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Home My WebLink AboutINTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB (2)-2012JUN 1 8 2014 VEHICLE TRANSFER AGREEMENT THIS AGREEMENT made and entered into this 23 day of- C 2012 by and between SANTA ANA P.D. hereinafter referred to as AGENCY" and the INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB with principal offices at 3333 Fairview Road, Costa Mesa, CA 42625, hereinafter referred to as "EXCHANGE ". RECITALS WHEREAS, the AGENCY desires to acquire a vehicle in order to conduct investigations regarding automobile theft and insurance fraud; and WHEREAS, the 'EXCHANGE lies a vehicle of the appropriate make and model that it is willing to make available for AGENCY to conduct its investigations; NOSY, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties agree as follows: 1. The EXCHANGE shall give the AGENCY the title to and the vehicle currently registered to the EXCHANGE, identification number JN1'DA.31A62T319365 snake /model NISSAN/MAXIMA and year 202 ( "VEHICLE "). The AGENCY shall register the VEHICLE with the Department of Motor Vehicles ( "DMV ") within fourteen (14) business days after this Agreement is omcutod by all parties in its own name or in any other name other than the EXCHANGE and its affiliated companies. Within two (2) days after the AGENCY registers the VEHICLE with the DMV, the AGENCY shall place new and different license plates on the VEHICLE and surrender the original plates to the EXCHANGE or to the DMV as may be required I y raw. The AGENCY is responsible for all DMV few, 2. The AGENCY shall accept VEHICLE "as is" with no guarantees or warranties, The VEHICLE shall only be used by the AGENCY for activities and 'investigations regarding auto theft and /or insurance fraud. However, the EXCHANGE agrees that the operational decisions regarding the deployment of the VEHICLE are within the sole discretion of AGENCY. 3, The transfer of the VEI•IICL,E is effective as of 12/23/1.2 astd. shall terminate on 12123/17, During this period, the AGENCY is responsible for all routine nimmen.ance and repairs on the VEHICLE, 4, Either party may terminate this Agreoment at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 5. The AGENCY shall provide adequate liability and comprehensive insurance coverage for the VEMCL,E, which may be self rosined as provided by California law. The AGENCY shall indemnify, hold harmless, release and defend the EXCHANGE, its agents, officers, directors, governors, employees, affiliated companies and insured from any anal all claims, losses, demands, causes of action, sluts, damages and liabilities, including but not limited to property damage or bodily injury, relating in any way or resulting from any AGENCY employee, agent or contractor's use, operation and/or maintenance of the VEHICLE. The EXCHANGE waives any claims for material damage to the VEHICLE, PolicylClaim 4 G2187368 DOL 09/03/09.On the day after the termination of this Agreement, the AGENCY shall return the VEHICLE, regardless of its condition, to the EXCHANGE at the EXCHANGE's Salvage Lot located at 16920 S. Figueroa Street, Gardena, California. At that time, the AGENCY will give to the EXCHANGE the VEHICLE and its executed title. Thereafter, the EXCI-TANGE will register the VEHICLE with the DMV within fourteen (14) business days after the VEHICLE is retuned in its own name or in any other name other than the AGENCY'S. Within two (2) days after the EXCHANGE registers the VEHICLE with the, DMV, the EXCHANGE surrender the replacement license plates to the AGENCY or to the DMV as required by law. The EXCHANGE is responsible for all DMV fees related to re- registering the VEHICLE, 8. The AGENCY may not assign this Agreement without the express written consent of the EXCHANGE, This Agreemont may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by till parties. ATTEST: ILA MARIA HUIZAR LO Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini ' Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas Acting Chief of Police CITY OF SANTA ANA DAVID, C�AV"A✓ZOS City Manager INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB By: / Its Attorney /in Fact ACSC Management Services, Inc. LQgQ-r (Name)