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Item 5E LeaseDALLAS HARLEY- DAVIDSON, LTD. 0 -- - 1334 West Centerville Road 40 011 Garland, Texas 75041 4e BU011 (972) 270 -DYNA (3962) FAX (972) 270 -5300 Ae AMERICAN MOTORCYCI Made this II day of October A.D. 2004 BY AND BETWEEN Dallas Harley- Davidson, Ltd. herein called lessor and the City of Southlake Police Department herein called the lessee, WITNESSETH, that in consideration of the covenants herein contained, on the part of said lessee to be kept and performed, the said lessor does hereby lease to the said lessee the following described property: IHDIFHW FLHPI 2005 IHDIFHW FLHPI 2005 I.HDIFHW FLHPI 2005 IHDIFHW FiLHP'I 2005 IHDIFHW FLHPI 2005 IHDIFHW FLHPI 2005 1HDI,FHW FLHPI 2005 IHDIFHW FLHPI 2005 1HDIFHW FLHPI 2005 IHDIFHW FLHPI 2005 TO HAVE AND TO HOLD the same for the term of 12 months from the day of A.D. 2004, the said lessee herefor the Monthly rent of $350.00 per motorcycle, for a total of $ 42,000.00, for the first 12 months. The said lessee herefor the Monthly rent of $375.00 for the second year, for a total of $45,000.00 For the next 12 months. After the first year of the lease agreement, ALL motorcycles will be replaced. And the said lessee covenant with the said lessor to pay the said rent in 24 payments of $ each on the 15th day of each and every Month for the said term. 1. PURPOSE The lessee wishes to enter into a contract to lease motorcycles for use by the Police Department for 12 months. The City of Southlake Police Department reserves the right to Extend the contract for one year period (not to exceed two extensions). Providing: both parties agree to the extension, that all the specifications, terms, and conditions remain the same, and such extension(s) is approved by both parties. .2. EXPENSES The lessee will be responsible for all gasoline costs. All other expenses, fees, and costs such as state inspection and licenses will be the responsibility of the lessor as the contractor. DALLAS HARLEY- DAVIDSON, LTD. 1334 West Centerville Road Garland, Texas 75041 (972) 270 -DYNA (3962) FAX (972) 270 -5300 4e Buell AOr AMERICAN MOTORCYCLES 3. MAINTENANCE All maintenance and repairs will be the responsibility of the lessor. EXCEPTION: Repairs as a result of an accident or negligence on the part of the Police Department will be the responsibility of the lessee (the City). The Police Department will make the cycle available under any scheduled maintenance program. 4. USE The Police Department reserves the right to use the cycle as required in order to perform their required duties. S. INSURANCE/INDEMNIFICA i 1ON a. Control of Vehicles The lessee shall be presumed to have control of leased cycles when the keys to such cycle are entrusted to the City and until such time as the keys are returned to the contractor for maintenance or their care, custody, or control. b. Cycle Physical Damage Insurance The lessee shall be responsible for all losses to leased cycles while under the care of the lessee. Should the contractor as the lessor or his designee repair a damaged leased cycle, the City's liability for payment of such expense shall be based an the same reasonable standards and practices as employed be insurance companies in the area. The City will not be responsible for any damages to the leased cycle while it is under the care, custody or control of the contractor (lessor). The City, however, will also not be responsible of reasonable wear and tear to said leased cycle. In the event of a total loss, the City`s maximum exposure to the lessor shall be the wholesale value of the cycle at the time of loss (less salvage) as indicated by the "RED BOOK" or it necessary as determined lessor and the City of Southlake Police Dept. c. Notwithstanding the provisions of subsections a. and b. above, Lessee shall not be responsible for losses to leased cycles while under the care of the Lessee if the loss or damage is caused by a negligent act or omission of lessor, its agents, officers, or employees. WITNESS our hands and seals this day of October 2004. Signed, Sealed, and Delivered in Presence of. Steven P. Bell General Manager Signature Signature