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HomeMy Public PortalAboutORD14864 BILL NO. 2011-80 SPONSORED BY COUNCILMAN , f Harvey ORDINANCE NO r AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH OZARK HARLEY DAVIDSON, INC., FOR LEASE OF HARLEY DAVIDSON, MODEL FLHP, POLICE MOTORCYCLES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Ozark Harley Davidson, Inc. for lease of two (2) 2012 Harley Davidson, Model FLHP, Police Motorcycles. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: resi ing Off' e Mayor A E T ,a APPROVED AS TO FORM: f City Clerk Interim City Counselor 01�d ILI 3�-1 LEASE AGREEMENT Made this 24th day of September 15, 2011 between Ozark Harley-Davidson Inc. A Missouri Corporation, having its principal place of business at 2300 Evergreen Pkwy, Lebanon MO. 65536 and Jefferson City, MO P.D. I. Lease Vehicles Lessor agrees to lease to Lessee and Lessee agrees to hire from Lessor,the motor vehicles specified in Schedule A, attached hereto of the models therein described. When used in this Agreement,the"vehicle"shall mean a motor vehicle leased hereunder. II. Ownership of Vehicles This is an agreement of lease only and may not be construed as a contract for the sale of vehicles. Lessee acknowledges that lessor is the owner of all vehicles leased hereunder. Lessee further agrees that it does not acquire any legal or equitable interest in leased vehicles but shall merely have the possession right to use and operate the vehicles,which possession right shall be forfeited upon the termination or expiration of this lease Agreement as hereinafter provided. III. Payment of Rent Lessor will invoice Lessee upon delivery of said vehicle.All rent payments which shall be payable in advance. All rent shall be made at such place or places as Lessor may designate and are due and payable upon receipt.The rent period for each vehicle shall commence upon the day of delivery of such vehicle and shall terminate on the day when such vehicle is returned to the Lessor. IV. Term The term of this agreement shall be the period appearing in Motor Vehicle Lease Agreement Schedule A,commencing on the delivery date of such vehicle. The delivery date of any vehicle shall be the earlier of the date such vehicle is delivered to lessee as shown on the delivery receipt or five(5) days from the date Lessee is notified the vehicle is ready for delivery. If a vehicle is stolen or disappears, Lessee shall forthwith.notify the appropriate local authorities and Lessor at Lessor's home office. If vehicle is stolen or disappears, or is destroyed or so damaged that it cannot economically be placed in good working order, the lease shall terminate with respect to such vehicle, and the resulting expense,shall be borne as elsewhere provided in this agreement. Lessor shall have the right to verify such damage at its option. V. State, County and City Registration and Licenses Lessee, at Lessee's expense, shall accomplish any licensing in the Continental United States.Lessee agrees to notify Lessor at least fourteen(14) days prior to removing vehicle(s) from the state of original registration. Lessee's failure to give proper notice under this section shall give the Lessor the immediate right to cancel said agreement and retake said vehicle(s)wherever found at Lessee's expense. VI. Repair and Maintenance *** To be provided by LESSEE 1. Lessee shall keep and maintain each vehicle in good operating condition and working order, and shall make all necessary repairs and replacements of such vehicle. All replacement parts and accessories, including batteries, must be genuine manufacturer's parts. Title to all replacements parts shall vest in Lessor, Lessee shall provide all gasoline and oil required for the proper operation and/or protection of each vehicle. 2. Lessee shall carry out the servicing and maintenance of such vehicle in accordance with the manufacturer's suggested maintenance program, and shall comply with Lessor's and manufacturer's requirements respecting the nature and location of service garages at which warranty work and service are to be done. Lessor's business facility shall be automatically deemed to be within these requirements. Lessor shall not be obligated to pay for any washing, parking, garage,highway, or other fees or oils or liens of any nature that may be incurred in connection with the operation of each vehicle. VII. Insurance *** To be provided by Lessee 1. Insurance shall be procured and maintained for the term of the lease for each vehicle with insurance companies satisfactory to Lessor. Policies are to include the interest of both Lessor and Lessee and will provide limits of (a) $2,000,000 per person for bodily injury (b) $2,000,000 per accident for bodily injury (c) $2,000,000 property damage (d) collision (e) fire &theft(comprehensive) 2. Lessee to pay any deductible and any amounts not covered by insurance payments. 