mobile * DesignSpac
modular . 866.508.0340 | mabllemadular.com
May 17, 2021
e have BIG news! We are pleased to announce that Mobile Modular Management Corporation recently acquir e modular building and container rental fleet of Design Space Modular Buildings. As a leading provider of hi quality modular solutions, Moblie Modular Is excited to combine our fleet and the modular building expertise of WHAT DOES THIS MEAN FOR YOU?
New business name. The company will operate under the Mobile Modular and Mobile Modular Portable Storage brands. Soon, you will see sales, customer service and billing correspondence under these new names.
e can ship to you. For over 40 years, our mission has been to become the leading provider odular bullding solutions. Our acquisition of Design Space brings us one step closer accomplishing this goal by expanding our footprint into eight additional states, providing you access to a larger fleet of modular buildings and portable storage units in the communities where your business operates.
Customer care and billing. Though we will now operate as one company-Mobile Modular-you can rely on the same personal working relationships that you have had in the past. You will still be lealing with the same people, and you can depend on the same high quality of work. Your invoice customers, we wil contact you do update your information in us wil hate for credit care Our FAD, a or mobilemolar cor estes relenty asked qued count services call 37-21-2813 or vist Welcome to the family!
Sincerely,
Bilitandin, Parishen
Phil Hawkins Paul McShane
Vice President, Mobile Modular President, Design Space Modular Buildings Mobile Modular is a division of McGrath RentCorp.
ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT
CONSENT AGREEMENT
/HEREAS, Assignor and City entered into that certain Supplier Contract dati ovember 7. 2018, for modular buildings ("Agreement"): al WHEREAS, the Agreement was subsequently extended through November 30, 2021 pursuant to the terms of the Agreement; and
Apreement without the write co Sect on the oy, he Agreement, Assignor may not assign the acquire al of Asignors ise, as entered into an Asset Purchase Agreement with Assignor to assignment of the Agreement.
OW, THEREFORE, in consideration of the premises and their respective be terests, the parties agree as follow
Assignor assigns to Assignee the rights and obligations of Assignor as provided in the Agreement.
2. Assignee accepts the assignment of the Agreement and agrees to assume and perform al covenants and obligations required of Assignor thereunder to the extent, but only to the extent, occurring or accruing from and after the date hereof. Assignee covenants and agrees to indemnify, save, defend and hold harmless Assignor from and against any and Il loss, liability, claims, causes of action, demands, damages, expenses and cost ncluding, but not limited to, reasonable attorneys' fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and which arise out of or relate to causes of action occurring from and after the date hereof Assignor hereby agrees to indemnify, save, defend and hold harmless Assignee from and against any and all loss, liability, claims, causes of action, demands, damages, expenses and costs including, but not limited to, reasonable attorneys' fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and when arise our of or relate to causes of action occuring prior to the date
3. City hereby consents to the assignment by Assignor to Assignee pursuant to the terms hereof and acknowledges that from and after the date hereof, Assignee has assumed all of Assignor's obligations with regard to the Agreement.
Assignor and City do hereby represent and warrant to Assignee neither party is in default under the Agreement, nor does there exist any matter that, but for the passage of time, would constitute a default under the Agreement.
5. This Assignment may be executed in any number of counterpart copies which togethe hall constitute one and the same document; and a signed copy of this Assignment ser by a party by fax or email shall be effective and binding on the sending party as if it was an original signed copy of the document.
IN WITNESS WHEREOF, the undersigned have executed this Assignment, Assumption, and Consent Agreement to be effective as of the day and year first above written.
ASSIGNOR: ASSIGNEE:
Design Space Modular Buildings, Inç. McGrath RentCorp
By: _
Name: Brt: in MiShane Name: /SAAC
Title: Operatièns Manager
By:_ By:_
Name: Name:
Title: Title:
CITY:
CITY OF SAN BERNARDINO
By:
Robert D. Field, City Manager
APPROVED AS TO FORM: ATTEST:
Best Best & Krieger LLP Genoveva Rocha
City Attorney City Clerk
# DesignSpace Corporate Officu
mobile 5700 Las Positas Rd. Livermore, CA 94551
modular B66.508.0340 | mobllemodular.com
May 17, 2021
We have BIG news! We are pleased to announce that Mobile Modular Management Corporation recently acquired the modular building and container rental fleet of Design Space Modular Buildings. As a leading provider of high- quality modular solutions, Mobile Modular is excited to combine our fleet and the modular building expertise of our teams to serve the valued customers of Design Space.
WHAT DOES THIS MEAN FOR YOU?
New business name, The company will operate under the Mobile Modular and Mobile Modular Portable Storage brands. Soon, you will see sales, customer service and billing correspondence under these new names.
We can ship to you. For over 40 years, our mission has been to become the leading provider of modular building solutions. Our acquisition of Design Space brings us one step closer to accomplishing this goal by expanding our footprint into eight additional states, providing you access to a larger fleet of modular buildings and portable storage units in the communities where your business operates.
Customer care and billing. Though we will now operate as one company-Mobile Modular-you can rely on the same personal working relationships that you have had in the past. You will still be dealing with the same people, and you can depend on the same high quality of work. Your invoices will soon come from Mobile Modular, and your remittance address will change. For credit card customers, we will contact you to update your information in our billing system soon.
New remittance address. Moving forward, please make payments to:
Mobile Modufar Management Corporation, P.O. Box 45043, San Francisco, CA 94145 Questions? For more details on the acquisition, billing, payments, and account services call 877-221-2813 or visit our FAQ page at mobilemodular.com/resources/frequently-asked-questions.
Welcome to the family!
Sincerely,
Slip achin
Phil Hawkins Paul McShane
Vice President, Mobile Modular President, Design Space Madular Buildings Mobile Modular Is a division of McGrath RentCorp.
SUPPLIER CONTRACT
CITY OF SAN BERNARDINO
1. INTRODUCTION
Incorporation of Documents. This Contract includes and hereby incorporates in full by
2. CONTRACT TO PROVIDE SERVICES
adequately deliver, set-up, modify, breakdown, remove and lease a modular building ("Services" o Project"). The Services are more particularly described in Exhibit "A" attached hereto and incorporate permits necessary to perform the Services.
