00-664OR�GINA�.
!3
Council File # 00 — (. (��
Green Sheet# 107�19
RESOLUTION
CITY OF SAINT PAUL, MIlVNESOTA
Presented By:
Referred To: Committee:Date:
i BE TT RESOLVED, that the Saint Paul Police Department is authorized to enter into an agreement
2 wluch includes an indemnification clause, with Zylstra Cycle Company, Inc. to lease Harley Davidson
3 motorcycles. A copy of said ageement is to be kept on file and on record in the Office of Financial
4 Services.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Yeas _ ays Absent Requested by Department of:
Bostrom
Adopted by Council: Date:
Adoption Certified by Council SecYetar�
BY� ��� �� ,
Approved by Mayor: ate: ,,, f� x��Q�
BY� � IYL
Polic
By:
Form Ag� ved City Attorney:
�
By:
Approved by Mayor for Submission to Council:
By: �� i� V�/�`'"'t'�"
hacleydavidsonlease-zylstra
�.
�.
,
DEPARTMENTidFFICECOUNqL DATE INITIATED
Police o�io6ia000 GREEN SHEET No. 107019
CONTACT P R50 & PHONE MmAVOn �NmAVDnTE
WilliamFinney 292-3588 � OEPARi6fEMMRECTOR Y COIFICR
MUST BE ON COUNCIL AG NDA BY (DATE) OO � G�
I L Ia�x/�TTORNEY� �CLERK
�� L.��
�wua.w�SERNGESq0.� �FlIPNG0.LSERY(PCR6
� v �wwTOR(ORASSISTAM) � �n�mwi�RIGNiS
r�i V�
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REqUESTED
Signanues requested on the attached council resolution authorizing the St. Paul Police Department to
enter into an agreement a2th Zylstra G�cle Company, Inc..
RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
1. Has this persoNfirm everworked under a coMract Tor this departmeM?
PLANNING COMMISSION YES No
CIB COMMITTEE 2. Has ihis perso�rm ever been a ciry employee?
C1V1t SERVICE COMMISSION vE5 No
3 Does this persoNhrtn possess a sldll not nortnally possessed by any current city employee?
YES NO
4. Is this personifirtn a targeted vendof!
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY)
The St. Paul Police Department will enter into an agreement with Zy1sVa Cycle Company, Inc. „
to lease Harley Davidson motorcycles to 6e used for ffaffic enforcemen� COt1PlC� ������ r `'��"��"
JUL fl 7 2040
ADVANTAGESIFAPPROVED �
The St. Paul Police Aepartment will be able to enter into the agreement and use the motorcycles � �
for traffic enforcement.
DISADVANTAGESIFAPPROVED
None.
DISADVANTAGESIFNOTAPPROVED
The St. Paul Folice Departrnent will be unable to enter into the agraement.
TOTAL AMOUNT OF TRANSACTION $ see agrEemerit COSTIREVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE G£IIBI2I FIIitfl (OOl� ACTM7Y NOMSER 04000
FINANCIAL INFORMATION (EXPLAIN)
✓
oo- GGy
ZYLSTRA CYCLE COMPANY, TNC.
IIARI,EY-DAVIDSON POLICE MOTORCYCLE
LEASE AGREEMENT
This agreement made and entered into between Zylstra Cycle Company Inc. designated as the
lessor and CITY OF SAINT PAiJL DEPARTMENT OF POLICE, designated as tlie Lessee,
made this 1�` day ofJuly, 2000, for the purpose of leasing to the Lessee 3 Harley-Davidson
motorcycles under the following terms and conditions:
EQL7IPMENT
2000 Harley-Davidson police solo motorcycle with complete description provided on
attached specification sheet. Model # FLHPI.
VIN #
AGREEMENT TERM
This agreement shall be effective as of the date of execution for a period of 12 months.
Motorcycles leased under this Agreement are to be used for Police and related activities
only.
PAYM�NT PERIOD
Lessee shall pay one yearly payment in the amount of $ I.00 plus the bill for the
equipment, uninstalling and re-installing if applicable. Payments include the cost of the
equipr!ment, payment of interest and administrative costs less the residual value of the
motorcycles.
