HomeMy Public PortalAbout2011.11.01 CESCO John Deere Equipment Rental Contract.o
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911
2000 E. Overland Road
Meridian, ID 83642
(208) 888-1017
[ESE
vwwd.cescoequip.com
26 East 300 South
Jerome, ID 83338
(208) 324-8300
1
13886 Hwy 55
McCall, ID 83638
(208) 634-3903
CITY OF MCCALL
216 E PARK STREET
MCCALL, ID
83638
JOB SITE: 085
CITY OF MCCALL
216 E PARK STREET
MCCALL, ID
83638
JOHN DEERE
Branch
03 — LUE
CORK
Date
11/08/2011
Time
15:13:02 (Il
Page
1
Account No.
MCCAL001
Phone No.
2086347142
Contract No.
Ship Via
Purchase Order
RICK
Salesperson
038
RENTAL CONTRACT
DESCRIPTION
C O N T R A C T #: 000732
MOT2-Mg772 772D MOTOR GRADER
Stock #: MG7091 Serial #: DW772DX617091
Date out: 11/01/2011 08:00 Expected return date: 11/29/2011 08:00
Machine hours out: 2052
Rates: 383.00/DAILY 1532.00/WEEK 4595.00/MONTH
O/T Rates Per HR: 75.00/DAILY 60.0'0/WEEK''40.91/MONTH
Contractor's Equipment Sup
of Lessor including th
authorities as a pr t
V.Lessee SignaKre:
Loss Damage W
LDW Electe
o
c
cove UCC
Co., an Idaho Corporation, d/b/a CE
d hereto, Lessee acce• = l uch to
fina i>3st•te -.seew=
Iv r:
(If you have elected the LDW option
insurance for General Liability Cove
y
O (Lessor) hereby leases to Customer (Lessee) the equipment Identified above ("Equ
s and acknowledges receipt of an executed copy of this Agreement. Lessee a ree
rants and represents that all data and information furnished to Lessor • ind
Date: ,! 7 l" �(&) Lessor Signatr e:
re accepting the terms and conditions of e attached Loss Damage Waiver Agreement. Lessee must also provide separate certificate of
as specified in the rental agreement.)
this docume
t to I se the
ature designates acceptance of Terms and Conditions
t or copy thereof may be filled with all necessary
ipment to Lessee is true end r)ect.
Date:
LDW Declined (if LDW dedined, customer must pMGide appropriate insurance certificate for Physical Damage Coverage prior to receiving the Equipment)
I am a Registered Contractor, Licensed for Public Works, and/or a Licensed Tradesman. Lessee's License/Registration Number is
The Equipment will be used at the following location: CITY:
COUNTY:
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2000 E. Overland Road
Meridian, ID 83642
(208) 888-1017
[ESE
www.cescoequip.com
26 East 300 South
Jerome, ID 83338
(208)324-8300
1
13886 Hwy 55
McCall, ID 83638
(208)634-3903
CITY OF MCCALL
216 E PARK STREET
MCCALL, ID
83638
JOB SITE: 085
CITY OF MCCALL
216 E PARK STREET
MCCALL, ID
83638
.JOHN DEERE
Branch
03 - LAKE
FORK
Date
11/08/2011
Time
15:04:18 (0)
Page
1
Account No.
MCCAL001
Phone No.
2086347142
Contract No.
Ship Via
Purchase Order
RICK
Salesperson
038
RENTAL CONTRACT
DESCRIPTION
C O N T R A C T #: 000730
LDR 20ik 644 CAB, AC, RC, CPLR, 23 . 5R
Stock #: WL5915 Serial #: 1DW644KZJBE635915
Date out: 11/01/2011 08:00 Expected return date:
Machine hours out: 176
Rates: 415.00/DAILY 1658.00/WEEK
O/T Rates Per HR: 68.75/DAILY 55 407-
r
BKTLB 644 4.25 4.5 YD LIGHT MAT Bk.
Stock #: LB2358 Serial #: R62358
Date out: 11/01/2011 08:00 ExpeptN
Contractor's Equipment Su
of Lessor including thos
authorities as a prot
4 Lessee Signa
Loss Damage Waive
LDW Electe
an Idaho Corporation, d/b/a CESC
hereto. Lessee accep uch term
asee war
(If you have elected the LDW option, y
insurance for General Uability Covera
4975.0
12/06/2011 14:47
0/MONTH
37.50/MONTH
(Lessor) hereby leases to Customer (Lessee) the equipment identified above ("Eq
and acknowledges receipt of an executed copy of this Agreement. Lessee agree
is and represents that all data and information furnished to Lessor 1 d� e
Date: p `��(;fy% Lessor Signat
< / 7—o L
cepting the terms and conditions of the attached Loss Damage Waiver Agreement. Lessee must also provide separate certificate of
pecified in the rental agreement.)