02 mi a it 2 or an in the moder buildup al he no 42 aerial to gese.
1.2 Lease. This transaction is a lease and not a sale. City does not acquire throu is Contract or by payment of rental under this Contract any right, title or interest in or to the Equipme except the right to possess and use the Equipment so long as City is not in default under this Contract.
Supplier as to the insurer and as to the form and amount of coverage, with premiums prepaid.
Extra Work. At any time during the term of this Contract, City may request that Supplier perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary but which the parties did not reasonably anticipate would be necessary at thi execution of this Contract. Supplier shall not perform, nor be compensated for, Extra Work withou written authorization from the City.
Term and Schedule. The term of this Contract shall be from December 1, 2018 to November 30, 2019 inclusive ("Initial Term"), unless earlier terminated as provided herein, The City shall have the unilateral option, at its sole discretion, to renew this Contract for two (2) additional twelve BBK: 2018
65600.00100131615309.3
by reference. The City must give Supplier sixty (60) days' prior written notice of the date on which the Equipment is to be returned.
Compensation. Supplier shall
reimbursed for any expenses unless identified in Exhibit "C" or authorized in writing by City. payment under this Contract.
2.5 Subcontracte. Supplier shall not subcontract any portion of the Services required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract,
3. PAYMENT AND TERMS
Independent Contractor. The Services shall be performed by Supplier or under its supervision. Supplier will determine the means, methods and details of performing the Services subjec to the requirements of this Contract. City retains Supplier on an independent contractor basis and not a an employee. All persons performing Services shall not be employees of City and shall at all times be under Supplier's exclusive direction and control. Supplier warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Supplier represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. Upon City's request, Supplier shall provide City with the identification information of any person performing Services on site and shall provide information related to the license, registration, and other qualifications of subcontractors. Any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Services by Supplier at the request of City. This section does not authorize the subcontracting of any part of the Services.
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Party's Representatives.
3.4 Termination.
3.4.1 Initial Terma. Customer may terminate this Lease prior to the expiration of the Initial Term, subject to all terms and conditions of this Contract, and the City will pay (in addition to tear down and retur charges) the following termination charges:
3.4.1.1 If Customer is the first user of the Equipment: the remaining unpaid rental charges for the Initial Term;
3.4.1.2 If Customer is not the first user: The lesser of the remaining term or, twelve (12) times the AWLC.
3.4.1.3 The "Adjusted Weekly Lease Charge" or "AWLC" means th Veekly Lease Charge less that portion representing amortization of any delivery, set-up, teardown, retur or similar one-time charges and customer-requested modifications not provided as a separate charge under the terms of this Lease (the "Amortized One-Time Costs")
3.4.1.4 In addition to the fermination charges outlined above, City will pay in full the unpaid Amortized One-Time Costs and rental for ancillary equipment such as steps, decks, and ramps. In no case will the termination charges be in excess of the rental charge for the remainder of Initial
3.4.2 Renewal Term. After the Initial Term, the Contract may be terminated by City al
3.4.3 Termination by Supplier. Supplier may not terminate this Contract except for cause.
4. SUPPLIER'S RESPONSIBILITIES
4.1 Laws and Regulations. Supplier shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in ay manner affecting the performance of th Contract or the Services, including all Cal/OSHA requirements, and shall give all notices required by law Supplier shall be liable for all violations of such laws and regulations in connection with the Services.
Supplier shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Each and every provision of lav and olause required by law to be inserted i this Coatract shall to deemed to is inserted 3 BBK: 2018
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4.2 Indemnification. Supplier shall defend (with counsel of City's choosing), indemnify and hold City, its officials, officers, agents, employees and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudalent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Supplier, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Contract, including claims made by subcontractors for nonpayment, and attorneys' fees and other related costs and expenses. To the fullest extent permitted by law, Supplier shall defend, at Supplier's own cost, expense and risk, with counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives. To the extent of its liability, Supplier shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding.
employees, and representatives, for any and all legal expenses and costs incurred by each of them i connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782.
4.3 Insurance._
4.3.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance reguired under this Section.
4.3.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain agents, representatives, employees
insurance shall meet at least the following minimum levels of coverage:
Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation an imployer's Liability: Workers' Compensation insurance as required by the State of Califonia an Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one Minimum Limits of Insurance. Contractor shall maintain limits :
ss than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and prope Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code 4 BBK: 2018
55600.00100\31615309.3
of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. days prior to the expiration of any suchi pes: Cy, ellence hovig in f Constran. At as fies been premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
Additional Insured The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
4.3.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
General Liability. The general liability policy shall include or be and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors. officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called BBK: 2018
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excess of the specibed minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 4.3.3.2. sal be rand an a A l Creat of here policy ruined or can fernet after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
Separation of Insureds: No Special Limitations: Waiver of Subromation. insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor procure a bond guaranteeing payment of losses and related investigation costs, clairs and administrative and defense expenses.
Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they
1.3.7 Acce tability of Insurers. Insurance is to be placed with insurers with a curzer
1.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the City BBK: 201B
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crite and at rent me be reced adapted bye cy bore pica a ange to 'ontractor's insurer, any pori all insurance
Services under this Agreement.
under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, contined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
4.3.11 Additional Insurance: Supplier shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
LABOR LAWS
Prevailin Wares. Supplier is aware of the requirements of California Labor Code Section 1720, et seg., and 1770, et seg., as well as California Code of Regulations, Title 8, Section 16000, et seg, ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Supplier agrees to fully comply with such Prevailing Wage Laws. Upon request, City shall provide Supplier with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract, If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Supplier and all subcontractors performing such Services must be registered with the Department of Industrial Relations. This Project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Supplier's sole
6. MISCELLANEOUS
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Supplier: Design Space Modular Buildings, In
0631 Banana Avenu
Fontana, CA 92337
ATTN: Mike Forrest
City: City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Alex Qishta, P.B., Deputy DPW/City Engineer
With Copy To:
city of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Any notice so given shall be considered received by the other Party forty-cight (48) hours after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
Non-Discrimination. Pursuant to the requirements of Federal and State law, including but not limited to, California Labor Code Section 1735, 29 U.S.C. § 623, and President's Executive Ordes No. 11246, and supplements thereto, in the performance of this Contract and in the hiring and recruitment or any other status protected by law.
