Agenda Item
v. Modification to a Previously Approved (October) Board Agenda Item and Budget Reallocation for the Modular Classroom Installation at Salem Middle School (Not to exceed $1,462,834.60)
Summary: Presented by: Erick Hofstetter, Chief Operating Officer, Operations Division
Request: It is requested that the Board of Education approve a modification to the October Agenda Item, “Modular Classroom Building Lease Approval for Salem Middle School (Mobile Modular Management Corporation in a not to exceed amount of $677,177.76)”, to incorporate the total dollar amount for the lease of the portable classroom units in the amount of $383,880.00 for 12 months. The total amount of the October Agenda Item will be modified to include a reduced cost of 652,177.76 to install and remove the mobile classroom units and the above cost to lease the units for 12 months, $383,880.00, for a total cost to Mobile Modular of $1,036,057.76.
Additionally, it is requested that the Board approve a budget reallocation from Program Contingency to the necessary project cost code (SP5FACCON.36535.PRECONST) in the amount of $1,462,834.60. The reallocation will allow funds to be placed in the ESPLOST project budget to pay Mobile Modular for the installation and removal of the portable classroom units and the monthly lease payments. The reallocation will also allow funds to be available to pay the District’s electrical, plumbing, carpentry, IT, and moving vendors, which are typical and necessary for the complete installation of the portable classroom units.
Why: To approve the modification of the October 2023 Agenda Item to include a total amount for the month-to-month lease of the portable classroom units and to approve a budget reallocation from Program Contingency to the necessary project cost code (SP5FACCON.36535.PRECONST).
Details: The proposed modular buildings are to accommodate temporary classroom needs at Salem Middle School during the E-SPLOST V Major Building System
Replacement project. It is anticipated that the portable classroom units will need to be on-site for approximately 12 months. The reallocated funds will cover the expenses for installing and removing the units, monthly lease payments, and payments to the District’s electrical, plumbing, carpentry, IT, and moving vendors, which are typical and necessary for the complete installation of the portable classroom units.
Modular Classroom Installation at Salem Middle School ($1,462,834.60)
Mobile Modular Costs
October BAI
This BAI
Delivery and Installation Fee
$489,589.84
$464,589.84
**
Cleaning and Removal Fee
$187,587.92
$187,587.92
Total One-Time Costs (*this amount previously approved)
$677,177.76
*
$652,177.76
Total Lease Payments for 12 Months
$383,880.00
$383,880.00
Total Budget for Mobile Modular
$1,061,057.76
$1,036,057.76
** This cost reduced because concrete footings are not necessary for the aluminum decks and ramps.
Other Vendor Costs
Electrical Contractor Budget
$0.00
$98,468.32
Plumbing Contractor Budget
$0.00
$92,300.00
DCSD Technology Vendor Budget
$0.00
$44,158.52
Sidewalks and Concrete Pads Budget
$0.00
$126,850.00
Moving Services Vendor Budget
$0.00
$65,000.00
$426,776.84
Budget Reallocation from Program Contingency:
$1,462,834.60
***
***Budget Reallocation amount reduced due to reduced cost to install sprinklers for these units.
Financial impact: The total budget reallocation of $1,462,834.60 from E-SPLOST V Program Contingency will be transferred to the pre-construction cost code (SP5FACCON.36535.PRECONST) under the voter-approved E-SPLOST V program for the Salem Middle School Major Building System Replacement project.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678-676-1475
Mr. Richard Boyd, Director of Design and Construction, Division of Operations, 678-676-1483
Effective: Upon Board Approval
Status: Approved by General Counsel
Mobile Modular Management Corporation Lease Quotation and Agreement
4301-C Stuart Andrew Blvd. Quotation Number: 541479
Charlotte, NC 28217 Lessee PO/Ref:
Phone: (678) 714-0744 Date of Quote: 05/04/2023
Fax: (704) 519-4001 Lease Term: 12 Months
www.mobilemodular.com
Lessee Name and Billing Address Site Location Lessor Name
Dekalb County School System Dekalb County School System Mobile Modular Management Corporation
("Lessee") Salem Middle School ("Lessor")
