2007-006 Patrol Motorcycle Lease Agrmt.RESOLUTION 2007-06
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A MOTORCYCLE LEASE AGREEMENT WITH FT.
LAUDERDALE HARLEY-DAVIDSON, INC., ATTACHED AS EXHIBIT "A", AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the Motorcycle Lease Agreement with Ft. Lauderdale Harley-Davidson, Inc., attached
as Exhibit "A", which Lease Agreement is effective as of January 1, 2007.
Section 2. Funds are available for this lease in the approved Public Safety budget within the
Department's Rental Equipment budget line item #A5711-34420.
Section 3. The Village Council does hereby authorize and direct the Mayor and Village
Clerk to execute the Motorcycle Lease Agreement with Ft. Lauderdale Harley-Davidson, Inc.,
for and on behalf of the Village of North Palm Beach.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 11th DAY OF raNrrauv ~nm
(Village Seal)
ATTEST:
VILLAGE CLERK
MOTORCYCLE LEASE AGREEMENT
This Motorcycle Lease Agreement (the "Lease") is made this 18th day of
December 2006, by and between Bruce Rossmeyer's Ft. Lauderdale Harley-Davidson,
2871 North Federal Highway, Ft. Lauderdale, FL 33306 ("Dealer" or "Lessor") and the
Village of North Palm Beach, (the "Village" or "Lessee"), whose address is 501 US
Highway 1, North Palm Beach, FL 33408 for the lease of police motorcycles (hereinafter
referred to as "the vehicles") as described in Exhibit "A" attached hereto, for use by the
Village's authorized employees in the performance of police-related or law-enforcement
duties. The terms and conditions of the Lease are as follows:
1. Term: The term of this Lease shall be thirty-six (36) months commencing
on January 1, 2007 and ending on December 31, 2009. Upon mutual agreement Lessor
will replace the motorcycles with the newest model available at the end of each year.
Lessee shall have the right to extend the term of this Lease, provided that Lessor agrees,
upon the same terms and conditions as provided in the Lease. In the event Lessee elects
to exercise its option to renew the terms of this Lease, then Lessee shall provide Lessor
with written notice of its election.
2. Payment: Lessee shall make monthly lease payments to Lessor in the
amount of $325.00 for each vehicle, which includes a top of the line police strobe light
package. In the event Lessee is subject to budgetary constraints, an alternative payment
plan for the lease (i.e. a lump-sum payment) can be arranged with Lessor. The details of
any such payment plan must be set forth on Exhibit "A" of this Lease.
3. Miscellaneous Fees: Lessee agrees to pay for all official fees in
connection with the certificate of title, registration and license fees and any applicable
taxes for each of the lease vehicles. Lessor agrees to waive all charges with respect to
freight and dealer prep of the vehicles.
4. Maintenance, Repairs and Operating Expenses: Lessee is responsible
for and agrees to pay for all maintenance and repairs to keep the vehicles in good
working order and condition and other expenses associated with operating the vehicles.
Lessee agrees to service the vehicles according to the manufacturer's recommendations
as outlined in the owner's manual for the vehicles, and as requested by the manufacturer
in any recall campaign. Lessee's use or repair of the vehicles must not invalidate any
warranty.
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5. Use and Subleasing: Lessee agrees that the vehicles (a) will be operated
only by authorized licensed drivers employed by Lessee as law-enforcement officers; (b)
will be kept free of all fines, liens and encumbrances; (c) will not be used illegally,
improperly, for hire, or contrary to the manufacturer's recommendations; and (d) will not
be altered, marked or have equipment installed on them without Lessor's consent.
6. Insurance: During the term of the Lease Lessee must maintain public
liability and physical damage insurance on the vehicles that covers both Lessee and
Lessor. Lessee agrees that the Village's own liability and personal injury protection
insurance will provide primary insurance coverage up to its full policy limits. Lessor
must be named as "additional insured" and "loss payee" on Village's insurance policy.
Lessee will provide Lessor will evidence of this insurance. Lessee's insurance policy
must provide that Lessor will be notified in writing at least 10 days before the insurance
is cancelled or coverage altered and that Lessor, or its representatives, may have full
access to any claim file in the event of an insurable loss. In the event of a total loss or
destruction of vehicles, Lessee's maximum exposure shall be the Dealer's cost of the
vehicle as shown on its bookslrecords. As an alternative to the insurance required of
Lessee, Lessee may provide proof to Lessor that it is self-insured.
Lessor or Dealer shall provide the Lessee or Village with evidence of
insurance as follows: Workers Compensation, General Liability, Automobile Liability,
and Errors and Omissions (Professional) Liability.
Lessors or Dealers insurance shall apply only when the vehicles are in
Dealer's care, custody or control.
7. Notice of Accidents and Cooperation: Lessee agrees to cooperate fully
with Lessor and any insurance company in the investigation and defense of any and all
claims arising from their possession and use of the vehicles. Lessee will make a
complete report to Lessor within 48 hours after any accident, theft or loss involving the
vehicles.
8. Indemnification: Lessee agrees to indemnify and hold Lessor, its
affiliates, assignees, officers, agents and employees harmless from all losses, liability,
damages, injuries, claims, demands and expenses, including attorneys fees, arising out of
the use of the vehicles while in the care, custody or control of the Lessee.
Lessor agrees to indemnify and hold Lessee, its affiliates, assignees,
officers, agents and employees harmless from all losses, liability, damages, injuries,
claims, demands and expenses, including attorneys fees, arising out of the use of the
vehicles while in the care, custody or control of the Lessor.
Lessee does not waive its right to sovereign immunity under 768.28 of the
Florida Statues.
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9. Limitation of Liability: Lessor shall not be liable for any indirect or
consequential damages or inconvenience (except for those relating to personal injury}
which may result to Lessee from any damages to, or defect in, the vehicles for the time
needed to repair or service the vehicles. Monthly lease payments shall continue and not
be reduced or delayed during this time. Lessor makes no express warranties covering the
vehicles. In particular, Lessor makes no express warranties of vehicle condition,
merchantability, durability or fitness for a particular purpose of use covering the vehicle,
and Lessor expressly disclaims any such express warranties.
10. Return of the Vehicles: At the end of the Lease, the Village must return
the vehicles to Lessor in good condition, without damage, excessive wear or use and with
all the original equipment installed by the manufacturer.
FT LAUD. HARLEY-DAVIDSON INC. VILLAGE OF N. PALM
By:
By:
Barry Kuhnly, Manager
Police/Fleet Sales & Leasing
Title: /iil~ ~d~~
,/~~vr~ t3 ~ /I/o~~~s
Print Name
. ~~C~l
Attest: ~
Village Clerk
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EXHIBIT "A
December 18, 2006
Lessee's Name: Village of North Palm Beach
Model Year: 2007
Model Description: FLHP luxury blue
Number of Units: 2
Vehicle Identification Numbers:
1. 1HD1FHM137Y657650
2. 1HD 1 FHM 107Y658044
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