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Reso 2008-1321
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Reso 2008-1321
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Last modified
7/16/2010 3:52:39 PM
Creation date
2/23/2009 10:59:26 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2008-1321
Date (mm/dd/yyyy)
09/18/2008
Description
Ratify Motorcycle Lease Agmt w/Bruce Rossmeyer Ft. Lauderdale Harley-Davidson
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<br />2 <br /> <br />5. Use and Subleasing: Lessee agrees that the vehicles (a) will be operated <br />only by authorized licensed drivers employed by Lessee as law-enforcement officers; (b) <br />will be kept free of all fines, liens and encumbrances; (c) will not be used illegally, <br />improperly, for hire, or contrary to the manufacturer's recommendations; and (d) will not <br />be altered, marked or have equipment installed on them without Lessor's consent. <br /> <br />6. Insurance: During the term of the Lease, Lessee must maintain public <br />liability and physical damage insurance on the vehicle. Lessee agrees that the <br />Department's own liability and personal injury protection insurance will provide primary <br />insurance coverage up to its full policy limits. The Lessor or Dealer will accept written <br />certification that the Lessee is self-insured for general liability and auto liability under <br />Section 768.28 of the Florida Statues. Lessee will provide Lessor with evidence of this <br />insurance. Lessee must notify in writing at least 10 days before the insurance is cancelled <br />or coverage altered and that Lessor, or its representatives, may have full access to any <br />claim file in the event of an insurable loss. In the event of a total loss or destruction of <br />vehicles, Lessee's maximum exposure shall be the Dealer's cost of the vehicle as shown <br />on its books/records. <br />Lessor or Dealer shall provide the Lessee or Department with evidence of <br />insurance as follows: Workers Compensation, General Liability, Automobile Liability, <br />and Errors and Omissions (Professional) Liability. <br />Lessors or Dealers insurance shall apply only when the vehicle is in <br />Dealer's care, custody or control. <br /> <br />7. Notice of Accidents and Cooperation: Lessee agrees to cooperate fully <br />with Lessor and any insurance company in the investigation and defense of any and all <br />claims arising from their possession and use of the vehicles. Lessee will make a <br />complete report to Lessor within 48 hours after any accident, theft or loss involving the <br />vehicles. <br /> <br />8. Indemnification: Lessee agrees to indemnify and hold Lessor, its <br />affiliates, assignees, officers, agents and employees harmless from all losses, liability, <br />damages, injuries, claims, demands and expenses, including attorneys fees, arising out of <br />the use of the vehicles while in the care, custody or control of the Lessee. <br />Lessor agrees to indemnify and hold Lessee, its affiliates, assignees, <br />officers, agents and employees harmless from all losses, liability, damages, injuries, <br />claims, demands and expenses, including attorneys fees, arising out of the use of the <br />vehicles while in the care, custody or control of the Lessor. <br />Lessee does not waive its right to sovereign immunity under 768.28 of the <br />Florida Statues. <br /> <br />2 <br />
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