., 4 7
(If LDW declined, customer must pryer appropriate insurance certificate for Physical Damage Coverage poor to receiving the Equipment)
ent"). Signa
at this documen
nt eas=p a eq
re designates acceptance of Terms and Conditions
or copy thereof may be filled with all necessary
pment to Lessee is true anc(cgrrect
Date:
LDW Declined
I am a Registered Contractor, Licensed for Public Works, and/or a Licensed Tradesman. Lessee's License/Registration Number is
The Equipment will be used at the following location: CITY:
COUNTY:
RENTAL TERMS AND CONDITIONS
1. LEASE PERIOD: The Equipment will be transported to and from Lessor's place of
business during the lease term at Lessee's expense. Lease begins when items are delivered
to Lessee and continues until items are picked up by or returned to originating Lessor location.
If Lessor is transporting the Equipment, Lessee must call for termination number for Equipment
to be off rent. No allowance will be made for holidays, time in transit or any prior time the
Equipment may not be in actual use while in Lessee's possession. The rental period shall be
the approximate rental period shown on the face hereof and if Lessee retains the Equipment
after the expiration of the period, this agreement shall be deemed to be extended at the same
rental rate and under the same terms until the Equipment is returned to Lessor.
2. USAGE RATES ARE FOR SINGLE SHIFT USE: Lease rates are for normal and
reasonable use on a single shift basis and will be increased proportionately for any greater
usage. Any additional rent for excess hours of use will be paid at the time the Equipment is
returned or, if the Equipment is leased for more than thirty days, on the first day of the month
following such use. If an hour meter is furnished, (1) Lessee agrees to keep it connected to
the Equipment and in good working condition at all times and (2) it will be used as a conclusive
measure of the number of hours of operation. Actual machine usage and maintenance
intervals may also be tracked using a wireless machine monitoring system. The minimum
rental period is one day. Rental rates are based on (8) hour day/24 hour period, (40) hour/7
day week and (176) hour/4 week month. Lessee further agrees to pay all licenses, fees,
permits or taxes arising from his use of the Equipment, including any subsequently determined
to be due as a result of an audit
3. TERMS OF PAYMENT: On Leases so requiring, payment in full due upon receipt of
leased Equipment. On leases providing for an alternate payment schedule payment(s) shall
be due by the payment due date specified on the billing statement(s). Amounts not paid within
terms are subject to a fixed monthly finance charge of the lesser of: (a) 1.5% per month or (b)
the highest rate permitted by law. Lessee's obligation to pay all rent and other sums due
thereunder shall be absolute and unconditional and shall not be subject to any abatement,
reduction, setoff, defense, counterclaim, interruption, deferment or recoupment for any reason
whatsoever.
4. OPERATING AND MAINTENANCE: Lessee agrees to pay all operating and
maintenance expenses while the Equipment is out of Lessor's possession except to the extent
that Lessor performs repairs and obtains compensation for doing so from the manufacturer. If
Lessee fails to perform routine maintenances as required in the manufacturers operators
manual, then Lessor reserves the right to perform prescribed maintenances at Lessee's
expense. Lessee shall take care of normal maintenance needs of the Equipment, including
supplying fuel, oil, grease and water, daily checking of general condition including tires, oil
levels, cooling system, water and batteries, recharging batteries and will perform other routine
periodic maintenance set forth in the machine operators manual for the Equipment. Lessee
shall be responsible for all damaged/missing items, wear items (teeth, cutting edges, hammer
bits, screens, bristles), tire/rubber track maintenance, cuts, abrasions and excess wear. If
Lessee requires service at time other than Lessors business hours, Lessee agrees to pay the
difference between Lessors straight time and overtime rates for the mechanics time. Lessee
agrees to prohibit anyone other than Lessors authorized personnel to repair, modify or adjust
the Equipment and to notify Lessor immediately of accidents, disabilities, failures or like
information concerning the Equipment. Lessee shall use the Equipment in a careful, prudent
and proper manner. Lessee acknowledges that Lessee, and all employees and agents of
Lessee that will be using the Equipment, are familiar with the operation, installation and use of
the Equipment and have received from Lessor any other requested information regarding the
operation, use or installation of the Equipment Lessee acknowledges that any advice or
instruction with respect to the Equipment given by Lessor, its employees or agents, to Lessee,
