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HomeMy WebLinkAboutSilver Eagle Harley-Davidson/Buell-2/7/20111 of 3 SILVER EAGLE HARLEY-DAVIDSONBUELL FLHPI LEASE This agreement made and entered into between Silver Eagle Harley-Davidson/Buell, designated as the lessor, and the City of Waterloo, Iowa, designated as the lessee, made this 1st day of April in the year 2011 , for the purpose of leasing to the lessee two (2) Harley-Davidson Police Motorcycles under the following terms and conditions: 1. EQUIPMENT. 2010 Harley-Davidson Police motorcycle, model FLHP with windshield, tour pack, and saddlebags. VIN# 1HD1FHM13AB647551. 2010 Harley-Davidson Police motorcycle, model FLHP with windshield, tour pack, and saddle bags. VIN# 1HD1FHM10AB648141. 2. AGREEMENT TERMS. This shall be effective as of the date of execution through December 31, 2011. This twelve (12) month lease is turnable after nine (9) months. The-motorcycle(s) leased under this agreement is to be used for police and related activities only. The twelve (12) months of the lease the lessee is responsible for maintenance listed in section 3, and the insurance requirement in section 4. The twelve (12) months of the lease, the lessee is required to pay an amount of $125.00 per month/per bike for twelve (12) months/per bike or $1500.00/per bike for the year along with maintenance in section 3, and the insurance requirement in section 4. This lease provides for the installation of law enforcement equipment. 3. MAINTENANCE. Lessee shall pay for services provided to the motorcycle(s) for normal wear & tear items (i.e.: brakes, tires, etc.). Lessee shall be billed the usual and customary service costs of the lessor in connection, with the services provided. Payment will be for services on the motorcycle(s), not for the motorcycle(s) themselves. 4. INSURANCE. At their own expense, the lessee shall carry automobile liability insurance with a minimum combine single limit of $1,000,000 with respect to the motorcycle(s), and shall cavy public liability and property damage insurance sufficient to protect the lessor from liability in all events. The lessee shall carry workers compensation insurance covering all of it s employees working on, in or about the motorcycle(s). A certificate of insurance evidencing said coverage and listing the Silver Eagle Harley-DavidsonBuell, as additional name insured shall be issued to the lessee. j 2 of 3 The lessee shall furnish to the lessor certificates or other satisfactory evidences of all insurance coverage described above as required terms and conditions of this agreement. The lessee shall carry comprehensive general liability insurance including general liability exposure coverage with a minimum combined single limit of $1,000,000. A certificate of insurance evidencing such coverage and listing the Silver Eagle Harley- Davidson/Buell as an additional name insured shall be issued to the lessee. 5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES. The lessee agrees to protect, defend, indemnify and hold harmless the lessor from and to the extent permitted by law, against any losses, penalties, damages, settlements, costs, charges or other expenses or liabilities of any kind in connection with the leasing of the motorcycle(s) as described in this document, except that the lessee shall not be liable for the negligence of the lessor that might arise out of the maintenance of the described motorcycle(s), or such losses that may arise while the motorcycle(s) are under the care, custody or control of the lessor. 