HomeMy Public PortalAbout15-9030 Enter into a Lease Agreement w/ Petersons Harley Davidson of Miamie Sponsored by: City Manager
RESOLUTION NO. 15-9030
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A LEASE AGREEMENT WITH
PETERSON'S HARLEY-DAVIDSON OF MIAMI, LLC FOR
THREE (3) FLHP ROADKING MOTORCYCLES WITH A
TOTAL COST OF $36,000.00; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Motorcycles are an essential element in traffic enforcement and other
police enforcement efforts; and
WHEREAS, the City Commission desires to improve and better equip the Opa-locka
Police Department; and
WHEREAS, attached as Exhibit"A" is the proposed lease agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to enter into the attached lease agreement with Peterson's Harley-Davidson of Miami,
LLC for three motorcycles, at a cost of$500.00 per month, totaling $1,500 per month, for a total
cost of$36,000 to be taken from account number 22-521649.
PASSED AND ADOPTED this 8th day of July, 2015.
Resolution No. 15-9030
R• T• LOR
MAYOR
Attest to: Approved as to form and legal sufficiency:
a
Joa la Flores Vincent T. Brown, Esq.
City Clerk BROWN LAW GROUP, LLC
City Attorney
Moved by: COMMISSIONER SANTIAGO
Seconded by: COMMISSIONER KELLEY
Commission Vote: 4-0
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice-Mayor Holmes: NOT PRESENT
Mayor Taylor: YES
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May 9, 2015 d°11'ANNI`VERSp'R`�
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City of Opa-Locka
x Sgt. Marcos Gonzalez
I mgonzalez @opalockapd_com
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Lease Renewal Proposal
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The City of Opa-Locka's current lease for three (3) Harley-Davidson police motorcycles
o. is scheduled for renewal on September 1, 2015. As per your current lease, you have the
option to renew. Renewing your lease will replace your current 2014 models with 2016
models. The motorcycles will include ABS brakes and all equipment(i.e.: lights, box,
siren etc.) will be transferred from your current motorcycles at no charge. The lease teuii
is twenty-four(24) months and will be billed monthly as:
Three (3) Black FLHP motorcycles at $500 = $1,500 per month
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PLEASE NOTE: The price above reflects a$25 increase per unit per month. This is the
first increase in over five years.
The price includes all tires and maintenance, with the exception of clutch replacement,
physical damages, and repairs from training usage. The lessee will pay for parts only on
all clutch replacements/repairs.
If you have any questions,please feel free to contact me at 305-651-4811 ext 501.
Sincerely, Please sign to accept
u.
Ace Armstrong
General Manager arg re t ch}ec' etll(Id
Peterson's Harley-Davidson of Miami Print nawk position/title
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting Item Type: Resolution Ordinance Other
Date: x
(EnterXin box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) n/a Yes No (Enter X in box)
x Public Hearing: Yes No Yes No
(EnterXin box) X g
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) 22-521649 (EnterXin box) x
ITEM BUDGETED:
YES x
NO
Contract/P.O.Required: Yes No RFP/RFQ/Bid#: n/a
(EnterXin box) N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) x specific objective/strategy this item will address)
Enhance Organizational p
Bus.&Economic Dev p
Public Safety X
Quality of Education
Qual.of Life&City Image p
Communcation
Sponsor Name Department:
City Manager Police
Short Title:
2015—2017 Lease Agreement with Peterson's Harley-Davidson of Miami, L.L.C.
Staff Summary:
Staff supports entering into agreement.
Proposed Action:
Attachment:
1. Interoffice Memorandum
2. Draft Resolution for 2015-2017
3. 2015-2017 Lease Agreement
4. Previous Ordinance/Resolution 11-10 package; 09-7422 package; 06-6884 [resolution only]
Z:\Agenda Items and Resolutions-Commission\2017\Motorcycles\Agenda Cover 2015-2017.doc
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OQ ORP1 E�
Memorandum
TO: Mayor Myra L.Taylor
Vice Mayor Timothy Holmes
Commissioner Jos: •h L. Kelley
Commissioner Ter- ce K. P.' ier,
Commissioner Luis 1.Santia:•
FROM: Kelvin L. Baker,Sr., City Mana:yam
DATE: June 22, 2015
RE: Execute a Lease Agreement with eterson's Harley-Davidson of Miami, L.L.C.
for three (3) Police Motorcycles
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A
LEASE AGREEMENT WITH PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C.
FOR THREE (3) FLHP ROADKING MOTORCYCLES. THE EXPECTED COST IS
$500.00 EACH ($1,500.00 PER MONTH) FOR A TWENTY-FOUR MONTH PERIOD,
TOTALING $36,000.00. (A Budgeted Item)
Description: The motorcycles are used as a traffic enforcement tool and are essential to law
enforcement agencies. They are used for conducting radar speed enforcement,
escorts of any type requested, and day to day traffic enforcement. The motor
unit also assists the School Crossing Guards on an as-needed basis.
Financial Impact: $36,000.00, payable from account number 22-521649
Implementation Time Line: Immediately
Legislative History: Ordinance Numbers: 11-10;09-7422;06-6884
Recommendation(s): Staff recommends approval.
Attachments: 1 2015-2017 Lease Proposal
2 Ordinance No. 11-10 package
3 Agenda Cover Memo
Prepared by: Clancy Huckleberry, Executive Secretary
End of Memorandum
2015-2017 Motorcycle Leas
Renewal Proposal
2013-2015 Motorcycle
Lease Purchase Order
PURCHASE ORDER NO. 1400099
CITY OF OPA-LOCKA, FLORIDA
CITY HALL
780 Fisherman Street, 4th floor
OPA-LOCKA, FL 33054 PAGE N0. 1
Tel: 305-953-2868
v T-11537 7 S P POLICE DEPARTMENT 7
E PETERSON'S H-D MIAMI, LC Es.,
N 19400 NW 2ND AVENUE I CITY OF OPA-LOCKA
D P 2495 ALI-BABA AVENUE
RI MIAMI FL 33169-3315 OPA-LOCKA, FL 33054
L- D ATTN:
ORDER DATE: 1031/13 BUYER: CITY OF OPA LOCKA - POLICE REQ. NO.: 0 REQ. DATE:
TERMS: NET 30 DAYS F.O.B.: DESTINATION DESC.: SERVICE
ITEM# QUANTITY UOM DESCRIPTION UNIT PRICE EXTENSION
01 12 . 00 EA LEASE OF QTY 3 HARLEY DAVIDSON 1425.0000 17, 100. 00
MOTORCYCLES 2YR AGREEMENT $475.00 PER
MONTH PER BIKE _ $1,425. 00 PER MONTH
ITEM# ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL $ 17, 100 . 00
01 22 17, 100 . 00 TOTAL $ 17, 100 . 00
52164 9 I PREPAY ALL FREIGHT&ADD TO INVOICE
FURNISHING BILL OF LADING. PO NUMBER MUST
f APPEAR ON ALL INVOICES, PACKING SLIPS.
PACKAGES,&CORRESPONDENCE.
IMPORTANT:Mail Invoice in DUPLICATE showing
! F Purchase Order Number to Finance Department-
i1 I k/� (3) I PO Box 540371-OPA-LOCKA, Florida 33054
I immediately upon delivery.
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See Reverse Side For Additional Information. APPROVED BY V.