its employees or agents, is given strictly as general guidance, and not for reliance thereon by
Lessee, its employees or agents. It is the sole duty and responsibility of Lessee to verify the
accuracy and appropriateness of any such Advice, and to advise its employees and agents, if
any, as to the proper use of all such Equipment
5. WARRANTY DISCLAIMER: DISCLAIMER OF WARRANTIES AND WAIVER OF
DEFENSES. LESSOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO ANYONE, AS
TO DESIGN, CONDITION, CAPACITY, PERFORMANCE OR ANY OTHER ASPECT OF THE
EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP. LESSOR ALSO DISCLAIMS ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR
PURPOSE, WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE. LESSOR
FURTHER DISCLAIMS ANY LIABILITY FOR LOSS, DAMAGE OR INJURY TO LESSEE OR
THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE
EQUIPMENT, WHETHER ARISING FROM THE APPLICATION OF THE LAWS OF STRICT
LIABILITY OR OTHERWISE. LESSEE IS LEASING THE EQUIPMENT "AS IS". Regardless
of cause, Lessee agrees not to assert any claim whatsoever against Lessor for loss of
anticipatory profits or any other indirect, special or consequential damages. If the Equipment is
unsatisfactory for any reason, Lessee's sole recourse shall be against the manufacturer or
other appropriate third party and shall nevertheless pay Lessor all rent and other charges
payable under the Lease. Lessee acknowledges that the Equipment is of a size, design and
capacity selected by Lessee and that Lessee is satisfied that the Equipment is suitable for
Lessee's purposes. To the extent permitted by applicable law, Lessee waives any and all
rights and remedies conferred upon a Lessee by the Uniform Commercial Code, including
Sections 2A — 508 through 522 thereof.
6. LIABILITY FOR DAMAGE TO EQUIPMENT, PERSONS AND PROPERTY: Lessee
assumes all risks and liability for and agrees to hold Lessor and its assigns, officers, directors
and employees harmless from all personal injuries and deaths, property damage, suits, claims
(including third party claims), losses, expenses, costs and attorney fees, arising from or in
connection with the Lessee's use, possession, entrustment to others or transportation of the
Equipment and to keep leased items locked and guarded when not in use.
Lessee will return the Equipment to Lessor clean and in as good condition as received,
"Reasonable Wear and Tear" excepted*, by the end of the rental term. If the Equipment is not
in such good condition upon its return to Lessor and Lessor elects to repair it, Lessee will pay
for such cleaning and/or repairs at Lessor's regular shop rates. If the Equipment is destroyed
(defined as damage in an amount in excess of 50% of the value of the Equipment at the time
this lease was entered into and/or the Equipment, even if repaired, is not suitable for continued
rental) or lost, the Rental Contract shall be terminated effective as of the date notice of such
destruction or loss is given to Lessor. Notwithstanding the foregoing, Lessee shall be
responsible for rental charges through the date Lessor receives payment from Lessee for the
replacement cost of the destroyed or lost equipment and Lessor has had a reasonable
opportunity to replace the equipment (regardless of whether Lessee pays Lessor directly, or an
insurance company pays on Lessee's behalf.) If the Equipment is damaged, but not destroyed
as defined herein, Lessor may elect to repair the Equipment and to keep the Rental Contract in
effect while the Equipment is repaired, in which case, Lessee shall continue to pay the rental
charges until such repair is completed.
'Reasonable Wear and Tear' shall mean only the normal deterioration of the Equipment
caused by ordinary, reasonable and proper use of the Equipment on a one -shift basis.
Damage which is not "Reasonable Wear and Tear' includes but is not limited to: damage
resulting from lack of fuel or lubrication, failure to maintain proper oil, water, hydraulic or air
pressure levels; damage due to overturning, overloading or exceeding a rated capacity;
improper use; abuse; lack of cleaning; tire or track damages; contamination due to any and all
hazardous substances (as defined by State and Federal Laws). Lessee shall be responsible
•
for all damage not caused from ordinary wear and tear.
7. ADDITION OF ACCESSORIES: Lessee will not, without Lessors written consent,
install any accessories or devises on the Equipment if such installation will impair the originally
intended function or use of the Equipment. All accessories or devises affixed to the Equipment
will become the property of Lessor unless such accessory or devise can be removed without in
any way affecting the originally intended function or use of the Equipment. Any damage to the
Equipment caused by the removal of such accessories or devices will be repaired at lessee's
expense.