6. CARE AND USE OF EQUIPMENT. The lessor agrees to maintain the motorcycle(s) pursuant to the manufacturer's standard preventive maintenance contract and/or recommendations. All repairs and maintenance shall be made at Silver Eagle Harley-Davidson/Buell, 4022 Sergeant Road, Waterloo, Iowa 50701. The lessees, at their own expense, shall ensure delivery of the motorcycle(s) to Silver Eagle Harley-Davidson/Buell, 4022 Sergeant Road, Waterloo, Iowa 50701, for every service starting at 1000 mile, 2500 mile, and 5000 mile for regular maintenance at the lessee's expense. The maintenance fee is done at the normal shop rate. The lessee shall protect the motorcycle(s) from deterioration other than normal wear and tear, the lessee shall use the motorcycle(s) for police related activities only, without abuse, and shall not make repairs, modifications, alterations or additions to the motorcycle(s) without written consent of the lessor. The lessor shall have the right, after first notifying lessee and during regular business hours, to enter upon the premises where the motorcycle(s) are located in order to inspect, observe or otherwise protect the lessor's interest, and the lessee shall afford them the reasonable opportunity to do so. 7. DAMAGE OR DETERIORATION OF THE MOTORCYCLE. In the event the motorcycle(s) are partially damaged or destroyed prior to the end of the term of this agreement, the lessee will promptly have the motorcycle(s) repaired and restored to its original condition and working order at their expense. 3 of 3 In the case of theft or total loss of the motorcycle the replacement value of the motorcycle shall be $15,500.00. 8. RIDER RESPONSIBILITIES. There shall be one or more rider for the motorcycle(s), and that rider shall be responsible for keeping the motorcycle(s) clean and for reporting any repairs needed to the lessor. 9. EVENTS OF DEFAULT AND REMEDIES Lessee shall be deemed to be in default under this agreement upon the happening of any of the following events of default. A. Lessee fails to comply with any term, covenant or condition contained herein. Upon the occurrence of any event of default as specified above, should lessee fail to remedy such event of default with all reasonable dispatch within a period of thirty (30) days, lessor shall have the right, after written notice to the lessee, to pursue any of the following remedies. 1. Repossession of the motorcycle(s), including the right to sell or lease the motorcycle(s) for the account of the lessee. The lessor shall be deemed to be in default under this agreement upon failure to comply with any term, covenant or condition contained herein. LESSEE: Printed Name: eie> d O/�fr e-<- Title: LESSOR: Silver Eagle Harpy-DavidsonBuell By: d' Anthony Lumetta, Owner itii9ifebr CERTIFICATE OF LIABILITY INSURANCE OP ID JD DATE(MMIDDIYWY) 02/07/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holier Is an ADDITIONAL INSURED, the pollcyQes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PDCM Insurance P.O. Box 2597 Waterloo TA 50704 Phone:319-234-8888 Fax:319-234-7702 NAS t. PHONE i -Ax iTa Ext: (AJC, No): ADDRESS: PROCi DsrOMERw : WTCIT-1 INSURER(S7AFFORDING COVERAGE MAIC# INSURED City of Waterloo 715 Mulberry Waterloo IA 50703 INSURER A: Travelers UABLTTY OCCUR INSURERS: INSURERC: INSURER D : INSURER E : $ RISURER F : $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUDL INSR :aU N WVD POLICY NUMBER NULCY bFF (MMIDD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL _ UABLTTY OCCUR EACH OCCURRENCE $ UAMAtit TU HYS! I tU PREMISES (Ea occurrence) $ CLAIMS -MADE MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT. AGGREGATE LIMIT APPLIES PER: 7 POLICY JEC n LOC PRODUCTS - COMP/OP AGE $ $ A AUTOMOBILE X UABRITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X GP06301409 o7/01/10 07/01/1 COMBINED SINGLE LIMIT LY $1,000,000 BODILY (Per person) BODILY INJURY $ BODILY INJURY (Per =Went) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA UAB EXCESS UAB — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ — DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS UABIUTY Y / N ANY PROPRIETOR/PARTNER/EX 0 nCEERo//MMEM REXCLUDEIYt in NH) I1 yes,describe under DESRIPTION OF OPERATIONS below NIA WC STATU- OT�I- TORY LIMITS ER E.L EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD tat, Additional Remarks Srre space M uiredL) 2010 Harley-Davidson Policy Motorcyle Model FLHP 1HD1FHM13AB647551 2010 harley-Davidson Police Motorcyle Model FLMP 1HD1FHM10AH648141 CERTIFICATE HOLDER CANCELLATION SILV004 Silver Eagle Harley-Davidson/ Buell 4022 Sergeant Road waterloo IA 50701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD RD R/(TfON reserved.