HomeMy WebLinkAboutEquipment Rental - Town of Los Altos Hills - 1974 City & Los Altos Hills
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E UIE?ENT RENTAL AGREDIENT
THIS AGREEMENT, made and entered into this 1st- day of , November 1974
between the City of Cupertino, LESSOR, a municipal corporation and owner of
herein described equipment and the Town of Los Altos Hills.
WITNES`✓ 'TH
WF:EF.EAS, LESSOR owns certain equiplac:nt wil:ich it uses in its governmental
and proprietary operations; and
}1}i Kfa�S, LESSEE has a need for use of such cquipment aL times such equip-
ment would be otherwise idle, Lind LESS01" desire- L11.,L its egui_prlcnt be }'ut to
ntorc effi:dent use so as to .limit the costs to the taxpayer,
1-11'REFORE-, BE IT RESOLVM that for the r:onsiderat_Ic n hureinaf ter
t't:Ited, �1:1d Und('1" the terms and condlti.on,; expressed, t;1P_
a res c r r4:;t to t:1'e LESSEE u1)on call, when naL ill WSE or L, c _..-d. L-y
the uri.t of equi.prnent :
Lstimared Location Base RC'_IIi .l 1; :te.
_1 of }_,tri j.1;;_nt Serial-it _Value of Usc 1?"_?_._ _-----_
Steph(-.:nson Mark VI A 7691 $1,500 $15 per day
Speed Analyzer
In melon_- a call for use of said equip-aent., LESSEE* will cause one of its
er=pioyees to i?:•spec: the called for egn:ip;,)cnt at hl SSGi;'S y�I; ci :;o :1S t..)
sat c:f-, l.17iI25E� C• :Lts glow mechallLCal and •:'OrKi :cJ CGiIC i.t: On L1U({ t:0 execut(:
and (.eliver to USS01Z at its yard a rec::i.pL for tho c-gi,iipinertt ill t11;_ form
1ttZ1(_11,2d h,:::et0 <SI,d :r:ai'i;L.d Exhibit "A" t:ii'ii:i reccl{,L izjusu 10E'. eXQCUL�,d by
authcri d reprc!sc.nt:ativ. of U_: SOR.
P-El OD -- the lease pr'1'1od (_`:iends fY0111 the time LhC cquJprilel:t
leaves tilt LESSOR'S ,911"�,• � yard until i t is ret:url��d to LFS_._1t. S yard. 1'hc lease
per .;:<. shall not e._+.eed the maximum period set for Lh b;• LESS01Z and agreed to
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by LESSEE in the receipt for equipment so as not to interfere with LESSOR'S
use of such equipment and planning.
TERM - The term of this agreement commences upon execution hereof and
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ends June 30, 1975 LESSEE may make such calls for the lease of any of
such equipment during such cerm, and the LESSOR must rent subject to LESSOR'S
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needs for the equipment and the other terms, conditions and covenants herein
set forth.
AREA LIMITATION -- Any equipment leased shall not be removed from or used
outside the County of Santa Clara, California and other than as indicated as
location of use in receipt.
RATE BASIS - Rental rates are based on eight ho!irs per day, five days per
week, 22 eight-hour d:)YS in gar,}. cne 30 consc.c,utive (!ay period . Should the
equipment be used lrn ,er, the overtime rate will prevall. LESSEN shall pay
rental, for the entire rental pc•7-40d on each Niece of equipment listed in this
aor:.0"lonC. RcrGt3l r i_:;; are not: subject to any. deductions on account of nor. -
working Liirre, e:.c;--, i ;as fo1 :)ally rates small be- paid for etich calendar
day of thc: r..orith tit;{( f 1>t Saturdays, Sundrtys ;_ind legal holidays on :,! ich the
equipment is not opc-raLed. Tht! rates are not subject to any dedUCtions on
account of non--.;orkh,,,, time:. Th,- fractions of the month at the bc-inning or
the end of the rental period shall be it the nionthl.y rental rate, pro-rated.
OVERTIME k: TL I,.1STS - One of the follooing SChC!dul_es of OVC17LiWC1chru t,s
sVal.l bc' agreed v1pon and noted on the f ice of the above referenced receipt for
equip.,�:c,nt. "A" on the daily rate, that 1/8t.h of the daily rate for c, ch four
worked in excess of: eibht hours in any one day; 1/40th of the weekly rate for
each hour worked in excess of Ito hours in any one week; 1/176th of the �ionthl�
rate for each hour in excel- of 176 hours worked in ariv thirty 6onsecut.ive du:'
period. "B" on the daily rate, for each hour over eig?,t hours, 1/16Lh of thr_
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daily rate shall be charged. On the weekly or monthly rate two shuts are
charged at 1-1/2 times the single shift, and three shifts are charged at two
times the single shift rate. if no overtime rate schedule is called out on
the face of this dOCLMent, it i,, understood that schedule "A" will be followed.