Rental per vehicle shall be payable by the Lessee to Lessor at the signing of this Lease.
4. INSURANC�
The Lessee is a self-insured political subdivision of the State of Minnesota pursuant to
Minnesota Statute 471.951 thereby providing coverage for the full value and use the
motorcycles and providing Workman's Compensation Insurance coverage for a11
employees related to lease and use of the motorcycles.
5. INDEMNITY
00 -"�{
The Lessee shall and does hereby indemnify and save the Lessor harmless from any and
all liability arising out of the leasing, renting, opera6on, control, use, deliver and/or return
of the motorcycles including, but not limited to in}uries causing personal injury, properiy
damage, and/or death, but shall be credited with any amounts received by the Lessor with
respect thereto from liability insurance secured by the Lessee. That indemnification shall
include all costs and expenses including attorney's fees incurred by the Lessor in
connection with any suits or actions resulting from any special liability. This
indemnification shall not be construed as a waiver of the municipal tort liability limits set
forth in Minnesota Statute 466A1 et seq. And any indemnifications made by the Lessee
under this Agreement aze accordingly govemed and limited.
6. LIENS
The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any
mortgage, pledge, lien, chuge, encumbrance or claim on or with respect to the
equipment, except with respect to the respective rights of the Lessor as herein provided.
Lessee shall promptly, at its own expense, take such actions as may be necessary to duly
discharge any such mortgage, pledge, lien, chazge, encumbrance or claim not excepted
above if the same shall arise at any time.
TAXES
The Lessee shall comply with all laws and shall pay all taxes, if any, including, but not
limited to Sales and Use Taxes, Excise Taxes, Personal Property Taxes and Assessments
and Penalties, Licenses, Registration Fees, Freight and Transportation charges, Permits
and any similar chazges imposed on the ownership, possession or use of the motorcycles
during the term of this Agreement.
8. CARE AND USE OF EQUIPMENT
The Lessee at its own cost and expense sha11 maintain the motorcycles in good operating
condition, repair and appearance and protect them from deterioration other than normal
wear and teaz. All repairs and maintenance shall be made at Zylstra Cycle Co. Inc., 1930
East 13t Street, Ames, Iowa, 50010. The Lessee shall use the motorcycles for police and
related activities only, without abuse, and in a manner contemplated by Zylstra Cycle Co.
Inc.; shall not make modifications, alterations or additions to the motorcycles (other than
normal operating accessories or controls) without the written consenY of Zylstra Cycle
Co., Inc. which shall not be unreasonably withheld, Zylstra Cycle Co., Inc. shall have the
right during noxxnal hours to enter the premises where the motorcycles are located in
order to inspect, observe or otherwise protect their interest and the Lessee shall cooperate
in affording them the opportunity to do the same. The Lessee agrees to maintain the
motorcycles pursuant to the Manufacturer's Standard Preventative Maintenance Contract
and/or Recommendations.
9. DAMAGE OR DETERIORATION OF EQUIPMENT
00 -�.��
In the event the equipment is partially damaged or destroyed prior to the end of the
Agreement Terms, the Lessee will promptly have the Equipment repaired and restored to
its original condition and working order for the purposes intended. All repairs shall be
made at Zyistra Cycle Co., Inc., 1930 East 13�` Street, Ames, Iowa, 50010.
10. EVENTS OF DEFAULT AND TZEMEDIES
Lessee shall be deemed to be in default hereunder upon the happening of any of the
following events of default:
a. Lessee shall fail to make any periodic payxnent, or to pay any other payments
required to be paid hereunder, or
b. Lessee shall fail to keep any such other term, covenant or condition contained
herein.
Upon the occurrence of an event of default as specified above, and Lessee shall fail to
remedy such event of default with all reasonable dispatch within a period of thirty (30)
days, Lessor or its assigns shall have the right, at its option without any further demand or
notice, to pursue any one or more of the following remedies:
a. By written notice to Lessee, declare an amount equal to all payments due during
the Agreement Term to be immediately due and payable as liquidated damages
and not as a penalty, whereupon the same shall become immediately due and
payable.
b. Re-enter and take possession of the equipment enforcing this Agreement or
terminating this Agreement, and repossess the Equipment and sell ar lease the
equipment for the account of Lessee, holding Lessee liable ior all payxnents up to
the effective date of such leasing or selling and for the difference in the purchase
price, rental and other amounts paid by the lessee or purchaser pursuant to such
lease or sale and the amounts payable by Lessee hereunder; and
c. Take whatever action at law or in equity may appear necessary or desirable to
collect the payments then due, or to enforce performance and observance of any
obligation, agreement, or covenant of Lessee under this Agreement.
