HomeMy WebLinkAboutCity of Tamarac Resolution R-88-1131
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Temp. Reso. #5015
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88- _/ram
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A LEASE AGREEMENT WITH
HARLEY--DAVIDSON LEASING, INC. TO LEASE THREE (3)
HARLEY--DAVIDSON POLICE MOTORCYCLES; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the appropriate City officials are
HEREBY AUTHORIZED to execute a lease agreement with
Harley --Davidson Leasing, Inc. pertaining to the lease of
three (3) Harley-Davidson police motorcycles, for a period of
24 months at a cost of $300.00 per month, per motorcycle, a
copy of said agreement being attached hereto as "Exhibit 1".
SECTION 2: That the appropriate City officials are
hereby authorized to execute said agreement on behalf of the
City.
SECTION 3: This Resolution shall become effective
immediately upon adoption. vt
PASSED, ADOPTED AND APPROVED this day of ,
1988.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to orm.
RICHARD DOODY
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1:
C/M ROHR
DISTRICT 2:
V/M STELZER
DISTRICT 3:
C/M HOFFMAN
DISTRICT 4:
C/M BENDER
LEASE AGREEMENT
BETWEEN THE CITY OF TAMARAC AND
HARLEY-DAVIDSON LEASING, INC.
This is a Lease Agreement (the "Agreement") between
Harley-Davidson Leasing, Inc. (the "Lessor"), and City of
Tamarac, a Florida municipal corporation (the "Lessee"), dated
this ,27 day of / 8 under which the Lessor shall
lease three (3) Harley-Davidson police motorcycles to the
Lessee under the following terms and conditions:
1. EgLai ment
The three (3) motorcycles leased by Lessor to Lessee shall
be 1988 Harley-Davidson FXRP police solo motorcycles as
described on the specification sheet attached hereto as
Exhibit l (the "Motorcycles").
2. Terms of Agreement
This Agreement shall be effective as of the date of
execution for a period of twenty four (24) months. Lessee
warrants that it has funds available to pay lease payments
•
until the end of its current appropriation period and warrants
that it will request funds to make payments in each appro-
priation period from now until the end of the lease term. If
Lessee periodically requests from its legislative body or
funding authority funds to be paid to Lessor under this lease
and, notwithstanding the making in good faith of such request
in accordance with appropriate procedures and with the exercise
of reasonable care and diligence, such legislative body or
funding authority does not appropriate funds to be paid to
Lessor for the Equipment described in this lease. Lessee may,
upon prior written notice to Lessor effective thirty (30) days
after the giving of such notice or upon the exhaustion of the
funding authorized for the then current appropriation period,
whichever is later, return the leased Equipment to Lessor, at
Lessee's expense, and thereupon, be released of its obligation
to make all lease payments to Lessor due thereafter.
OC
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3. Lease Payments
The Lessee shall pay to the Lessor Three Hundred Dollars
($300.00) per month per motorcycle.
4. Insurance
a. Vehicle Liability Insurance. The City of Tamarac
shall be liable to pay for all sums to which the City and the
Lessor shall become legally obligated to pay as damages because
of bodily injury or property damage caused by an occurrence
arising out of the use of any leased cycle while under the care
of the City of Tamarac (see Section 5). The City will NOT be
responsible for any damages while a leased cycle is under the
care, custody, or control of the Lessor.
b. p y of Lessor.
InsuranceRes Responsibility . The Lessor r
shall carry Comprehensive General Liability insurance including
Products Liability exposure coverage with limits of
$100,000/$200,000. A Certificate of insurance evidencing said
coverage
and
listing the
City
of Tamarac
as
an additional named
insured
shall
be issued
to
the City
and
shall also evidence
.
that Contractual Liability is covered.
5. Hold Harmless Indemnification Between Parties
The City of Tamarac agrees to protect, defend, indemnify
and hold harmless the Lessor up to the limits of Municipal
immunity as provided by State Statute from and against any
losses, penalties, damages, settlements, costs, charges or
other expenses or liabilities of any kind in connection with
the leasing of cycles as described in this document; except
that the City of Tamarac shall NOT be liable for the negligence
of the Lessor that might arise out of maintenance of the
described
cycles, or
such loses
that may arise
while the cycles
are under
the care,
custody, or
control of the
Lessor.
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6. Liens
The Lessee shall not directly or indirectly create, incur,
assume or suffer to exist any mortgage, pledge, lien, charge,
encumbrance or claim on or with respect to the Motorcycles,
except with respect to the respective rights of the Lessor as
herein provided. Lessee shall promptly, at its own expense,
take such actions as may be necessary to duly discharge any
such mortgage, pledge, lien, charge, encumbrance or claim not
excepted above if the same shall arise at any time due to the
Lessee's action or inaction.
7. Terms and Fees
The Lessee shall pay all appropriate taxes or fees, or
similar charges imposed by virtue of the Lessee's ownership,
possession or use of the Motorcycles during the term of this
Agreement. This section shall not require Lessee to pay taxes,
fees or charges from which Lessee is exempt pursuant to its
status as a municipal corporation.
•
8. Care and Use of Equipment
The Lessor agrees to maintain the Motorcycles pursuant to
the Manufacturer's Standard Preventative Maintenance Contract
and/or Recommendations. All repairs shall be made at Harley-
Davidson of Miami, Inc., 7701 N.W. 7 Avenue, Miami, Florida
33150. The Lessee, at its own cost and expense, shall ensure
delivery of the Motorcycles to Harley-Davidson of Miami, inc.,
7701 N.W. 7 Avenue, Miami, Florida 33150, at regular mainten-
ance intervals set up by the Lessor in accordance with the
service schedule attached hereto as Exhibit 2.