1780 Montreal Road 5333 Salem Rd Questions?
Tucker, GA 30084 Lithonia, GA 30058 Contact: Wendy Genske
Wendy.Genske@MMMC-Rents.com
Donta Collins Donta Collins Direct Phone: (866) 914-7425
Fax:
Equipment and Accessories Qty Monthly Rent Extended Monthly Rent Taxable
Campus Maker ModPod, 154x65 MS(NonStdW) 2 $13,500.00 $27,000.00 N
154x651354' BoltedVinyl Wrapped Gypsum2 Exterior, 12 Interior12 windows
RNT, Ramp 4' x 40' Straight 4 $775.00 $3,100.00 N
Includes 5'x5' Landing (door) with ADAStep and 5'x5' Landing (if required)
Delivery-related Services Qty Charge Each Total One Time Taxable
Campus Maker ModPod, 154x65 MS(NonStdW)
Block and Level Building (A1) CS 2 $79,750.00 $159,500.00 N
Delivery Haulage 14 wide 22 $2,100.00 $46,200.00 N
Delivery Haulage Fuel Surcharge 22 $370.00 $8,140.00 N
Drawings,Wet Stamped,Building,Standard 2 $7,375.00 $14,750.00 N
Wet StampedEngineered
Install Poured footers 22 $4,250.00 $93,500.00 N
Installation, Skirting, Vinyl 876 $29.00 $25,404.00 N
Installation, Sprinklers and Risers 2 $54,800.00 $109,600.00 N
Poured footers decks and ramps 100 $250.00 $25,000.00 N
RNT, Ramp Install 2 $3,747.92 $7,495.84
__________ N
$489,589.84
______________________
Total___ $ 489,589.84
Estimated Return-related Services Qty Charge Each Total One Time Taxable
Campus Maker ModPod, 154x65 MS(NonStdW)
Cleaning Fee 22 $450.00 $9,900.00 N
Prepare Equipment For Removal (A1) CS 2 $59,800.00 $119,600.00 N
Return Haulage 14 wide 22 $2,100.00 $46,200.00 N
Return Haulage Fuel Surcharge 22 $370.00 $8,140.00 N
RNT, Ramp Removal 2 $1,873.96 $3,747.92
__________ N
$187,587.92
______________________
Total___ $187,587.92
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Mobile Modular is a division of McGrath RentCorp. www.mobilemodular.com
541479, 05-04-2023 08:00 AM prod Page 1 of 8
Lease Quotation and Agreement
Quotation Number: 541479
Lessee PO/Ref:
Date of Quote: 05/04/2023
Lease Term: 12 Months
Total Estimated Charges
Subtotal of Monthly Rent $30,100.00
Personal Property Expense $1,890.00
Taxes on Monthly Charges $0.00
____________________________________________________________
Total Monthly Charges (including tax) $31,990.00
____________________________________________________________
Charges Upon Delivery (including tax) $489,589.84
Charges Upon Return (including tax) $187,587.92
____________________________________________________________
Total One Time Charges (including tax) $677,177.76
Special Notes
E & I Pricing- CNR-01338
Floor Plans
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541479, 05-04-2023 08:00 AM prod Page 2 of 8
Lease Quotation and Agreement
Quotation Number: 541479
Lessee PO/Ref:
Date of Quote: 05/04/2023
Lease Term: 12 Months
Campus Maker ModPod, 154x65 MS(NonStdW)
All drawings and specifications are nominal.
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541479, 05-04-2023 08:00 AM prod Page 3 of 8
Lease Quotation and Agreement
Quotation Number: 541479
Lessee PO/Ref:
Date of Quote: 05/04/2023
Lease Term: 12 Months
Additional Information
• Quote is valid for 30 days.
• Lessee's site must be dry, compacted, level and accessible by normal truck delivery. Costs to dolly, crane, forklift, etc. will be paid by
• Lessee. Unless noted, prices do not include permits, ramp removal, stairs, foundation systems, foundation system removal, temporary
• power, skirting, skirting removal, engineering, taxes or utility hookups.
• Subject to equipment availability. Unless noted, equipment and related furnishings, finishes, accessories and appliances provided are
• previously leased and materials, dimensions, and specifications vary. Detailed specifications may be available upon request.
• For lease transactions, Lessor reserves the right to substitute equal or better equipment prior to delivery without notice.
• This transaction is subject to prior credit approval.Security deposit and payment in advance may be required.
• Sales Tax will be calculated based on the tax rate at the time of invoicing.
• Unless otherwise noted, prices do not include prevailing wages, Davis-Bacon wages, or other special or certified wages.
1. Request your delivery date. Requested delivery date: ____________________________________
Please note: For modular buildings, as a "rule of thumb" allow one day per module to accommodate for set up after delivery.
We will attempt to meet your desired date. However, the date is subject to change based on equipment availability and
readiness and must be confirmed by a Mobile Modular representative.
2. Tell us how you would like to pay.
❏ Bill me on approved credit (you will be sent an invoice for payment as charges are incurred)
❏ Credit card payment (a representative will contact you to obtain the credit card information for billing)
3. Insurance value.
The Estimated Equipment Value is listed below. Lessee is solely responsible for complying with all insurance requirements set forth in the
Lease Terms and Conditions attached hereto.
