CONTRACT 3418 Leasing Agreement CLOSEDMonica Martinez (OmniRush)
To: Judy Andoe city of El Segundo 11/29/2004 09:47:16AM pa
3.78.
4114 SunSdi Blvd Toll free-. (877) 363 -7998
' '' P.L. Box 29579 Fax- (323) 664-7526
Nl J voc, 4QQ29 ' www.greh.corn
h
LEASE/RENTAL AGREEMENT TERMS & CONDITIONS
Please Read Carefully. You .4re Liable For Our Product Front the Time It Leaves Our lVarehouse
Until the Time We Receive It Back From You
1. Indemnity. Lessee /Renter ( "You ") agree to defend, indemnify, and hold Grosh Scenic
Rentals ( "Us" or "We ") harmless from and against any and all claims, actions, causes of action, demands,
rights, damages of any kind, costs, loss of profit, expenses and compensation whatsoever including court
costs and attorneys' fees ( "Claims "), in any way arising from, or in connection with the Product
rented /leased ( "Product "), including, without limitation, as a result of its use, maintenance, or possession,
irrespective of the cause of the Claim, from the time the Product leaves our place of business when you
rent /lease it until we physically receive the Product back from you.
2. Loss or Damage to Product. You are responsible for loss, damage or destruction of the
Product, including but not limited to losses while in transit, while loading and unloading, while at any and
all locations, while in storage and while on your premises, except that you shall not be responsible for
damage to or loss of the Product caused by our sole negligence or willful misconduct. Loss or delay in
shipment and your damages as a result of such loss or delay shall be at your sole risk.
3. Property and Liability Insurance. You shall, at your own expense, maintain insurance to
protect our Products ( "Property Insurance" and to protect us against suits by persons claiming to have
been injured by our Products ( "Liability Insurance "). The Property Insurance we require must cover the
Products from all losses including coverage for without limitation, (1) theft by force (ii) theft by fraudulent
scheme and /or "voluntary parting (iii) mysterious disappearance (iv) loss of use of the Product. The
coverage must begin from the time our customer picks the Product up at our place of business, or we ship
the Product to our customer, and must continue until the time the Product is returned to and accepted by
us. The Property Insurance must be on a worldwide basis shall name us as an additional insured and as the
loss payee with respect to the Product and must cover all risks of loss of, or damage or destruction to the
Product. The Property Insurance coverage must be sufficient to cover the Products at their replacement
value. The Liability Insurance must include coverage for the operations of independent contractors and
standard contractual liability coverage. The Liability Insurance must name us as an additional insured and
provide that said insurance is primary coverage with respect to all insured's, the limits of which must be
exhausted before any obligation arises under our insurance. Such insurance must remain in effect during
the course of the rental /lease, and must include, without limitation, the following coverages: standard
contractual liability, personal injury liability, completed operations, and product liability. The Liability
Insurance must provide general liability limits of not less than $1,000,000 per occurrence.
4. Damage Waiver Plan. In the event you purchase the Damage Waiver Plan from us, you
will not be responsible for loss, damage or destruction of the Product, except if such loss, damage or
destruction is the result of your willful act or your gross negligence. You still must cover us under your
Liability Insurance as set forth in paragraph 3, above.
5. Insurance Generally. All insurance maintained by you pursuant to the foregoing provisions
shall contain a waiver of subrogation rights in respect of any liability imposed by this Agreement on you
as against us. You shall hold us harmless from and shall bear the expense of any applicable deductible
amounts and self insured retentions provided for by any of the insurance policies required to be
Grosh Scenic Rentals Terns & Condition 1 Revised 11/29/2004
kA—iea Martinez (OmniRush)
To: Judy Andoe aty of El Segundo 11 /2912004
34 1 g .
maintained under this Agreement. In the event of loss, you shall promptly pay amount of the deductible
amount or self - insured retention or the applicable portion thereof to us or the insurance carrier, as
applicable. Notwithstanding anything to the contrary contained in this Agreement, the fact that a loss may
not be covered by insurance provided by you under this Agreement or, if covered, is subject to
deductibles, retentions, conditions or limitations shall not affect your liability for any loss. Lapse or
cancellation of the required insurance shall be deemed to be an immediate and automatic default of this
agreement, The grant by you of a sublease of the Product rented /leased shall not affect your obligation to
procure insurance on our behalf, or otherwise affect your obligations under this Agreement.
If you have advised us that you are self - insured, it is understood and agreed that you will
protect us in the same manner and according to the same terms and requirements as if you carried
the Property Insurance and Liability Insurance described in paragraphs 3 through 5. You shall
hold us harmless from and shall bear the expense of any applicable deductible amounts and self -
insured retentions provided for by your self - insurance program.
6. Cancellation of Insurance. You and your insurance company shall provide us with not less
than 30 days written notice prior to the effective date of any cancellation or material change to any
insurance maintained by you pursuant to the foregoing provisions.
7. Certificate of Insurance. Before obtaining possession of the Product you shall provide to
us Certificates of Insurance confirming the coverages specified above. All certificates shall be signed by
an authorized agent or representative of the insurance carrier.
