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HomeMy Public PortalAbout2011.11.08 CESCO Winter Equipment Rental Agreementt rn U O 2000 E. Overland Road Meridian, ID 83642 (208) 888-1017 CEGE 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 115 rrAcHi JOHN DEERE Branch 03 - LAKE 7ORK Date 11/08/2011 Time 15:13:02 ( ) 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,C°1 772 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 60.00/WEEK 40.91/MONTH Contractors Equipment Sup •I Co., an Idaho Corporation, d/b/a CE• O (Lessor) hereby leases to Customer (Lessee) the equipment identified above ("Equi• - • ' .. ature designates acceptance of Terms and Conditions of Lessor including tho .'. c d hereto, Lessee acce. • .uch s and acknowledges receipt of an executed copy of this Agreement. Lessee a•ree this docume t or copy thereof may be filled with all necessary authorities as a pr• --dive UC fina• I s - see w. rants and represents that all data and information furnished to Lesso /� • intl/ e j- t to 1-, se the - , uipment to Lessee is true nd lea. Lessee Sign. re: / Date: �au Lessor Sig natr / � %u Date: l ` Loss Damage W LDW Electe (If you have elected the LDW option, y insurance for General Liability Cove re accepting the terms and conditions of the attached Loss Damage Waiver Agreement. Lessee must also provide separate certificate of as specified in the rental agreement.) LDW DeClined (If LDW declined, customer must p de appropriate insurance certificete 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: 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. w 0 0 c i)11 .to, 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 CORK 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 201\ 644 CAB,AC, RC, CPLR, 23 . 5R Stock #: WL5915 Serial #: 1DW644KZJBE635915 Date out: 11/01/2011 08:00 Expected return date: 12/06/2011 14:47 Machine hours out: 176 Rates: 415.00/DAILY 1658.00/WEEK 4975.00/MONTH O/T Rates Per HR: 68.75/DAILY 55.00/W ' 37.50/MONTH BKTLB 644 4.25 4.5 YD LIGHT MAT BKT Stock #: LB2358 Serial #: R62358 Date out: 11/01/2011 08:00 Expected retur Contractors Equipment S of Lessor including thos authorities as a prot 4 Lessee Signa Loss Damage Waive LDW Electe .. an Idaho Corporation hereto. Le ee accep fina g Of you have elected the LDW option, y insurance for General liability Cover b/a CESC(Lessor) hereby leases to Customer (Lessee) the equipment identified above ("Equ uch to and acknowledges receipt of an executed copy of this Agreement. Lessee agrees see warris and represents that all data and information furnished to Lessor - - " ._ d e Date: / i./vJ Lessor Signat cepfing the terms and conditions of the attached Loss Damage Waiver Agreement. Lessee mud also provide separate certificate of pecified in the rental agreement.) ent). Signa at his documen nt r easa eq e designates acceptance of Terms and Conditions r copy thereof may be filled with all necessary ment to Lessee is tru andcorrect Date: LDW Declined (If LDW declined, customer must pryer 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: 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, Lessees 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. It 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, the 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. ATTORNEYS 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 suns due hereunder, and shall be bound under the terms of the Loss Damage Waiver form provided to Lessee. a L (n 0 0il 'III tip 2000 E. Overland Road Meridian, ID 83642 (208) 888-1017 EESE 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 ( ) Page 1 Account No. MCCAL001 Phone No. 2086347142 Contract No. Ship Via Purchase Order RICK Salesperson 038 RENTAL CONTRACT DESCRIPTION LDR z" 624 Stock #: WL42 Date out: 11/ Machine hours Rates: 323. O/T Rates Per C O N T R A C T#: 000731 CAB,AC,RC,CPLR,20.5R 03 Serial #: 1DW624KZJB0634203 01/2011 08:00 Expected return date: 11/29/2011 08:00 out: 198 00/DAILY 1292.00/WEEK 3875.00/MONTH 3875.00/RPO M HR: 58.75/DAILY 46.75/WEEK 31.82/MONTH BKTLB 544/624 3.5 Stock #: LB4703 Date out: 11/01/2011 BKTLB Stock #: 600701 Date out: 11/01/2011 Contractor's Equipment Su of Lessor including th authorities as a p yLessee Signal Loss Damage Waiver LDW Elected LDW Declined 3.5 COUPLER KT STD Serial #: 1 4704 08:00 Expe ted return date: 11/29/2011 08:00 SNOW BUCKETADIFIED Serial #: N/A\ 08:00 Expected return date: 11/29/2011 08:00 7 reby leases to Customer (Lessee) the equipment identified above ("Equi '). • nature designates acceptance of Terms and Conditions edges receipt of an executed copy of this Agreement. Lessee agree at this docum nt or copy thereof may be filled with all necessary sents that all data and information furnished to Lessor s an ind a to I e the a uipment to Lessee is true indcofrect C s. Lessor Signature: Date: l/ or you have eleded the LDW option, you are acceptin• e terms and conditions of the attached Loss Damage Waiver Agreement Lessee must also provide separate certificate of insurance for General Liability Coverage as specifi • • the rental agreement.) (If LDW declined, customer must provide appr• • • . e 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 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 rf 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 attorney's 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. WINTER EQUIPMENT ADDENDUM 2010/2011 LEASOR: CESCO LEASEE: CITY OF MCCALL/STREETS DEPARTMENT This addendum refers to that certain contract dated 11-5-10, contract # 000617, and covers a 644 loader. The original contact has been modified by Leasee and Leasor as per the following, and all additional contact terms remain the same. Returned Loader: Make: Model: Serial number: Stock number: Hours: Attached equipment: Stock number: Serial number: Replacement Loader: Make: Model: Serial number: Stock number: Hours: Attached equipment: Serial number: Stock number: John Deere 644 Loader DW644JX612345 WL2345 2865 4.25 Yard Bucket 600840 AKR795 John Deere 644 Loader DW644JX605962 000219 2757 4.25 Yard Bucket DEW2680 601146 City of McCall/Leasor Dated: Dated: +\1\