MOTOR VEHICLE LEASE AGREEMENT
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Motor Vehicle Lease Agreement
This agreement entered into between the City of Clearwater (hereinafter the Lesso" and the Sergeant Allen
Moore Community Partnership, Inc. (hereinafter the Lessee) is for the lease of a vehicle described below. By
signing this lease, the lessee agrees to all terms and conditions contained herein.
WHEREAS, the City of Clearwater has received a grant from the State of Florida Department of
Community Affairs in the amount of $50,000 with a 25% required match of $16,667; and
WHEREAS, the City has purchased a 15 passenger Econoline wagon with a portion of the grant
funds and wishes to support the Sergeant Allen Moore Community Partnership, Inc. by leasing the vehicle to
the organization; and
WHEREAS, the Sergeant Allen Moore Community Partnership, Inc. will be utilizing the vehicle to
transport citizens of Clearwater in the day-to-day operations of The Safe House located at 1201 N. Betty
Lane, Clearwater, Florida;
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties hereto
agree as follows:
1. VEHICLE DESCRIPTION. 1996 Ford Econoline 15 Passenger Club Wagon VIN
1 FBJS31 H3THB59092.
2. TERM OF LEASE AND PAYMENTS. This Lease shall be for a period of one year commencing on
September 20, 1998 and ending on September 19, 1999. The parties have the option upon mutual
agreement to renew this Lease for an additional 2 years beyond this lease period. The Lessee shall make an
annual payment of $1.00 at the commencement of each period.
3. PUBLIC LIABILITY AND PHYSICAL DAMAGE INSURANCE. Lessee must purchase Public Liability
and Physical Damage insurance that covers both Lessee and Lessor. The coverage must be not less than a
single limit coverage of $500,000 bodily injury, $50,000 property damage and physical damage coverage with
deductibles not to exceed $500 for collision and $500 for comprehensive. Lessee shall be responsible for
paying the premium for said insurance coverage and shall provide proof of such insurance to Lessor.
Insurance Notice to Florida Residents Onlv: UNDER THE TERMS OF THIS LEASE AND IN ACCORDANCE
WITH ~324.021(9)(b) OF THE FLORIDA STATUTES, NO LESSOR SHALL BE DEEMED THE OWNER OF
THE LEASED MOTOR VEHICLE FOR THE PURPOSE OF DETERMINING FINANCIAL RESPONSIBILITY
FOR THE OPERATION OF THE LEASED MOTOR VEHICLE OR THE ACTS OF THE OPERATOR IN
CONNECTION WITH THE LEASED MOTOR \f.EHICLE WITHOUT ANY WAIVER OF THE PROTECTION
AFFORDED TO ANY LESSOR BY ~324.021 (9)(b). AND IN ADDITION TO THE PROTECTION AFFORDED
THEREBY, THE VALID AND COLLECTIBLE LIABILITY INSURANCE OR PERSONAL INJURY
PROTECTION INSURANCE PROVIDING COVERAGE FOR THE LESSOR OF A MOTOR VEHICLE FOR
RENT OR LEASE SHALL BE PRIMARY. SUCH INSURANCE SHALL BE PRIMARY FOR THE LIMITS OF
LIABILITY AND PERSONAL INJURY PROTECTION COVERAGE AS REQUIRED BY ~324.021 (7) AND
~627.736, FLORIDA STATUTES.
BY SIGNING THIS LEASE, LESSEE AGREES THAT LESSEE'S OWN LIABILITY AND PERSONAL INJURY
PROTECTION INSURANCE, FOR LESSEE OR ANY OTHER PERSON DRIVING THE VEHICLE, WILL
PROVIDE PRIMARY INSURANCE COVERAGE UP TO ITS FULL POLICY LIMITS.
