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Home My WebLink AboutC2008-130 - 4/3/2008 - NA :Mary .Vallejo - ~~#orcyelo lease egreement.doc ~ ~ ~ ~ ~ ~ ~ - Pale ~ { a, LEASE AREE~VIEI~T 1 1 i , I This Lease Agreement ~iereinafter referred to "the Agreerrient"} is made between the pity of corpus 'sti, a litical subdivision of the State of Texas, ~hereina~er referred to as "the pity„} and ~1 ~ J ~ , a police officer et~ployed by the pity of carpus Christi, thereinafter referred to as "Lessor"}, and VvHEREAS, the use of motorcycles by carpus Christi Police ~fftcers to perform official law enforcement duties such as traffic enforcement and traffic control serves ~ governmental purpose; wI~EREAS, the use of rriotarcycles by corpus Christi Police ~ffcers to provide funeral ~ escorts and other approved off duty assignments also serves a gavernrnental purpose; WHEREAS, Section 14~.00~ ~b~ ofthe Texas Local government bode re wires that the i provide for insuring each police officer in its employ against liability to third persons arising out k of the operation, maintenance, or use of a motorcycle owned or leased by the municipality; WHEREAS, Section 14~.~06 ~d} afthe Texas Local ravernment bode provides that the pity nay elect to be self insured or to reimburse the actual cost afextended automobile liability r insurance endorsements obtained by a police officer on an individually awned automobile liability insurance policy; wHER~AS, the Texas legislature in Article 715 c of ~'ernon's Texas civil Statutes determined that it is imperative that local governments have the authority to provide coverage against any insurable rill{ at the lowest possible costs; I WHEREAS, insurance companies are no longer providing liability insurance for motorcycles when they are used for law enfarcernent purposes; V~HEREA, the costs ofol~taining liability insurance through the assigned risk gaol are prohibitive; i )~I~w, THEREFI~RE, in consideration ofthe mutual covenants contained herein, the pity and Lessor agree as (allows: ARTICLE 1, LEASE ~F NIQTDR~Y~LES E ~ Lessor agrees to lease to pity, and pity agrees to lease from Lessor, the rriatorcycle specified in Schedule A attached hereto. when used in this Agreement, the Perm "motorcycle" shall mean a motorcycle leased hereunder. Vvhen used in this Agreement, the term "approved off duty assignments" shall mean those off duty assignments which ~i} serve a governmental purpose of ~ the Ci and ii have been a roved b the Co us Christi Police hiefor his deli ee. tY ~ ~ pp Y ~ ~~~$-130 0~~03~~s Mary Vallejo -Motorcycle lease a~reeman#.doc Page t Page 2 of 7 Any additions to ar deletions from schedule A, when agreed to by both parties, or any agreed variation in models ar types of motorcycle, shall be evidenced by a supplement to this agreement, This agreement and its supplements thereto sha11 constitute the master lease agreement. ARTIC~~ ~wN~RHIP DF NIOT~RC~'I~~E~ This ~s an agreement of lease only and may not be construed as a contract for the sale of a motorcycle. City acknowledges that Lessor is the owner of the motorcycle leased hereunder. Lessor shall provide the City with evidence of ownership. E M ARTIC~~ 3, LFAF PAYM~I!1T f ' if the Lessor is assigned full tune duties as a Corpus Christi Police Motorcycle officer, the ~ Ci a ees to a Lessor er milea a traveled in the erfarrnance of off icial duties not to exceed p y P g p twelve hundred ~ 1 boo} miles a month, the standard mileage reimbursement rate adapted by the City inCity Policy F--l.~, The City sha11 hake such payment monthly to Lessor. If the Lessor is riot assigned full time duties as a Corpus Christi Police Motorcycle officer, but has been authari~ed by the Carpus Christi Chief of Police or his designee to perform approved offduty motorcycle assignments, the City agrees ~o make lease payments of $l,~D done dollar} to Lessor which shall be payable each time the lease is renewed. ARTICLE 4, T~ The term of this Agreement sha11 be for a term of one gear, commencing on the date the agreement is executed by the City Manager or his designee, Unless terminated as herein provided, the Agreerr~ent shall be automatically renewed far one year periods. AItTICLL 5, ~PFRATI~N ~F MI~T~]RC'I~CL~ k 1. If the Lessor is assigned permanently as a full tune motorcycle officer for the Carpus Christi Police ~epartrrlent, then the parties agree that Lessor shall operate the motorcycle in the performance of official duties The parties agree that Lessor may operate the rr~atorcycle in the performance of approved off duty police assignments. 2. Lessor shall not permit the rnatarcycle to be used in violation of any federal, state ar munlcl al statutes, laws, ordinances, rules ar re lotions, A 3, Lessor shall notify the City immediately of any and all accidents involving the rnotoreycl, such notice shall he by telephone and in writing and shall include full details of the accident and the names and addresses of all parties and witnesses. 