Miscellaneous. This Contract contains the entire agreement of the Parties with respect to successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
Supplier shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, ight, title or interest assumed by Supplier herein without the prior written consent of City. No waiver o uy default shall constitute a waiver of any other default or breach, whether of the same or other covenan or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party sall ontract may be executed in counterparts, each of which shall constitute an origina
SUPPLIER'S CERTIFICATIONS
busies and to Aucti liver and proct upote he did area age to cone. have the legal power, right and authority to make this Contract and bind Supplier.
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.
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CITY OF SAN BERNARDINO DESIGN SPACE MODULAR BUILDINGS,
INC.
Panese Soone
By: By:
Andrea M. Miller Paul Je MrSiane, President
City Manager [lf Corporation, TWO SIGNATURES
President OR Vice Presiden
\Secretary OR Treasurer REQUIREDI
ATTEST:
By:
Dar TiGregor, easier
By Alengear panne 1020841672 Circadion
Georgeann Lina, CMC (
City Clerk
APPROVED AS TO FORM:
By:
Gary D. Saenz
City Attomey
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EXHIBIT "A"
SCOPE OF SERVICES
1. DELIVERY/INSTALLATION
1.1 Supplier shall provide all labor, materials, lools, equipment, services, and incidental anc customary work necessary to fully and adequately deliver and install a modular building for leas including delivery, set-up/block and level, tie-downs/anchors, skirting, door and window security bars ramp delivery and installation, and modifications
City will provide free and clear access for delivery of the Equipment by standard mobile transport vebicles. City will be solely responsible, at its cost, for preparation of the site on which the Equipment is to be used (the "Site"), including any required structural or grade alterations and identification of utility lines. City will provide firm and level ground on no more than six-inch (6") slope from one end to the other for safe and unobstructed installation for the Equipment. Site election is the sole responsibility of City, SUPPLIER ASSUMES NO LIABILITY OR OFFERS ANY WARRANTY FOR THE FINESS FOR ADEQUACY OF THE UTILITES AVAILABLE AT THE SITE. Supplier DISCOURAGES THE USE OF HOLDING TANKS ILO A PERMANENT SEWER CONNECTION. IF
USED, THE CITY ACCEPTS RESPONSIBILITY FOR THE SERVICE, LIMITATIONS AND CONSEQUENCES OF USING SUCH SYSTEMS.
City will have sole responsibility, at City's cost, to obtain any and all licenses, titles, building and other permits and any other approvals and certificates as may be required by law or otherwise for the installation and placement of the Equipment and City's lawful operation, possession or occupancy of the Equipment, City agrees that all certificates of title or registration applicable to the Equipment will reflect Supplier's ownership of the Equipment.
Supplier's delivery of the Equipment is subject to delays in manufacturing, modification, delivery or installation due to fire, flood, windstorm, riot, civil disobedience, strike or other labor actions, acts of God, or any circumstances beyond Supplier's control (including but not limited to breaches by Supplier's subcontractors or manufacturers) which delay the manufacture or modification of products or the making of deliveries in the normal course of business.
1.5 The Supplier's Representative shall work closely with the City's Representative, or their designee(s) to coordinate the work. Upon completion of set-up, a final inspection walk shall be completed by the Supplier's Representative with the City's Representative. The City will provide at the
2. MAINTENANCE OF EQUIPMENT
City, at City's sole cost, will keep the Equipment at all times until the return date in good repair and operating condition, return it in the same condition it was delivered subject to ordinary wear A-1
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and tear, and free of any and all liens and encumbrances. Supplier will have the right to inspect the quipment from time to time until the return date and if Supplier believes the Equipment to be misuser bused or neglected, Supplier may summarily remove and repossess the Equipment at City's cost The Supplier shall provide a full warranty for the Equipment for the duration of th ontract. This includes auy defect not cause by excessive wear and tear during the Contract. Suppli will warrant the structural integrity of the building(s) and any defect not caused by excessive wear and respond to all HVAC related maintenance requests within twenty-four (24) hours and shall have repairs completed with functional HVAC within forty-eight (48) hours of initial contact.
The Supplier shall agree that if the Equipment or any of the materials furnished by the Supplier should fail due to any reason other than improper operation, or should any portion of the worl fail to fulfill any of the requirements of the Contract, the Supplier will, within three (3) days afler written notice of such defects, commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. In the event the Supplier fails to comply with the above-mentioned conditions within a reasonable time after being notified, or should the exigencies of the case require repairs or replacements to be made before the Supplier can be notified or respond to notifications, the Supplier does hereby authorize the City to proceed to have the defect repaired and made good at the Supplier's expense, and the Supplier will pay the cost therefore upon demand.
The warranty herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the Contract and by law.
City will perform, execute and comply with all Laws, which in any way affect the use, operation, maintenance, or storage of the Equipment. "Laws" means all laws, rules, regulations or orders of any governmental agency or instrumentality of the United States, Canada, any state province, municipality or other local government and all orders, writs and decrees of any court, tribunal or administrative agency, in any case which now exist or hereafter arise (including but not limited to laws governing Hazardous Substances and other environmental risks and the Americans with Disabilities Act).
City will not make or permit any unlawful use or handling of the Equipment.
3. REMOVAL
customary work soleral to til all of nacil rod, lie ey, ever handing rest and modifications, dismantling/teardown, removing tie-downs/anchors, removing skirting, and removing ramp and landings.
3.2 Upon removal, Supplier shall restore the installed work area to its initial condition. Any Alt iles a crite are be opted, bupie shal perina house angers of te location of the work with the City's Representative.