Name of Ins~rance Carrier: fJroqr~'ive. /I/Ylffl'ca';:Ji;s. Policy No(l/ ()c{07131C,-/
Name of Insurance Agent: ~\\~f.(~k AssO(~~'I:r",C.. Phone No. (7~/) 7'n "*3 I). ~~'+-J.r7
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Lessor must be named as "addition'l insured" and "loss payee" on Lessee,Jinsurance policy. Each policy
must provide that Lessor will be notified in writing at least 30 days before the insurance is canceled or
coverage altered and that the Lessor or its representative may have full access to Lessee's insurer's claim file
in the event of an insurable loss. Lessee has the option of furnishing the required amount of insurance either
(I) through any existing policies owned or controlled by Lessee and issued by a carrier reasonably acceptable
to Lessor, or (ij) by purchasing the required coverage separately through any insurer reasonably acceptable
to Lessor.
4. MAINTENANCE, REPAIRS AND OPERATING EXPENSES. The Lessee will be responsible for and
agrees to pay for all maintenance and repairs to keep the Vehicle in good working order and condition and
any other expenses, including but not limited to fuel, associated with operating the Vehicle. Lessee will
service the Vehicle according to the manufacturer's recommendations as outlined in the Owner's Manual and
the Maintenance Schedule folder or as requested by the manufacturer in any recall campaign, and Lessee
will complete all necessary service records.
5. LICENSE, REGISTRATION, TAXES AND INSPECTION. Lessee agrees to pay for registration and
licensing and for all inspections of the Vehicle required by any government authority during the term of this
Lease.
6. WARRANTIES AND EXCLUSIONS OF WARRANTIES. Except for a warranty of description of the
Vehicle and a warranty against interference with Lessee's interest under this Lease, the only warranties
covering the Vehicle are the standard manufacturer's express warranties. The Lessee is authorized to
receive the benefit of the manufacturer's warranties on behalf of Lessor. In the event Lessee becomes
involved in any litigation, arbitration or other dispute resolution proceeding regarding such manufacturer's
warranties, Lessee will promptly notify the Lessor in writing of the proceeding in the manner provided in
Paragraph 15. Lessee agrees that Lessor is a necessary party to any such proceeding. Lessee will also
have the benefit of the extended warranty obtained by Lessor. YOU UNDERSTAND THAT LESSOR MAKES
NO EXPRESS OR IMPLIED WARRANTIES COVERING THE VEHICLE. IN PARTICULAR, LESSOR
MAKES NO EXPRESS OR IMPLIED WARRANTIES OF VEHICLE CONDITION, MERCHANTABILITY,
DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE COVERING THE VEHICLE, AND
LESSOR EXPRESSLY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.
7. NO ASSIGNMENT BY LESSEE. LESSEE AGREES NOT TO ASSIGN, TRANSFER, SUBLEASE,
RENT OR PLEDGE THIS LEASE OR THE VEHICLE WITHOUT LESSOR'S EXPRESS WRITTEN
CONSENT, NOR WILL LESSEE DO ANYTHING TO INTERFERE WITH LESSOR'S OWNERSHIP OF THE
VEHICLE.
8. NOTICE OF ACCIDENTS AND COOPERATION. Lessee agrees to cooperate fully with Lessor and
any insurance company in the investigation and defense of any and all claims arising from possession and
use of the Vehicle. Lessee will provide Lessor with all information available regarding the time, place and the
nature of the accident, theft or loss, the persons involved and any resulting injuries or damage. Lessee will
promptly deliver to Lessor all papers and documents received by Lessee or by any operator of the Vehicle in
connection with any claim begun or threatened against Lessor, Lessee, or any operator of the Vehicle.
Lessee will provide Lessor or Lessor's representative reasonable time and opportunity to examine the
damaged Vehicle. Lessee will comply with all laws and regulations requiring the reporting of accidents, thefts
or loss involving the Vehicle.
9. LIMITATION OF LIABILITY. Lessor shall not be liable for any loss of profits or other indirect or
consequential damages or inconveniences which may result to Lessee from any damages to, or defect in, the
Vehicle or for the time needed to repair or service the Vehicle.
10. USE. Lessee agrees that:
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a.