8. COMPLIANCE AND REGULATIONS: Lessee will comply with all laws and regulations
relating to ownership, possession or maintenance of the Equipment
9. INSPECTION: Lessee acknowledges that Lessee has inspected the Equipment and .
agrees it is in good condition and repair, and is suitable for the needs of Lessee. Lessee shall
inspect the Equipment prior to its use and shall immediately notify Lessor of any defects. •-
Lessee will, whenever requested, advise Lessor of the exact location of the Equipment and
Lessor may inspect the same at such location at any time. Lessor may remove the Equipment
without notice to Lessee if, in the opinion of Lessor, it is being used beyond its capacity or in
any other manner improperly cared for or abused.
10. NOTICE OF ASSIGNMENT: Upon execution of this Lease, certain interests of Lessor
may be assigned to other parties pursuant to agreements between Lessor and said Assignee.
Lessee acknowledges notice of Lessor's possible assignment of certain interest in this Lease.
Assignment of Lessor's interests in the Lease will neither materially change Lessee's duty nor •
materially increase the burden of risk imposed on Lessee. Lessee agrees that the transfer of
Lessors interests is permitted even if the transfer would materially affect the interests of
Lessee. An Assignee shall have all of the rights so assigned but not the obligations of Lessor
under this Lease. Lessee shall recognize the assignment and Lessee's obligations to pay
directly to the Assignee shall be unconditional. LESSEE SHALL NOT ASSERT AGAINST
THE ASSIGNEE ANY DEFENSE, COUNTERCLAIM OR SET OFF THAT LESSEE MAY
HAVE AGAINST THE LESSOR. Lessee, however, may separately claim against Lessor as to
any matters which Lessee may be entitled to assert against Lessor. If there is an assignment,
Lessee may receive a billing statement from said Assignee pertaining to this Lease, and
Lessee agrees to make all of it payments to such address as the billing statement from ,
Assignee designates. Lessee may not assign this Lease contract.
11. DEFAULT; TERMINATION OF LEASE CONTRACT BY LESSOR OR ITS
ASSIGNEES: If Lessee fails to make any lease payment when due, attempts to sell or
encumber the Equipment, ceases operating, institutes or has instituted against if proceedings
under any bankruptcy or insolvency law, makes an assignment for the benefit of creditors or
fails to comply with any other provision of the Lease Contract, or if any attachment, execution,
writ of process is levied against the Equipment or any of Lessee's property, or if for any reason
Lessor deems itself insecure or the Equipment unsafe, Lessee agrees to deliver the .
Equipment to Lessor or is Assignees on demand, and Lessor may enter upon any job, building
or place where the Equipment is located and take possession of it without notice to Lessee
and this Lease Contact shall thereupon terminate and be forfeited at the option of Lessor. In
the Event of any such action, Lessee agrees to pay all guaranteed leases and all other leases
due, damages or any injury to the Equipment, legal expenses, costs of removal of the
Equipment from the possession of Lessee and all freight, storage, transportation and other
charges incurred in such removal and return to Lessor at its place of business.
12. CONSTRUCTION: This is a contract for lease only. Nothing herein will be construed to
convey Lessee any right, title or interest in or to the Equipment, except as lessee.
Lessor may, at Lessors option, replace the Equipment with a similar machine at any time
during the rental term. Upon return of the Equipment to Lessor, the rental term hereunder shall
terminate and the parties will enter into a new original Rental Agreement covering the
replacement machine. Such new Rental Agreement shall extend,. at a minimum, for the
remainder of the Rental Agreements rental term and have a rental rate no greater than the
rate for rental of the Equipment hereunder.
13. ATTORNEY'S FEES: Lessee agrees to pay all reasonable attorneys fees and court
costs, including such attorneys costs and fees on appeal, incurred by Lessor in enforcing
these terms and conditions.
•
14. GENERAL: Time is of the essence of this Lease Contract. Lessors Failure at any time
to require strict performance by Lessee of any provisions of this Lease Contract will not waive
or diminish Lessor's right thereafter to demand strict compliance with that or any other
provision. Waiver by Lessor of any default will not waive any other default. This Lease Contract
may not be modified except by a written revision signed by the parties hereto. These terms
and Conditions shall apply specifically to the Equipment described herein and to such other
Equipment that LESSEE shall rent from LESSOR in the future. Lessee acknowledges receipt
of a signed copy of this contract.
15. EXCULPATION. No liability of Lessor with respect to this Lease and/or the Equipment
shall exceed the total rental charges paid by Lessee under this Lease.
16. INSURANCE: Lessee, at Lessee's own expense shall secure the following insurance
which shall list Lessor as additional insured thereon as follows:
(a) Lessee will carry general liability insurance with limits of liability not less than
$1,000,000 per occurrence and $1,000,000 aggregate unless greater liability limits are
specified.
(b) Property damage insurance for the Equipment which contains leased and rented
Equipment coverage based on replacement value at time of lease and said insurance shall
insure against fire, theft and normal extended coverage matters.
