2000-072 Harley-Davidson Police Motorcycle Lease Agreement•
RESOLUTION 72-2000
FLORIDA:
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 AN AGREEMENT WITH FORT
LAUDERDALE HARLEY-DAVIDSON WHICH AGREEMENT IS
ATTACHED AS EXHIBIT "A" AND FOR THE PURPOSE OF
LEASING TWO (2) POLICE MOTORCYCLES FOR USE BY THE
NORTH PALM BEACH PUBLIC SAFETY DEPARTMENT; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
Section 1. The Village Council of the Village of North Palm Beach, Florida, does
hereby approve the agreement with Fort Lauderdale Harley-Davidson attached as Exhibit "A", which
agreement is for the purpose of leasing two (2) police motorcycles for use by the North Palm Beach
Public Safety Department.
Section 2 The Mayor and Village Clerk are authorized and directed to execute the
agreement with Fort Lauderdale Harley-Davidson , set forth in Exhibit "A" for and on behalf of the
Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 29th DAY OF NOVEMBER, 2000.
(Village Seal)
MAYOR
• A ST:
VILLAGE CLERK
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MOTORCYCLE LEASE AGREEMENT
This Motorcycle Lease Agreement (the "Lease") is made this 27s' day of November 2000, by
and between Fort Lauderdale Harley-Davidson Inc., 443 South SR7, Fort Lauderdale, FL 33317
("Dealer" or "Lessor") and the Village of North Palm Beach (the "Village" or "Lessee"), whose
address is 501 U.S. Highway # 1, North Palm Beach, FL 33408 for the lease of police
motorcycles (hereinafter refereed to as "the vehicles") as described in Exhibit "A" attached
hereto, for use by the Village's authorized employees in the performance ofpolice-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
December 1, 2000 and ending on November 30, 2003. 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 the 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
$250.00 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.
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 Eapenses: 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 warcanty.
• 5. Use and Subleasing: Lessee agees 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 obtain public liability and
physical damage insurance on the vehicles that covers both Lessee and Lessor. Lessee agees
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 with evidence of this
insurance. Lessee's insurance policy must provide that Lessor will be notified in writing at lease
ten (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 books/records.
Lessor or Dealer shall provide the Lessee or Village with evidence of insurance as
follows: Workers Compensation, General liability, Automotive Liability, and Errors and
Omissions (Professional) Liability.
Lessor's or Dealer's insurance shall apply only when the vehicles are in Dealer's care,
custody or control.
As an alternative to the insurance required of Lessee, Lessee may provide proof to Lessor
that it is self-insured.
7. Notice of Accidents and Cooperation: Lessee agees 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 forty-eight (48) hours after any accident, theft or loss involving the vehicles.
8. Indemnification: Lessee agees 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
• Statutes.
• 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.
Ff. LAUDERDALE RAREFY-DAVIDSON INC. VH.LAGE OF NORTH PALM BEACH
By: ~"~1~
Barry Kuhnly, Manager
Police/Fleet Sales & Leasing
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Title: /1~~yo.P
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Print Name
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tillage Clerk
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EXHIBIT "A"
November 27, 2000
Lessee's Name: Village of North Palm Beach
Model Year: 2001
Model Description: FLHP1, Birch white in color
Number of Units: 2
Vehicle Identification Numbers:
1. 1 HD1FI-IW 101 Y621838
2. 1 HDIFHW 151 Y620670
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