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Home My WebLink AboutSilver Eagle Harley-Davidson-Lease Agreement-04.27.2009 1 of3 �✓ SILVER EAGLE HARLEY-DAVIDSON/BUELL 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 2009, for the purpose of leasing to the lessee two (2) Harley-Davidson Police Motorcycles under the following terms and conditions: 1. EQUIPMENT. 2006 Harley-Davidson Police motorcycle, model FLHPI with windshield, tour pack, and saddlebags. VIN# 1 HD 1 FHW 176Y614814. 2006 Harley-Davidson Police motorcycle, model FLHPI with windshield, tour pack, and saddle bags. VIN# 1HD1FHW136Y692443. 2. AGREEMENT TERMS. This shall be effective as of the date of execution through December 31, 2009. 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 carry 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-Davidson/Buell, as additional name insured shall be issued to the lessee. 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 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: LESSOR: Silver Eagle Harley-Davidson/Buell By: By: .,,#‘0* Printed Name: / 'm of ley Anthony Lumetta, Owner Title: Y3-)q yp t' D DATE(MMIDD/YYYY) J OP ID ACORD CERTIFICATE OF LIABILITY INSURANCE ID 1 04/23/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PDCM Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 2597 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Waterloo IA 50704 Phone: 319-2 3 4-8 8,8 8 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers INSURER B: City of Waterloo INSURER C: Q^ w 715 Mulberry INSURER D: Y Waterloo IA 50703 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AMYL POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE DATE(MMIDD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ UAMAGE I KEN IED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE OCCUR MED EXP(My one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X X ANY AUTO GP06301409 07/01/08 07/01/09 (Ea accident) $ 1 000 000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WC $ WORKERS COMPENSATION AND OR LIMITS ER EMPLOYERS' ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Insurance Verification:. 2006 Harley Davidson FLHPI Motorcycle #1HD1FHW176Y614814 2006 Harley Davidson FLHPI Motorcycle #1HD1FHW136Y692443 Silver Eagle Harley-Davidson/Buell is an additional insured under Auto Liability for the above motorcycles. CERTIFICATE HOLDER CANCELLATION S ILVO 0 4 SHOULD ANY OF THE ABOVE DESORIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Silver Eagle Harley-Davidson/ IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Buell • 4022 Sergeant Road REPRESENTATIVES. Waterloo IA 50701 AUTHO ..� PRESE I� �, ACORD 25(2001/08) C/(`//—�7) 0 ACaIORPORATION 1988 t