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R06-095 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. R06- 0 9.$- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE KAWASAKI JET SKI WATERCRAFT LOAN AGREEMENT FORM BETWEEN THE CITY OF BOYNTON BEACH AND MOTORS PORTS OF DELRA Y FOR THE CONGRESSIONAL PERSONAL WATERCRAFT LOAN PROGRAM AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Kawasaki Motors Corp. USA has a program that loans watercraft to 16 public safety agencies to aid in water rescue activities during typical boating seasons; and 17 WHEREAS, Boynton Beach Fire Rescue Department has been approved to receive 18 one of these watercraft devices for an eleven month period; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon 20 recommendation of staff, deems it to be in the best interests of the residents and citizens of 21 the City of Boynton Beach to approve the Kawasaki Jet Ski Watercraft Loan Agreement 22 between the City of Boynton Beach and Motorsports of Delray, a copy of which is attached 23 hereto as Exhibit "A". 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section I. Each Whereas clause set forth above IS true and correct and 27 incorporated herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby approve and authorize the City Manager and City Clerk to execute the Kawasaki Jet 30 Ski Watercraft Loan Agreement between the City of Boynton Beach and Motorsports of S:\CA\RESO\Agreements\Kawasaki Jet Ski Agreement-Fire Rescue.doc " Delray for the Congressional Personal Watercraft Loan Program, a copy of which is attached 2 hereto and made a part hereof as Exhibit "A". 3 Section 3. That this Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this I ~ 'k. day of May, 2006. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 26 27 28 (Corporate Seal) 29 30 31 32 33 CITY OF BOYNTON BEACH, FLORIDA / ......_~. --.. ..,....-.- '--~:~~ ,/ oner J<<~j? ~~7 /.. Commissioner ~~ (. -:;~ Commissioner S:\CA\RESO\Agreements\Kawasaki Jet Ski Agreement~Fire Rescue.doc 01;27/:!OOIi 12:;\,S FAX 04B4605600 K:\\\,-\S.\K I MOTORS 1 IiIJ 005 '008 Kawasaki Motors Corp., u.s.A.fo to -0 q.s- KAWASAKI JET SKI!!> WATERCRAFT LOAN AGREEMENT FORM PUBIJC AFFAIRS DEPARTMENT APPROVAL REQUIRED, Plior to the dealer's Issuance of product to requesting agency, DEALERSHIP DEALER NO. Motors arts of Delra ADOOESS 1900 N. Federal Hi hwa CrTY/STATEJZIP Delray Beach, FL TELEPHONE NUMBER FAX NUMBER 1561 ) 997-6400 i 561 ) 274-9075 DEALER AGREES, . to provide. at no cos1 to the Borrowing Agency ("Borrower"), for the borrower's exclusive use, Kawasakf JET SKI watercraft for the period specified herein; . to prIlpMI lFId seMce sucll _ i1 l>::COrdance wIIh mllI1liadu"",s spociIblIb 6 pOOr to daIiYely to requesllng agen:y; . to provtie basic maintenance under normal condmons of wear on the watercraft during the loan period atxDal:llSt to the borrower unless otherNlse jP9ClfIed. *Borrower pays 'for serVlces INSTRUCTIONS TO DEALER . Complete application and obtain required signatlJres. . Identify model and hullldentlfk:ation numbers. Year Model I. 2006 2. HullldenUficetlon Number' KAW 40248H506 .Suppy HIN for units in dealer inventory or check here 0 tf units are on order, . Check, here n you want 10 order unlt(s) from KMC (depending on avaIlehlllty), 0 . Loan period (3 months minimum to 11 months maximum) From to Mail original loan agreement form and original letter trom the Borrower to: Kawasaki Motors Corp" U.SA PublIcA1lairs P.O,l3ol<25252 SanUl Ana, CalItomIa 92799-5252 BORROWING AGENCY Boynton Beach Fire Rescue ADDRESS 100 E. Bo nton Beach Blvd. GIT'f/STATE/ZIP Bo nton Beach FL TELEPHONE NUMBER 6 74 -6 2 AGENCY COrlTACT EMAll carterr@ci.boynton-beach.fl.us BORROWING AGENCY ("BORROWER") AGREES: . thet the watercreft will be used exclusively for purposes dlrectty retatOO to the a.gency's mission or role in patrol, enforcement, rescue, or education: . lhat the watercraft will be used exclusively by persons who have received instruction In the proper operation of the watercraft; . to perform normal and necesS8IY "owner" maintenance, as described in the Owner's Manual for the watercraft unless such maintenance is. by agreement of dealer, to be performed by dealer. . to exercise appropriate care to protect the watercraft from damage or deterioration; . to pay for repair of damage or deterioration which exceeds normal wear and teat; . to return the watercraft to the dealer promptly at the end of the loan peliod; . to prll\'ide and mainlaln at its own expense Bodily Injury and Property Damage LIeblllty Insurance oovenng the use of the watercraft during the lime the watercraft is In the possession of the Borrower. and to submit a CertlllC8te of lnaurance to Deeler and Kawll88kl wlthln ten (10) days from _pt 01 the wallf'Cl'llft; . to release, hold harmless and Indemnify the Dealer, Kawasaki Mot"'" Corp.. U.S.A. ("KMCl and ell affiliated companieS from and egalnst any and all liability by any party, including atlorney's fees and expenses, arising oul of the use or operation of the loaned watercraft. The undersigned is authorized to execute this agreement on behalf of the Borrower. OEALERSlGNA'rURf This eement shall take etfecI when 51 ned authorized 868f1tatlwe of the dealer and tho borrowilf. NAME & TITlE ~PlEA5E PfUHn BORROWING NJENCV SIG~TlIRE SSNER, CITY MANAGER FOR "u" "<E ONLY: lIofUn~ I Aul'tlottzed": DJte: - I.AI,..,........": ""....N.~li'f.): 1M. Nowlmet"!.I: Hl'w Involc8 0111 I8PM DOle: IIp,_ fmlcI: IAue""C',Yf$Urvey: 1fM/P1l; IM.ledItDlr: Adclld to DB: os p.i>'llQd i~ U:$ "'. S PAEPRESSDr,fFORMS (l!> 1'!Jll()(: """ CITY ATTORNEY