2013/08/05 Pacific Mobile Structures, Inc. Rental QuotePA.ClFiC
Southern Branch REPPI � L ��OTE. 88993
Salesperson:n: Michael Thompson lid
Email: michael@pacificmobile.com Date: 8/5/2013
Phone: 951-784-8990
Renter: City of Menifee Location: City of Menifee
Address: 29714 Haun Road Address: 29714 Haun Road
Menifee,-CA_92586. Menifee,_CA_92586
Name: Allen Yun contact: Allen Yun county: Riverside
Phone: 951-672-6777 x137 Fax: Phone: 951-672-6777 Tax Rate 8.00%
Email: ayun@cityofinenifee.us PO: Phone 2: Check if Exempt ❑
Rental Info: * ( 4, Check Desired Units and Items)
Unit #:
Lease Term: 112 months Bldg Size:
Addt'I Info:
(M = Monthly, S = Startup, E = End of Term) Term
❑
2437
24x60
❑
2495
24x60
❑
Rental Rate
M
$775.00
$775.00
OSHA Steps Included
M
$0.00
$0.00
Delivery Freight NA -Rental Extension
S
$0.00
$0.00
Return Freight Rates in effect upon
E
$0.00
$0.00
Std. Setup NA -Rental Extension
S
$0.00
$0.00
Std. Breakdown Rates in effect upon
E
$0.00
$0.00
Additional Items: *( dCheck Desired Options) Term Qtv Amount Qtv Amount Otv Qmnunt
Rental
Mum
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Property Damage Waiver Option (per month) ❑ $70.00 ❑ $70.00 ❑
Property Damage Waiver Option (see above). Helps you control costs by limiting your property damage liability. See Terms and Conditions on following page.
Electing this option DOES NOT relieve Customer of general liability protection requirements set forth in the "Insurance" paragraph on the following page.
Customers who fail to produce the required property insurance coverage certificate are automatically opted into the Property Damage Waiver Program until
proof is presented.
'Nricing does not include applicable sales tax, personal property tax, pilot cars and special permits if required. Quote is good for 30 dayspand limited to availability of stock on hand.
Quote #88993 Acceptance:
Signed by: ..................................... Signed by:
�...,:���.,........:.............................
Pacific Mobile Structures, Inc. (PMSI) Custo e A�Whorized Representative
Date: ..................................................................... Date: ......... .......1.1.2....��....................................
By signing above, customer is authorizing Pacific Mobile to process the order for the selected equipment and services upon approval of credit. This authorization will convert
quotation into an Operating Lease Agreement bound by the Terms and Condition on Page Two (2) of this quotation. An Order Confirmation will be sent to the designated e-mail
address on file.
Pagel of 2
LEASE/RENTAL TERMS AND CONDITIONS
This
an agreement between Pacific Mobile Structures, Inc. (PMSI) and Renter.
1. Basil Terms/Quote Form - The basic terms of this Agreement, including but not
limited to, rental price, Renter's identity, are set forth in the cover letter and Quote
Form accompanying these Terms and Conditions. Additional terms and details
agreed upon after Renter returned its signed Quote Form are set forth in the Order
Confirmation. Renter acknowledges that absent written notice within 48 hours of
receiving the Order Confirmation, the additional terms and details therein are
deemed incorporated into this Agreement. The following terms and conditions also
apply to this Agreement.
2. Access/Site Conditions/Utility Service - Renter shall provide free and clear
vehicles. Renter shall provide firm and level ground on no more than six-inch slope
from one end to the other for safe installation of the leased equipment. Site selection
is the sole responsibility of Renter and PMSI shall have no liability for determining
the adequacy of any site. Furthermore, PMSI solely reserves the right, for any
reason, to refuse to release delivery to any site it deems inadequate for use or
installation. Renter shall be responsible for obtaining any permits required to install
and operate the equipment. Renter shall provide at Renter's expense adequate
electrical power, water and other utility services with proper connection to leased
equipment.
3. Other Fees, Expenses and Taxes - In addition to the rental payments provided
for herein, Renter shall pay all expenses, fees, charges, and fuel surcharges incurred
in connection with the leased equipment during its delivery, use and recovery.