11. DISPOSITION OF EQUIPMENT
Upon termination of this Lease Agreement at the end of the 12-month period, the City of
Saint Paul Police Department will have the option of purchasing the 2000 Harley-
Davidson Motorcycle covered by the Agreement for 1$ 6,995 each, from Zylstra Cycle
Company, Inc. Said disposition will be immediately prior to the end of the Lease
Agreement period.
" ., s . .
,
LESSEE 1 ��J•
� Chief of o'ce, Sa' t Paul
Date �°'a� 1 ��
Mayor, Saint Paul
�.
Date
Director of Financial Services,
Date
Assistant �y Attomey, Saint Paul
Date
s
�
LES �° R �
Zylstra Cycle ompany Inc.
Date / � �� �
�-�—�- �
�� �/C� � � �'��`���,P La `'' ' f".� ��;a.,��t.��'`
�, �•�,. ..� /b`7o��?
D�o - ` � �
n
OR�GINA�.
!3
Council File # 00 — (. (��
Green Sheet# 107�19
RESOLUTION
CITY OF SAINT PAUL, MIlVNESOTA
Presented By:
Referred To: Committee:Date:
i BE TT RESOLVED, that the Saint Paul Police Department is authorized to enter into an agreement
2 wluch includes an indemnification clause, with Zylstra Cycle Company, Inc. to lease Harley Davidson
3 motorcycles. A copy of said ageement is to be kept on file and on record in the Office of Financial
4 Services.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Yeas _ ays Absent Requested by Department of:
Bostrom
Adopted by Council: Date:
Adoption Certified by Council SecYetar�
BY� ��� � �� ,
Approved by Mayor: ate: ,,, f� x��Q�
BY� � IYL
Polic
By:
Form Ag� ved City Attorney:
�
By:
Approved by Mayor for Submission to Council:
By: �� i� V�/�`'"'t'�"
hacleydavidsonlease-zylstra
�.
�.
,
DEPARTMENTidFFICECOUNqL DATE INITIATED
Police o�io6ia000 GREEN SHEET No. 107019
CONTACT P R50 & PHONE MmAVOn �NmAVDnTE
WilliamFinney 292-3588 � OEPARi6fEMMRECTOR Y COIFICR
MUST BE ON COUNCIL AG NDA BY (DATE) OO � G�
I L Ia�x/�TTORNEY� �CLERK
�� L.��
�wua.w�SERNGESq0.� �FlIPNG0.LSERY(PCR6
� v �wwTOR(ORASSISTAM) � �n�mwi�RIGNiS
r�i V�
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REqUESTED
Signanues requested on the attached council resolution authorizing the St. Paul Police Department to
enter into an agreement a2th Zylstra G�cle Company, Inc..
RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
1. Has this persoNfirm everworked under a coMract Tor this departmeM?
PLANNING COMMISSION YES No
CIB COMMITTEE 2. Has ihis perso�rm ever been a ciry employee?
C1V1t SERVICE COMMISSION vE5 No
3 Does this persoNhrtn possess a sldll not nortnally possessed by any current city employee?
YES NO
4. Is this personifirtn a targeted vendof!
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY)
The St. Paul Police Department will enter into an agreement with Zy1sVa Cycle Company, Inc. „
to lease Harley Davidson motorcycles to 6e used for ffaffic enforcemen� COt1PlC� ������ r `'��"��"
JUL fl 7 2040
ADVANTAGESIFAPPROVED �
The St. Paul Police Aepartment will be able to enter into the agreement and use the motorcycles � �
for traffic enforcement.
DISADVANTAGESIFAPPROVED
None.