A-2
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EXHIBIT "B"
SCHEDULE OF SERVICES
B-1
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* DesignSpace LEASE AGREEMENT NO: F004796
CUSTOMER NUMBER:
CUSTOMER PO/REF. NUMBER:
RETURN EQUIPMENT TO DESIGN SPACE: Equipment Located At Contact 10631 Banana Avenue Name:
Fontana, CA 92337 Phone:
Phone: 909-348-2800 San Bernardino, CA E-mail:
Fax: 808-349-2110 SB County @7.75%
DESIGN SPACE MODULAR BUILDINGS, INC. (Lessor) hereby leases the equipment specified below (the "Equipment) to:
Lessee Name (Customer) & Address
City of San Bemardina
Billing Contact:
Customer hereby leases Equlpment from Lessor for a minimum period of 12 months (the "Minimum Lease Period") from the sterl of the lease term in accordance with the terms and conditions of this Lease Agreement Including the terms and conditions set forth on the attached page (this "Lease"). Rental month is defined as a thirty-day perlod. Customer agrees to pay Lessor without demand and in advance the monthly rental and other charges on the due dates set forth in this Lease. The anticipated delivery date for the Equipment, subject to Section 3(c) on the attached page, will be on or about: 12/13/2018 Unit No. Serial No. Width Length Monthly ekly Dally Insurance Value 4137-8 58785-01-02 24 60wet $B50.00 18.67 $63.33 $72,350.00
ONE TIME CHARGES AMOUNT MONTHLY CHARGES AMOUNT
Billed Al Time Of Delivery BUILDING(S) * $950.00
DELIVERY $748.00 ADDITIONAL LEASE COSTS"
SET-UP / BLOCK & LEVEL $2,363.00 OTHER"
TIEDOWNS / ANCHORS* QTY: 14 $1,414.00 INSURANCE WAIVER*@1.00/day per floor SKIRTING* FT: 188 $4,526.00 STEPS " QUANTITY: 1 Included DOOR & WINDOW SECURITY BARS Included RAMP * SIZE: 38 Switchback $270.00 RAMP DELIVER AND INSTALL $1,205.00
MODIFICATIONS / LABOR $420.00
Billed At Time Of Retury *
• RETURN DELIVERY $748.00 • TAXABLE ITEMS
RESTORE MODIFICATIONS $1,258.00
• DISMANTLE/TEARDOWN $2,383.00 SUB-TOTAL MONTHLY $1,220.00 REMOVE TIEDOWNS/ANCHORS $438.00 DOH/DMV/PPT Tax* $26.06 : REMOVE SKIRTING $1,125.00 SALES TAX @ 7.75% $06.57
REMOVE RAMP & LANDINGS $1,205.00 TOTAL MONTHLY $1,342.63 in Billed at current rate at Termination
not returned are billed at $50.00/each.
Signed by duly authorized agents, with the intent to be legelly bound, thin _ day of 2018 By: By:
DESIGN SPACE MODULAR BUILDINGS INC. CUSTOMER OR AUTHORIZED AGENT Name: Mike Forreet. Name:
SALES REPREBENTATIVE (Please print) ...
TERMS AND CONDITIONS OF LEASE AGREEMENT
LEASE
This transaction is s lease and not a sale. Customer does tol acquire through this Lease or by payment of rental onder this Lease any right, title or interest in or to the Equipment, exoept the right to possess and use the Equipment so long as Customer is not in default under this Leasc.
2. RENTAL AND OTHER PAYMENTS
The start of the lease fenn is the date on which Lessor substantially completes its scope of work for instalation, unless otherwise agreed to among the parties.
Monthly rental will socrue through and including the month in which the later of the Return Date or End of the Term occurs. The "Return Date" is the date on which the Equipment is returned to Lessor in accordance with the terms of this Lease. The "End of the Term" is the date on which the term of this Lease is to expire either originally, under a renewal term or under moath-to-month renewals ps contemplated by this Lease, Reatal and such other oharges will be prorated on a dally basis where necessary. Unless other wise specified in this Lease, charges for delivery and installetion, initial month's rent and any applicable initial charpes as outlined on the front of this agreement will be due and payeble at the start of the icese term, and charges for teardown and return will be due and payable at the earlier of the Return Date or the End of Term. After payment of the initial month's rent, cach month's rent thereafter is due and payable without demand and in advance (i) at the end of each thirty (30) day period following the commencoment of the lease term, if & rental month is defined on the first page of this Loase as a thirty-day period or (fi) on the first of cach month inmediately following the month in which this lcase commences, if a rental month is defined on the firet page of this Lease as a calendar month. All other sums payable by Customer under this Lease are due and payable when invoiced. Uniess agreed otherwise, all payments made under this Lease will be made by Customer's check drawn on its regular bank checking socount or such other form of payment as is acceptable to Lossor.
All payments by Customer will be made without set-off or deduction of any kind. (b) Customer will pay Lessor for any and all sales and use taxes, other direct taxes and registration fces imposed by any city, county, slate, or federal governnent or other taxing authorities and related directly or indiretly to the Equipment or its uso, excluding foderal or statc taxes relating to income (all of the foregoing that Customer is to pay, "Taxes"). Taxes may be allocated by Lessor on either an individual or prorated basis for my item of Equipment based on purchase price, value, possession, use, location, rentals, delivery or operation of such Equipment. Taxes may include an allocation on a statowide basis of locally imposed taxes.
Customer's obligations under this Subsection will survive the teninstion of this Lease. (c) For Customer's colvenience, Lessor intends to issue invoices for amounts due under this Lease. If Customer fails to pay any amount duc within tweaty (20) days of the due date, Lessor may impose a charge on such amount at one and one-half persent (1-1/2%) per month or the highest rate permitted by law, whichever is lower, from the due date until payment in full is received by Lessor.