2013-2015 Motorcycle Lease Renewal
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x September 11, 2013
City of Opa Locka
Attn: Sgt. Marcos Gonzalez
MGonzalez @opalockapd.com
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Lease Renewal
The City of Opa Locka current lease of three (3) Harley-Davidson FLHP motorcycles is
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scheduled for renewal in July 2013.
As per your current lease options, Peterson's Harley-Davidson of Miami, L.L.0 will
replace your current 2012 models with new 2014 models. The motorcycles will include
a ABS brakes. All equipment, i.e.: lights, box, siren, etc. transferred from your current
N motorcycles at no charge.
z The lease term is twenty-four(24) months and will be billed monthly as per the pricing
° schedule below.
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Li FLHP $475.00 per month
The price includes all tires and maintenance with the exception of clutch replacement and
physical damages. The lessee will pay for parts only on clutch replacements.
c If you have any questions, please feel free to contact me at 305-651-4811 ext 501.
a Sincerely,
ce • rms ing
General Manager
Peterson's Harley-Davidson of Miami
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M I A M I ' S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N DEALERS
2013-2015 Motorcycle
Lease Agreement
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2013 LEASE AGREEMENT FOR
HARLEY-DAVIDSON POLICE MODELS
This agreement made and entered into between PETERSON'S HARLEY-DAVIDSON OF
MIAMI, L.L.C., designated as the lessor, and City of Opa-Locka, designated as the lessee, made
u, this day of , 2013 for the purpose of leasing to the Lessee ( )�HARLEY-
DAVIDSON Police motorcycles under the following terms and conditions:
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1. EQUIPMENT-
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to
2014 HARLEY-DAVIDSON model FLHP ROADKING Police solo motorcycle with the
complete description provided on attached specification sheet.
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O 2. AGREEMENT TERM-
The terms of this Agreement shall commence as of the date of delivery of the aforesaid police
motorcycles and thereafter for a period of twenty-four (24) months. At the end of the Agreement
Term, the City shall have the option of returning the 2012 models and acquiring 2014 models
under the same equipment items and for the same terms and conditions as set forth herein. If
Li Lessee decides not to retain the 2012 model motorcycles, they must be returned to Peterson's
Harley-Davidson of Miami, L.L.C. Motorcycles leased under this Agreement are to be used for
police and related activities: off-duty details, funeral escorts and parades only. Any other use
shall require the prior written consent of Lessor.
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3. PAYMENT PERIOD-
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o Lessee shall pay monthly payments in the amount of$475.00 for each motorcycle. Payments
include the cost of equipment, payment of interest, full maintenance and administrative costs less
the residual value of the motorcycle. Monthly rental,per motorcycle, shall be payable by the
= Lessee to Lessor on the 5th day of each month during the term of this lease.
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4. INSURANCE-
At its own expense, the lessee shall carry casualty insurance in the amount of$2,000,000 with
,ri respect to the motorcycle and shall carry Public Liability and Property Damage Insurance
sufficient to protect the actual cash value of the equipment and to protect the Lessor from
Liability in all events. The Lessee shall carry Worker's Compensation covering all its
employees working on, in, or about the motorcycle.
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The Lessee shall furnish to the Lessor certificates or other satisfactory evidence of all insurance
coverage described above as required by the terms and conditions of this agreement. The Lessor
shall be named as additional insured and loss payee.
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5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES-
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Subject to the provisions and monetary limitations of Section 768.28 (5), Florida Statutes, which
limitations shall be applicable regardless of whether such provisions would otherwise apply, and
to the extent permitted by law, the Lessee shall and does hereby indemnify and save the Lessor
harmless from any and all liability arising out of the leasing, renting, operation, control, use,
delivery and/or return of the Motorcycle including, but not limited to injuries causing personal
a injury, property damage and/or death, except for damages resulting from a design fault in the
product, but shall be credited with any amounts received by the Lessee with respect thereto from
liability insurance by the Lessee. The indemnification shall include all costs and expenses
including Attorney's fees incurred by the Lessor in connection with any suits or actions resulting
from and special liability. Nothing contained herein is intended nor shall be construed to waive
Lessee's right and immunities under common law and Section 768.28, Florida Statutes.
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6. LIENS-
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} The Lessee shall not directly or indirectly create, incur, assume, or suffer to exist any mortgage,
pledge, lien, charge, and encumbrance or claim on or with respect to the motorcycle, except with
a respect to the respective rights of the Lessor as herein provided. Lessee shall promptly, as its
own expense, take such actions as may be necessary to duly discharge any such mortgage,
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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.
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'7, 7. TAXES AND FEES-
The Lessee shall pay any necessary taxes or fees, including but not limited to Sales and Use Tax,
= Excise Tax, Personal Property Tax, assessments,penalties, licenses, fees, registration fees,
o. freight and transportation charges, permits and any similar charges imposed on the ownership,
possession or use of the Motorcycle during the term of the Agreement. Both parties recognize
that the City of Opa-Locka is tax exempt under Florida Law.
8. CARE AND USE OF EQUIPMENT-
The Lessor agrees to maintain the Motorcycle pursuant to the Manufacturer's Standard
Preventative maintenance Contract and/or recommendation. All repairs shall be made at
PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND AVE, MIAMI,
FLORIDA 33169. The Lessee, at its own cost and expense, shall ensure delivery of the
Motorcycle to PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND
AVE, MIAMI, FLORIDA 33169, at regular intervals set up by the Lessor in accordance with the
Service Schedule attached hereto as Exhibit 2.
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d The Lessee shall protect the motorcycle from deterioration other than normal wear and tear, shall
use the Motorcycle for Police related activities only, without abuse, and shall not make
modifications, alternations or additions to the Motorcycle(other than normal operating
accessories or controls) without written consent of the Lessor, which shall not be unreasonably
o withheld.
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0 The Lessor, shall have the right, during regular business hours to enter upon the premises where
the Motorcycle is located in order to inspect, observe or otherwise protect the Lessor's interest
n and the Lessee shall afford them the opportunity to do so.
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9. DAMAGE OR DETERIORATION OF MOTORCYCLES-
rgi In the event the Motorcycle is partially damaged or destroyed due to the actions of the Lessee or
its employees prior to the end of this agreement,the Lessee will promptly have the Motorcycle
repaired and restored to its original condition and working order. Any damage done to lease
ui motorcycles during the officers training will be repaired as soon as the training is completed at
Lessee's expense. This includes damage done to engine, transmission, brakes and not just the
paint and body parts. All repairs must be done at the Lessor's repair facility. In case of theft or
a total loss of the Motorcycle, the replacement value of the Motorcycle shall be $23,000.00 minus
2% for each month the agreement is in effect.
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10. SELECTION OR RIDER-
4 The Lessor reserves the right to reject any rider of his Motorcycle so as to be assured that proper
handling and care is exercised.
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0 11. RIDER RESPONSIBILITY AND PRIVILEGES-
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The rider will be responsible for keeping the motorcycle clean and is required to report any
defects or abnormalities. The rider shall be allowed to use the motorcycle to go back and forth to
work provided that it is fully insured at all times by the lessee and the distance is no more than
thirty(30) miles each way.