Item & Description Qty Item Code Insurance Value
Campus Maker ModPod, 154x65 MS(NonStdW) 2 1957 $1,092,000.00
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541479, 05-04-2023 08:00 AM prod Page 4 of 8
Lease Quotation and Agreement
Quotation Number: 541479
Lessee PO/Ref:
Date of Quote: 05/04/2023
Lease Term: 12 Months
This Lease Quotation and Agreement is entered into by and between Lessor and Lessee effective as of the date signed by Lessee. This
Lease Quotation and Agreement includes the terms and conditions set forth in the following two documents (collectively, the “Agreement”),
each of which is incorporated herein by this reference:
1. Lease Terms and Conditions attached hereto; and
2. Supplemental Lease Terms and Conditions located at (https://www.mobilemodular.com/contractterms), as the same may be
updated from time to time in the sole and absolute discretion of Lessor.
IN THE EVENT THE LESSOR AND LESSEE HAVE ENTERED INTO A MASTER LEASE AGREEMENT, THE TERMS OF SUCH
MASTER LEASE AGREEMENT ARE INCORPORATED HEREIN BY THIS REFERENCE, ARE DEEMED A PART OF THIS
AGREEMENT, AND TAKE PRECEDENCE OVER ANY CONFLICTING TERMS IN THIS AGREEMENT.
By signing below, Lessee: (1) acknowledges and agrees that it has received, read and understands the terms of this Agreement and
agrees to be bound by the terms of this Agreement, including prices and specifications, and (2) instructs Lessor to make appropriate
arrangements for the preparation and delivery of the Equipment identified herein. This Agreement may be executed in one or more
counterparts (including through the use of electronic signatures), each of which shall be deemed an original and all of which shall constitute
one and the same Agreement. Upon execution of this Agreement, Lessor shall generate a Lease Agreement Number, which shall be
referenced on all Lessor invoices.
No document provided by Lessee, including, without limitation, Lessee’s purchase orders, work orders, bills of lading, or forms for receipt or
acknowledgment or authorization (“Lessee Forms”), nor the terms and conditions associated with such Lessee Forms, shall amend,
modify, supplement, waive, or release any term or condition of this Agreement (or the Master Lease Agreement, as applicable) even if such
Lessee Forms are signed by an agent or representative of Lessor. The terms and conditions of this Agreement (or the Master Lease
Agreement, as applicable) shall prevail over any Lessee Forms, and any inconsistent or additional terms and conditions in Lessee Forms
shall be deemed void ab initio and of no force or effect.
The individuals signing this Agreement affirm that they are duly authorized to execute this Agreement by and on behalf of the parties
hereto.
LESSOR: LESSEE:
Mobile Modular Management Corporation Dekalb County School System
a division of McGrath RentCorp
Signature:: ________________________________________ Signature: _________________________________
Name: _____________________________________ Name: ________________________________
Title: ______________________________________ Title: ______________________________________
Date: ______________________________________ Date: ______________________________________
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541479, 05-04-2023 08:00 AM prod Page 5 of 8
Lease Quotation and Agreement
Quotation Number: 541479
Lessee PO/Ref:
Date of Quote: 05/04/2023
Lease Term: 12 Months
LEASE TERMS AND CONDITIONS
1. LEASE. Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the Equipment (as defined below). The lease of
any Equipment is governed by the terms of this Agreement. The Equipment is and shall remain the personal property of Seller.
2. TERMS. All capitalized terms used and not otherwise defined herein, will have the meanings set forth in this Agreement. As used in this
Agreement, the following definitions shall apply: “Accessories” shall mean any additions, attachments, or accessories to the modular
buildings, or ancillary services, provided by Lessor to Lessee and identified in this Agreement; “Equipment” shall mean the modular
buildings, Accessories, and/or Services identified in this Agreement, together with any replacements, repairs, additions, attachments or
accessories hereafter rented to Lessee under this Agreement.
3. PAYMENTS AND PRICE ADJUSTMENTS. Lessee agrees to pay to Lessor each payment specified herein on a net invoice basis.
Payment terms are net due upon receipt unless otherwise agreed upon in writing. All payments due from Lessee pursuant to this
Agreement shall be made by Lessee without any abatement or setoff of any kind whatsoever arising from any cause whatsoever. Prices
will be increased by Lessor for unknown circumstances or conditions, including, but not limited to, driver waiting time, special transport
permits, difficult site conditions and/or increases in fuel prices.