Delivery and Installation
(a) Custorer will provide free and clear access for delivery of the Equipment by standard mobile transport vehicles. Customer will be solely rosponsible, at its cost, for preparation of the site on which the Equipment is to be used (the "Site"), including any required structural or grede alterations and ideatification of utility lines. Customer will provide firm and level ground on no more than six-inch (6) slope from one end to the other for safe and unobstructed installation for the Equipment. Site election is the sole responsibility of Customer, LESSOR ASSUMES NO LIABILITY OR OFFERS ANY WARRANTY FOR THE FITNESS FOR ADEQUACY OF THE UTILITIES AVAILABLE AT THE SITE. Lessor DISCOURAGES THE USE OF HOLDING TANKS ILO A PERMANENT SEWER CONNECTION. IF USED, THE CUSTOMER ACCEPTS RESPONSIBILITY FOR THE SERVICE, LIMITATIONS AND CONSEQUENCES OF USING SUCH SYSTEMS.
(b) Customer will have solc responsibility, at Customer's cost, to obtain any and all licenses, titles, building and other permits and any other approvals and certificates as may be required by Law or otherwise for the installation and placement of the Equipment and Customer's lawful operation, possession or occupancy of the Equipment, Customer agrees that all certificates of tile or registration applicable to the Equipment will reflect Lessor's ownership of the Equipment. (c) Lessor's delivery of the Equipment is subject to delays in manufacturing, modification, delivery or installation due to fire, flood, windstorm, riol, civil disobedience, strike or other labor actions, acts of God, or any circumstances beyond Lessor's control (including but not limited to breaches by Lessor's sub- contractors or manufacturers) which delay the manufacture or modification of products or the making of delivarics in the normal course of business. (d) The prices for delivery, installation, teardown, retur delivery and other "one-time" charges, the due dates of such charges and the start date of this Lease assume accuracy of the information given to Lessor with respect to site conditions and locations and are subject to adjustment to the extent that the timing of or physical nature of access to the Site is or becomos limited, the Sito does not have adcquate load bearing or topogrephic qualities or is otherwise not proparly prepared, utilities are not correctly located, provision of utilities is not timely or applicable licenses or penmits are not provided in a timely manner or Customer otherwise delays completion of Lessor's scope of work.
4. Maintenance of Equipment
(A) Customer will not move or in any way modify the Equipment without written consent of Lessor. Notwithstanding Lessor's consent to Customer's modification of the Equipment, Customer is liable for the cost of the removal of such modifiation or restoration of the Equipment upon the termination of this Lease for the modified Equipment. Lessor may place its name on the Equipment, and Customer will assure that such name is not removed or concealed in whole or in part.
(b) Customer, at Customer's sole cost, will keep the Equipment at all times until the Return Date in good ropair and operating condition, return it in the same condition it was delivered subject to ordinery wear and tear, and free of any and all liens and enoutabranoes. Lossor will have the right to inspect the Equipment from time to time until the Return Date and if Lessor believes the Equipment to be misused, abused or neglected, Lessor may summarily remove and repossess the Equipment at Customer's cost.
(c) Lessor will warrant the structural integrity of the building(s) and any defect not caused by excessive wcas and tear during the lease term, including damage caused by extrondinary wear from the caviromcut where the customer locates the equipment or site utilities. However, the Customer will be responsible for normal maintenance such as changing HVAC filters, Light bulbs, HVAC programming, lighting control programming, janitorial scrvices, the use of cheir mats, and other minor repains. Lessor will be provided reasonable notice and time to comect defects. (d) Customer will perform, execute and comply with all Laws, which in eny way affect the usc, opcration, maintenanco, or storage of the Equipment. "Laws" means all laws, rules, regulations or orders of any governinental agency or instrumentality of the United States, Canada, any state province, municipality or other local government and all orders, writs and decrees of any court, tribunal or administrative agetcy, in any case which now exist or bereafter arise (including but nol limited to laws goverming Hazardous Substances and other environmental risks and the Amerioans with Distibilities Act). Customer will not make or permit any unlawful use or handling of the Equipment.
(e) HAZARDOUS SUBSTANCES. (i) "Hazardous Substances" means hazardous, toxic, radioactive or bio-hazardous substances or petroleum products. (i) Customer will not use or store Hazardous Substances in the Equipment, except such substences and in such quantities as would be normal in the operation of a comercial offipe. Customer will not locate the Equipment at a remediation or nuclear site or use the quipment for medicel laboratory testing. (ili) Ordinary wear and tear does not include contamination by Hazardous Substances. If any returned Equipment is found to have been contaminated by Hazardous Substance during Customer's possession, Lessor may charge Customer for the clean up or may require Customer to purchase the Equipment at the then current market price charged for an uncontaminated unit.
(1) Customer agrees that any petson other than Costomer or its agents, employees or invitees will not occupy the Equipment leased hereunder. The Equipment will not be used for residential or dormitory purposes.
5. NO WARRANTY FOR MERCHANTABILITY OR FITNESS
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, AND ALL WARRANTIES OF ANY KIND, INCLUDING ANY EXPRESSED OR IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE, ARE HEREBY EXCLUDED BOTH AS TO THE EQUIPMENT AND AS TO ANY INSTALLATION, MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR ON THE EQUIPMENT.
6. Limitation of Damages
Customer does hereby expressly waive any and all clums and demands for loss of profits or ofer alleged consequential, incidental or punitive demages arising out of or in connection with this Lease. Lessor is not liable for any loss or darnage to auy property stored, located or transported in, upon, under or around any Equipment and Customer does hereby waive any and all claims and demands for any such loss or damage. (A) Unless specificed otherwise, Customer must give Lessor sixty (60) days' prior waiten notice of the dato on which the Equipment is to be returned.
If Customer, without any further written agreement, continues to possess or occupy the Equipment after the expiration of the initial and any renewal term of Lease, with or without consent of Lessor, Customer will then be deemed to have renewed this Lease on a month-to-month basis subject to such rate as Lessor declures to be in effect (and in the absence of such declaration at the last monthly rate applicable to the Equipment), and Lessor may tenninate such montb-to- month extensions at any time
(o) IE, at any time after the initial term, any renewal term or at any time this Lease is on a month-to-month basis, Lossor requests the return of the Equipment.
Customer will return the Equipment to Lessor, within five (5) days, at Lessor's designated address, at Customer's cost as outlined on the face of this agreement.