The Lessee shall protect the Motorcycles from deterior-
ation other than normal wear and tear, shall use the Motor-
cycles for police related activities only, without abuse, and
shall not make modifications, alterations or additions to the
Motorcycles (other than normal operating accessories or con-
trols) without the written consent of the Lessor, which shall
not be unreasonably withheld.
The Lessor shall have the right, after first notifying
Lessee and during regular business hours, to enter upon the
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F- Y'r-11.3 , , -
premises where the Motorcycles are located in order to inspect,
observe or otherwise protect the Lessor's interest, and the
Lessee shall afford them the reasonable opportunity to do so.
9. Damage or Deterioration of Motorcycles
In the event the Motorcycles are partially damaged or
destroyed due to the negligent action of the Lessee or its
employees prior to the end of the term of this Agreement, the
Lessee will promptly have the Motorcycles repaired and restored
to their original condition and working order.
In case of theft or total loss of any of the Motorcycles,
the replacement value of each Motorcycle shall be Six Thousand
Eight Hundred Dollars ($6,800.00) minus two (2%) percent for
each month the Agreement was in effect.
10. Rider Res onsibilit and Privileges
Each rider shall be responsible for keeping his Motorcycle
clean and for reporting any repairs needed to the Lessor. The
Lessee may allow riders to use the Motorcycles to travel to and
from work provided that the Motorcycles are fully insured by
the Lessee and that the distance to and from work is no more •
than twenty (20) miles each way.
11. Events of Default and Remedies
Lessee shall be deemed to be in default under this Agree-
ment upon the happening of any of the following events of
default:
(A) Lessee fails to make any periodic payment or fails to
make any other payments required hereunder (except as provided
in section 2, above), or
(B) Lessee fails to comply with any other term, covenant
or condition contained herein.
Upon the occurrence of any event of default as specified
above, should Lessee fail to remedy such event of default with
all reasonable dispatch within a period of thirty (30) days,
Lessor shall have the right, after written notice to the
Lessee, to pursue any of the following remedies;
(1) Repossession of the Motorcycles, including the right
to sell or lease the Motorcycles for the account of the Lessee,
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and hold Lessee liable for all payments up to the effective
date of such sale or lease. Lessor may hold Lessee responsible
for the difference between payments which would be due under
this Agreement and the amount received by Lessor for sale or
lease of the Motorcycles upon default.
(2) Any action at law or in equity as may appear neces-
sary to collect the payments then due thereafter to become due,
or to enforce performance and observance of any obligation,
agreement or covenant of Lessee under this Agreement.
Lessor shall be deemed to be in default under this Agree-
ment upon failure to comply with any material term, covenant or
condition contained herein.
12. Termination
This Agreement may be terminated by either party for cause
upon thirty (30) days written notice by the -terminating party
to the other party of such termination. Lessor shall be
entitled to Lease payments due or incurred to the such date of
termination.
13. Maintenance and_ Equipment
Lessor shall provide full maintenance of the Motorcycles at
no cost to Lessee. Lessor shall not supply Lessee with
gasoline or tires. All maintenance shall be done at Harley-
Davidson of Miami, Inc., 7701 N.W. 7 Avenue, Miami, Florida
33150.
The Motorcycles shall be new 1988 Harley-Davidson model
FXRP, equipped with, inter alia, Whelen strobe lights and a
Federal siren and loud -speaker. Lessee shall furnish radios
and all equipment necessary to operate said radios. Mainten-
ance of the radios shall be the sole responsibility of the
Lessee.
14. Sublease or Assignment
This Agreement may not be assigned by either the Lessor or
the Lessee. Neither Lessor nor Lessee may affect the sub-
leasing of the Motorcycles.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of this aZ7 day of /fsg-
CITY OF TAMARAC
APPROVED AT MEETING OF
ATTEST:
CITY CLERK
CAROL E, 0AR6V7i9
APP�ROOV�ED� TO FORM:
CR
i!✓
CITY ATTORNE
jgjC14#0AD -Poorly
Signed, sealed and
delivered in the
/16
51
LEASE.AGREEMENT
2130010788/t
CITY OF TAMAR.AC
By: nnt66.= 6
MAYOR
NaRM.4N ABRAM4-
HARLEY-DAVIDSON LEASING, INC.
OR 11, LzFj&'1
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Harley-Davidson Leasing, Inc.
LEASE MOTORCYCLES
NEW 1988 MODEL FXRP
COLOR: WHITE POLICE MOTORCYCLES WITH THE FOLLOWING EQUIPMENT:
1) 1340 cc. Evolution Engine, isolated
2) Five Speed transmission
3) Heel/Toe Shift lever
4) 7' Quartz Halogen headlight
5) Belt, instead of chain, drive
6) De Luxe Solo black saddle/air suspension
7) 4.2 Gallon gas tank
8) Fuel Gauge
9) Police Black Saddlebags, hinged
10) Foot boards / Chrome / Adjustable
11) Balanced cast wheels with tubeless tires
12) Police Speedometer
13) Tachometer
14) Crossover Dual Exhaust
15) Windshield only
16) Electronic siren with microphone
17) Strobe Lights, front and rear
18) Disc brakes / Dual front - Single rear
19) Two mirrors, left and right
20) Adjustable rear shocks / Air adjustable
21) Hazard warning flashers
22) Electronic ignition (solid state)
23) 33 amp Alternator / 462 Watts
24) Non -Adjustable Fork front suspension
EXHIBIT 1
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SERVICE
' REGULAR (MAINTENANCE
' . INTERVALS
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