R96-095RESOLUTION R96-.~.~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
DONALD LINDSAY, D/B/A ATLANTIC TOWING
& RECOVERY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Atlantic Towing & Recovery is desirous of donating certain
vehicles to the City of Boynton Beach for law enforcement use; and
WHEREAS, the City is desirous of accepting use of said vehicles for law
enforcement use;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute an
Agreement between the City of Boynton Beach and Donald Lindsay, d/b/a Atlantic
Towing & Recovery, said Agreement being attached hereto as Exhibit "A".
Section 2, This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this ~,~ day of July, 1996.
CITY OF BOYNTON BEACH, FLORIDA
yor
ATTEST:
Ci~ Clerk
(Corporate Seal)
BBPD>Veh/Atlantic
6/27/96
;ommissioner
Commissioner
Co,~issioner
/
/
AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND
DONALD LINDSAY, D/B/A ATLANTIC TOWING & RECOVERY
THIS LEASE AGREEMENT is made and entered into thislSct~ day of
,1996 , by anct between the CITY OF BOYNTON
BEACH, a Florida municipality, hereafter referred to as "CITY", and DONALD
LINDSAY, d/b/a ATLANTIC TOWING &RECOVERY, hereinafter referred to as
"LESSEE".
WlTNESSETH:
WHEREAS, LESSEE is the owner of certain vehicles and is desirous of donating
said vehicles to the City of Boynton Beach for law enforcement use; and
WHEREAS, the CITY is desirous of accepting use of saict vehicles for law
enforcement use;
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. The term of this Agreement shall be for a one (1) year period,
commencing on the date of execution..
2. The Lessee will allow the City (Police Department) the use of certain
vehicles which Lessee has obtained ownership of, at the sole discretion of Lessee, and
for a duration to be determined by Lessee.
3. Lessee will place no restrictions on the use of the vehicles, nor a limit on
the mileage allowed.
4. Lessee does not accept any liability/responsibility for the safety of any
vehicle or its components, while in the use and control of the Boynton Beach Police
Department.
5. City and Lessee agree that that City will not be responsible for any
damage to any donate(d vehicle regardless of severity, cause or fault.
6. The City shall, at its own discretion, repair or maintain any donated
vehicle and shall have complete discretion in accepting or refusing any donated
vehicle.
7. The City shall be solely responsible for determining and assuring that the
vehicles are in a safe operating condition, and assumes all liability arising from the use
or operation of the donated vehicle. Lessee shall not be responsible for any injury,
damage or liability resulting from the City's use or possession of any donated vehicle.
8. This Instrument contains the entire Agreement between the parties. It
may not be changed orally, but only in writing and signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
Witne~ -
Witness/
CITY Of BOYNTON BEACH, FLORIDA
--. .
Mayo~
City Attorney
ATTEST:
AGR.A'dantic/PD
5/20196