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EQUESTRIAN PATROL - EQUINE LEASE AGREEMENTCLEARWATER POLICE DEPARTMENT EQUESTRIAN PATROL EQUINE LEASE AGREEMENT This is a lease between the City of Clearwater and the undersigned owner, Deborah Ann Storey, for the lease af an equine horse, Smokey Miracle (aka Smokey), for a peri�d oi three (3) years. It is agreed between the par�ies that: 1. The Clearwater Palice Department (CPD) will pay the owner the sum Uf c��Ye dollar ($1.00) or other valuable consideration for the lease of the above named horse. 2. During the three (3) year lease period, the horse will be available to CPD for use in law enforcement related activities and purposes under the directian of CPD and under terms and circumstances contained in the aperational procedures of the CPD Equestrian Patrol; however, the owner sha.11 have full rights to utilize the harse for personal use during the lease period. Further, the owner agrees to maintain the abave named horse in healthy condition at the owner's �xpense during the three (3) year lease period. 3. CPD will assume responsibility under the terms of Section 768.28, Florida Statutes for injuries to athers or damage to property af athers arising from the use of the named horse, while the harse is engaged in law-enforcement-related activities und�r the direction of CPD. Nothing herein, however, shall be construed to waive or modify the provisions of Sectian 768.28, Florida Statutes ar the doctrine of sovereign immunity. 4. CPD assumes limited responsibility for the reasonable cost of veterinary care for the named harse only for injuries sustained or incurred by the horse during the course of law-enforcement-related activities. During the term of this lease, the maxixrium amount CPD will pay for veterinary care is a total of three thousand five hundred dollars ($3,500.00). If the anticipated cost of veterinary care is expected to exceed three thousand five hundred dollars ($3>500.00), th� owner may choose to have th� horse humanely destroyed and receive compensatian of the lesser of three thousand ffve hundred dollars ($3, 500.00) ar the balance still available after prior veterinary care for the death af the harse, or pay the excess veterinary expenditures himself/herself. Rautine medical costs, as well as veterinary costs incurred as a result of the owner's personal use, shall be the responsibility of the awner. 5. CPD shall not be respansible far damage to, of loss o% persanal property of the awner, ar personal praperty af another used by the awner, while the owner and harse are engaged in approved law-enforcement-related activities associated with the CPD Equestrian Patrol. 6. The horse owner is responsible for providing and maintaining in workable order, or ensuring access ta, an adequate trailer and associated equipment for the transportation of the horse to and from approved law-enforcement-related activi.ties. CPD will provide mileage reimbursement at the City's prevailing rate to the horse owner when the trailer is utilized ta transpart the horse to and from approved law-enforcement-related activities. CPD is not liable for damages sustained to the trailer or associated equipment. 7. CPD will supply reasonable uniforms, equipment, training, and supplies to the owner in support of approved law-enforcement-related activities of the CPD Equestrian Patrol. General costs (boarding, food, etc.) are the responsibility af the owner; and the owner shall not be considered to be acting within the course and scope of owner's duties under the CPD Equestrian Patrol pragram while caring for the horse off duty. S. Payment for medical costs relating ta injuries sustained by the owner during the course of approved law-enforcement-related activities will be covered in accordance with Chapter 440, Florida Statutes. 9. The undersigned owner has read the operational procedures of the CPD Equestrian Patrol and agrees to comply with those outlined procedures. 10. Either party may terrninate this lease agreement with or without cause upon notice to the other party. 11. This is the entire agreement between the parties regarding the leased horse and the responsibilities of the parties. The parties have read this documen�, understand their duties and responsibilities according to this lease, and agree ta the tez7ns as evidenced by the signatures below. The undersigned enter into this agreement on the �$� day of �_ v._.�? 2011. Signature Page - Equine Lease Agreement Countersigned: r ��fr Frank V. Hibbard Mayar Approved as to form: �, j r �� ..�.` - . . '` - Assistant City Attorney CITY OF CLEARWATER, FLORIDA : �... � l • William B. HarnE II City Manager ����F�C��' v��� `i � Attest: � � � � � �' .�,.. J .o� Rasemarie Call City Clerk HORSE OWNER (Deborah Ann Starey)