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HomeMy WebLinkAboutContracts & Agreements_69-2003_CCv0001.pdf AUTOMOBILE LOAN AGREEMENT This Automobile Loan Agreement ("Agreement") is made and entered into on this 6th day of May, 2003, by and between Hatfield Buick-GMC, a California corporation ("Owner") and the City of Redlands, a municipal corporation ("City"). In consideration of the mutual promises contained herein, Hatfield Buick-GMC and the City of Redlands hereby agree as follows: AGREEMENT Section 1. Loan of Vehicle. In consideration for providing maintenance of the Loaned Vehicle, Owner shall loan to City, for use by the Redlands Police Department, a Vehicle of Owners choice ("Loaned Vehicle"), for certain selected law enforcement activities. A single vehicle will be loaned on a rotating basis with the frequency of the rotation to be at Owner's discretion. The Loaned Vehicle will be loaned by Owner to City on the following basis: A. City Police Department employees will contact Owners representative to obtain and exchange the Loaned Vehicle. B. The Loaned Vehicle will be driven exclusively by City Police Department employees during the course of their official duties. C. The Loaned Vehicle will be used only for police operations that necessitate an unmarked vehicle which shall include, but not be limited to, static surveillance, mobile surveillance, undercover operations and other law enforcement related activities. The Loaned Vehicle will not be used for police operations that would require emergency equipment. D. The Loaned Vehicle will not be modified in any way by the City. E. The Loaned Vehicle will be returned as soon as possible should a request be made by Owner for return of the vehicle. F The Loaned Vehicle will be returned to Owner clean and with at least as much fuel as when the vehicle left the lot. G. City will pay for operating costs such as fuel, oil, anti-freeze and other fluids, and provide all other basic maintenance for the Loaned Vehicle. H. Should the Loaned Vehicle be damaged while in the control of City, City will pay for repairs to the vehicle. U,ca lenfAgreements',5059 Auto Loan Haffleld.wpd Section 2. Termination. Either City or Owner may terminate this Agreement, without cause, at any time and without prejudice or liability, upon fourteen (14) days prior written notice to the other. City shall return the Loaned Vehicle to Owner within fourteen (14)days of delivery of a Notice of Termination. Written notice shall be provided by either personal service or by certified mail, return receipt requested addressed as provided herein. Section 3. Insurance. City shall insure the Loaned Vehicle through City's insurance/self insurance general liability policy. Section 4. Indemnification. Owner shall defend, indemnify and hold harmless City and its elected officials, officers and employees from and against any and all liability, claims, damages, losses, lawsuits and expenses, including attorney fees, arising out of or resulting from the death or injury of a person, or damage to, any property resulting from any act or omission by Owner as it relates to execution or performance of this Agreement, by Owner, and its employees and agents. City shall defend, indemnify and hold harmless Owner and its officers and employees from and against any and all liability, claims, damages, losses, lawsuits and expenses, including attorney fees, arising out of or resulting from the death or injury of a person, or damage to, any property resulting from any act or omission by City as it relates to execution or performance of this Agreement, by City, and its elected officials, officers and employees. Section 5. Notice. Any notice required by this Agreement shall be served by depositing in the United States Mail with first-class postage prepaid certified mail, return receipt requested and addressed to the person at the address as listed below, unless written notice is provided for a change of address as to either party. OWNER CITY OF REDLANDS Attention: William Hatfield Attention: Lieutenant Russell Dalzell Hatfield Buick-GMC Redlands Police Department 301 East Redlands Blvd. P.O. Box 1025 Redlands CA 92374 212 Brookside Avenue Redlands, CA 92373 Section 6. Attorneys' Fees. In the event any action is commenced to enforce or interpret any term or condition of this Agreement the prevailing party in such action shall, in addition to any costs and other relief, be entitled to recover its reasonable attorneys' fees. Section 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Section 8. Entire Agreement. This Agreement constitutes the entire agreement between the City and Owner concerning the subject matter hereof, and supersedes all prior