Prior to receiving the Equipment, Lessee agrees to furnish a certificate of insurance to Lessors
satisfaction evidencing Lessee's compliance with the foregoing requirements and name the
Lessor as an additional insured on the Lessee's policy which shall also contain an agreement
on the part of the insurer to notify Lessor of the cancellation, .non -renewal or any material
changes in the insurance at least 30 days prior to the cancellation or charge. The parties agree
that the Lessee's insurance is primary to any insurance which may be carried by Lessor. In
the event the insurance required by sub -section (b) is not provided to Lessor when required
hereunder, Lessor may elect at any time thereafter to deem that Lessee shall have elected to
be bound by the terms of the Loss Damage Waiver, and shall pay to Lessor 12% of all rental
sums due hereunder, and shall be bound under the terms of the Loss Damage Waiver form
provided to Lessee.
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co
O
I�9P
1110
2000 E. Overland Road
Meridian, ID 83642
(208) 888-1017
EEE
www.cescoequip.com
26 East 300 South
Jerome, ID 83338
(208) 324-8300
13886 Hwy 55
McCall, ID 83638
(208) 634-3903
CITY OF MCCALL
216 E PARK STREET
MCCALL, ID
83638
JOB SITE: 085
CITY OF MCCALL
216 E PARK STREET
MCCALL, ID
83638
JOHN DEERE
Branch
03 - LAKE
7ORK
Date
11/08/2011
Time
15:09:49 (0)
Page
1
Account No.
MCCAL001
Phone No.
2086347142
Contract No.
Ship Via
Purchase Order
RICK
Salesperson
038
RENTAL CONTRACT
DESCRIPTION
C O N T R A C T #: 000731
LDR 2 624 CAB,AC,RC,CPLR,20.5R
Stock #: WL4203 Serial #: 1DW624KZJB0634203
Date out: 11/01/2011 08:00 Expected return date
Machine hours out: 198
Rates: 323.00/DAILY 1292.00/WEEK rrr 3875.
O/T Rates Per HR: 58.75/DAILY 46:T7!
BKTLB 544/624 3.5 3.5 COUPLER BKT STD;
Stock #: LB4703 Serial #: 14704
Date out: 11/01/2011 08:00 Expeted rib
BKTLB
Stock #: 600701
Date out: 11/01/2011.
Contractor's EquipmentSuppl_
of Lessor including th�9., a attache
authorities as a p trctivefJC
Lessee Signat:
T Loss Damage Waiver
LDW Elected
SNOW BUC
Serial_
08 00;
11/29/2011 08:00
00/MONTH 3875.00/RPO M
'31.82/MONTH
reby leases to Customer (Lessee) the equipment identified above ("Equ
edges receipt of an executed copy of this Agreement Lessee agree
sents that all data and information furnished to Lessor -s an ind
0../ Lessor Signature:
(If you have elected the LDW option, you are acceptin fie terms and conditions of the attached Loss Damage Waiver Agreement. Lessee must also provide separate certificate of
insurance for General Liability Coverage as specified' the rental agreement.)
LDW Declined (lf LDW dedined, customer must provide appr a insurance certificate for Physical Damage Coverage prior to receiving the Equipment)
:..0 0
8:00
of an Idaho,Corporation, d/b/a CE
hereto eafe (ep h fltr
finan e e ent ent see r
nature designates acceptance of Terms and Conditions
nt or copy thereof may be filled with all necessary
uipment to Lessee is true Jnd ,cc rect.
Date:
I am a Registered Contractor, Licensed for Public Works, and/or a Licensed Tradesman. Lessee's License/Registration Number is
The Equipment will be used at the following location: CITY:
COUNTY:
RENTAL TERMS AND CONDITIONS
1. LEASE PERIOD: The Equipment will be transported to and from Lessor's place of
business during the lease term at Lessee's expense. Lease begins when items are delivered
to Lessee and continues until items are picked up by or returned to originating Lessor location.
If Lessor is transporting the Equipment, Lessee must call for termination number for Equipment
to be off rent. No allowance will be made for holidays, time in transit or any prior time the
Equipment may not be in actual use while in Lessee's possession. The rental period shall be
the approximate rental period shown on the face hereof and if Lessee retains the Equipment
after the expiration of the period, this agreement shall be deemed to be extended at the same
rental rate and under the same terms until the Equipment is returned to Lessor.
