Patrol And Rescue Boat Agreement

Transcription

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2 Patrol And Rescue Boat Agreement TillS AGREEMENT (hereinafter "Agreement") is made and entered into this day of July, 1995, by and between the City Of Ferndale, a municipal corporation, (hereinafter "Ferndale") and Rich N. Peterson (hereinafter "Owner"). WITNESSETH: WHEREAS, Owner owns a certain jet boat, trailer, and related personal property identified as 1994 Alumaweld 16-foot Boat, VIN. AWB11497K394; 1991 Mercury 90 HP, Serial No. OB250137; and 1994 Alumaweld Trailer~ No. 18Y1BASXR (hereinafter "boat"); and WHEREAS, Owner intends to make the boat available from time to time to the Ferndale Police Department for training, search and rescue, personnel water evacuation, and other law enforcement purposes; and,whereas, the Ferndale Police Department desires to use the boat from time to time for official business related to its law enforcement activities; and WHEREAS, the Owner and Ferndale are desirous of entering into an agreement of bailment concerning the use of the Owner's boat for the benefit of Ferndale and the Ferndale Police Department; NOW, THEREFORE, for and in consideration of the premises, mutual convenience, conditions, and undertakings hereinafter contained, the Owner and Ferndale agree, warrant, stipulate, and state as follows: ORIGINAL Page 1 of 6 Pages

3 1. Bailment Agreement. Owner agrees that it shall allow Ferndale, through its officers, agents, or employees, to possess and use the boat from time to time, without charge or fee, for official business of the Ferndale Police Department (including but not limited to training, search and rescue, and personnel water evacuation), subject to the boat's availability as determined at the Owner's sole discretion. Ferndale agrees to possess and use the boat from time to time for official business of the Ferndale Police Department on the terms and conditions contained in this Agreement. 2. Scope and Term. The term of this Agreement shall commence on the day first above written and shall run indefinitely until terminated by either party as provided herein. The Owner and Ferndale agree that this Agreement shall apply to each and every instance and periodic use of the boat by Ferndale for official police business beginning from the time that Ferndale, its officers, agents, or employees take possession and control of the boat until the time that full possession of the boat is restored to the Owner. Notwithstanding anything contained herein to the contrary, this Agreement may be terminated at any time by either party for any reason upon providing written notice to the other of such termination, which termination shall be effective immediately upon delivery of said notice to the other; provided however that in the event the Owner exercises this right to terminate during a period of Ferndale's possession and use of the boat, such termination shall not be effective until Ferndale, in its sole discretion, has concluded the law enforcement activity for which the boat is possessed and the boat has been redelivered to the Owner; provided further that in no event shall such possession and use by Ferndale continue for longer than fourteen (14) days after delivery of the termination notice. 3. Delivery and Acceptance. Delivery of the boat shall be made to Ferndale at the Ferndale Police Department located at 5640 Third Street, Ferndale, Washington 98248, or at such other reasonable location as may be requested by Ferndale, its officers, agents, or employees. Acceptance or retention by Ferndale of the boat shall constitute acknowledgment Page 2 of 6 Pages

4 that the boat was received in the following condition: (DESCRIBE CONDITION OF BOAT) See attached photographs.taken by Officer Randahl Clemenson. Boat condition EXCELLENT. 4. Conditions of Bailment. During the period(s) that Ferndale has the possession, control, or use of the boat, Ferndale shall keep and maintain the boat with proper care so that it shall not be damaged, and Ferndale expressly assumes the liability for all damage or loss to the boat from all causes (natural wear and tear excepted) up to the limit of the value established for the boat by the Owner herein. The parties understand and agree that Owner has established the value of the boat, and that Ferndale hereby agrees to insure the boat against damage or loss from all causes not excepted above up to the value of the boat established herein. 5. Owner's Valuation. The Owner agrees that the value of the boat is $11, Redelivery of the Boat. Unless otherwise agreed by the parties, Ferndale shall promptly redeliver the boat to the Owner in the same condition as received (natural wear and tear excepted) upon the conclusion of each instance of use by Ferndale, which conclusion of use shall be determined in the sole discretion of Ferndale, at the same location as the boat was delivered by the Owner for that instance of use. 7. Registration and Operation of Boat. The Owner shall provide for the registration and licensing of the boat wherever required. During its period(s) of possession and use, Ferndale shall permit the boat to be operated only by competent and qualified officers, agents, or employees of Ferndale, and shall insure that the boat is not subjected to careless or needless rough usage. 8. Maintenance and Warranties. Ferndale and Owner acknowledge and agree that the Owner does not make any warranties, representations, or assurances, express or implied, as to Page 3 of 6 Pages