a agreements and understandings whether written or verbal. This Agreement may not be modified or amended except in a writing signed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above. HATFIELD BUICK-GMC CITY OF REDLANDS J F�resident Mayor Dated: ' - Dated: May 6, 2003 ATTEST f City Cferk 3 AUTOMOBILE LOAN AGREEMENT This Automobile Loan Agreement ("Agreement") is made and entered into on this 6th day of May, 2003, by and between Toyota of Redlands, a California corporation ("Owner") and the City of Redlands, a municipal corporation ("City"). In consideration of the mutual promises contained herein, Toyota of Redlands and the City of Redlands hereby agree as follows: AGREEMENT Section 1. Loan of Vehicle. In consideration for providing maintenance of the Loaned Vehicle, Owner shall loan to City, for use by the Redlands Police Department, a Vehicle of Owners choice ("Loaned Vehicle"), for certain selected law enforcement activities. A single vehicle will be loaned on a rotating basis with the frequency of the rotation to be at Owner's discretion. The Loaned Vehicle will be loaned by Owner to City on the following basis: A. City Police Department employees will contact Owners representative to obtain and exchange the Loaned Vehicle. B. The Loaned Vehicle will be driven exclusively by City Police Department employees during the course of their official duties. C. The Loaned Vehicle will be used only for police operations that necessitate an unmarked vehicle which shall include, but not be limited to, static surveillance, mobile surveillance, undercover operations and other law enforcement related activities. The Loaned Vehicle will not be used for police operations that would require emergency equipment. D. The Loaned Vehicle will not be modified in any way by the City. E. The Loaned Vehicle will be returned as soon as possible should a request be made by Owner for return of a vehicle. F. The Loaned Vehicle will be returned to Owner clean and with at least as much fuel as when the vehicle left the lot. G. City will pay for vehicle operating costs such as fuel,oil,anti-freeze and other fluids, and provide all other basic maintenance of the Loaned Vehicle. 1 H. Should any of the Loaned Vehicle be damaged while in the control of City, City will pay for repairs to the vehicle. Section 2. Termination. Either City or Owner may terminate this Agreement, without cause, at anytime and without prejudice or liability, upon fourteen (14) days prior written notice to the other. City shall return the Loaned Vehicle to Owner within fourteen (14)days of delivery of a Notice of Termination. Written notice shall be provided by either personal service or by certified mail, return receipt requested addressed as provided herein. Section 3. Insurance. City shall insure the Loaned Vehicle through City's insurance/self insurance general liability policy. Section 4. Indemnification. Owner shall defend, indemnify and hold harmless City and its elected officials, officers and employees from and against any and all liability, claims, damages, losses, lawsuits and expenses, including attorney fees, arising out of or resulting from the death or injury of a person, or damage to, any property resulting from any act or omission by Owner as it relates to execution or performance of this Agreement, by Owner, and its employees and agents. Section 5. Notice. Any notice required by this Agreement shall be served by depositing in the United States Mail with first-class postage prepaid certified mail, return receipt requested and addressed to the person at the address as listed below, unless written notice is provided for a change of address as to either party. GENERAL MANAGER VP CITY OF REDLANDS Attention: Paul Smith Attention: Lieutenant Russell Dalzell Toyota of Redlands Redlands Police Department 1139 West Redlands Blvd. P.O. Box 1025 Redlands CA 92373 212 Brookside Avenue Redlands, CA 92373 Section 6. Attorneys' Fees. In the event any action is commenced to enforce or interpret any term or condition of this Agreement the prevailing party in such action shall, in addition to any costs and other relief, be entitled to recover its reasonable attorneys' fees. Section 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Section 8. Entire Agreement. This Agreement constitutes the entire agreement between the City and Owner concerning the subject matter hereof, and supersedes all 1) F, prior agreements and understandings whether written or verbal. This Agreement may not be modified or amended except in a writing signed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above. Toyota of Redlands CITY OF REDLANDS President Mayor Dated: Dated: May 6, 2 0 0 3 ATTEST z City Clerk 3