4~ The City may inspect the motorcycle, upon the City's premises ar elsewhere at any and all reasonable dimes}and the Lessor shall cooperate fully to facilitate such inspections. R H:ILEA-DIR1Doyl~r]CurtislMYQOC~1~0~31P&~ORD~31~aning.or~ll)OYLE~12~031~01~341.Fr~~ntes.Ord.AppBcPC,doc r 4 Ff l Mary Vallejo -Motorcycle lease agreement.doc ~ Page f Page 3 of ? 5. Lessor shall not allow any other person to use the motorcycle in the performance of official police duties ar in the performance of approved off duty assignments. In other words, the parties agree that the only person who will use the rnotarcycle in the performance of police duties ar in the performance of approved off duty assignments is the Lessor. A~T~L G, ~~TITUTI~I~I ~F 1VII~TURYL~ Lessor shall have the right to substitute for any motorcycle under lease a motorcycle of carrlparable type and condition, subject to approval by Carpus Christi Chief of Police or his designee, ARTICLE 7. STATE, COUNTY AND I~ITY RL~ITRATI~N AI~I] LZ~N~~ Lessor shall accomplish the titling, registration and licensing in the state of Texas of motorcycle in Lessor's Warne. Lessor shall accarnplish and pay for any inspections of the t~atorcycle required during the term of this Agreement by any governmental authority. A~TYLE S. TAKE Lessor shall pay and bear all federal, state and local sales, use, excise, personal property and other taxes and all governmental assessments, fees and charges imposed on or in connection with the motorcycle, or on the lease, use, ownership ar possession thereof pursuant to this Agreement. ARTICLE 9, REPAIR AND 11~AINTENANE Lessor shall keep and malntaln the motorcycle In good operating cOndltlon and working order. It sha11 be the duty of the Lessor to make alI necessary repairs and replacements to the motorcycle, including but not be limited to tires, oil, lubricants and antifreeze required for the proper operation andlar protection of the motorcycle. The City agrees to provide for electrical repairs to the motorcycle ifthe Lessor is permanently assigned to the 1Vlatorcycle Division, 2, Lessor agrees to provide all gasoline necessary to operate said motorcycle and to maintain all ails and lubricants at the proper level, Lessor further agrees to keep said motorcycle properly stared and washed. 3. The City agrees to provide far the repair of a motorcycle which is damaged while being operated by Lessor in the performance of af~cial police duties ar during approved off-duty assignments. If the Carpus Christi Chief of Police ar his designee determines that the rrsatarcycle 4 is sa damaged that it cannot economically be placed in good working order, then the City shall! as soon as practicable aver such event, pay Lessor the value of said rrlatarcycle as listed in the ~ then current issue of the N.A.D,A.1Vlatarcyclel snowmobile 1 ATE f Personal watercra~ ~ Appraisal Ouide. 1 i H;Ii,E~-DIR1DoyleaCurtisl~IYD0~s1~~~31P&~ORI~031~oning.or~lIYLEC120~31~01~~~1.Fuentes.Ord.App&P~.~oc i Mary 1lallejo -Motorcycle lease agreer~ent.doc ~ ~ Page ~ r-~ ------'F- ~ I L Page 4 of ~ i ~ AItTII~LE 1D. ~II~ ~F LIB E Lessor retains risk of loss of the motorcycle, including loss caused by they of the rr~otorcycle, ARTII;LE 11. INURAN~ i 'then the motorcycle is operated by Lessor in the perfarrnance of af~cial police duties or in the performance of approved off duty assignments, the self insurance fund of the City shall provide coverage for property and casualty losses, general liability, auto liability, worker's compensation and other rrziscellaneous risks to the extent not covered by contractual insurance ar other indemnification. A~TY~LL 1~, INI]~NINIFIATI~N when the motorcycle is operated by Lessor in the performance of offcial police duties or in 1 the performance of approved off duty assignments} the City shall indemnify Lessor as provided in section 39w1G of the Corpus Christi Cade of ordinances, i a AR~TI~L I3~ TERIVIII~ATY~N 1 ~ Ifthe motorcycle is stolen, the Agreerrient shall terminate. Notwithstanding the previous provision, the Lessor reserves the option to offer a replacement or substitute motorcycle which E motors cle shall be sub'ect to the terms ofthis A Bement and a royal b the Co us Christi y ~ l~' pp y rP Chief of Police or his designee, ' If the Carpus Christi Chief of Police or his designee determines that the motorcycle is so destroyed or dat~aged that it cannot economically be placed in good working order, this Agreement shall terminate. Notwithstanding the previous provision, the Lessor reserves the ~ option to offer a replacement or substitute motorcycle which motorcycle sha11 be subject to the ~ i i i terms of thrs Agreement and approval by the Corpus Chr~st~ Chief of Police or his designee, If the Lessor ceases to be employed as a police officer by the City of Corpus Christi, the agreement shall terminate immediately. r I I 4, ~f the Lessor is no longer authorized to operate the motorcycle in the performance of official police duties or in the performance of approved off duty assignments, the agreerraent shall terminate immediately ~ 5. The agreement ray terminate upon the rrrutual agreement ofthe parties. A default b Lessor with res ect to an ofthe res ansibilities outlined in this a Bement y p Y P shall terminate the agreement. 