Additional charges include, but are not limited to, the following instances: (1) where
travel permits and/or pilots are required for delivery: (2) where the delivery site i
not a level. compacted and accessible site: (3) where tie down are reauired - if the
tie down option is not taken. Renter assumes liabilitv7 (4) where alternate steps are
needed (temporary step furnished but steps may not meet all local coded In
addition. return costs are to be at the prevailing rate at termination of lease thus they
are subject to change depending on special circumstances such as fuel cot and
delivery routes. Sales tax is not included in the return freight deposit and will be
billed on the final invoice. Renter also agrees to pay any fines, servicing costs, sales
taxes, use taxes, personal or real property taxes and other use taxes, and all
assessments and other governmental charges whatsoever payable on Renter's use,
possession, rental, shipment, transportation, delivery or operation thereof.
4. Delivery by PMSI / Location and Return of Leased Equipment - PMSI shall
not be liable to Renter for any failure or delay in delivering the leased equipment.
By taking delivery thereof Renter acknowledges that the leased equipment is in good
working condition, free of any physical defect or damage, and is fit for the purpose
for which it is leased. Further, the leased equipment shall remain at the delivery site
until the termination of this lease, at which time PMSI shall pick up the leased
equipment. The leased equipment shall not be moved without PMSI's prior written
consent.
5. Lawful Use, Assignment, and Subletting - Renter shall use or permit the use of
the leased equipment only for lawful purposes and operate in compliance with all
laws. If the leased equipment is used by any party in association with unlawful
activity prior to it being returned to PMSI, Renter agrees to reimburse PMSI upon
demand for any and all incidental costs PMSI incurs, including, but not limited to,
time and cost expenses associated with participating in governmental administrative
or law enforcement processes, attorney fees, and remedial costs. Renter shall not
assign, transfer, sublet, or in any way assign its rights hereunder, and shall not
Pledge, permit to be liened, mortgage, or otherwise encumber its rights or interests
hereunder. All third -party claims of possession, interest or ownership outside those
of PMSI's or the Renter, as stated herein, shall be deemed invalid.
6. Insurance - Renter, at its expense, will obtain and keep in force Property damage
insurance -special form, replacement cost coverage, with PMSI added as loss payee,
ATIMA. Renter will also indemnify PMSI with respect to all liability in accordance
with the provision of Paragraph 9 and provide general liability protection in the
amount of $1,000,000 each occurrence listing PMSI as additional insured. If Renter
shall fail to produce the required property insurance coverage certificate within ten
(10) days from the commencement of the Lease, they are automatically opted into
the Property Damage Waiver Program referenced in Section 7 until proof is
presented.
7. Property Damage Waiver Program Option - Renter's participation in the
Property Damage Waiver program relieves the requirement that Renter provide
PMSI with a property damage insurance certificate, as required in the preceding
Insurance paragraph. However, general liability insurance still needs to be
submitted per the prior naravranh's reguirements. Moreover, the waiver fee is
not an insurance policy, as Pacific Mobile in not an insurance comminv. The
waiver is specifically for the unit listed and solely limits the customer's property
liability in regard to fire, theft, vandalism and malicious mischief. The
following limitations also applv: The Renter is responsible fora S2,000 property
damage deductible, per unit/ner loss occurrence. The waiver fee only covers the
unit itself, and Renter is responsible for insuring the contents. The waiver does not
ariiply if the property damage is caused by any of the followin • acts of God
(earthquake, seismic activity, high winds, hurricane, tornado, flood), acts of
terrorism, building contents, damages caused by Renter or its employees, collision
damage from vehicles and other equipment, collision damage while being
transported or moved, abuse or neglect by Renter. The responsibility for property
damage due to these perils is on the Renter. Cancellation: Either party can cancel
the waivers with 10 days prior written notice. If the waivers are canceled, the
customer must provide insurance. The waiver fees must be paid in order for this
option to be valid. If the customer fails to pay their rent or the waiver fees the
waivers are terminated automatically. Claims: Must be reported by fax or email
within 48 hours of their occurrence for the Property damage waiver to be valid.
8. Accidents or Claims - Renter shall within 24 hours after any property damage or
casualty event involving the leased equipment notify PMSI by telephone, and within
48 hours notify PMSI in writing. Said report shall state the time, place, and nature of
the event, the damage sustained, the names and addresses of persons involved, persons
injured and witnesses, and any other information relating to said event and it shall
promptly forward to PMSI all correspondence, notices or documents received in
connection with any claim or demand relating to the leased equipment or its operation,
and shall aid in the investigation and defense of all such claims and demands. Nothing
herein shall be deemed to modify the provisions of the aragraph herein in which
Rep etc - holds PMSI-hazmtees-nd-inmdemie�PMSI amsnInhese matters, and"
PMSI shall have no responsibility to take any action whatsoever in the event of such
casualty.