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12. EVENTS OF DEFAULT AND REMEDIES-
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Lessee shall be deemed to be in default hereunder upon the happening of any of the following
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A. Lessee shall fail to make any periodic payment, or to pay any other payments required
to be paid hereunder, or
B. Lessee shall fail to keep any such other term, covenant or condition contained herein.
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Upon the occurrence of an event of default as specified above, and upon the failure of Lessee to
remedy such event of default with all reasonable dispatch within a period of thirty (30) days,
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Lessor or its assigns shall have the right, at its option without any demand or notice, to pursue
any of the following remedies:
° 1) by written notice to Lessee, declare an amount equal to all payments due during the
agreement term to be immediately due and payable as liquidated damages and not as a
penalty, whereupon the same shall become immediately due and payable.
= 2) re-enter and take possession of the equipment, enforce this agreement or terminate the
agreement, and repossess the equipment and sell or lease the equipment for the account of the
Lessee, holding Lessee liable for all payments up to the effective date of such leasing or selling
and for the difference in the purchase price, rental and other amounts paid by the Lessee or
purchaser pursuant to such lease or sale and the amounts payable by Lessee hereunder, and
3) any action at law or in equity as may appear necessary to collect the payments then
due and thereafter to become due, or to enforce perfoimance and observance of any obligation,
agreement or covenant of Lessee under this agreement upon failure to comply with any term,
covenant or condition contained herein.
13. MAINTENANCE AND EQUIPMENT-
Lessor shall provide full maintenance and tires for the motorcycle at no cost to the Lessee.
Physical damages and clutch replacement are the exception. The lessee will pay for parts only
on all clutch replacements/repairs. Lessor shall not supply Lessee with gasoline or radios. All
J maintenance shall be done at PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C., 19400
NW 2ND AVE, MIAMI, FLORIDA 33169.
14. SUBLEASE OR ASSIGNMENT-
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o Neither the Lessor, nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may
effect the subleasing of the motorcycle.
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15. TERMINATION-
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This agreement may be terminated by either party for any cause, upon thirty(30)days written
notice by the terminating party. Lessor shall be entitled to lease payments due or incurred to the
date of such termination.
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16. ENTIRE AGREEMENT; AMENDMENTS-
This Agreement constitutes the entire agreement between Lessor and the Lessee, and all
negotiations and oral understandings are merged herein. No modification, amendment or
5 alteration in the terms or conditions of this Agreement shall be effective unless contained in a
written document executed with the same formality as this Agreement and signed by each Party.
17. CONSENT TO JURISDICTION-
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The Parties submit to the jurisdiction of any Florida state or federal court in any action or
proceeding arising out of, or relating to, this Agreement. Venue of any action to enforce this
?-1 Agreement shall be in Miami-Dade County, Florida.
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18. GOVERNING LAW-
This Agreement shall be construed in accordance with, and governed by, the laws of the State of
a Florida.
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a 19. HEADINGS-
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cHeadings are for convenience of reference only and shall not be considered in any interpretation
of this Agreement.
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20. SEVERABILITY-
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If any provision of this Agreement or the application thereof to any person or situation shall to
any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall have
t been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
and effect, and be enforced to the fullest extent permitted by law.
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21. WAIVER-
The waiver by either Party of any failure on the part of the other Party to perform in accordance
with any of the terms or conditions of this Agreement shall not be construed as a waiver of any
a future or continuing similar or dissimilar failure.
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22. COSTS AND ATTORNEY'S FEES-
If^z' either Lessor or Lessee is required to enforce the terms of this Agreement by court proceedings
or otherwise, whether or not formal legal action is required, the prevailing Party shall be entitled
z to recover from the other Party all such costs and expenses, including but not limited to costs and
reasonable attorney's fees.
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In witness whereof, the parties hereto have caused this agreement to be executed as of this
day of , 2013.
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City Of Opa-Locka:
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Approved as to form and legal sufficiency:
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City Forney
o Ace A st ong City Manager
General Manager City of Opa-Locka
Peterson's Harley-Davidson of Miami, LLC
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M I A M I ' S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N DEALERS
2011-2013 Motorcycle Lease
Renewal Agreement
Opa-locka Ordinance No. 11-10
1st Reading: June 22, 2011
2nd Reading: July 13, 2011
Public Hearing: July 13, 2011
Adopted: July 13, 2011
Effective Date: July 14, 2011
Sponsored by: Commissioner Holmes
ORDINANCE NO. 11-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA TO AUTHORIZE THE CITY
MANAGER TO ENTER INTO AND EXECUTE AN
AGREEMENT WITH PETERSON HARLEY-DAVIDSON OF
MIAMI, LLC, TO LEASE THREE (3) FLHP ROAD KING
MOTORCYCLES, AT AN ANTICIPATED COST OF $475.00
EACH PER MONTH, WITH A TOTAL COST OF $34,200.00,
FOR A TWENTY-FOUR MONTH PERIOD,TO BE PAID FROM
ACCOUNT NUMBER 22-521649; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, motorcycles are used as a traffic enforcement tool and are essential to law
enforcement agencies; and
WHEREAS, the City Commission desires to improve and better equip the Police
Department of the City of Opa-locka; and
WHEREAS, the 2010-2011 Budget included two (2) motorcycles, but it is now desired
to add a third; and
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, authorizes the City
Manager to enter into and execute an agreement with Peterson Harley-Davidson of Miami, LLC,
to lease three (3) FLHP Road King Motorcycles, at an anticipated cost of $475.00 each per
Ordinance No. 11-10
month, with a total cost of$34,200.00, for a twenty-four month period, to be paid from Account
Number 22-521649.
Section 3 All ordinances or Code provisions in conflict herewith are hereby
repealed.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 5. This Ordinance shall, upon adoption, become effective as specified by the
City of Opa-locka Code of Ordinances and the City of Opa-locka Charter.
PASSED AND ADOPTED this 13th day of July, 2011.
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RAT •1 LOR
MA OR
Attest to: Approved as to form and legal sufficiency:
Deborah s. Irby J .h S. e tiller
City Clerk tit Atte ey
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
`
Memorandum
TO: Mayor Myra L.Taylor
Vice Mayor Dorothy Johnson
Commissioner 'timothy Holmes
Commissioner Gail Miller
Commissioner Rose Tydus
FROM: Clarance Patterson,City Manager
DATE: June 9,2011
RE: Execute a Lease Agreement with Peterson's Harley-Davidson of Miami,L.L.C.
to lease three Police Motorcycles
Request APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE AN AGREEMENT WITH
PETERSON' HARLEY-DAVIDSON OF MIAMI, L.L.C. TO LEASE
THREE (3) FLHP ROADKING MOTORCYCLES. THE EXPECTED
COST IS $475.00 EACH FOR A TWENTY FOUR MONTHPERIO[),
TOTALING$34,200.00.
Descrindon: The motorcycles are used as a traffic enforcement tool and are essential to law
enforcement agencies. They are used for conducting radar speed enforcement,
escorts of any type requested, and day to day traffic enforcement.
Financial Impact: This expenditure for two (2) motorcycles was included in 2010-2011
Budget;however the third motorcycle was not.The monies may be taken
from line Item 521649, Operating Expense which as of 05/16/2011
reflects$10,200.00.
Imulementatlon lime Line: Upon Commission approval and signage of the Lease
Agreement,permission to procure the motorcycles will be initiated
and a time line confirmed.
Lezifilatiye History: Sense 2009 the City of Opa-locka has had a two(2)man motorcycle unit.
Recommendation(s): As a result of the Department's continuous efforts to improve and be
better equipped to provide services to the City of Opa-locks it is
recommended that this Agenda Item recei ve favorable support and
approval from the City Commission.
1
Analysis By the City execution of the lease the Department will be better able to
provide services to the citizens of the City of Opa-locks.
