785-Bill Heard Chevrolet-D.A.R.E. Program
Cu-\ I ~ ~-s
'\(l.. (.. '--_
f)
CITY OF SANFORD/BILL HEARD CHEVROLET
VEHICLE USAGE AGREEMENT
THIS VEHICLE USAGE AGREEMENT, dated as of February 21, 2007, (this
Agreement), is made and entered into by and for the CITY OF SANFORD, whose
address is 300 North Park Avenue, Sanford, FL 32771, ( the "City"), a municipality of
the State of Florida, and BILL HEARD CHEVROLET (Heard), a Florida corporation.
RECITALS
Heard has donated the use of a Chevrolet Trailblazer, VIN #
1GNDS13S862101290, to the City of Sanford for use in their Police Department's
D.A.R.E. Program.
A. The City will take title to the vehicle and provide required insurance and
registration for same during the term of this Agreement and will be solely
responsible for maintaining insurance and renewing any registrations.
B. The City will finance the vehicle through NCCI, for the amount of $21.299.19
C. Heard agrees to timely make the monthly payments of $464.93 on behalf of
the City as required by the finance agreement between the City and NCCI
and hold the City harmless therefrom.
D. The parties acknowledge, however, that the City will not be responsible for
any payments required by the Finance Agreement and shall be held
harmless therefrom.
E. Heard will commence monthly payments with the first payment beginning on
March 28. 2007 and the last payment on February 28. 2008. All monthly
payments must be received by NCCI by the 28th day of each month in
accordance with the Financing Agreement.
I
F. At the end of the twelfth month ending February 28. 2008, the City agrees to
transfer title to the vehicle to Heard and surrender the vehicle to Heard on
said date in good working condition.
G. Heard agrees to accept the title to the vehicle and payoff or otherwise remove
the City from any and all potential financial obligation germane to the
vehicle. Heard agrees to provide payoff information to the City showing
that the financing agreement between the City and NCCI has been fully
satisfied.
H. Upon the surrender of the vehicle to Heard, Heard agrees to release the City
from any and all responsibility germane to the vehicle.
I. The parties acknowledge that Heard will be responsible for the
aforementioned payoff or assignment of the finance agreement upon the
expiration of the twelfth month February 28. 2008.
NOW THEREFORE, in consideration of the premises set forth above and the
promises contained in this Agreement, the sufficiency and receipt of which are hereby
acknowledged by the parties hereto, the parties agree as follows:
1 . The parties hereto acknowledge that the above recitals are a true and
correct representation of the agreements between the parties and that
said recitals are made a part hereof and are binding upon the parties
hereto from the date hereof to the termination of the Agreement.
2. To the extent permitted by law, the City hereby releases Heard from and
against all causes of action, suits, damages and claims whatsoever,
arising from the date of this Agreement until its termination, relating to the
use by the City of Sanford of the motor vehicle loaned to the City by Heard
and any causes of action related to any third parties claims against the
City's use of the vehicle or any other authorized person using said vehicle
during the term of this Agreement.
3. Notwithstanding the foregoing, the City does not, in accordance with
Section 768.28, Florida Statutes, insure or indemnify Heard for any
damages related to negligence in tort or in contract violation.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of
the date set forth above.
CITY OF SANFORD, FLORIDA
a Florida municipal corporation
By: <-QL...~/'O
------
ATTEST:
Date Executed: Z.... Z- f{ --tJ 7 , 2007
::~L H~ET
Its: / y"\ {I
A T~flST:
.M n/!..l~ it
By.; ~7;bA)A. /l ft.Z-1.4/A,!
r'
(' ,
Date Executed: Jt/ d- J,~
,2007
STATE OF FLORIDA )
COUNTY OF ~!,1 Lt.) S I ~) )
I, the undersigned authority, a Notary Public, in and for said State at Large who is
authorized to take acknowledgments, do hereby certify that
5{f; J7 f\.,\ (. iff l(j(C , being duly sworn and whose name as
CJA)"t/<(JLLEi( of Bill Heard Chevrolet, is signed to the foregoing document, and
who is personally known to me, acknowledged before me on this day that, being
informed of the contents of said instrument, he, as such officer and with full authority,
executed the same voluntarily for and as the act of said corporation.
Given under my hand and official seal this..??/{ liay of r:~/!-'2-.tlt:tur/. ,
2007. - (j
01~~tf!' U .;{)~~/~;
NOTARY PU ~~':"'.;
........;..... CAROL A. WHITACRE i'
I~~ .",. MY COMMISSION # DD 406 +'>'1 i}
My commissi' ....re~xPIRES:March 13.200~J
'.~. .' -.: BondedThruNotaryt'Ulll1c>3I,C",::;...
"if, ~ t ~..' ......-
Page 3 of 3