DISADVANTAGESIFNOTAPPROVED
The St. Paul Folice Departrnent will be unable to enter into the agraement.
TOTAL AMOUNT OF TRANSACTION $ see agrEemerit COSTIREVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE G£IIBI2I FIIitfl (OOl� ACTM7Y NOMSER 04000
FINANCIAL INFORMATION (EXPLAIN)
✓
oo- GGy
ZYLSTRA CYCLE COMPANY, TNC.
IIARI,EY-DAVIDSON POLICE MOTORCYCLE
LEASE AGREEMENT
This agreement made and entered into between Zylstra Cycle Company Inc. designated as the
lessor and CITY OF SAINT PAiJL DEPARTMENT OF POLICE, designated as tlie Lessee,
made this 1�` day ofJuly, 2000, for the purpose of leasing to the Lessee 3 Harley-Davidson
motorcycles under the following terms and conditions:
EQL7IPMENT
2000 Harley-Davidson police solo motorcycle with complete description provided on
attached specification sheet. Model # FLHPI.
VIN #
AGREEMENT TERM
This agreement shall be effective as of the date of execution for a period of 12 months.
Motorcycles leased under this Agreement are to be used for Police and related activities
only.
PAYM�NT PERIOD
Lessee shall pay one yearly payment in the amount of $ I.00 plus the bill for the
equipment, uninstalling and re-installing if applicable. Payments include the cost of the
equipr!ment, payment of interest and administrative costs less the residual value of the
motorcycles.
Rental per vehicle shall be payable by the Lessee to Lessor at the signing of this Lease.
4. INSURANC�
The Lessee is a self-insured political subdivision of the State of Minnesota pursuant to
Minnesota Statute 471.951 thereby providing coverage for the full value and use the
motorcycles and providing Workman's Compensation Insurance coverage for a11
employees related to lease and use of the motorcycles.
5. INDEMNITY
00 -"�{
The Lessee shall and does hereby indemnify and save the Lessor harmless from any and
all liability arising out of the leasing, renting, opera6on, control, use, deliver and/or return
of the motorcycles including, but not limited to in}uries causing personal injury, properiy
damage, and/or death, but shall be credited with any amounts received by the Lessor with
respect thereto from liability insurance secured by the Lessee. That indemnification shall
include all costs and expenses including attorney's fees incurred by the Lessor in
connection with any suits or actions resulting from any special liability. This
indemnification shall not be construed as a waiver of the municipal tort liability limits set
forth in Minnesota Statute 466A1 et seq. And any indemnifications made by the Lessee
under this Agreement aze accordingly govemed and limited.
6. LIENS
The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any
mortgage, pledge, lien, chuge, encumbrance or claim on or with respect to the
equipment, except with respect to the respective rights of the Lessor as herein provided.
Lessee shall promptly, at its own expense, take such actions as may be necessary to duly
discharge any such mortgage, pledge, lien, chazge, encumbrance or claim not excepted
above if the same shall arise at any time.
TAXES
The Lessee shall comply with all laws and shall pay all taxes, if any, including, but not
limited to Sales and Use Taxes, Excise Taxes, Personal Property Taxes and Assessments
and Penalties, Licenses, Registration Fees, Freight and Transportation charges, Permits
and any similar chazges imposed on the ownership, possession or use of the motorcycles
during the term of this Agreement.
8. CARE AND USE OF EQUIPMENT
The Lessee at its own cost and expense sha11 maintain the motorcycles in good operating
condition, repair and appearance and protect them from deterioration other than normal
wear and teaz. All repairs and maintenance shall be made at Zylstra Cycle Co. Inc., 1930
East 13t Street, Ames, Iowa, 50010. The Lessee shall use the motorcycles for police and
related activities only, without abuse, and in a manner contemplated by Zylstra Cycle Co.
Inc.; shall not make modifications, alterations or additions to the motorcycles (other than
normal operating accessories or controls) without the written consenY of Zylstra Cycle
Co., Inc. which shall not be unreasonably withheld, Zylstra Cycle Co., Inc. shall have the
right during noxxnal hours to enter the premises where the motorcycles are located in
order to inspect, observe or otherwise protect their interest and the Lessee shall cooperate
in affording them the opportunity to do the same. The Lessee agrees to maintain the
motorcycles pursuant to the Manufacturer's Standard Preventative Maintenance Contract
and/or Recommendations.