Memorandum
City Commission
Re: Police Bicycle Unit
March 11,2011
Page 2 of 2
Attachments: Copy of Lease Proposal
2011 Lease Agreement for Harley-Davidson Police Motorcycles
Prepared by: Clancy Huckleberry
End of Memorandum
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Via Email: dchiverton@olpd.gov
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0 Lease Proposal
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a The City of Opa-Locka's current lease of two(2) Harley-Davidson FLHP motorcycles is
7, scheduled for renewal in April/A:lay,2011.
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Peterson's Harley-Davidson of Miami,L.L.C.proposes to increase your current Beet by
a three(a),making a total of five($)motorcycles.The motorcycles will include all
f equipment,i.e.:lights,box,siren,ABS brakes etc.
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a The lease term is twenty-four(24)months and will be billed monthly as per the pricing
" schedule below.
Solid Color $475.00 per month
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Li The price includes all tires and maintenance with the exception of clutch replacement and
t t J physical damages. The lessee tvill pay for parts only on clutch replacements.
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Ace Armstrong
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Peterson's Harley-Davidson of Miami (North)
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copy
2011 LEASE AGREEMENT FOR
HARLEY-DAVIDSON POLICE MODELS
This agreement made and entered into between PETERSON'S HARLEY-DAVIDSON OF
MIAMI, L.L.C.,designated as the lessor,and City of Opa-Locka, designated as the lessee, made
this rn day of ,2011 for the purpose of leasing to the Lessee(3L.HARLEY-
DAVIDSON Police motorcycles under the following terms and conditions:
1. EQUIPMENT-
2012 HARLEY-DAVIDSON model FLHP ROADKING Police solo motorcycle with the
complete description provided on attached specification sheet
2, AGREEMENT TERM-
The terms of this Agreement shall commence as of the date of delivery of the aforesaid police
motorcycles and thereafter for a period of twenty-four(24)months. At the end of the Agreemeet
Term, the City shall have the option of returning the 2012 models and acquiring 2014 models
under the same equipment items and for the same terms and conditions as set forth herein. If
Lessee decides not to retain the 2012 model motorcycles,they must be returned to Peterson's
Harley-Davidson of T,oyliami,L.L.C. Motorcycles leased under this Agreement are to be used for
police and related actielities: off-duty details,funeral escorts and parades only. Any other use
shall require the prior written consent of Lessor.
3. PAYMENT PERIOD-
Lessee shall pay monthly payments in the amount of$475.00 for each motorcycle. Payments
include the cost of equipment,payment of interest, full maintenance and administrative costs less
the residual value of the motorcycle. Monthly rental, per motorcycle,shall be payable by the
Lessee to Lessor on the 5th day of each month during the term of this lease,
4. LNSURANCE-
At its own expense, the lessee shall carry casualty insurance in the amount of$2,000,000 with
respect to the motorcycle and shall carry Public Liability and Property Damage Insurance
sufficient to protect the actual cash value of the equipment and to protect the Lessor from
Liability in all events. The Lessee shall carry Worker's Compensation covering all its
employees working on,in,or about the motorcycle.
The Lessee shall furnish to the Lessor certificates or other satisfactory evidence of all insurance
coverage described above as required by the terms and conditions of this agreement. The Lessor
shall be named as additional insured and loss payee.
5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES-
Subject to the provisions and monetary limitations of Section 768.28 (5),Florida Statutes, which
limitations shall be applicable regardless of whether such provisions would otherwise apply, and
to the extent permitted by law, the Lessee shall and does hereby indemnify and save the Lessor
harmless from any and all liability arising out of the leasing, renting, operation, control, use,
delivery andlor return of the Motorcycle including, but not limited to injuries causing personal
injury, property damage and/or death, except for damages resulting from a design fault in the
product,but shall be credited with any amounts received by the Lessee with respect the, onn 1
f1.1,50 1,
liability insurance by the Lessee. The indemnification shall include all Snsts and expenses 61-,
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including Attorney's fees incurred by the Lessor in connection with any:suits or actions resulting
from anlyspecial liability: Nothing contained herein is intended nor shall be construed to waive
'st
-st Lesseeii right and immunities under common law and Section 76,8.28, Florida Statutes.
LIENS-
The Lessee shall not directly or indirectly create, incur,assume,or suffer to exist any mortgage,
pledge, lien, charge, and encumbrance or claim on or with respect to the motorcycle, except with
respect to the respective rights of the Lessor as herein provided. Lessee shall promptly,as its
own expense, take such actions as MEV e 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. TAXES AND FEES-
The Lessee shall pay any necessary taxes or fees,including but not limited to Sales and Use Tax,
Excise Tax,Personal Property Tax,assessments,penalties, licenses,fees,registration fees,
freight and transportation charges, permits and any similar charges imposed on the ownership,
possession or use of the Motorcycle during the term of the Agreement. Both parties recognize
that the City of Opa-Locka is tax exempt under Florida Law.
8. CARE AND USE OF EQUIPMENT-
The Lessor agrees to maintain the Motorcycle pursuant to the Manufacturer's Standard
Preventative maintenance Contract and/or recommendation. All repairs shall be made at
PETERSON'S HARLEY-DAVIDSON OF MIAMI,L.L.C., 19400 NW 2ND AVE,MIAMI,
FLORIDA 33169. The Lessee, at its own cost and expense, shall ensure delivery of the
Motorcycle to PETERSON'S HARLEY-DAVIDSON OF MIAMI,L.L.C., 19400 NW 2ND
AVE,MIAMI,FLORIDA 33169, at regular intervals set up by the Lessor in accordance with the
Service Schedule attached hereto as Exhibit 2.
The Lessee shall protect the motorcycle from deterioration other than normal wear and tear,shall
use the Motorcycle for Police related activities only,without abuse,and shall not make
modifications,alternations or additions to the Motorcycle(other than normal operating
accessories or controls)without written consent of the Lessor, which shall not be unreasonably
withheld.
The Lessor, shall have the right,during regular business hours to enter upon the premises where
the Motorcycle is located in order to inspect, observe or otherwise protect the Lessor's interest
and the Lessee shall afford them the opportunity to do so.
3
9. DAMAGE OR DETERIORATION OF MOTORCYCLES-
In the event the Motorcycle is partially damaged or destroyed due to the actions of the Lessee or
its employees prior to the end of this agreement, the Lessee will promptly have the Motorcycle
repaired and restored to its original condition and working order. Any damage done to lease
motorcycles during the officers training will be repaired as soon as the training is completed at
Lessee's expense. This includes damage done to engine,transmission,brakes and not just the
paint and body parts. All repairs must be done at the Lessor's repair facility. In case of theft or
total loss of the Motorcycle, the replacement value of the Motorcycle shall be$23,000.00 minus
2%for each month the agreement is in effect.
10. SELECTION OR RIDER-
The Lessor reserves the right to reject any rider of his Motorcycle so as to be assured that proper
handling and care is exercised.
11. RIDER RESPONSIBILITY AND PRIVILEGES-
The rider will be responsible for keeping the motorcycle clean and is required to report any
defects or abnormalities. The rider shall be allowed to use the motorcycle to go back and forth to
work provided that it is fully insured at all times by the lessee and the distance is no more than
thirty(30)miles each way.