2. USAGE RATES ARE FOR SINGLE SHIFT USE: Lease rates are for normal and
reasonable use on a single shift basis and will be increased proportionately for any greater
usage. Any additional rent for excess hours of use will be paid at the time the Equipment is
returned or, if the Equipment is leased for more than thirty days, on the first day of the month
following such use. If an hour meter is furnished, (1) Lessee agrees to keep it connected to
the Equipment and in good working condition at all times and (2) it will be used as a conclusive
measure of the number of hours of operation. Actual machine usage and maintenance
intervals may also be tracked using a wireless machine monitoring system. The minimum
rental period is one day. Rental rates are based on (8) hour day/24 hour period, (40) hour/7
day week and (176) hour/4 week month. Lessee further agrees to pay all licenses, fees,
permits or taxes arising from his use of the Equipment, including any subsequently determined
to be due as a result of an audit.
3. TERMS OF PAYMENT: On Leases so requiring, payment in full due upon receipt of
leased Equipment. On leases providing for an alternate payment schedule payment(s) shall
be due by the payment due date specified on the billing statement(s). Amounts not paid within
terms are subject to a fixed monthly finance charge of the lesser of: (a) 1.5% per month or (b)
the highest rate permitted by law. Lessee's obligation to pay all rent and other sums due
thereunder shall be absolute and unconditional and shall not be subject to any abatement,
reduction, setoff, defense, counterclaim, interruption, deferment or recoupment for any reason
whatsoever.
4. OPERATING AND MAINTENANCE: Lessee agrees to pay all operating and
maintenance expenses while the Equipment is out of Lessors possession except to the extent
that Lessor performs repairs and obtains compensation for doing so from the manufacturer. If
Lessee fails to perform routine maintenances as required in the manufacturers operators
manual, then Lessor reserves the right to perform prescribed maintenances at Lessee's
expense. Lessee shall take care of normal maintenance needs of the Equipment, including
supplying fuel, oil, grease and water, daily checking of general condition including tires, oil
levels, cooling system, water and batteries, recharging batteries and will perform other routine
periodic maintenance set forth in the machine operators manual for the Equipment. Lessee
shall be responsible for all damaged/missing items, wear items (teeth, cutting edges, hammer
bits, screens, bristles), tire/rubber track maintenance, cuts, abrasions and excess wear. If
Lessee requires service at time other than Lessors business hours, Lessee agrees to pay the
difference between Lessors straight time and overtime rates for the mechanics time. Lessee
agrees to prohibit anyone other than Lessors authorized personnel to repair, modify or adjust
the Equipment and to notify Lessor immediately of accidents, disabilities, failures or like
information concerning the Equipment Lessee shall use the Equipment in a careful, prudent
and proper manner. Lessee acknowledges that Lessee, and all employees and agents of
Lessee that will be using the Equipment, are familiar with the operation, installation and use of
the Equipment and have received from Lessor any other requested information regarding the
operation, use or installation of the Equipment Lessee acknowledges that any advice or
instruction with respect to the Equipment given by Lessor, its employees or agents, to Lessee,
its employees or agents, is given strictly as general guidance, and not for reliance thereon by
Lessee, its employees or agents. It is the sole duty and responsibility of Lessee to verify the
accuracy and appropriateness of any such Advice, and to advise its employees and agents, if
any, as to the proper use of all such Equipment
5. WARRANTY DISCLAIMER: DISCLAIMER OF WARRANTIES AND WAIVER OF
DEFENSES. LESSOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO ANYONE, AS
TO DESIGN, CONDITION, CAPACITY, PERFORMANCE OR ANY OTHER ASPECT OF THE
EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP. LESSOR ALSO DISCLAIMS ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR
PURPOSE, WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE. LESSOR
FURTHER DISCLAIMS ANY LIABILITY FOR LOSS, DAMAGE OR INJURY TO LESSEE OR
THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE
EQUIPMENT, WHETHER ARISING FROM THE APPLICATION OF THE LAWS OF STRICT
LIABILITY OR OTHERWISE. LESSEE IS LEASING THE EQUIPMENT "AS IS". Regardless
of cause, Lessee agrees not to assert any claim whatsoever against Lessor for loss of
anticipatory profits or any other indirect, special or consequential damages. If the Equipment is
unsatisfactory for any reason, Lessee's sole recourse shall be against the manufacturer or
other appropriate third party and shall nevertheless pay Lessor all rent and other charges
payable under the Lease. Lessee acknowledges that the Equipment is of a size, design and
capacity selected by Lessee and that Lessee is satisfied that the Equipment is suitable for
Lessee's purposes. To the extent permitted by applicable law, Lessee waives any and all
rights and remedies conferred upon a Lessee by the Uniform Commercial Code, including
Sections 2A —508 through 522 thereof.