8. No Warranties. We make no warranties, either express, implied or otherwise, that the
Product is fit or suitable for your intended use (for example and without limitation, with regard to its size,
color, condition or other attributes), or for any other purpose.
9. Installation; Condition of Product. You will provide the tools, equipment and personnel
necessary to set up the Product at your location. Inability to set up the Product will be at your sole risk.
You assume all obligation and liability with respect to the possession of Product, and for its use,
condition, and storage during the term of this Agreement except as otherwise set forth herein. The rent on
the Product will not be prorated or abated while the Product is being repaired for any reason for which you
are liable. We will not be under any liability or obligation in any manner to provide service, maintenance
or repairs for the Product, except as otherwise specially agreed or as may be within the course and scope
of employment by you.
10. Valuation of Loss. Unless otherwise agreed in writing, you shall be responsible to us for
the replacement cost value or repair costs of the Product (if the Product can be restored, by repair, to its
pre -loss condition) whichever is less. If there is a reason to believe a theft has occurred, you shall file a
police report. Loss of use shall be determined by the actual loss sustained by us. Accrued rental charges
shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged Product.
11. Subrogation. You hereby agree that we shall be subrogated to any recovery rights you
may have for damage to the Product rented /lease.
12. Bailment. This agreement constitutes an Agreement or bailment of the Product and is not a
sale or the creation of a security interest. You will not have, or at any time acquire, any right, title, or
interest in the Product, except the right to possession and use as provided for in this Agreement. We will
at all times be the sole owner of the Product.
Grosh Scenic Rentals Terms & Condition 2 Revised 11/29/2004
Monica Martinez (OmniRush)
To: Judy Andoe City of El Segundo _ (/� (��( 1112912004
13. Accident Reports. If the Product is damaged, lost, stolen, or destroyed, or if any person is
injured or dies, or if any property is damaged as a result of its use, maintenance, or possession, you will
promptly notify us of the occurrence, and will file all necessary accident reports, including those required
by law and those required by applicable insurers. You, your employees, and agents will cooperate fully
with us and all insurers providing insurance under this Agreement in the investigation and defense of any
claims. You will promptly deliver to us any documents served or delivered to you, your employees, or its
agents in connection with any claim or proceeding at law or in equity begun or threatened against you, us,
or both or us.
14. Return. Upon the expiration date of this Agreement you will return the Product to us, free
from all damage and in the same condition and appearance as when received by you, allowing for ordinary
wear and tear.
15. Late Fee. If you return the product to us after expiration date of this Agreement, you agree
to pay us a late tee equal to thirty percent (30 %) of the weekly rental charge per day, per item.
16. Entire Agreement. This Agreement and any attached schedules, which are incorporated by
reference and made an integral part of the Agreement, constitute the entire agreement between the parties.
No agreements, representations, or warranties other than those specifically set forth in this Agreement or
in the attached schedules will be binding on any of the parties unless set forth in writing and signed by
both parties.
17. Applicable Law. This Agreement will be deemed to be executed and delivered in Los
Angeles, California and governed by the laws of the State of California.
18, Arbitration. Any controversy or claim, including any claim of misrepresentation, arising
out of or related to this Agreement or breach of this Agreement will be settled by arbitration, in Los
Angeles, California The arbitration will be conducted by a single arbitrator under jurisdiction of and the
then - current rules of the American Arbitration Association. The decision and award of the arbitrator will
be final and binding and any award may be entered in any court having jurisdiction. The prevailing party
in any such arbitration shall be entitled to an award of reasonable attorneys fees and costs in addition to
any other relief granted.
19. Severability. If any provision of this Agreement or the application of any of its provisions
to any party or circumstance is held invalid or unenforceable, the remainder of this Agreement, and the
application of those provisions to the other parties or circumstances, will remain valid and in full force and
effect.
WE AGREE TO THE ABOVE TERMS AND CONDITIONS.
AUTHORIZED REPRESENTATIVE:
JLCV. � �L City of E1 Segundo
Please Print 'our Name Company Name
Date
3
Revised 11/29/2004
Monica Martinez (OmniRush) To: Judy Andoe City of El Segundo
Backdrops
& Drapery
' t
R, NIC RENT' }»
s•�ua� ,<
"Blanket" Lease /Rental Agreement
From time to time during the calendar year, Grosh Scenic Rentals ( "Us" or "We ")will lease /rent our
Products (as that term is defined in the Lease /Rental Agreement Terms and Conditions, attached), to
City of E1 Segundo ( "You "). As to each such lease /rental and as to each and all of the
Products you lease /rent, you agree to be bound by all of the terms and conditions of the Reservation, this
Equipment "Blanket' Lease Agreement and the Lease /Rental Agreement Terms and Conditions which is
attached hereto and incorporated herein by reference.
The following terms shall be specified on the Reservation:
I . Term of the lease /rental;
2. Identity of the Product;
3. Lease /rental rate;
4. Item conditions
Please read this document and the attached Lease /Rental Agreement Terms and Conditions carefully.
They form a binding contract.
I have read and understood the foregoing and I agree to be bound thereby.
City of E1 Segundo
Company Name
utl rize S'
Title
Date
Grosh Scenic Rentals Terms & Condition 4 Revised 11/2912004