9. DAMAGE OR DETERIORATION OF EQUIPMENT
00 -�.��
In the event the equipment is partially damaged or destroyed prior to the end of the
Agreement Terms, the Lessee will promptly have the Equipment repaired and restored to
its original condition and working order for the purposes intended. All repairs shall be
made at Zyistra Cycle Co., Inc., 1930 East 13�` Street, Ames, Iowa, 50010.
10. EVENTS OF DEFAULT AND TZEMEDIES
Lessee shall be deemed to be in default hereunder upon the happening of any of the
following events of default:
a. Lessee shall fail to make any periodic payxnent, or to pay any other payments
required to be paid hereunder, or
b. Lessee shall fail to keep any such other term, covenant or condition contained
herein.
Upon the occurrence of an event of default as specified above, and Lessee shall fail to
remedy such event of default with all reasonable dispatch within a period of thirty (30)
days, Lessor or its assigns shall have the right, at its option without any further demand or
notice, to pursue any one or more of the following remedies:
a. By written notice to Lessee, declare an amount equal to all payments due during
the Agreement Term to be immediately due and payable as liquidated damages
and not as a penalty, whereupon the same shall become immediately due and
payable.
b. Re-enter and take possession of the equipment enforcing this Agreement or
terminating this Agreement, and repossess the Equipment and sell ar lease the
equipment for the account of Lessee, holding Lessee liable ior all payxnents up to
the effective date of such leasing or selling and for the difference in the purchase
price, rental and other amounts paid by the lessee or purchaser pursuant to such
lease or sale and the amounts payable by Lessee hereunder; and
c. Take whatever action at law or in equity may appear necessary or desirable to
collect the payments then due, or to enforce performance and observance of any
obligation, agreement, or covenant of Lessee under this Agreement.
11. DISPOSITION OF EQUIPMENT
Upon termination of this Lease Agreement at the end of the 12-month period, the City of
Saint Paul Police Department will have the option of purchasing the 2000 Harley-
Davidson Motorcycle covered by the Agreement for 1$ 6,995 each, from Zylstra Cycle
Company, Inc. Said disposition will be immediately prior to the end of the Lease
Agreement period.
" ., s . .
,
LESSEE 1 ��J•
� Chief of o'ce, Sa' t Paul
Date �°'a� 1 ��
Mayor, Saint Paul
�.
Date
Director of Financial Services,
Date
Assistant �y Attomey, Saint Paul
Date
s
�
LES �° R �
Zylstra Cycle ompany Inc.
Date / � �� �
�-�—�- �
�� �/C� � � �'��`���,P La `'' ' f".� ��;a.,��t.��'`
�, �•�,. ..� /b`7o��?
D�o - ` � �
n
OR�GINA�.
!3
Council File # 00 — (. (��
Green Sheet# 107�19
RESOLUTION
CITY OF SAINT PAUL, MIlVNESOTA
Presented By:
Referred To: Committee:Date:
i BE TT RESOLVED, that the Saint Paul Police Department is authorized to enter into an agreement
2 wluch includes an indemnification clause, with Zylstra Cycle Company, Inc. to lease Harley Davidson
3 motorcycles. A copy of said ageement is to be kept on file and on record in the Office of Financial
4 Services.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Yeas _ ays Absent Requested by Department of:
Bostrom
Adopted by Council: Date:
Adoption Certified by Council SecYetar�
BY� ��� � �� ,
Approved by Mayor: ate: ,,, f� x��Q�
BY� � IYL
Polic
By:
Form Ag� ved City Attorney:
�
By:
Approved by Mayor for Submission to Council:
By: �� i� V�/�`'"'t'�"
hacleydavidsonlease-zylstra
�.
�.