9. Non -Liability of PMSI and Indemnification - Unless caused solely by PMSI's
negligence, PMSI shall not be liable to Renter for any loss, damage, or expense of any
kind or nature caused directly or indirectly by the leased equipment or by the use,
maintenance, operation, handling or storage thereof, or for the loss of Renter's
business or damages whatsoever or howsoever caused. Renter does hereby indemnify
PMSI and holds PMSI, its agents and employees harmless from any and all losses,
damages, claims, demands, or liability of any kind whatsoever, including legal
expenses and attorney's fees arising from the use, condition or operation of the leased
equipment.
10. Maintenance, Damage and Destruction - Renter shall at Renter's own expense
at all times keep the equipment in good and efficient working order, condition and
repair and shall maintain thereon such identification of ownership as PMSI may
require. PMSI will maintain and make any repairs required from normal use to the
roof, doors, windows, light fixtures, heating, ventilating and air conditioning systems,
except that Renter shall replace heating, ventilating and air conditioning filters and
burnt out lamps as required and pay for any damage caused by the Renter. Renter
shall bear the risk of damage, theft or destruction of the leased equipment from every
cause, except as outlined in paragraph 7, if selected, and shall make all replacements,
repairs or substitution of parts of equipment thereon at its expense, all of which shall
constitute Renter's obligatory maintenance of the leased equipment. If Renter does not
adequately maintain the equipment or adequately repair any damage for which Renter
is responsible, PMSI shall have the option to perform the maintenance or repair at
Renter's expense. Renter shall at its expense provide adequate janitorial service to
keep the leased equipment in good condition, fair wear and tear excepted. On
termination of this lease, the leased equipment shall be returned to PMSI in the same
condition as when delivered, fair wear and tear excepted.
11. Inspection by PMSI - PMSI may inspect the leased equipment at any reasonable
time, and may post any notice of non -responsibility or interest protecting notice.
12. Default - Renter defaults on this Agreement if Renter fails to: make timely
payment of any rent installment or other amount due and payable; or, comply with the
other terms, covenants, or conditions herein. Default also occurs if Renter or its
creditors files for relief under any bankruptcy or similar debtor relief law, or if Renter
assigns for the benefit of creditors, or if a receiver is appointed to take possession of
any assets of Renter. Unon default, PMSI may at its option immediately terminate
Renter's right to possession of the leased equipment by giving written notice to Renter.
This right is not limited in instances where the unit is being used as commercial office
space or for any other commercial purposes Renter agrees that the nee of this
Agreement is that PMSI is leasing emiipment Renter' use of such equipment a
commercial office space or other commercial use i incidental. The leased
eouioment
shall remain personal property regardless of its use or manner of attachment to realtv
and real property laws do not apply to this Agreement. Unon PMSI's written notice
of default to Renter. Renter agrees that the leased equipment shall be surrendered to
PMSI and PMSI may take possession thereof by entering upon Renter's premises
without further notice of repossession. Upon renossession. PMSI shall retain all rents
and any other amounts paid by Renter hereunder. Repossession by PMSI or the
surrender of the leased equipment to PMSI shall not affect the right of PMSI to
recover from Renter any and all damages which PMSI shall have sustained by reason
of Renter's breach. PMSI reserves the right to (a) relet the leased equipment and apply
any net proceeds as an offset to any unperformed Renter term, or (b) sell the leased
equipment and apply the net proceeds as appropriate under the circumstances to
Renter's unperformed financial obligations, or (c) cancel and terminate the lease. In
addition to any other remedies provided for herein, PMSI may recover from Renter the
worth at the time of the termination of the lease the unperformed value of the lease.
13. Renter's Possession on Termination - If Renter retains possession of the leased
property beyond the term expiration date without proper written renewal notice, PMSI
shall have the option of (i) repossessing its property at any time without notice or (ii)
deeming this Agreement renewed as a month to month tenancy.
14. Attorney's Fees, Collection Fees, Costs, Interest - If Renter defaults on this
Agreement, PMSI shall be entitled to recover from Renter all items of damages, costs
and expenses, including court costs and reasonable attorney's fees, incurred by PMSI
to enforce its rights and remedies hereunder. PMSI shall also be entitled to interest on
delinquent payments at the maximum rate permitted by law.
15. Miscellaneous - This Lease shall be construed and interpreted under the laws of
the state of California. All signed copies shall constitute duplicate originals.
16. Notices - All notices required under the term and provision of the Lease shall be
in writing and shall become effective when: deposited in the United States mail, with
proper postage prepaid, addressed to the parties at the respective addresses appearing
herein; and/or, upon actual delivery by other means, including electronically.
Rev. August2010 Page 2 of 2