12. EVENTS OF DEFAULT AND REMEDIES-
Lessee shall be deemed to be in default hereunder upon the happening of any of the following
events of default
A. Lessee shall fail to make any periodic payment, or to pay any other payments required
to be paid hereunder, or
B. Lessee shall fail to keep any such other term,covenant or condition contained herein.
Upon the occurrence of an event of default as specified above,and upon the failure of Lessee to
remedy such event of default with all reasonable dispatch within a period of thirty(30)days,
4
Lessor or its assigns shall have the right, at its option without any demand or notice, to pursue
any of the following remedies:
1) by written notice to Lessee,declare an amount equal to all payments due during the
agreement term to be immediately due and payable as liquidated damages and not as a
penalty, whereupon the same shall become immediately due and payable.
2) re-enter and take possession of the equipment, enforce this agreement or terminate the
agreement, and repossess the equipment and sell or lease the equipment for the account of the
Lessee,holding Lessee liable for all payments up to the effective date of such leasing or selling
and for the difference in the purchase price,rental and other amounts paid by the Lessee or
purchaser pursuant to such lease or sale and the amounts payable by Lessee hereunder,and
3) any action at law or in equity as may appear necessary to collect the payments then
due and thereafter to become due, or to enforce performance and observance of any obligation,
agreement or covenant of Lessee under this agreement upon failure to comply with any term,
covenant or condition contained herein.
13. MAINTENANCE AND EQUIPMENT-
Lessor shall provide full maintenance and tires for the motorcycle at no cost to the Lessee.
Physical damages and clutch replacement are the exception. The lessee will pay for parts only
on all clutch replacements/repairs. Lessor shall not supply Lessee with gasoline or radios. All
maintenance shall be done at PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C., 19400
NW 2ND AVE,MIAMI,FLORIDA 33169.
14. SUBLEASE OR ASSIGNMENT-
Neither the Lessor,nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may
effect the subleasing of the motorcycle.
5
15. TERMINATION-
This agreement may be terminated by either party for any cause,upon thirty(30)days written
notice by the terminating party. Lessor shall be entitled to lease payments due or incurred to the
date of such termination.
16. ENTIRE AGREEMENT;AMENDMENTS-
This Agreement constitutes the entire agreement between Lessor and the Lessee, and all
negotiations and oral understandings are merged herein. No modification, amendment or
alteration in the terms or conditions of this Agreement shall be effective unless contained in a
written document executed with the same formality as this Agreement and signed by each Party.
17. CONSENT TO JURISDICTION-
The Parties submit to the jurisdiction of any Florida state or federal court in any action or
proceeding arising out of, or relating to, this Agreement. Venue of any action to enforce this
Agreement shall be in Miami-Dade County, Florida.
18. GOVERNING LAW-
This Agreement shall be construed in accordance with,and governed by, the laws of the State of
Florida.
19. HEADINGS-
Headings are for convenience of reference only and shall not be considered in any interpretation
of this Agreement.
6
20. SEVERABErry-
If any provision of this Agreement or the application thereof to any person or situation shall to
any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall have
been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
and effect,and be enforced to the fullest extent permitted by law.
21. WAIVER-
The waiver by either Party of any failure on the part of the other Party to perform in accordance
with any of the terms or conditions of this Agreement shall not be construed as a waiver of any
future or continuing similar or dissimilar failure.
2.2. COSTS AND ATTORNEY'S FEES-
If either Lessor or Lessee is required to enforce the terms of this Agreement by court proceedings
cr otherwise, whether or not formal legal action is required, the prevailing Party shall be entitled
to recover from the other Party all suchcosts and expenses, including but not limited to costs cod
reasonable attorney's fees, re6=i0)161))1
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7
2011 LEASE AGREEMENT FOR
HARLEY-DAVIDSON POLICE MODELS
PETERSON'S HARELY-DAVIDSON OF MIAMI, LLC
MIAMI'S ONLY AUTHORIZED HARLEY-DAVIDSON DEALERS
In witness whereof, the parties hereto have caused this agreement to be executed as of
this iCI TH day of SE PTE 1-1 tIPR- 2011.
CITY OF OPA-LOCKA:
Attest:
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Deborah S, Irhy ,.. c--p ' '
rya K. Filmic.
City Clerk - Interim City Manager
Approved as to form and legal sufficiency:
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City
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PETERSON'S HARLEY-DA14DSON OF MIAMI, L.F.C:
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1---et2;•rs.:r: Harle;r-Da;ijon of T%11,--1--' LL.C.'
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The City of Opa-locka
. , POLICE DEPARTMENT
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Committed to professionalism and community partnership 412-6a.i.".q.-
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City grab"
2495 All Baba Avenue 780 Fisherman Street
Opa-Locka,FL 33054 Suite 335
Voice:305-681-1033 Opa-Locka.FL 33054
Fax:305-953-3417 305-638-4611
Reference Ordinance No 11-10
Dated July 14, 2011
Listed below are the Vehicle Identification Numbers for the
three (3) recently leased FLHP Road King motorcycles:
1 1HD1FHM13CB614505
2 1HD1FHM1XCB614789
3 1HD1FHM14CB614836
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"Serving and Protecting YOU!"
{
2009-2011 Motorcycle Lease
Renewal Agreement
Opa-locka Resolution No. 09-7422
Sponsored by: City Manager COpv
RESOLUTION NO. 0 9—7 4 2 2
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AND EXECUTE A
LEASE AGREEMENT WITH PETERSON'S HARLEY-
DAVIDSON OF MIAMI FOR LEASING OF TWO (2) FLHP
POLICE MOTORCYCLES FOR A PERIOD OF TWENTY
FOUR (24) MONTHS AT A TOTAL COST OF TWENTY
THOUSAND FOUR HUNDRED DOLLARS ($20,400.00),
PAYABLE FROM ACCOUNT NO. 21-521649
WHEREAS, the City of Opa-locka ("City") Police Department is committed to serving
City residents through delivery of efficient and effective services; and
WHEREAS, police motorcycles are deemed to be an essential traffic enforcement tool
used for conducting radar speed enforcement, traffic escorts, and day to day traffic enforcement;
and
WHEREAS, the City's Police Department is in need of motorcycles to perform essential
traffic duties; and
WHEREAS, the City Manager is requesting that the City lease two (2) motorcycles for
the Police Department from Peterson's Harley-Davidson of Miami for a period of twenty four
(24)months; and
WHEREAS, pursuant to the lease terms, the City agrees to make monthly payments of
Eight Hundred Fifty Dollars ($850.00) for a period of twenty four (24) months, with such
payments totaling Twenty Thousand Four Hundred Dollars ($20,400.00); and
WHEREAS,the City Commission of the City of Opa-locka authorizes the City Manager
to lease motorcycles for the City's Police Department.
I.
Resolution No. 0 9—7 4 2 2
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to enter into and execute a lease agreement for two (2) FLHP motorcycles for the Opa-
locka Police Department from Peterson's Harley-Davidson of Miami, for a period of twenty four
(24) months, at Eight Hundred and Fifty Dollars ($850.00) per month, in the total amount of
Twenty Thousand Four Hundred Dollars ($20,400.00), in substantially the form attached hereto
and as approved by the City Attorney, payable from Account No. 21-521649.
Section 3. The City Manager is hereby authorized to take all necessary and expedient
action to effectuate the intent of this resolution.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 11 day of FEBRUARY , 2009.