5 the condition or operational fitness of the boat for its intended purposes and Owner assumes no responsibility for its condition. Further, this Agreement does not impose any duty of repair or maintenance of the boat upon the Owner. However, the Owner agrees to use his best efforts to timely inform Ferndale of any condition of which he is aware which might make the use of the boat perilous to Ferndale or its officers, agents, or employees. 7. Indemnification and Release. Ferndale agrees to indemnify and hold harmless the Owner against all claims and causes of actions in respect of damages or injury to all persons or property which may arise in connection with Ferndale's use, control, or possession of the boat. Further, Ferndale agrees to release and waive all claims or causes of action for all damages of any kind against Owner, its heirs or assigns which may arise by reason of Ferndale's use, control, or possession of the boat. 8. Title. The boat is, and will remain, and at all times shall be deemed to be, the sole and exclusive property of Owner, and Ferndale has no right of property therein. The boat shall not be transferred or delivered to any other person or corporation other than Ferndale, its officers, agents, or employees, without the prior written consent of the Owner, and neither this Agreement nor the bailment established hereby may be assigned by Ferndale, either by its own act or by operation of law. 9. Notices. Any notices or other communications required or permitted by this Agreement or by law to be served on, given to, or delivered to either party, by the other party shall be in writing and shall be deemed duly served, given, or delivered when personally delivered to the party to whom it is addressed or in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, at the following addresses: FERNDALE: City of Ferndale: P.O. Box936 Ferndale, WA OWNER: Rich N. Peterson P.O. Box Bellingham, W A Page 4 of 6 Pages

6 10. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the possession and use of the boat by Ferndale and sets forth all the rights, duties, and obligations of each as to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. All modifications or amendments to this Agreement must be in writing and signed by the parties. 11. Time of the Essence. Time is of the essence of this Agreement. 12. Binding Agreement. This Agreement shall inure to and be binding on the heirs, executors, administrators, successors, and assigns of the parties. IN WITNESS WHEREOF the parties herein have caused this instrument to be signed by their representatives, pursuant to authority duly granted for that purpose, and have executed the same to be effective from and after the day and year first above written. CITY OF FERNDALE OWNER /il;, /_..~----~ -... ~/f.lt~~ Rich N. Petersdn (.. ~ ---- STATE OF WASHINGTON County of Whatcom ss. On this day personally appeared before me, STAN STREBEL, to me known to be the City Manager of THE CITY OF FERNDALE that executed the within and foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of the CITY OF Page 5 of 6 Pages

7 FERNDALE, for the uses and purposes therein mentioned and on oath stated that he is authorized to execute the said instrument. ~ GIVEN under my hand and official seal this_ day of~~ ~"''enea,,,, ~~~,.,. ~ D. S!G,,.,.,~ 7--i:_'',:; " ~.. 0. "s\on J::o:! ~..to..,.~ '::>.~ -r_,...'')'...a~ ill': ~ ::c:l~~ ~... ;~ v f {8 N~~~ ~\ ~(:~ ~ ~ i,,. \~ pueuc Bi ~~OTARY PUBLIC 1{ID1df(); the/ State of..,...,;o.-: o.. ~ / r~ \:q, \.~Afeef\'"';i'(f Washington, residing at cr'l-/j c:l th fit- ~..:~ o":. ~~~ ~-..:> My commission expires -...;~,..%L.:Y/:...::/0~~!:... =-~----,#~ r WA-;;~..,..,.,. ".cr",aana'llt''.., STATE OF WASHINGTON County of Whatcom ss. On this day personally appeared before me, RICH N. PETERS0N, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. ('Y,,::::.. GIVEN under my hand and official seal this o day of_..::::ts::...e~=::<p~~===---' NOTARY PUBLIC in and for the State of Washington, residing at ~cla.f,u My commission expires ill tlf ~3, Jgct?' Page 6 of 6 Pages

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