Additional charges will apply if Lesset must retura the building and the bullding's path of reroval is blocked, obstructed, utilities aé not disconnected, require equipment beyond a truck, or impaired in any way. Missing accessories, attachments or other items, repairs of any kind and restoration to original specifications whether due to Customer alterations or otherwise will remain the sole responsibility of Customer, normal wear and tear excepted. (đ) Customer may terminate this Lease prior to the expiration of the Minimum Lease Period, subject to all terms and conditions of this Leuse, and the Customer will pay (in addition to tear-down and relur charges) the following termination charges:
If Customer is the first user of the Equipment: the remaining unpaid rental charges for the Minimum Lease Period; If Customer is not the first user: The lesser of the remaining term or, (A) If the Minimum Lease Period ("MLP"") is less than three (3) rental months, four (4) times the Adjusted Weekly Lease charge ("AWL"*); if the MIP is between three (3) rental months and six (6) rental months, inclusive, eight (8) times the AWLC:
if the MLP is more than six (6) rental months but one (1) year or less, (welve (12) times the AWL; if the MLP exceeds one (i) year, fourteen (14) times the AWLC for each year, or partion theroof, of the portion of the MLP cancelled. i) The "Adjusted Weekly Lease Charge" or "AWLC" means the Weekly Lease Charge less that portion representing amortizetion of any delivery, set-up, teardown, refur or similar one-time charges and customer-requested modifications not provided as a separale charge under the terms of this Lease the "Amortized One-Time Costs").
In addition to the temination charges outlined abovc, Customer will pay in full the unpaid Amortized Obo-Time Costs and rental for ancillary equipment such as steps, decks, and ramps. In no case will the termination charges be in excess of the rental charge for the reainder of MLP.
Indemnification
Customer bereby specifically indemnifies, agnes to defend and holds harmless Lessor, its cmployees and agants from any and all loss, clairs, liabilities, damages, fines, forfeitures, seizures, pcualties and expenses (including attorncys' fics and investigative costs) (collectively "Losses") that mey arise from or in connection with:
(a) The loss of or damage 1o the Equipment prior to the Return Date beczuse of collision, fire, lightning or theft, flood, windstorm or explosion, civil disturbance or riot or any other peril or casualty;
(b) The death of or injury to, including but not limited tn damage to the property of, aty person as a result of, in whole or in part, the use or condition prior to the Retar Date of the Equipment;
(c) Any act or omission of Customer in violations of this Lease; (d) "The actual or alleged storage, maintenance, usc, handling, repair, or operation of the Equipment, prior to the Return Date, including but not limited to any failure to use anchor straps, any work done on, or any materials supplied to or in connection with operation, maintenance, possession or storage of the Bouipment and any loss or damage to mything stored in any of the Equipment; and (e) Any damage lo Customer's property or the property of any third partics incurred during or in connection with the fulfillmeat of Customer's obligations by m behalf of Lessor or the repossession or return of Equipment by Lessor in accordance with the terms of this Lease The obllgations contained in this Section 8 will survive expiration or termination of the farms of this Lease and the Retum Date. The indemnifications contained in this Section 8 will apply to Losses whether they are asserted before or after the Retur Date. (a) Customer, al Customer's sole cost, will procure and kep in ful force and effec, from the initial delivery date until the retum of all Equipment to following policies of insurance satisfectory to Lessor as to the insurer and as to the form and amount of coverage, with premiums prepaid:
Commercial General Liability Insurance with a minimum combined single limit of $1,000,000 per bocurrence, written on an ocourrence form, including coverage for premises, operations, contractual liability, broad form property damage, independent contractors and personal injury liability naming Design Space Modular Buildings as an additional insured.
il) Commercial Property Insurance protecting against all loss and damages, at full replacement cost, sustained or suffered doe to the loss of or damage to the Equipment us a result of collision, fire, lightning, theft, flood, windstorm, explosion or any other casualty, naming Lessor as a loss payee, with a maximum deductible of $500.
(b) Customer will deliver certificates evidencing all such insurance to Lessor within fourteen (14) days after delivery of the Equipment to Customer's site, time being of the essence; except that, if Customer elects to enroll in the Damago Waiver Option, Customer will not have to deliver certificates of insurance to Lessor for the type of risks covered by the Damage Waiver Option as elected by Customer. Each certificate will state that such insurance will not terminate or be materially changed without thirty (30) days' prior written notice to Lessor. (c) If Customer fails to doliver the insurance certificate as regaired by paragraph (b) on the date required, Custoner will be in default under this Lease. In addition to all the other remedies for default under this Lease, Lessor may (i) imposc upon Customer a ano-time foo for insurance processing of One Humdned Dollars ($100) and (il) assess as additional rent an uninsured lessee fee of ten percem (10%) of the monthly retal from the start of the lease term until the required insurance certificate is delivered to Lessor.
(d) Obtaining insurance as described above will not affect Customer's obligations und indemnities under this Leasc, and the loss, dumage to, or destruction of any of the Equipment will neither terminate this Lease nor, except to the extent that Lessor is actually compensated by insurance paid for by Customer, relieve Customer of any of Customer's liability under this Lease.
10. Damage Liability Walver
(8) In certain circumstances, Customer may choose to accept a Damage Waiver Option to cover damage to the Equipment (the "Damage Waiver Option"). If the Damage Waiver Option is available and Customer, in writing prior to delivory of the Equipment to the site, elects to caroll in the Damage Waiver Option, then, Section 10(b) will apply.
(b) If the Damage Waiver Option is properly elected and so long as Cusfomer timcly pays the additional fee specified for such Darnage Waiver Option, Customer will not be required, under the terms of thig Lease, to carry any additional commercial property insurance as required hy Seation 9(a) (il) and Customer will not be bable to Lessor in excess of 5500 per unit of Equipment for loss or damage specified in Scotion 8(a), except customer will not be relieved of liability if Customer violates any other provision of this Loase or if damage results from theft, vandalism, negligence, misuse or abuse. THE DAMAGE WAIVER IS NOT INSURANCE COVERAGE.