,
DEPARTMENTidFFICECOUNqL DATE INITIATED
Police o�io6ia000 GREEN SHEET No. 107019
CONTACT P R50 & PHONE MmAVOn �NmAVDnTE
WilliamFinney 292-3588 � OEPARi6fEMMRECTOR Y COIFICR
MUST BE ON COUNCIL AG NDA BY (DATE) OO � G�
I L Ia�x/�TTORNEY� �CLERK
�� L.��
�wua.w�SERNGESq0.� �FlIPNG0.LSERY(PCR6
� v �wwTOR(ORASSISTAM) � �n�mwi�RIGNiS
r�i V�
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REqUESTED
Signanues requested on the attached council resolution authorizing the St. Paul Police Department to
enter into an agreement a2th Zylstra G�cle Company, Inc..
RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
1. Has this persoNfirm everworked under a coMract Tor this departmeM?
PLANNING COMMISSION YES No
CIB COMMITTEE 2. Has ihis perso�rm ever been a ciry employee?
C1V1t SERVICE COMMISSION vE5 No
3 Does this persoNhrtn possess a sldll not nortnally possessed by any current city employee?
YES NO
4. Is this personifirtn a targeted vendof!
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY)
The St. Paul Police Department will enter into an agreement with Zy1sVa Cycle Company, Inc. „
to lease Harley Davidson motorcycles to 6e used for ffaffic enforcemen� COt1PlC� ������ r `'��"��"
JUL fl 7 2040
ADVANTAGESIFAPPROVED �
The St. Paul Police Aepartment will be able to enter into the agreement and use the motorcycles � �
for traffic enforcement.
DISADVANTAGESIFAPPROVED
None.
DISADVANTAGESIFNOTAPPROVED
The St. Paul Folice Departrnent will be unable to enter into the agraement.
TOTAL AMOUNT OF TRANSACTION $ see agrEemerit COSTIREVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE G£IIBI2I FIIitfl (OOl� ACTM7Y NOMSER 04000
FINANCIAL INFORMATION (EXPLAIN)
✓
oo- GGy
ZYLSTRA CYCLE COMPANY, TNC.
IIARI,EY-DAVIDSON POLICE MOTORCYCLE
LEASE AGREEMENT
This agreement made and entered into between Zylstra Cycle Company Inc. designated as the
lessor and CITY OF SAINT PAiJL DEPARTMENT OF POLICE, designated as tlie Lessee,
made this 1�` day ofJuly, 2000, for the purpose of leasing to the Lessee 3 Harley-Davidson
motorcycles under the following terms and conditions:
EQL7IPMENT
2000 Harley-Davidson police solo motorcycle with complete description provided on
attached specification sheet. Model # FLHPI.
VIN #
AGREEMENT TERM
This agreement shall be effective as of the date of execution for a period of 12 months.
Motorcycles leased under this Agreement are to be used for Police and related activities
only.
PAYM�NT PERIOD
Lessee shall pay one yearly payment in the amount of $ I.00 plus the bill for the
equipment, uninstalling and re-installing if applicable. Payments include the cost of the
equipr!ment, payment of interest and administrative costs less the residual value of the
motorcycles.
Rental per vehicle shall be payable by the Lessee to Lessor at the signing of this Lease.
4. INSURANC�
The Lessee is a self-insured political subdivision of the State of Minnesota pursuant to
Minnesota Statute 471.951 thereby providing coverage for the full value and use the
motorcycles and providing Workman's Compensation Insurance coverage for a11
employees related to lease and use of the motorcycles.
5. INDEMNITY
00 -"�{
The Lessee shall and does hereby indemnify and save the Lessor harmless from any and
all liability arising out of the leasing, renting, opera6on, control, use, deliver and/or return
of the motorcycles including, but not limited to in}uries causing personal injury, properiy
damage, and/or death, but shall be credited with any amounts received by the Lessor with
respect thereto from liability insurance secured by the Lessee. That indemnification shall
include all costs and expenses including attorney's fees incurred by the Lessor in
connection with any suits or actions resulting from any special liability. This
indemnification shall not be construed as a waiver of the municipal tort liability limits set
forth in Minnesota Statute 466A1 et seq. And any indemnifications made by the Lessee
under this Agreement aze accordingly govemed and limited.
6. LIENS
The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any
mortgage, pledge, lien, chuge, encumbrance or claim on or with respect to the
equipment, except with respect to the respective rights of the Lessor as herein provided.
