Loading...
EQUESTRIAN PATROL - EQUINE LEASE AGREEMENT (3)CLEARWATER POLICE DEPARTMENT EQUESTR�AN PATROL E(�L7INE LEASE AGREEMENT This is a lease between ihe City of Clearvvater and the undersigned owner, Nancy Jones Miller, for the lease of an equine horse, Flirtatious Invitation (aka Garnet), for a periad af three (3) years. Iti is agreed between the pat-ties that: 1. The Clearwater Yolice I]epartment (CPD) will pay the owner the sum af ane dollar ($1.00) or other valuable consideration far 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 enfarcement related activities and purposes under the direction of CPD and under terms and circumstances cantained in the aperational procedures of the CPD Equestrian Patrol; however, the owner shall have full rights to utilize the horse for persanal use during the lease period. Further, the owner agrees to maintain th� above named horse in hea]thy condition at the owner's expense during the three (3) year lease period. 3. CPD will assume respansibility under the terms of Section 768.28, Florida Statutes for injuries to others or damage to property of athers arising from the use of the named horse, while the horse is engaged in law-enforcement-related activities under the direction of CPD. Nathing herein, how�ver, shall be construed to waive or modify the provisions pf Section 768.28, Florida Statu�es or the doctrine of savereign immunity. 4. CPD assumes limited respansibility for the reasonable cost of veterinary care for the named horse only for injuri�s sustained or incurred by the horse during the course of law-enforc�ment-related activities. During the term af this lease, the maximum amount CPD will pay far veterinary care is a tatal of three thausand 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), the owner may choase to have the horse humanely destrayed and receive compensation of the lesser of three thousand five hundred dollars ($3,50�.00) or the balance still available after prior veterinary caare for the death of the harse, or pay the excess veterinary expenditures himself/herself. Routine medical costs, as well as veterinary costs incurred as a result of the owner's personal use, shall be the responsibility o� the owner. 5. CPD shall not be responsible for damage to, of loss of, personal property of the owner, or personal praperty af another used by the owner, while the owner and horse 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 to, an adequate trailer and associatEd equipmen� for the transportatian of the horse ta and from approved law-enforcement-re�ated activities. CPD will pravide mileage reimbursement at the City's prevailing rate to the horse owner when the trailer is utilized to transport the horse to and from appraved law-enforcement-related activities. CPD is not liable for damages sustained to the trailer ar associated �quipment. 7. CPD will supply reasonable uniforms, equipment, training, and supplies to the owner in suppart of approved law-enforcement-related activities of the CPD Equestrian Patrol. General casts (boarding, food, etc.) are the responsibility of 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 wh�le caring for the horse off duty. 8. Payment for medical costs relating to injuries sustained by the owner during the course of approved law-enforcement-r�lated 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 proceduxes. 10. Either party may termulate 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 respansibilitiP� �f the parties. The parties have read this document, understand their duties and responsibilities accarding to this lease, and agree to the terms as evidenced by the signatures below. The undersigned enter into this agreement on the � day of V U S,� 2011. Signature Page - Equine Lease Agreement Countersigned: � �` Frank V. Hibbard Mayor Approved as to form: �� � .,.�.//1 � ,.,� '�r- � CITY OF CLEARWATER, FLORIDA : �i� �� - i ' William B. Horne II City Manager Rosemarie Ca.11 Assistant City Attorney City Clerk HORSE OWNER (Nancy n Miller)