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MAYOR
Attest: Approved as to form and legal sufficiency:
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•eborah . , . Burnadette Norris-Weeks
City Cle City Attorney
CERTIFICATE OF COVERAGE
Certificate Holder&Loss Payee Administrator Issue Date 03/12/09
PETERSON'S HARLEY-DAVIDSON OF MIAMI LLC Florida League of Cities,Inc.
19400 NW 2N0 AVENUE Public Risk Services
MIAMI FL 33169 P.O.Box 530065
Orlando,Florida 32853-0065
COVERAGES
THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE COVERAGE AFFORDED BY THE
AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT.
COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUMBER: FMIT 0435 COVERAGE PERIOD:FROM 10/1/08 COVERAGE PERIOD:TO 10/1/09 12:01 AM STANDARD TIME
TYPE OF COVERAGE-LIABILITY TYPE OF COVERAGE-PROPERTY
General Liability ❑ Buildings ❑ Miscellaneous
❑ Comprehensive General Liability,Bodily Injury,Property Damage and ❑ Basic Fonn ❑ Inland Marine
Personal Injury ❑ Special Form ❑ Electronic Data Processing
❑ Errors and Omissions Liability ❑ Personal Property ❑ Bond
❑ Supplemental Employment Practice ❑ Basic Form ❑
❑ Employee Benefits Program Administration Liability ❑ Special Form
❑ Medical Attendants'/Medical Directors'Malpractice Liability ❑ Agreed Amount
❑ Broad Form Property Damage ❑ Deductible N/A
❑ Law Enforcement Liability ❑ Coinsurance N/A
❑ Underground,Explosion&Collapse Hazard ❑Blanket
❑Specific
Limits of Liability ❑ Replacement Cost
•Combined Single Limit
❑Actual Cash Value
Deductible N/A
Automobile Liability Limits of Liability on File with Administrator
• Al owned Autos(Private Passenger)
TYPE OF COVERAGE-WORKERS'COMPENSATION
® AI owned Autos(Other than Private Passenger)
® Hired Autos ®Statutory Workers'Compensation
® Non-Owned Autos ® Employers Liability $1,000,000 Each Accident
$1,000,000 By Disease
Limits Liability $1,000,000 Aggregate By Disease
•Combined Single Limit ❑ Deductible N/A
Deductible Stopkus$25,000 ❑
Automobile/Equipmerrt—Deductible
IS Physical Damage Per Schedule-Comprehensive-Auto Per Schedule-Collision-Auto N/A-Miscellaneous Equipment
Other
The limit of liability is$100,000 Bodily Injury and/or Property Damage per person or$200,000 Bodily Injury and/or Property Damage per occurrence.These
specific limits of liability are increased to$1,000,000(combined single limit)per occurrence,solely for any liability resulting from entry of a claims bill pursuant to
Section 768.28(5)Florida Statutes or lability imposed pursuant to Federal Law or actions outside the State of Florida.
Description of Operations/Locations/Vehicles/Special Items
RE: (2)Leased Motorcycles-2008 Harley Davidson Motorcycle,VIN 6830:2008 Harley Davidson Motorcycle.VIN 6790.
TMS CERTIRCATE a ISSUED AS A MATTER OP MFORIUMON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER TIN CERTWICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE
DESIGNATED MEMBER CANCELLATIONS
SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE,BUT FAILURE TO MAIL SUCH
CITY OF OPA-LOCKA NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE PROGRAM,ITS
780 FISHERMAN STREET,4th FLOOR AGENTS OR REPRESENTATIVES.
OPA-LOCKA FL 33054
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AUTHORIZED REPRESENTATIVE
FMIT-CERT(10/861
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2009 LEASE AGREEMENT FOR
HARLEY-DAVIDSON POLICE MODELS
This agreement made and entered into between PETERSON'S HARLEY-DAVIDSON OF
MIAMI, L.L.C., designated as the lessor, and the City of Opa-Locka, designated as the lessee.
made this 2.1 day of Marc.►-, , 2009 for the purpose of leasing to the Lessee (2) two
= HARLEY-DAVIDSON Police motorcycle under the following terms and conditions:
L0 1. EQUIPMENT-
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LL 2008 HARLEY-DAVIDSON model FLHP-I ROADKING Police solo motorcycle with the
complete description provided on attached specification sheet.
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N 2. AGREEMENT TERM-
The terms of this Agreement shall commence as of the date of delivery of the aforesaid police
motorcycles and thereafter for a period of twenty-four(24) months. At the end of the Agreement
Term, the City shall have the option of returning the 2008 models and acquiring 2010/2011
Li models under the same equipment items and for the same terms and conditions as set forth
herein. If Lessee decides not to retain the 2008 model motorcycles. they must be returned to
Peterson's Harley-Davidson of Miami. L.L.C. Motorcycles leased under this Agreement are to
be used for police and related activities: off-duty details, funeral escorts and parades only. Any
other use shall require the prior written consent of Lessor.
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3. PAYMENT PERIOD-
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° Lessee shall pay monthly payments in the amount of$425.00 for each motorcycle. Payments
include the cost of equipment. payment of interest. full maintenance and administrative costs less
the residual value of the motorcycle. Monthly rental. per motorcycle. shall be payable by the
= Lessee to Lessor on the 5th day of each month during the term of this lease.
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4. INSURANCE-
; At its own expense,the lessee shall carry casualty insurance in the amount of MOOROf with
respect to the motorcycle and shall carry Public Liability and Property Damage Insurance
sufficient to protect the actual cash value of the equipment and to protect the Lessor from
Liability in all events. The Lessee shall carry Worker's Compensation covering all its
demployees working on, in, or about the motorcycle.
The Lessee shall furnish to the Lessor certificates or other satisfactory evidence of all insurance
m coverage described above as required by the terms and conditions of this agreement. The Lessor
shall be named as additional insured and loss payee.
5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES-
The Lessee shall and does hereby indemnify and save the Lessor harmless from any and all
liability arising out of the leasing, renting, operation. control, use, delivery and/or return of the
a motorcycle including, but not limited to injuries causing personal injury, property damage and/or
death, except for damages resulting from a design fault in the product, but shall he credited with
o any amounts received by the Lessee with respect thereto from liability insurance by the Lessee.
°c That indemnification shall include all costs and expenses including Attorney's fees incurred by
the Lessor in connection with any suits or actions resulting from any special liability.
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6. LIENS-
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The Lessee shall not directly or indirectly create, incur, assume, or suffer to exist any mortgage.
o pledge, lien. charge. and encumbrance or claim on or with respect to the motorcycle, except with
respect to the respective rights of the Lessor as herein provided. Lessee shall promptly, as its
a 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
rg due to the Lessee's action or inaction.
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7. TAXES AND FEES-
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The Lessee shall pay any necessary taxes or fees, including but not limited to Sales and Use Tax,
Excise Tax, Personal Property Tax, assessments, penalties, licenses, fees, registration fees,
ofreight and transportation charges, permits and any similar charges imposed on the ownership.
possession or use of the Motorcycle during the term of the Agreement. Both parties recognize
= that the City of Opa-Locka is Tax exempt under Florida Law.