Only authorized Iiceled drivers will operate the Vehicle atteJthey have been approved by the
Clearwater Police Department to insure that they have a valid driver's license;
Neither Lessee nor any other person will operate the Vehicle while under the influence of
alcohol, illegal narcotics or prescription or non-prescription drugs if the instructions prohibit
operating a motor vehicle;
Lessee will keep the Vehicle free of all fines, liens and encumbrances and will pay such fines
or remove any such liens and encumbrances immediately (if Lessee does not, Lessor may do
so, and any amounts paid by Lessor, plus the assessment by Lessor of a $25 processing fee
per incident, shall be an additional amount owed by Lessee under this Lease);
Lessee will not use the Vehicle illegally, improperly or for hire;
Lessee will not use the Vehicle to pull trailers if recommended against by the manufacturer;
Lessee will not remove the Vehicle from Florida; and
Lessee will not alter, mark or install equipment in the Vehicle without Lessor's consent;
Lessee will utilize the Vehicle for the benefit of the Public.
b.
c.
d.
e.
f.
g.
h.
11. INSPECTION. Lessee agrees to allow Lessor to inspect the Vehicle at any reasonable time and
place. If Lessor asks to inspect the Vehicle, Lessee will tell Lessor the location of the Vehicle. Any
inspection will be solely for Lessor's benefit.
12. DEFAULT. Lessee will be in default of this Lease if any of the following occur:
a. Lessee does not make a payment when it is due;
b. Lessee or any of Lessee's property becomes the subject of a proceeding (voluntary or involuntary)
in bankruptcy, receivership or insolvency, or Lessee makes an assignment for the benefit of
creditors;
c. Lessee dissolves;
d. Lessee fails to comply with the insurance requirements of Paragraph 3;
e. Lessee does not maintain or repair the Vehicle as required by this Lease;
f. The Vehicle is stolen, lost, destroyed, seized or confiscated or is otherwise rendered unavailable
or unsuitable for use;
g. Lessee assigns, transfers, subleases, rents or pledges this Lease or the Vehicle without Lessor's
permission or otherwise violates Paragraph 7;
h. Lessee allows the Vehicle to become subject to a lien; or
i. Lessee otherwise fails to comply with any other term, provision or condition of this Lease or fails to
keep any other promise made to Lessor.
13. INDEMNIFICATION. Lessee agrees to indemnify and hold Lessor, Lessor's affiliates, assignees,
pledges, agents and employees harmless from,alllos~es, liability, damages, injuries, claims, demands and
expenses arising out of the condition, maintenance, use or operation of the Vehicle.
14. SEVERABILITY. If any part of this Lease is not valid according to any applicable law, all other parts
nevertheless will remain enforceable.
15. NOTICES. All notices to Lessee will be made to 1201 N. Betty Lane Clearwater, FL 33755 or to the
last address provided to Lessor in writing. All notices to Lessor made in accordance with the provisions of
this Lease must be made in writing to the Chief of Police of the Clearwater Police Department at 645 Pierce
Street, Clearwater, FI 33756, or to such other address as Lessor provides in accordance with this Paragraph.
16. NO WAIVER. Lessor's excuse of a default does not mean that a later occurrence of that or any other
default will be excused. Any failure or delay by Lessor in exercising any of Lessor's rights or remedies under
this Lease will not cause Lessor to lose them, and Lessor may exercise them at any later time.
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17. DELIVERY RECEIPT. By Jgning this Lease, Lessee agrees that(! Lessee received and examined
the Vehicle described in this Lease, (b) the Vehicle is as described in this Lease, and (c) the Vehicle is in
good working order and condition.
18. THIS LEASE CONTAINS THE ENTIRE AGREEMENT BETWEEN LESSEE AND LESSOR. There
are no other agreements between Lessee and Lessor except those included in writing in this Lease. No
change of this Lease, no course of performance and no other agreement be~en Lessee and Lessor will be
binding unless in writing and signed by Lessee and Lessor. Lessee Initials: f;J.-!. .
CITY OF CLEARWATER, FLORIDA
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By:
ichaeD. Roberto, City Manager
Approved as to form:
Attest:
:a E.-Goudeau, City Clerk
SERGEANT ALLEN MOORE
COMMUNITY PARTNERSHIP, INC.
Attest:
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