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EQUESTRIAN PATROL - EQUINE LEASE AGREEMENT (2)CLEARWATER POLICE DEPAI�TMENT EQL7ESTRIAN PATROL EQUINE LEASE AGREEMENT This is a lease between the City of Clearwater and the undersigned owner, Nancy Jones Miller, for the lease of an equine horse, Sit A Gald (aka Rudy), for a period of three (3) years. It is agreed between the parties that: 1. The Clearwater Police Department (CPD) w311 pay the owner the sum of one 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 a�ailable to CPD for use in law enforcement related activities and purposes under the direction of CPD and under terms and circumstances contained in the aperational procedures of the CPD Equestrian Patral; however, the owner shall have fu11 rights �o utilize the horse for personal use during the lease period. F�rther, the awner agrees ta maintain the above named horse in healthy candition at the owner's expense during the three (3) year lease period. 3. CPD will assume responsibility und�r the t�rms of Section 768.28, Florida Statutes for injuries to others or damage to property af others arising from the use of the named harse, while the horse is engaged in law-enforcem�nt-related activities under the direction of CPD. Nothing herein, however, shall be construed to waive or modify the pravisions of Section 768.28, Florida Statutes or the dactrine of sovereign immunity. 4. CPD assumes limited responsibility for the reasanable cost of veterinary carE for the named horse only for injuries sustained ar incuz-red by the horse during the course of law-enforcement-related activities. During the term of this lease, the maximum amount CPD will pay for veterinary care is a total of three thousand �'ive hundred dollars ($3,500.00). If the anticipated cast of veterinary care is expect�d to exceed three thousand five hundred dollars ($3,500.00), th� own�r may choose to have the horse humanely destroyed and receive compensation of the lesser of three thousand five hundred dollars ($3,500.00) or the balance still available after prior veterinary care for the death of the horse, or pay the excess veterinary expenditures himself/herself. Routine medical costs, as well as vet�rinary costs incurred as a result of the awner's personal use, shall be the responsibility of the owner. 5. CPD shall not be responsible for damage to, of loss af, pers�nal pz-operty of the owner, or personal property of another used by the owner, while the owner and horse are engaged in approved law-enforcement-related activities associated wi.th the CPD Equestrian Patrol. 6. The harse owner is responsible for providing and maintaining in workable order, or ensuring access to, an adequate trailer and associated equipment for the transpartation of the horse to and from approved law-enfarcement-related activities. CPD will provide mileage reimbursement at the City's prevailing rate to the horse awner when the trailer is utilized to transport the horse to and from approved law-enforcement-related activities. CPD is not liable for damages sustained ta the trailer or associated equipment. 7. CPD will supply reasonable uni�orms, equipment, training, and supplies to the owner in support af appraved law-enforc�ment-related activities of the CPD Equestrian Patrol. General costs (boarding, food, etc.) are the responsibility of the awner; and th� owner shall not be considered t� be acting wi.thin the caurse and scope of owner's duties under the CPD Equestrian Patrol program while caring far the horse off duty. S. Payment for medical costs rElating to injuries sustained by the owner during the caurse of approved law-enforcement-related activities will be covered in accordance with Chapter 440, Flarida Statutes. 9. The undersigned owner has read the operational procedures of the CPD Equestrian Patrol and agrees to comply with thase outlined procedures. 10. Either pa.rty may termitiate this lease agreement with or without cause upon notice to the other party. 11. This is the entire agreement between the pa.rties regarding the leased horse and the responsi}ailities af the parties. The parties have read this document, understand their duties and responsibilities according to this lease, and agree ta the terms as evidenced by the signatures below. The undersigned enter inta this agreement on the � g�` day of la_ v�� 2011. Signature Page - Equine Lease Agreement Count�rsigned: . / .�/��� �� Frank V. Hibbard Mayor Approved as to form: � . � .��► � . . � � ••. Assistant City Attorney CITY OF CLEARWATER, FLORIDA ; %. � � � . � William B. Harne II City Manager Attest: Rosemarie Call City Clerk I�i]�Z•��i��+I►�7 (Nancy Jones Miller) ��G `A�oFT,yE.�%'$, Os�• �� V �� i � G n � ��t ����� y� �� �+j'�-Y r._ � �� Y��S� .