(o) Either party may cancel castomer's acooptance of the Damage Waiver Option, or fees for the Damage Waiver Option may be changed upon thirty (30) days prior wtitten notice. If the Damage Waiver Option is, for any reason, cancelled, Customer will provide to Lossor evidence of policies of insurance as set forth in Section 9 (e) (it), as appropriate, within ten (10) days prior to the effective date of such cancellation (d) The limitation of lisbility under the Derange Waiver Option does not exlend to the transportation of Equipment or its contents, or to steps, docks and ramps and, only extends to Equipment installed on ground level with properly installed tie-down anchors. (e) The Demage Waiver Option will not be binding upon Lessor unless my loss, damage, injury or clalm is reported to Lessor in writing within seventy-two (72) bours of the occurrence of any such event. Customer will also provide any information in regard to such event that Lessor reasonably requests.
11. Default
(a) The occurrence of one or more of the following in clauses (a)-(e) below will constitute an Event of Default under this Lease:
(b) Customer fails to pay when due any reatal payment or any other payren due under this Lease or fails to perform its obligations under Section 9 of this Lease:
(c) Customer falls to perform or observe any other term or condition under this Lease and such failure remains unremedied for more than ten (10) days after such ailare to perform or observe;
1) Customer or any person or entity which controls more than fifty peroent (50%) of Customer's equity (a "Control Pesson") or any guarantor of any o astomer's obligations hercunder (a "Guarantor") (i) becomes insolvent, (ii) becomes subject to any voluntary or involuntary bankrupicy or rcorganizatic proccedings, (i) commits an act or bankruptcy, (ly) admits in writing its inability to pay its debts as they become due or (vii) caters into any type of voluntary or involuntary liquidation or dissolution;
"(e) Customer, any Control Persot or any Goaramor defaults ander any other agreemen with Lesson or any offline of Lessor, and
(1 Any letter of credit, gusranty or other security given to secure the performance of Customer's obligations under this Lease expires, terminates or in the reasonable opinion of Lessor becomes worthless,
Upon the occurrease of an Event of Defsult, Lessor will have the option to declare the entire balence of rend for the remainder of the stated lease term immediately. due and payable and ta accelerate and make immediately due and payable any other amounts owiog under this Lease. Lessor will also have the option to retake and retain any or all of the guipment free of all rights of Customer without any further lisbility or obligation to redeliver any of the Equipment to Customer, and Customer hereby grants Lessor the right to enter upon any premises where all or any of the Equipment is located in order to take possession of and remove such Equipmeat. (Notwithstanding the foregoing, if an Event of Default occurs under clause (c) above, such accelerations will occur automatically without the need for declaration.) Customer will pay to Lessor on demand all fecs; costs and expenses inourred by Lessor in enforting all other remedies provided in the Lease or exist in at law or in equity. No action taken by Lessor purspant to this Section 11 or Section 13 will release Customer from Customer's covenants, obligations and indemnities provided under this Lease, including but not limited to Customer's obligation for the payment of rentals provided in the Lease. If Lessor retakes possession of the Equipment or any part of the Equipment and there is at the time of such rebaking, in upon or attached to such repossessed Equipment, any other property, goods or things of value owned by Castomer or in the custady or control of Custamer, Lessor is authorized to take possession of such other property. goods or things and hold the same for Customer, at Customar's sole cost, either in Lessor's possession or in publio storage, at Lessor's sole discretion.
12. LESSOR'S RIGHT TO CURE
If Customer defauhs in any of its obligetions under this Lease, whether or not an Event of Default then exists, Lessor may pay ell amounts or perform or cause in be performed all obligations required to be prid or perforned by Customet under this Lease and recover from Customer as additional rent all amounts so paid or the reasonable value of all services so performed.
13. Set-Off
Without limiting any other provision of this Lease, upon the occurrenco of an Event of Default, Lessor will have the immediate right, without notice, demard or other action, to set-off against Customer any ampunts Lessor may hold as prepayments or deposits for Lessor liabilitics to Customer whether or not then due to Customer. Unless otherwise prolibited by law, Lessor will be deemed to have exercised such right to set-off and to have made a charge against any such sums immediutely upon the occurrence of any Event of Default by Customer.
14. Assignment, Amendment, Modification, Miscellaneous
(a) Customer will not have the right to ussign this Lease or to sublet, reat or otherwise hire out or transfer possession of any of the Equipment to any person or entity other than Lessor, without the prior written consent of Lessor. Lessor may assign this Lease and the reatals reserved under this Lease. If Lossor makes such an assigoment, the assignce will acquire all rights and remedies passessed by or available to Lessor under this Lease. (b) This Lcase contains the entire agreement between the parties pertaining to the subjeot matter of this Lease. No agreements, representations or understandings not spocifically contained in this Lease will be binding upon any of the parties hereto unless roduced to writing and signed by the parties to be bound thereby. Any amendment, modification or addendur to this Lease will not be binding on Lessor unless signed by an authorized officer of Lessor. This Lease will be governed as to its construction, interpretation and effect by the laws of the State of Califoria without regand to pritolples of choice of laws. (c) In the event of any legal action or other proceeding berween the parties regarding this Agreement, the prevailing party shall be entitled to the payment by the losing party of its reasonable attorneys' fees, court costs and litigation exposes, as determined by the court.
* Designspace
From Vailon to Fleslity | On Time and On Budgel
CONTRACT INSURANCE REOUIREMENTS FOR MOBILE/MODULAR BUILDINGS Lease #: F004796 Unit #: 4137-8 Serial#: 56795-01-02 72,350.00 (Section 9 of Lease Agreement)
COMMERCIAL GENERAL LIABILITE: $1,000,000 per occurrence for bodily injury and $1,000,000 per ocarence for property dismage; Or combined single limit of $1,000,000
DESTON SPACE MODULAR BULDING MUST BE LISTED AS ADDITIONAL. INSURED" COMMERCIAL PROPERTY: Special er Brosd Form to include ALL. LEASED UNITS $S00 MAXIMUM DEDUCTIBLE (Flood insurance required for Units localed on a Floor Plain) DESIGN SPACE MODULAR BUILDINGS MUST BE LISTED AS "LOSS PAYEE" CANCELLATION NOTICE: 30 days written notice
Design Space Modular Buildings will wafve the contractual requirement that you provide property Insurance that proteets Desiga Space Modular Bulldings and will walve certain labilities to Design Space Modular Bulldings as outined below.