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2 8. CARE AND USE OF EQUIPMENT-
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L. The Lessor agrees to maintain the Motorcycle pursuant to the Manufacturer's Standard
f Preventative maintenance Contract and/or recommendation. All repairs shall be made at
PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND AVE, MIAMI.
w FLORIDA 33169. The Lessee, at its own cost and expense, shall ensure delivery of the
Motorcycle to PETERSON'S HARLEY-DAVIDSON OF MIAMI. L.L.C.. 19400 NW 2ND
AVE. MIAMI FLORIDA 33169. at regular intervals set up by the Lessor in accordance with the
" Service Schedule attached hereto as Exhibit 2.
cThe Lessee shall protect the motorcycle from deterioration other than normal wear and tear, shall
use the Motorcycle for Police related activities only. without abuse, and shall not make
modifications, alternations or additions to the Motorcycle (other than normal operating
accessories or controls) without written consent of the Lessor, which shall not be unreasonable
J withheld.
1
The Lessor. shall have the right. during regular business hours to enter upon the premises where
the Motorcycle is located in order to inspect, observe or otherwise protect the Lessor's interest
0 and the Lessee shall afford them the opportunity to do so.
O 9. DAMAGE OR DETERIORATION OF MOTORCYCLES-
;
o In the event the Motorcycle is partially damaged or destroyed due to the actions of the Lessee or
its employees prior to the end of this agreement, the Lessee will promptly have the Motorcycle
repaired and restored to its original condition and working order. Any damage done to lease
= motorcycles during the officers training will be repaired as soon as the training is completed at
zLessee's expense. This includes damage done to engine. transmission, clutch, brakes and not
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2) re-enter and take possession of the equipment, enforce this agreement or terminate the
agreement, and repossess the equipment and sell or lease the equipment for the account of the
Lessee, holding Lessee liable for all payments up to the effective date of such leasing or selling
►� and for the difference in the purchase price, rental and other amounts paid by the Lessee or
purchaser pursuant to such lease or sale and the amounts payable by Lessee hereunder. and
a3) any action at law or in equity as may appear necessary to collect the payments then
due and thereafter to become due, or to enforce performance and observance of any obligation,
agreement or covenant of Lessee under this agreement upon failure to comply with any term.
covenant or condition contained herein.
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f l3. MAINTENANCE AND EQUIPMENT-
Lessor shall provide full maintenance of the motorcycle at no cost to the Lessee. Lessor shall not
supply Lessee with gasoline. tires, radios and clutches worn due to training. All maintenance
Z shall be done at PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C.. 19400 NW 2ND
N AVE. MIAMI. FLORIDA 33169.
14. SUBLEASE OR ASSIGNMENT-
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Neither the Lessor. nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may
effect the subleasing of the motorcycle.
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15. TERMINATION-
This agreement may be terminated by either party for any cause. upon thirty (30) days written
notice by the terminating party. Lessor shall be entitled to lease payments due or incurred to the
' date of such termination.
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2009 LEASE AGREEMENT FOR
HARLEY-DAVIDSON POLICE MODELS
PETERSON'S HARELY-DAVIDSON OF MIAMI, LLC
MIAMI'S ONLY AUTHORIZED HARLEY-DAVIDSON DEALERS
In witness whereof, the parties hereto have caused this agreement to be executed as of
this 2.144, day of Marche 2009.
CITY OF OPA-LOCKA:
Attest:
ALII■
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•-.orah S. r•y innie
City Clerk w%r'Brim City Manager
Approved as to form and legal sufficiency:
Burnadette-Norris-Weeks, P.A.
City Attorney
PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C:
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Peterson's Harley-Davidson of Miami, L.L.C.
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o In witness whereof,the parties hereto have caused this agreement to be executed as of this
oo day of , 2009.
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PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C.
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2006-2009 Motorcycle Lease
Renewal Agreement
Opa-locka Resolution No. 06-6884
Sponsored by: City Manager
Resolution No. 0 6-6 8 8 4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY
MANAGER TO ENTER INTO AND EXECUTE A TWENTY-
FOUR MONTH (24) LEASE AGREEMENT WITH PETERSON'S
HARLEY-DAVIDSON OF MIAMI, L.C. FOR TWO (2) FLHPI
MOTORCYCLES AT A COST OF SIXTEEN THOUSND,THREE
HUNDRED TWENTY DOLLARS($16,320.00),PAYABLE FROM
ACCOUNT NO. 22-521649; FURTHER AUTHORIZING THE
RECEIPT OF SIX THOUSAND THREE DOLLARS ($6,300.00)
FROM PETERSON'S HARLEY-DAVIDSON OF MIAMI INC,L.C.
FOR FIVE(5)CITY INOPERABLE POLICE MOTORCYCLES TO
BE APPLIED TOWARD THE OFF-SET OF THE FIRST YEAR'S
LEASING COSTS OF THE TWO (2) NEW FLHPI
MOTORCYCLES
WHEREAS, the Police Department has five (5) inoperable police motorcycles which
prohibit the Department from conducting specific types of traffic control and enforcements,patrols
and escort functions that police motorcycle units are uniquely designed for; and
WHEREAS, in a continuing effort to restructure and improve the level and quality of police
services provided to citizens, businesses and visitors, it is necessary for the Department to acquire
the equipment and technology to support police operations; and
WHEREAS, Peterson's Harley-Davidson of Miami, L.C. will allow a six thousand three
hundred dollar($6,300.00) off-set for the trade of five(5)inoperable police motorcycles in the Police
Department's fleet.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 06-6884
Section 2. The City Manager is hereby authorized to enter into and execute a twenty-four
month (24) lease agreement with Peterson's Harley-Davidson of Miami, L.C. for two (2) FLHPI
motorcycles at a cost of sixteen thousand, three hundred twenty dollars ($16,320.00), payable from
Account No. 22-521649.
Section 3. The City Commission further authorizes the receipt of six thousand three
hundred dollars ($6,300.00) from Peterson's Harley-Davidson, L.C. for five (5) city inoperable
police motorcycles to be applied toward the off-set of the first year's leasing costs of the two (2) new
FLI-IPI motorcycles.
PASSED AND ADOPTED this 26 day of APRIL 2006.
VICE MAYOR
t to: , Approved as to form and legal sufficiency:
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Resolution No. 06-6884
Moved by: COMMISSIONER HOLMES
Second by: COMMISSIONER JOHNSON
Commission Vote: 3-0
Commissioner Tydus: NOT PRESENT
Commissioner Holmes: YES
Commissioner Johnson: YES
Vice-Mayor Pinder: YES
Mayor Kelley: NOT PRESENT
Resolution/-Leasing Agreement with Peterson's Harley-Davidson of Miami-04-06
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2006 LEASE AGREEMENT FOR
HARLEY-DAVIDSON POLICE MODELS
This agreement made and entered into between P ON'S HARLEY-DAVIDSON OF
MIAMI,L.C.,designated as the lessor,and Cr*° •gaited as the lessee,made this o2
v `day of,,, for the purpose of leasing to the Lessee(j)�HARLEY-DAVIDSON Police
motorcycle • - the following terms and conditions:
1. EQUIPMENT-
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2006 HARLEY-DAVIDSON model FLHP-I ROADKING Police solo motorcycle with the
complete description provided on attached specification sheet_
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2. AGREEMENT TERM
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The terms of this Agreement shall commence as of the date of delivery of the aforesaid police
motorcycles and thereafter for a period of twenty-four(24)months. At the end of the Agreement
Term,the City shall have the option of returning the_2006 models and acquiring 2008
models under the same equipment items and for the same terms and conditions as set forth
herein. If Lessee decides not to retain the 2006 model motorcycles,they must be returned to
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Petersons Harley-Davidson of Miami,L.C. Motorcycles ii ey , leaned under this Agreement are to be
used for police and related activities:off-duty details, funeral escorts and parades only. Any
0 other use shall require the prior written consent of Lessor_
g 3. PAYMENT PERIOD-
o Lessee shall y Payments
pay monthly payments in the amount of X325.00 for each motorcycle. Pa
include the cost of equipment payment of interest,full maintenance and administrative costs less
4 the residual value of the motorcycle. Monthly rental,per motorcycle,shall be payable by the
Lessee to Lessor on the 5th day of each month during the tear of this lease.