Lessee shall promptly, at its own expense, take such actions as may be necessary to duly
discharge any such mortgage, pledge, lien, chazge, encumbrance or claim not excepted
above if the same shall arise at any time.
TAXES
The Lessee shall comply with all laws and shall pay all taxes, if any, including, but not
limited to Sales and Use Taxes, Excise Taxes, Personal Property Taxes and Assessments
and Penalties, Licenses, Registration Fees, Freight and Transportation charges, Permits
and any similar chazges imposed on the ownership, possession or use of the motorcycles
during the term of this Agreement.
8. CARE AND USE OF EQUIPMENT
The Lessee at its own cost and expense sha11 maintain the motorcycles in good operating
condition, repair and appearance and protect them from deterioration other than normal
wear and teaz. All repairs and maintenance shall be made at Zylstra Cycle Co. Inc., 1930
East 13t Street, Ames, Iowa, 50010. The Lessee shall use the motorcycles for police and
related activities only, without abuse, and in a manner contemplated by Zylstra Cycle Co.
Inc.; shall not make modifications, alterations or additions to the motorcycles (other than
normal operating accessories or controls) without the written consenY of Zylstra Cycle
Co., Inc. which shall not be unreasonably withheld, Zylstra Cycle Co., Inc. shall have the
right during noxxnal hours to enter the premises where the motorcycles are located in
order to inspect, observe or otherwise protect their interest and the Lessee shall cooperate
in affording them the opportunity to do the same. The Lessee agrees to maintain the
motorcycles pursuant to the Manufacturer's Standard Preventative Maintenance Contract
and/or Recommendations.
9. DAMAGE OR DETERIORATION OF EQUIPMENT
00 -�.��
In the event the equipment is partially damaged or destroyed prior to the end of the
Agreement Terms, the Lessee will promptly have the Equipment repaired and restored to
its original condition and working order for the purposes intended. All repairs shall be
made at Zyistra Cycle Co., Inc., 1930 East 13�` Street, Ames, Iowa, 50010.
10. EVENTS OF DEFAULT AND TZEMEDIES
Lessee shall be deemed to be in default hereunder upon the happening of any of the
following events of default:
a. Lessee shall fail to make any periodic payxnent, or to pay any other payments
required to be paid hereunder, or
b. Lessee shall fail to keep any such other term, covenant or condition contained
herein.
Upon the occurrence of an event of default as specified above, and Lessee shall fail to
remedy such event of default with all reasonable dispatch within a period of thirty (30)
days, Lessor or its assigns shall have the right, at its option without any further demand or
notice, to pursue any one or more of the following remedies:
a. By written notice to Lessee, declare an amount equal to all payments due during
the Agreement Term to be immediately due and payable as liquidated damages
and not as a penalty, whereupon the same shall become immediately due and
payable.
b. Re-enter and take possession of the equipment enforcing this Agreement or
terminating this Agreement, and repossess the Equipment and sell ar lease the
equipment for the account of Lessee, holding Lessee liable ior all payxnents up to
the effective date of such leasing or selling and for the difference in the purchase
price, rental and other amounts paid by the lessee or purchaser pursuant to such
lease or sale and the amounts payable by Lessee hereunder; and
c. Take whatever action at law or in equity may appear necessary or desirable to
collect the payments then due, or to enforce performance and observance of any
obligation, agreement, or covenant of Lessee under this Agreement.
11. DISPOSITION OF EQUIPMENT
Upon termination of this Lease Agreement at the end of the 12-month period, the City of
Saint Paul Police Department will have the option of purchasing the 2000 Harley-
Davidson Motorcycle covered by the Agreement for 1$ 6,995 each, from Zylstra Cycle
Company, Inc. Said disposition will be immediately prior to the end of the Lease
Agreement period.
" ., s . .
,
LESSEE 1 ��J•
� Chief of o'ce, Sa' t Paul
Date �°'a� 1 ��
Mayor, Saint Paul
�.
Date
Director of Financial Services,
Date
Assistant �y Attomey, Saint Paul
Date
s
�
LES �° R �
Zylstra Cycle ompany Inc.
Date / � �� �
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