Daily Rate: Waiver for Damage to Bullding $ 1.00/day/walt Note: WAIVERS ARE NOT INSURANCE COVERAGE- The waivers do not relieve you ofany liabilities to partics other than Design Space Modalar Buildings and, as sel forth below, certaia leblties to Design Space Mochlar Bulldings uro not waived. Design pace reserves the right to decline customers request for waiver. Wal wers are only available What is Waived:
Liability: There is no waiver availeble for General Liability. Please refor to your obligation under Section 9 of the lease agreement and ns saromarized above for the indurance requirements for General Lisbility coverage.
Damage Waiver We waive (a) your obligation under the lease agreement to carry commercial property insurance and (b) your libility to us for repair or replacement of the building structure for loss or damage resulting from fire, lightning, flood, windstorm, or explosion. You will reain lisble to us for the first $500 of damage per unit. Except, customer will not be relleved of liability if Customer violates any other provision of this Lease or if damage results from theft, vandall sm, negligence, misuse or abuse.
If vou want to accept the property waiver complete Jem 1 and 2. If you elect no waiver, complete item 2.
1. _ YES, I (the Lessee) want to take advantege of the Damage Walver option as outlined abore.
Please bll rue for the quoted rate which will appear ou my monthly invole. The waiver is subjeet to cancellation and the ether terras and conditions set forth in the lease arreement.
2.. _ (the Lessce) have Insurance in accordance with Soction 9 of the lease agreement with espert to any category not waived. I will deliver a certificate of Insurance to DSME WITHIN 14 DAYS OF OUTMENT DELIVERY as required by Section 9 of the lease sgreement. DSMB his provided the 14 day grace period as a convenience to customers. I understrind that time is of the essence and thet ift do nol deliver the certificate of insurance within the grace period, 1 will be in defult under the lease agreement and DSMB at its option may, among other actions, tropose a oco-time foe for processing of up to One Huadred Dollass ($100) and may assess as additional rest en uninsured lessee fee of ten percent (10%) of the monthly rentel from the start of the lease term until the required insurence certificate is delivered to DSME.
INSURANCE COMPANY: AGENT NAME;
INSURANCE AGENCY ADDRESS:
AGENT PHONE NUMBER: AGENT FAX No.
ACKNOWLEDGEMENT
SIGNATURE OF LESSEE OR AUTHORIZED AGENT PRINT NAME DATE NOTE: In the absence of a response witbln 14 days of the date of this correspondence the terms outlined under item 3 will apply MAlLAll Certificates Te: Design Space Modular EAX Certificates To: 969349-2110 10631 Banana Avenue
Fontans, CA 92337
UNITS 4137-8
CARPETING
60'
24'
EXHIBIT "C"
COMPENSATION
1. ONE TIME CHARGES
1.1 Delivery
1.1.1 Delivery - $748.00
1.1.2 Set-Up/Block and Level - $2,363.00
1.1.3 Tie-downs/Anchors - $1,414.00
1.1.4 Skirting - $4,526.00
1.1.5 Door and Window Security Bars- Included
1.1.6 Ramp Delivery and Install - $1,205.00
1.1.7 Modifications/Labor - $420.00
Total One Time Delivery Charges = $10,676.00
1.2 Return
1.2.1 Return Delivery - $748.00
1.2.2 Restore Modifications - $1,256.00
1.2.3 Dismantle/Teardown - $2,363.00
1.2.4 Remove Tie-Downs/Anchors - $438.00
1.2.5 Remove Skirting - $1,125.00
1.2.6 Remove Ramp & Landings - $1,205.00
Total One Time Return Charges = $7,135.00 (Steps not returned are billed at $687.00 each and key not returned are billed at $50.00 each.
2. MONTHLY CHARGES
2.1 Equipment including 38' Switchback Ramp
2.1.1 Building - $950.00
2.1.2 Ramp, 38' Switchback - $270.00
2.1.3 DOH/DMV/PPT Tax - $26.06
2.1.4 Sales Tax @7.75% - $96.57
Total Monthly Charge = $1,342.63.
G-1
BBK: 201B
65600.00100131615308.3
EXHIBIT "D"
CITY INSURANCE
1. INSURANCE
1.1 City, at City's sole cost, will procure and keep in full force and effect, from the initial elivery date until the return of all Equipment the following policies of insurance satisfactory to Suppli to the insurer and as to the form and amount of coverage, with premiums prepai operations, contractual liability, broad form property damage, independent contractors and personal injur liability naming Design Space Modular Buildings as an additional insured. loss payee, with a maximum deductible of $500.
2. DAMAGE LIABILITY WAIVER.
I certait curcumstances, City may choose to accept a Damage Waiver Option to cove:
amage to the Equipment the "Damage Waiver Option"). If the Damage Waiver Option is available anc City, in writing prior to delivery of the Equipment to the site, elects to enroll in the Damage Waiver Option, then, Section 2,2 will apply.
acditional fee specified for such Damage Waiver Option, City will not be required, under the terms of this wel not eary any surina comes i propert in orne is epired by elimage, ep cry wil not be relieved of liability if City violates any other provision of this Lease or if damage results from COP, RACism, noBligence, misuse or abuse. THE DAMAGE WAIVER IS NOT INSURANCE The limitation of liability under the Damage Waiver Option does not extend to th notaled on ground level wit properly insaled te down enchand, ramps and, only extends to Equipme.
D-1
BBK: 2018
55600.00100131615309.3
- +
The Damage Waiver Option will not be binding upon Supplier unless any loss, damage, injury or claim is reported to Supplier in writing within seventy-two (72) hours of the occurrence of any such event. City will also provide any information in regard to such event that Supplier reasonably D-2
BBK: 2018
56600.00100\31615309.3