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4. INSURANCE-
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At its own expense,the lessee shall carry casualty insurance in the amount of$2,000,000 with
! respect to the motorcycle and shall carry Public Liability and Property Damage Insurance
• sufficient to protect the actual cash value of the equipment and to protect the Lessor from
o Liability in all events. The Lessee shall carry Worker's Compensation covering all its
n employees working on,in,or about the motorcycle.
The Lessee shall furnish to the Lessor certificates or other satisfactory evidence of all insurance
coverage described above as required by the terms and conditions of this agreement. The Lessor
shall be named as additional insured and loss payee,
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5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES-
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The Lessee shall and does hereby indemnify and save the Lessor harmless from any and all
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liability arising out of the leasing, renting,operation,control,use.,delivery and/or return of the
motorcycle including,but not limited to injuries causing personal injury,property damage and/or
death,except for damages resulting from a design fault in the product,but shall be credited with
any amounts received by the Lessee with respect thereto from liability insurance by the Lessee.
That indemnification shall include all costs and expenses including Attorney's fees incurred by
• the Lessor in connection with any suits or actions resulting from any special liability.
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s 6. LIENS-
The Lessee shall not directly or indirectly create,incur,assume,or suffer to exist any mortgage,
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o pledge,lien,charge,encumbrance or claim on or with respect to the motorcycle,except with
• respect to the respective rights of the Lessor as herein provided. Lessee shall promptly,as its
} own expense,take such actions as may be necessary to duly discharge any suck mortgage,
pledge,lien,charge,encumbrance or claim not excepted above if the same shall arise at any time
a due to the Lessee's action or inaction.
a 7. TAXES AND FEES-
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`' The Lessee shall pay any necessary taxes or fees,including but not limited to Sales and Use Tax,
Excise Tax,Personal Property Tax,assessments,penalties,licenses,fees,registration fees,
f freight and transportation charges,permits and any similar charges imposed on the ownership,
• possession or use of the Motorcycle during the term of the Agreement. Both parties recognize
that the C % is Tax exempt under Florida Law.
S. CARE AND USE OF EQUIPMtiNT-
• The Lessor agrees to maintain the Motorcycle pursuant to the Manufacturer's Standard
Preventative maintenance Contract and/or recommendation. All repairs shall be made at
6.
PETERSON'S HARLEY-DAVIDSON OF MIAMI,L.C., 19400 NW 2ND AVE,MIAMI,
FLORIDA 33169. The Lessee,at its own cost and expense,shall ensure delivery of the
4 Motorcycle to PETERSON'S HARLEY-DAVIDSON OF MIAMI; L.C., 19400 NW 2ND AVE,
aE MIAMI,FLORIDA 33169,at regular intervals set up by the Lessor in accordance with the
Service Schedule attached hereto as Exhibit 2.
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"' The Lessee shall protect the motorcycle from deterioration other than normal wear and tear, shall
use the Motorcycle for Police related activities only,without abuse,and shall not make
modifications, alternations or additions to the Motorcycle(other than normal operating
• accessories or controls)without written consent of the Lessor,which shall not be unreasonably
withheld.
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The Lessor,shall have the right,during regular business hours to enter upon the premises where
i the Motorcycle is located in order to inspect,observe or otherwise protect the Lessor's interest
and the Lessee shall afford them the opportunity to do so.
9. DAMAGE OR DETERIORATION OF MOTORCYCLES-
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o a In the event the Motorcycle is partially damaged or destroyed due to the actions of the',Cate or
its employees prior to the end of this agreement,the Lessee will promptly have the Motorcycle
w repaired and restored to its original condition and working�B order. Any damage done to lease
a motorcycles during the officers training will be repaired as soon as the training is completed at
, Lessee's expense. This includes
w f damage done to engine,transmission,clutch,brakes and not
just the paint and body parts. All repairs must be done at the Lessor's repair facility. In case of
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i theft or total loss of the Motorcycle,the replacement value of the Motorcycle shall be$19,400.00
minus 2%for each month the agreement is in effect.
;, 10. SELECTION OR RIDER-
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o The Lessor reserves the right to reject any rider of his Motorcycle so as to be assured that proper
handling and care is exercised
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r 11. RIDER RESPONSIBILITY AND PRIVILEGES-
The rider will be responsible for keeping the motorcycle clean and is required to report any
defects or abnormalities. The rider shall be allowed to use the motorcycle to go back and forth to
work provided that it is fully insured at all times by the lessee and the distance is no more than
thirty(30)miles each way.
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0 12. EVENTS OF DEFAULT AM)REMEDIES-
Lessee shall be deemed to be in default hereunder upon the happening of any of the following
events of default
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A. Lessee shall fail to make any periodic payment,or to pay any other payments required
ti to be paid hereunder,or
B. Lessee shall fail to keep any such other term,covenant or condition contained herein.
Upon the occurrence of an event of default as specified above,and upon the failure of Lessee to
a remedy such event of default with all reasonable dispatch within a period of thirty(30)days,
• I essor or its assigns shall have the right, at its option without any demand or notice,to pursue
any of the following remedies:
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1) by written notice to Lessee,declare an amount equal to all payments due during the
agreement term to be immediately due and payable as liquidated damages and not as a
• penalty,whereupon the same shall become immediately due and payable.
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2) re-enter and take possession of the equipment, enforce this agreement or terminate the
agreement,and repossess the equipment and sell or lease the equipment for the account of the
Lessee,holding Lessee liable for all payments up to the effective date of such leasing or selling
and for the difference in the purchase price,rental and other amounts paid by the Lessee or
• purchaser pursuant to such lease or sale and the amounts payable by Lessee hereunder,and
a
a 3) any action at law or in equity as may appear necessary to collect the payments then
= due and thereafter to become due,or to enforce performance and observance of any obligation,
agreement or covenant of Lessee under this agreement upon failure to comply with any term,
• covenant or condition contained herein.
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13. MAINTENANCE AND EQUIPMENT-
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Lessor shall provide full maintenance of the motorcycle I� id fl at m cost to the Lessee. Lessor shall not
supply Lessee with gasoline. All maintenance shall be done at PETERSON'S IIARLEY-
• DAVIDSON OF MIAMI,L.C., 19400 NW 2ND AVE,MIAMI, FLORIDA 33169.
14_ SUBLEASE OR ASSIGNMENT-
Neither ao° the Lessor,nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may
•
effect the subleasing of the motorcycle.
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• 15. TERMINATION-
0 This agreement may be terminated by either party for any cause,upon thirty(30) days written
•
notice by the terminating patty. Lessor shall be entitled to lease payments due or incurred to the
date of such termination.
Um wi whereof,the parties hereto have caused this agreement to be executed as of this T
T day ofaty 2006.
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TY MANAGER
ATTEST-
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APPROVED AS TO FORM APPROVED AS TO FORM
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PETERSON'S HARLEY-DAVIDSON OF MIAMI,L.C. TY ` �
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MIAMI ' S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N DEAL . :