3. Lessor,Lessee,their employees and/or their agents shall comply with all terms and conditions of insurance policies. All claims, (including bodily injury, property damage, or vehicle damages)are to be reported ant ivnnFh ....___.--- ------- immediately to both the Lessor and the insurance company under this provision. 4. Lessee will provide a Certificate of Insurance with a 10 day cancellation notice will be required prior to delivery of the vehicle(s). VI11. Return of Leased Vehicles Upon the expiration or termination of the lease said vehicle(s) shall be returned forthwith and without delay to Lessor at Lessee's expense at a place designated by Lessor.Except as hereinafter specified with regard to the appearance of such vehicle, the Lessee shall return such vehicle in as good condition and order as when received by Lessee, ordinary wear and tear and damage of defects,which are specifically covered by manufacturer's warranty and natural depreciation, excepted. If upon expiration or termination of this lease for any cause or for any reason the leased vehicle(s) is returned in an unsatisfactory condition after inspection by the Lessor, excepting ordinary wear and tear and natural depreciation, the Lessee shall pay as additional rent,the Lessor's cost of cleaning,repairing, or replacing any damage to vehicle(s) occasioned(a)by improper,negligent, abusive or reckless treatment in the care and operation of the vehicle(s); (b)by traffic accidents,or(c)by operation and maintenance without proper oil, or other necessary lubricants or items; (d)by towing, pushing and/or illegal uses;shall not be considered ordinary wear and tear or natural depreciation The Lessor reserved the right to charge and receive any cost to the Lessor for cleaning,repairing or reconditioning under this provision. Lessee shall give Lessor thirty(30)days advance written notice by certified mail of serial numbers and location of vehicles to be taken off lease. Each vehicle shall be in good operating condition and will have all original equipment and(2)safe tires each. IX. Indemnification Lessee shall defend, indemnify and hold harmless Lessor and its officers and employees, from and against any and all damages loss theft or destruction of any vehicle and against all losses, liabilities, damages, injuries, claims, demands, costs and expenses of every kind and nature, including legal fees and disbursements arising out of and in connection with the use, condition or operation of vehicles during the lease term. Lessee agrees to pay any and all costs of repossession together with reasonable attorneys fees and costs which grow out of any suit or suits commenced by Lessor under this provision. X. Lessee's Damages Lessor shall not be responsible to Lessee, or its agents, servants,or employees, for loss of business or other damage caused by any interruption of the service herein to be furnished by Lessor, or by time lost in the repairing or replacing of any vehicles, nor for a loss, injury or damage arising out of or relating to Lessor's failure to deliver vehicles pursuant hereto by reason of strikes or other causes beyond control of Lessor nor for any other losses or damages sustained by Lessee hereunder except as specifically provided in Lessor's undertakings in this Agreement, Lessor assumes no liability or responsibility of Lessee, its agents, servants or employees or any other persons, property which is damaged, lost or stolen in or from the vehicles. Xl. Operation of Vehicles 1, Lessee shall permit only licensed drivers to operate the vehicles, and shall require them to operate such vehicles with reasonable care and diligence and to comply with written instructions furnished by Lessor covering the operation and maintenance of the vehicles. Lessee shall also obtain license number,state of issuance, and residence shown from each licensed driver, and this information shall be maintained as a part of lessee's regular business records. 2. Except with written consent of Lessor,the use of all vehicles shall be limited to the continental limits of the United States. 3. The Lessee agrees not to assign.this Agreement or sublease any leased vehicle. Lessee shall not permit any motorcycle leased hereunder to be used for hire or as a common carrier. ,/��4z n�c=erreSCUW Ozmtl ar ey gvidson RT— egtutive. Dated 9-15-2011 APFR© //T4 F0PJ& eGG `sty(;ounselar HTE,' s ., Att ac,'N I ', Leause datrad Sepi-mb c 1 5 a 2011, betweeu, fir.a 2i .s iev,-Dcnv" ,soak Inc. : or) and Je le -o, ity,, M P,D (Lessee,) Ardhicl . 01 11es ley-Davison ' J. IM_ ' Cr,,'!or "E l` m c en One Year Lessee acknowledges dellivery of aba`v d • c9 ib od ebic s+ it) , w n di"Iti n.. a •: