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HomeMy WebLinkAboutContracts & Agreements_158-2018Commercial Mobile systems (8j, Saps, Leasing $ Service of Mobile and Modular Structures (800) 788-2502 Commercial Mobile Systems P O Box 790 Riverside, CA 92501 Phone (951) 788-2500 Email chr[s@mobileoffices com Salesperson Quote # Date August 20, 2018 Quotation 1 Agreement Effective date September 5, 2018 COMMERCIAL MOBILE SYSTEMS herein called "Lessor' in consideration of the conditions and stipulations hereinafter set forth hereby let and lease the equipment described below to Client City of Redlands Attn Louie Miranda Billing address P 0 Box 3005 City State Zip Redlands CA 92373 Phone 909-798-7525 Delivery address California Street Landfill 2151 Nevada St Redlands CA Monthly invoice Rent sales tax and insurance waver $383.25 NOTE This is a one-year lease that can be renewed up to one additional year WHEREBY IT IS AGREED AS FOLLOWS The Owner leases to the Lessee hereby rents from the Owner the Equipment described below together with any parts and accessories alterations additions or improvements now or hereafter affixed hereto (the Equipment) for the ,minimum number of months set out below (the "Terms") commencing on the "Start Date and subject to the terms and conditions set out in this lease including those printed on the back of the page, Lessee May continue to lease the equipment designated herein after the expiration date under the terms and conditions paragraph 11 reverse side. A written notice of termination by lessee thirty (30) days nor to termination date is re u€red on all leases. Building I Equipment size 10x30 27n RenVLease term 12 -Month Serial # TBD Monthly Rent/Lease rate: $300 Unit # TBD Monthly Insurance waiver $60 Insurance value $33,000 Fees $Q THE TERMS AND CONDITIONS SET FORTH ON THE BACK OF THIS SHALL BE READ WITH AND FORM PART OF THIS LEASE Lessee shall be liable for any damages caused to the leased equipment and will pay cleanup charges for each unit not returned in clean condition, to be paid forthwith upon return of the equipment *I€ applicable, amount to be assessed at time of completion Condition at time of acceptance and release by Lessee shall be noted on Lessor's INSPECTION REPORT Lessee must also provide a Certificate of Insurance covering paragraph No.8 on the reverse side of this aareement. By signing this agreement client understands that this is a binding agreement for the rentalilease as listed bove and per the terms and conditions attached Xinitial for condition of lease attachment 11 V Authorized Agent Approval aul W Foster, Mayor Attest �C.elr.Jt,�X(41�� — Je e Donaldson, City Clerk Applicable sales tax will apply] ADDITIONAI. RF I.=iRKS First and last month rent, deliver, return, and ani options cost due at lease signing Sales tax applies to all services including* transport. *TIE DOWNS, $1?5 FACH €f purchased and installed at the tune of dclivery (Tic downs are a safety item required by buildnte departments to keep the office on its foundation in the event of an earthquake or high winds) * Security liars are provided at no charge if ordered bcforc dclivoy *Stairs are loaned and onl} 30' tall regardless of finish floor height effected by site crindmon- ADA stairs and ramp rental available ORDERS BASED ON AVAILABILITY PRICING VALID FOR iii DAYS DH lVERY AN]_) S[ 1 UP QU[71 ATION .ASSLSMI-;, THA IDI-IJVF.R! illi. IS LEVEL C'€)*�fPAC'T,��l?.ACC'[SS3FtL ESC PTii3�.aLSIT[(<)vDiTIC)�5 MA) MARRAN1'ADD i €()NAI.[ iIAR6L, "(. HY GSE Pt:RMITS JMAI B' RLC 1.rIRLD' AND ARL NOT PRU4IDED RY( NIS COMPPLEHE1v51VE PH) SICAI DAN1ACIE INSLIR,4V('E TO FSE PR(IVIDLD Bl LESSEE ORA 1`'A11%t.R (':1ti 13I- Sl?Pl'l.,ll-[) I�ElR Sfi() Pl.._[t �9f)l� l f3 In addition to payment of rentals as provided on reverse side, the following Is agreed to 1 Taxes, Fees and E=xpenses In addition to the rental payments provided for herein lessee shall pay all costs expenses fees and charges incurred in connection with the leased equipment and the title thereto, the use and operation thereof during the term hereof, tolls, fines, servicing costs sales taxes use taxes personal property and other ad valerom taxes and all assessments and other governmental charges whatsoever and by whomsoever payable on said leased equipment or on the use, ownership, possession, rental, shipment transportation, delivery, or operation thereof However, lessor shall pay licensing and registration fees and federal or state net income taxes against lessor on or measured by rentals payable hereunder or the net income therefrom Lessee shall reimburse lessor upon demand for the full amount of any costs, expenses, taxes, fees, or other charges paid by lessor which constitute an obligation of lessee hereunder 2 Delivery by Lessor Lessor shall not be liable to less for any failure or delay in obtaining the leased equipment or making delivery thereof By taking delivery thereof lessee acknowledges that the leased equipment is in good operating order, repair, working condition, and is fit for the purpose for which it is leased 3 Lawful Use, Assignment, and Subletting Lessee shall use or permit the use of the leased equipment only for lawful purposes and shall keep it at the location provided hereinabove during the term of this lease The leased equipment shall beat all times used and operated in compliance with all laws of any jurisdiction in which it is located Lessee shall not assign transfer sublet or in any way assign its rights hereunder and shall not pledge permit to liened mortgage hypothecate or otherwise encumber or charge its rights or interest hereunder 4 Inspection by Lessor Lessor may inspect the leased equipment at any reasonable time subject to security regulations of any agency of the United States and shall have the right to post any notice of non responsibility or any other notice protecting its interests 5 Indemnity Lessee does hereby indemnify lessor, its agents, and employees, harmless of and from any and all losses, damages, claims, demands, or liability of any kind or nature whatsoever including legal expenses and attorney's fees arising from the use condition or operation of the leased equipment and by whomsoever used or operated, during the term hereof The indemnification and hold harmless shall continue in full force and effect during the entire term of this lease notwithstanding the surrender of possession poor to the expiration hereof 6 Accidents and Claims Lessee shall within 24 hours after any causality involving the leased equipment notify lessor by telephone, and within 48 hours notify lessor in writing Said report shall state the time, place, and nature of the event, the damage sustained, the names and addresses of persons involved, persons injured, and witnesses, and any other information relating to said event and it shall promptly forward to lessor all correspondence notices or documents received in connection with any claim or demand relating the leased equipment its operation, and shall aid in the investigation and defense of such claims and demands Nothing herein shall be deemed to modify the provisions of paragraph 5 above, in which lessee holds lessor harmless and indemnifies lessor against all these matters and lessor shall have no responsibility to take any action whatever in the event of such casualty 7 Maintenance Damage, and Destruction Lessee shall at its own expense at all times keep the leased equipment in good and efficient working order, condition, and repair, and shall further install, keep, and maintain thereon such identification of ownership as lessor may require Lessee shall bear the risk of damage theft or destruction of the leased equipment from every cause and shall make all replacements repairs or substitution of parts or equipment thereon at its expense, all of which shall constitute an accession to the leased equipment, and title thereof shall vest and remain in lessor Should the leased equipment become damaged by any reason and be capable of repair lessor shall repair the same at lessee's expense or at lessor's option lessee shall repair the same at lessee's expense to lessors specifications as quickly as circumstances permit Repairs will be made at full repair or replacement cost as of the day the loss or damage is incurred Lessee responsible for utility connection to site with adequate volts and amps, generators are not permitted and can damage HVAC 8 Insurance Lesee shall furnish Lessor with a Certificate of Insurance of the leased equipment at Lesee's own expense in the following amounts of coverage full replacement cost physical damage from all sources combined single limit bodily injury and property damage, Commercial Mobile Systems shall be named as additional insured as respect to this lease All risk of physical loss from all sources Insurance to be on full replacement cost basis and lessor to be named as additional named insured Lessee shall furnish lessor with certificates of insurance as respects to bodily injury and property damage liability in the minimum amount of $500 000 combined single limit bodily injury and property damage Insurance waiver has a $1 000 deductible and excludes total loss or office contents 9 Signs andfor Modifications No signs to be painted on or affixed to exterior or interior, nor any modifications be done by Lessee to exterior or interior without written permission of Lessor 10 Default lessee is responsible for the full term cost of the lease approved regardless of date of return If lessee shall default in the payment of any installment or rent or any other amount payable hereunder by lessee, or if lessee fails to comply with any other terns, covenants, or conditions herein on its part to be kept or performed, or if lessee or its creditors files for relief under any bankruptcy or similar taw for relief of debtors, or if lessee shall make any assignment for the benefit of creditors or if a receiver be appointed to take possession of any of the assets of lessee then and in that event lessor may at its option terminate lessee s right to possession of the leased equipment by giving written notice to lessee The leased equipment and any rights of the lessee therein shall thereupon be surrendered to lessor and lessor may take possession thereof and is hereby authorized by lessee to enter upon any premises of lessee without notice for the purpose of taking possession of the leased equipment Lessor shall retain all rents and any other amounts paid by lessee hereunder Repossession by lessor or the surrender of the leased equipment to the lessor shall not affect the right of the lessor to recover from lessee any and all damages which lessor shall have sustained by reason of the breach of any covenants terns or conditions thereof Lessee shall continue to be responsible for the rental payments provided for herein for the remainder of the term of the lease and for the payment of any other amounts to be made by it hereunder Lessor may (a) rellet the leased equipment or any portion thereof for such rental amounts as it deems advisable, and after deducting its costs and expenses in such reletting, may apply any net proceeds received to the amounts payable by lessee hereunder or (b) sell the leased equipment or any potion thereof and after deducting its costs and expenses in connection with said sale or sales, apply the net proceeds thereof to the amounts payable by the lessee hereunder, and lessee shall pay any deficiency as determined by the amount of net proceeds of said sale or reletfing is less than the amounts to be paid by lessee hereunder, or (c) cancel and terminate lease In addition to any other remedies provided for herein lessor may recover from lessee the worth at the time of the termination of the lease of the excess of the amount of rent and charges equivalent to rent reserved herein for the remainder of the term of the lease over the then reasonable rental value of the leased equipment for the remainder of the stated term and lessor shall have all other remedies in its favor existing in law equity or bankruptcy and the other remedies herein shall be deemed to be cumulative and not exclusive In the event lessee shall default hereunder lessor shall be entitled to recover from lessee, in addition to all other items of damages, all costs and expenses, including court costs and attorney's fees actually incurred in the event suit is filed by lessor to enforce its rights and remedies hereunder 11 Miscellaneous Time is of the essence of this lease This lease shall be construed and interpreted under the laws of the State of California, and may be signed in any number of counterparts and each shall constitute a duplicate original The parties agree to execute or if required acknowledge such further counterparts hereof or a copy thereof in any public office of the United States or any state or political subdivision, and lessee agrees to pay the fees or charges imposed by law for any such mandatory filing or recording as well as the amount of any stamps or documentary taxes federal or state levied or assessed on the lease The relationship between parties hereto is that of lessor and lessee and lessee's only interest as lessee The leased equipment shall remain personal property regardless of its use or manner of attachment to realty The holding over the leased equipment by lessee after the expiration of the term provided for herein shall not constitute a renewal of the term or any portion thereof as a waiver of any lessor's right hereunder and lessor may take possession of the leased equipment at any time after the end of the term without notice Any holding over after the expiration of the term with the consent of the lessor shall be deemed to be a tease from month to month, and shall be at the same terms and conditions as provided for herein, unless renewal lease is executed by both parties in writing This agreement constitutes the entire understanding of the parties and any change or modification shall be in writing and signed by both parties hereto 12 Notices All notices required under the term and provisions of the lease shall be in writing and such notices shall become effective when deposited in the United States mail, with proper postage prepaid, addressed to the parties at such respective addresses appearing herein, or at such other addresses either party may from time to time notify the other in writing