LESSEE agrees to state in writing the number of excessive hours the equipment
is used and to pay the LESSOR the appropriate anount•
PAY!-fFN1T - Rentals and billings by LESSOR to LESSEE for repairs shall be
paid on the 15th of the month following the use of the equipment or receipt of
billing:; for repairs unless otho rwise stipulated by the LESSOR. Deferred
payment_=: shall bear interest at tha rate of 7% per annum. Payment of interest
:.hall not. Waive the LESSOR'S right to ter-minate this ag reo-rient as here naf ter
.;,`ipttlatF:cs.
+;IIARGES .- This equipi,ient is rented from the
i,, C: (.)j:'.`i ,�.5``f'i. :'�I1�' t"i;� � •';; inCut'rt'd la lo%idin ,, unlo.?.din,;, ereCti.•'rl, (l]6Rlaii�}_ii .:,
by tt:e shall be aL the sole Ixpense o; I.FSSEE.
faYi')'�'i ti,r' it�"li`. tit' i,�'(.�LI. - T� • LESS01. ?t:•i:y^ ret_alA �;i y or all c<;uiprtent
upon Lhil-Ly clt:;s t:ri,_t<.la notice to t-he The I. ?`;`;l;}, l,iay return any aiid
all equal.` - ill. CO th•^ i.i:S )Qi: t]pC�ll a il:e liOtiCC. If any rental is no' paid within
thirty day,; of due drAl"e, or the LESSEE vlollatcs the ten,i; Of this lea3c,, Or is
Involved zit Or iti.`:olvC_ncy, thu LESSOR riia; . k=l Lhout
S?OtiCE , C{C'C'l.F1YC: the entire aS�')unt due and payable, tlrii1.111:1tE tills I�1 L'C ir:ent aril
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ails` l.e'ase illu eund-,:x t l t'hout Coo,,:t order and take possession of this equipment
l:'lthout bein,! liable for tri'spas.:1n;. Ncitliel- Lhe equipment hercAn 1. ,asej nor
aov int`re .t zhereaa r:h 1.L1 bec�omc part of arty estate of the LESSEE. LESS LE
taiJI pay a E legal and L .tns rtjt:ion COStS ill the repnssession.
RELOCP,`i'it.7N' OF f,,t %ir_%T - I.ES`,f'.E agrees nOt to rlove ttiis equipment to a
locatioa othwr than lucatio,i of use and back to LESSOR'S ,r.lyd without the
express vrittcn consent of the LESSOR.
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SUBLEASING AND ASSIO1MMS - No equipment listed herein may be sublet by
the LESSEE. The LESSEE further agrees not to assign or transfer any interest
in this agreement without the written consent of LESSOR and any attempt
to assign said agreement, whether voluntary or involuntary, without such
written consent is a nullity.
REPAIRS AND �LATNITFNANCE - The LESSOR is required to supply the equipment
in good operating condition. The LESSEE acknowledges by signing this agreement
that he authorizes his representative in taking delivery of the equipment to
acknowledge by signing herein referenced receipt that the equipment is accepted
by the LESSEE as being, in good operating condition. The LESSt?E. agrees that lie
will pay all costs of repairs to equipment ]eased which is malfunctioning or
damaf c:c1 dt,ring , l:t! rental peT icd, includi ni, labor, riatnrials, party ,ind other
itCUIS; _::CCpt i()?' i;%}.t.''1�3a ]:ear and tear. "Norrial, ...Tear and Tear" is d�.finecl a:;
use 0 Lht- cai.ul.r,ir it t:;;dcyr n.,a-;.al :corking conditions, i:i th qualified p, rsr n r l
of op _r :>i)t.-at i.oji, n,:littun ancu and service. I [ repairs ey.i--e 'd i v- LLf-
nor;a_il \17:'3r and tear are noc ( ., ;r'v Upon r(AUrn oL the. eilui l mlerit, 1.I.SsOk, Ont'c!
notify:ini; the l FSS1-1., is albs rued to make s11Ch repairs and bill. the 1:I:SS1-'h-
LESSI?E will not periait the equi-pl%lent to be. abused , overloaded or used beyond its
capacity.
l!ISPECTiCN - !;k.,ore delivery is made and after L1SSOK indicates equipr:cnt
is avai-sable for use of LESSF:i:, the 1.ESS11: ;iay requi.-t- inspection of the
equipir«nL. if it i; not in subst,:,ntially the cvndiLivn requir!-... by this
aorecrient, the cost of inspection will be paid by the I,ESSI)k, and the 1_ESSUC
may Cancel the asrt •aaent at hip option, or requ .re the 1,1:SS4'-)h to supply eciuip-
irient in good order. The LI,SSOP will have the right at any time to inspect -IL-,,
u n egtli.pcierit and :,ill be given free access to it and the necessary facilities
to acco.,iplish the i.nspec Lion.