6. LIABILITY FOR DAMAGE TO EQUIPMENT, PERSONS AND PROPERTY: Lessee
assumes all risks and liability for and agrees to hold Lessor and its assigns, officers, directors
and employees harmless from all personal injuries and deaths, property damage, suits, claims
(including third party claims), losses, expenses, costs and attorney fees, arising from or in
connection with the Lessee's use, possession, entrustment to others or transportation of the
Equipment and to keep leased items locked and guarded when not in use.
Lessee will return the Equipment to Lessor clean and in as good condition as received,
"Reasonable Wear and Tear" excepted', by the end of the rental term. If the Equipment is not
in such good condition upon its return to Lessor and Lessor elects to repair it, Lessee will pay
for such cleaning and/or repairs at Lessor's regular shop rates. If the Equipment is destroyed
(defined as damage in an amount in excess of 50% of the value of the Equipment at the time
this lease was entered into and/or the Equipment, even if repaired, is not suitable for continued
rental) or lost, the Rental Contract shall be terminated effective as of the date notice of such
destruction or loss is given to Lessor. Notwithstanding the foregoing, Lessee shall be
responsible for rental charges through the date Lessor receives payment from Lessee for the
replacement cost of the destroyed or lost equipment and Lessor has had a reasonable
opportunity to replace the equipment (regardless of whether Lessee pays Lessor directly, or an
insurance company pays on Lessee's behalf.) If the Equipment is damaged, but not destroyed
as defined herein, Lessor may elect to repair the Equipment and to keep the Rental Contract in
effect while the Equipment is repaired, in which case, Lessee shall continue to pay the rental
charges until such repair is completed.
"'Reasonable Wear and Tear' shall mean only the normal deterioration of the Equipment
caused by ordinary, reasonable and proper use of the Equipment on a one -shift basis.
Damage which is not "Reasonable Wear and Tear' includes but is not limited to: damage
resulting from lack of fuel or lubrication, failure to maintain proper oil, water, hydraulic or air
pressure levels; damage due to overturning, overloading or exceeding a rated capacity;
improper use; abuse; lack of cleaning; tire or track damages; contamination due to any and all
hazardous substances (as defined by State and Federal Laws). Lessee shall be responsible
for all damage not caused from ordinary wear and tear.
7. ADDITION OF ACCESSORIES: Lessee will not, without Lessors written consent,
install any accessories or devises on the Equipment if such installation will impair the originally
intended function or use of the Equipment. All accessories or devises affixed to the Equipment
will become the property of Lessor unless such accessory or devise can be removed without in
any way affecting the originally intended function or use of the Equipment. Any damage to the
Equipment caused by the removal of such accessories or devices will be repaired at lessee's
expense.
8. COMPLIANCE AND REGULATIONS: Lessee will comply with all laws and regulations
relating to ownership, possession or maintenance of the Equipment.
9. INSPECTION: Lessee acknowledges that Lessee has inspected the Equipment and
agrees it is in good condition and repair, and is suitable for the needs of Lessee. Lessee shall
inspect the Equipment prior to its use and shall immediately notify Lessor of any defects.
Lessee will, whenever requested, advise Lessor of the exact location of the Equipment and
Lessor may inspect the same at such location at any time. Lessor may remove the Equipment
without notice to Lessee if, in the opinion of Lessor, it is being used beyond its capacity or in
any other manner improperly cared for or abused.
10. NOTICE OF ASSIGNMENT: Upon execution of this Lease, certain interests of Lessor
may be assigned to other parties pursuant to agreements between Lessor and said Assignee.
Lessee acknowledges notice of Lessor's possible assignment of certain interest in this Lease.
Assignment of Lessor's interests in the Lease will neither materially change Lessee's duty nor
materially increase the burden of risk imposed on Lessee. Lessee agrees that the transfer of
Lessors interests is permitted even if the transfer would materially affect the interests of
Lessee. An Assignee shall have all of the rights so assigned but not the obligations of Lessor
under this Lease. Lessee shall recognize the assignment and Lessee's obligations to pay
directly to the Assignee shall be unconditional. LESSEE SHALL NOT ASSERT AGAINST
THE ASSIGNEE ANY DEFENSE, COUNTERCLAIM OR SET OFF THAT LESSEE MAY
HAVE AGAINST THE LESSOR. Lessee, however, may separately claim against Lessor as to
any matters which Lessee may be entitled to assert against Lessor. If there is an assignment,
Lessee may receive a billing statement from said Assignee pertaining to this Lease, and
Lessee agrees to make all of it payments to such address as the billing statement from
Assignee designates. Lessee may not assign this Lease contract.