7. Notwithstanding anything to the contrary herein, thls agreement terminates automatically H:l1~~G-DIRIDoyIeDCurtislMYD~CSI~~D31P&~Z~R1~~31~anir~g.or~1~0YL~C1Z~a31~01~3~1.Fuentes.~r~.App&PC,doc a { Mary Vallejo - Motorcyole lease agreeent.dao Page 5 Page 5 ~f 7 ~ and without r~atice on ~a} an attempted assignment by Lessor of this agreement, ar fib} an assignment by Lessor for the beneft of creditors. r S. 1lither party may terminate this Agreerrrent by prodding the other party with thirty days advance written natlce tertnat~an. ' ARTII~LE 14. ~NERAL PRI~~ISII~NS 1. This instrument has been executed in duplicate original copies and constitutes the entire agreement between the parties hereto. This agreement shall not he effective until authorised by the pity Council and executed by the pity Manager. This agreement cannot be amended or altered in any manner unless such amendment be signed by the City Manager far his designee} and by Lessor. Na forbearance to exercise any right or privilege under this Agreement ar waiver of any breach of any of its terms shall be construed as a waiver of any such terms, rights or privileges, but the sarr~e shall continue and remain in full force and effect the carne as if na such forbearance ar waiver had accurred~ 4 2. Neither this Agreement nor any interest herein maybe assigned by either party, Nothing f contained in this instrument shall be deemed to revert the Lessor frarn pledging his interest in p said matarcycle to secure financing for the purpose of said matarcycle. 3. Any notice given by one party to the other under this Agreement shall be given in writing i at the address ofthe other party as set out below ar at such other address as may have been ~ furnished ~n writing for such purpose. For the City; Carpus Christi Police 1]epartment Attn: Police Chief Bryan PF Smith X21 Cahn Sartain St. Corpus Christi, Texas 7$401 r~ For Lessor, ~ ~ a 4 4, Lessor shall notify the City immediately in writing of any charges or liens of any kind whatsoever imposed upon the rr~otarcycle. This agreement shall be interpreted under and governed by the laws of Texas. Yf any provisions hereof or the application of any provisions to any person or circumstances is held invalid or unenforceable, the remainder hereof and the a lication of such raviion to other pp P persons or circumstances shall remain valid and enforceable. i ~ b. An payments to be made b the City in accordance with the terms of this agreement ~ y H:1LEG-DiR1DoyleDCurtislMYD~C1~403~'&~ORD~31,honing.ordlDDYLEa~31~01~~~1,Fuentes,~rd.Ap~c~~C.doc i i I I i Mary Vallejo Motorcycle lase agreement.doc ~ _ ~ ~ ~ _ Page a~ { f Page B of ~ i shall be made from current re~renues available to the City and any future payments sha11 be subject to appropriations. The parties recvgni~e that the continuation of any contract aver the k i close of any fiscal year of the City of Corpus Christi, which fiscal year ends on duly 1 of each gear, shall be subject to budget approval providing for or covering such contract item as an f e~ enditure in said bud et~ The Cit does not re resent that said bud et item gill actuall be P ~ Y P ~ ~ adapted, said deterrri~nat~on being wtth~n the sole discretion ofthe Corpus Christi Cif Council at the time of the adoption of a City budget. Agreed to by: T~~ CITY C~R~U HR~TI L~~~R ~ _ ~ orge Noe, City M a er Name: or.~ ~ f ~ ~ ~a~~ Date: ~ Date: ~ ~ ~y: ~tyan P. mith, Chief of Police Date: Att~St Armando Chaps, City sec tart' i ~ ~ ~ ' Approved as to legal form this day of } " ~ ~ ley, Lisa Aguilar Assistant City Attorney . for City Attorney ~ ~ i i i ~ H:1~.,EG-~1R~I~oyI~I~CurtislMYD~C~120a31P8c~Ol~D031~oning.ordlDOYLE~I~~D31~~1~301.1~ue~tes.~rd,App&FC.dac i MaryValle~a - Motorcycle lease agreeme~t~~oc Page ~ i Pa e 7 of ~ CHED~~ A ' Attached t~ and made part of the Lease Agreement i bet~re the C't~ of corpus Christi and r ~ ~~~1 Description of Motorcycle ~ Make. c~~ ~ 1 1VIode1. ~ r ~r~; ~ I~ i License Plate Nurrlber, i i i i i i - i i i i I~:ILEG-DIR1DoyleC}~urtislMYDOC~1~0U31P~C~~Ri~031~oning.ordlDOYLE~12~031~D 10301.Fuentes.~rd.A~p&~~.doc