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INSURANCE - At his own expense the LESSEE shall indemnify the LESSOR
against all loss or damage to the equipment or liability through use of the
equipment during the term of this contract. If the equipment is destroyed
through fire, flood, explosion or any other cause, the LESSEE will repay the
LESSOR the value of the unit as stated on the schedule on the first page of
this agreement. No rental shall apply as part of the payment for loss. Should
the LESSOR at any time determine that the LESSEE might be unable to respond
in such a way as to protect the LESSOR from any liability or damage to the
equipment without insurance, the LESSEE shall upon demand of. LESSOR deliver
to the LESSOR an in5urance policy protecting the LESSOR from suc':] loss and in
all amount and form satisfactory to Lho LESSOR'S City Attorney.
TITLI -- Title shall aL all times remain vested in the LESSOI;. Tile
I iESSEE agrees to keep the equipment free a,:, clear of any claizrs, l ier.S Ear
ii:cum1'.ranr:t-5. LESSEE ftirLher agues to use the equipment )I-, accordarice with
:ll. ai�p.L].C:D l e F�OV2riuT:i 11: I" g1:1<-i.l�rl: Ord.Lnda]ci-5 or lake:,. 1,K t: StGi l a :IVe
tho LESSOR iceIediate not:i _a in case any equ .L:.er.t is levied upon or becories
liable to
TAXFS - 1 ESSI:E nhrC,,s to pa ; gill governm,C':,La1 taxes or- other assessments
�a;�ainst this properL. e_:cept as cai!,jnLled on the fir::t pagE`- Of LhiS abrt i'il]Cnt.
WA1V1:1!`3 - No waiver Of ariy p<ri or article U:: this c'ai,reement shill be
CJnSt I'll Ce, LO i..: Waiver Of any OLlhor parL of article. or be r(-c.ogrized tarl.IOSS
it i`: in writing aril Si..�;ne.',d by DvL{.� p�irLies.
1A,SS0it ':{)1' i,Irl Gi_ - 11, i.q ca:tua 1 v i�reed tb'it the LF.SSOR will not be-
or cl,]r;ri of. .any U.id , resulting from deft,cLs,
inetficienc;, of equipment or accidental. breal,age of the equipment involved
ill this agrt.;Dz:ent. 1'i]c>. i-1:SSOR shall be helot har:aless by 1ESS6' for airy and
all losses, claims and/or daama�cs .:arising out of use or operation of this
equipment during the rental period.
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PERFORMANCE - LESSOR and LESSEE, for themselves, their successors,
executors, administrators and assigns, hereby agree to the full performance
of the terms, conditions and covenants contained herein.
IN WI LESS WHEREOF, the undersigned have executed this agreement
the daY and year above indicated.
LESSEE; Town of Los Altos Hills
City MaInager
LESSO!': CITY OF C:* "i
a municil)--1 cor,ror it i>);.
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EXHIBIT "A"
RECEIPT AGREEMENT
1-he undersigned LESSOR agrees to rent to Lg'SSEE and the undersigned
LESSEE agrees to rent from LESSOR., upon the terms and conditions expressed
in that certain Equipnent Rental Agreement between them dated the: �'� � day
of 19 9y and those set for t.fi in this doclmient, the
following units of equipment:
Est;mated Location Anticipated Base Rental
Type of Fouipment Serial l _ Va.1tie of Use _ Rental`— Hr.
Stephenson Mark VIA__7691 A1,590
Speed Analyzer -- -- --- �—_— - — -- -- -- ---- —
----,—___--
Overtime Plan
1r.surancc Covea �e
The minirr,un; period of rental. is — - One dam_-__—���
The ma::in;utr, period of rr-ntal is - Five consecutive days
LESSEL acknowledges that the ) i,itud equir>:::ent has been received in good
mechanical %::urki_ng cor.drion, and due:, here.-by t,gree to return said equip,:ent
in like condition - reasnnablc w(� ;jr .:;,d tear, as defined in referenced Equipm,!nt
Rental A-rc�2fi:-nt, excepted. The LESSOR sac! l_ESSF.E for th,•ciselves, their
successors, e;{ecutars, administrator,; arld assiL;rls, hereby: agree to the full
perforniance of the terr:s , conditions and covenants contai.ncd in such Equipment
Rental Agreement and this, document.
a
Exhibit "A°1
RECEIPT AGREEMENT
IN WITNESS WHEREOF, we have executed this docturent this day
of �� --��
- 19--�
�2
LESSEE: Town of Los Altos Hills
Witness
LESSOR:
Return, to Lessor o: Equip-m.ent in City Of Cuperti-=o
good eiech 10,
1""JI �.?orking co_-idition
is herc.b c' :� ;.�ied,aed : 1
Date-
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AAN
C$ta of Cuperti"o
T0: "�• E• Ryder, Director of Admin. Services
DATE November 26, 1974
FROM: Bert J. Visko-;ich, Director of Public works
SUBJECT: Equipment Rental Agreement
City of Cupertino and Touii of Los Altos Hills
Attached for your files is a fully executed agreement for the
rental of radar equipment by the Town of Los :altos Hills.
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