11. DEFAULT; TERMINATION OF LEASE CONTRACT BY LESSOR OR ITS
ASSIGNEES: If Lessee fails to make any lease payment when due, attempts to sell or
encumber the Equipment, ceases operating, institutes or has instituted against if proceedings
under any bankruptcy or insolvency law, makes an assignment for the benefit of creditors or
fails to comply with any other provision of the Lease Contract, or if any attachment, execution,
writ of process is levied against the Equipment or any of Lessee's property, or if for any reason
Lessor deems itself insecure or the Equipment unsafe, Lessee agrees to deliver the
Equipment to Lessor or is Assignees on demand, and Lessor may enter upon any job, building
or place where the Equipment is located and take possession of it without notice to Lessee
and this Lease Contact shall thereupon terminate and be forfeited at the option of Lessor. In
the Event of any such action, Lessee agrees to pay all guaranteed leases and all other leases
due, damages or any injury to the Equipment, legal expenses, costs of removal of the
Equipment from the possession of Lessee and all freight, storage, transportation and other
charges incurred in such removal and return to Lessor at its place of business.
12. CONSTRUCTION: This is a contract for lease only. Nothing herein will be construed to
convey Lessee any right, title or interest in or to the Equipment, except as lessee.
Lessor may, at Lessors option, replace the Equipment with a similar machine at any time
during the rental term. Upon return of the Equipment to Lessor, the rental term hereunder shall
terminate and the parties will enter into a new original Rental Agreement covering the
replacement machine. Such new Rental Agreement shall extend, at a minimum, for the
remainder of the Rental Agreements rental term and have a rental rate no greater than the
rate for rental of the Equipment hereunder.
13. ATTORNEY'S FEES: Lessee agrees to pay all reasonable attorneys fees and court
costs, including such attorneys costs and fees on appeal, incurred by Lessor in enforcing
these terms and conditions.
14. GENERAL: Time is of the essence of this Lease Contract Lessors Failure at any time
to require strict performance by Lessee of any provisions of this Lease Contract will not waive
or diminish Lessors right thereafter to demand strict compliance with that or any other
provision. Waiver by Lessor of any default will not waive any other default This Lease Contract
may not be modified except by a written revision signed by the parties hereto. These terms
and Conditions shall apply specifically to the Equipment described herein and to such other
Equipment that LESSEE shall rent from LESSOR in the future. Lessee acknowledges receipt
of a signed copy of this contract.
15. EXCULPATION. No liability of Lessor with respect to this Lease and/or the Equipment
shall exceed the total rental charges paid by Lessee under this Lease.
16. INSURANCE: Lessee, at Lessee's own expense shall secure the following insurance
which shall list Lessor as additional insured thereon as follows:
(a) Lessee will carry general liability insurance with limits of liability not less than
$1,000,000 per occurrence and $1,000,000 aggregate unless greater liability limits are
specified.
(b) Property damage insurance for the Equipment which contains leased and rented
Equipment coverage based on replacement value at time of lease and said insurance shall
insure against fire, theft and normal extended coverage matters.
Prior to receiving the Equipment, Lessee agrees to furnish a certificate of insurance to Lessors
satisfaction evidencing Lessee's compliance with the foregoing requirements and name the
Lessor as an additional insured on the Lessee's policy which shall also contain an agreement
on the part of the insurer to notify Lessor of the cancellation, non -renewal or any material
changes in the insurance at least 30 days prior to the cancellation or charge. The parties agree
that the Lessee's insurance is primary to any insurance which may be carried by Lessor. In
the event the insurance required by sub -section (b) is not provided to Lessor when required
hereunder, Lessor may elect at any time thereafter to deem that Lessee shall have elected to
be bound by the terms of the Loss Damage Waiver, and shall pay to Lessor 12% of all rental
sums due hereunder, and shall be bound under the terms of the Loss Damage Waiver form
provided to Lessee.
81/15/2010 14:42 2086344170
CITY OF MCCALL PWBLC
PAGE 02
CITY OF MCCALL
RENTAL CONTRACT ADDENDUM
This addendum refers to that certain contract dated November 4, 2009 number 000432,
between CESCO as lessor and The City of McCall as Lessee. Only those items listed below have
been changed, and all other terms and conditions remain the same.
624 Loader, serial number DW624J2611020, and stock number WL1020 is being
replaced by: 2007 624 Loader, serial number DW624J2613132, stock number WL3132, and
machine hours out of 1251.4.
Dirt Bucket 544/624, Stock number 600047-1 and serial number 1105-17033L replaced
by: Dirt Bucket 544/624, Stock number 600724, and serial number 1106-198972.
Lessee Signature
Lisssor Signature
Date
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Date
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