4. LEASE TERM; EARLY TERMINATION. The Lease Term and Monthly Rent, each of which are specified in this Agreement, shall
commence on the date the Equipment is delivered to the Site (“the Start Rent Date”), unless a different date is mutually agreed upon in
writing, and shall continue thereafter for the number of months specified in this Agreement as the Lease Term. Lessee agrees to pay the
Total Monthly Charges specified in this Agreement (as may be adjusted pursuant to Section 5 below) for each month during the Lease
Term and any extensions thereof. A month is defined as thirty (30) calendar days; rent will be billed monthly unless otherwise specified in
this Agreement (but rent shall be due and owing even in the absence of actual receipt by Lessee of an invoice or bill). In the event that
Lessee terminates this Agreement prior to the expiration of the Lease Term, Lessor shall be entitled to charge an early termination fee,
even if such termination occurs prior to delivery of the Equipment. Such fee shall be determined by Lessor, in its sole discretion, following
the receipt of the termination request. Such early termination fee may include, but shall not be limited to, charges related to the preparation
of the Equipment for delivery and/or the rental value of this Agreement. In no event shall any such early termination fee exceed the total
value of this Agreement. Lessor shall not be liable to Lessee for any failure or delay in obtaining, delivering or setting up the Equipment. If
Lessee delays delivery of the Equipment for any reason for thirty (30) days or longer from the original delivery date mutually agreed upon
between both parties, Lessor may, in Lessor’s sole discretion, charge Lessee a monthly storage fee equal to the Monthly Rent starting on
the original delivery date, and/or terminate this Agreement, subject to the early termination provisions set forth above.
5. EXTENSION OF LEASE TERM. Upon expiration of the initial Lease Term set forth in this Agreement, the lease of the Equipment shall
automatically be extended on a month-to-month basis until the Equipment is returned to Lessor. This Agreement does not expire and the
terms and conditions hereof shall remain in full force and effect for any extension of the Lease Term, unless otherwise agreed upon by
Lessor and Lessee in writing. Lessor may periodically revise the Total Monthly Charges from those reflected in this Agreement if the lease
of the Equipment is extended beyond the initial Lease Term. If the lease of the Equipment is extended beyond the initial Lease Term,
Lessor may revise the charges for the Estimated Return-Related Services from those specified in this Agreement to reflect Lessor’s
then-current market rates for such services.
6. PREPARATION FOR REMOVAL OF THE EQUIPMENT. Prior to the scheduled removal of the Equipment, Lessee shall, at a minimum:
(a) provide clear access to the Equipment for Lessor to dismantle and remove the Equipment from the Site by industry-standard trucking
methods; (b) disconnect all utilities; (c) remove all personal property of Lessee’s from the Equipment; and (d) in the case of Equipment that
includes plumbing, flush the plumbing lines clean and ensure that no foreign matter remains in any fixtures. Plumbing must be properly
disconnected by Lessee at its sole cost and expense. Lessee will be responsible for costs of repair required by improper plumbing
disconnection to the extent that the Equipment is damaged. Any components, parts or accessories supplied by Lessor must be returned
with the Equipment. In the event that Lessee fails to meet the requirements herein, additional charges may be incurred by Lessee for
additional labor, waiting time, or dry-runs in the event that Lessor is unable to return the Equipment as scheduled.
7. RETURN OF EQUIPMENT. Lessee must provide a minimum of thirty(30) days prior, written notice to Lessor when requesting to return
the Equipment. Lessee is responsible for complying with the requirements set forth in the “Preparation for Removal of the Equipment”
section of these Lease Terms and Conditions. Unless otherwise agreed upon by Lessor in writing, Lessee shall continue to be responsible
for payment of the Total Monthly Charges set forth in this Agreement (as may be adjusted pursuant to Section 5 hereto) until return of the
Equipment to Lessor is completed. The Total Monthly Charges will be prorated in one-half (1/2) month increments only. If the Equipment is
returned within the first fifteen (15) days of the billing period, Lessee shall be responsible for paying half of the Total Monthly Charges; if
Equipment is returned between the sixteenth (16th) and thirtieth (30th) days of the billing period, Lessee shall be responsible for paying the
entire amount of the Total Monthly Charges. The charges reflected in this Agreement for Estimated Return-Related Services will be
adjusted for any Lease Term longer than twelve(12) months or if the Lease is extended beyond the initial Lease Term, pursuant to Section
5.
8. WARRANTIES; DISCLAIMER. Lessor warrants to Lessee that the Equipment, when delivered and set up and under normal use and
regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use
and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the
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541479, 05-04-2023 08:00 AM prod Page 6 of 8
Lease Quotation and Agreement
Quotation Number: 541479
Lessee PO/Ref:
Date of Quote: 05/04/2023
Lease Term: 12 Months
foregoing warranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent
transferable. Lessor’s liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor’s
normal working hours), at Lessor’s option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor
within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may
result in a limitation of this warranty at Lessor’s sole option. If Lessee does not grant clear, unobstructed access for any such repairs
between 8:00 a.m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime
rates. This warranty does not extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or
altered outside of Lessor’s facilities without prior written authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS
AGREEMENT ARE LESSOR’S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND
ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS
OF ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES,
INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY
PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE
OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL
EQUIPMENT AND SERVICES ARE BEING PROVIDED “AS IS”, “WHERE IS, WITH ALL FAULTS”. LESSOR SPECIFICALLY
DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. LESSEE
HAS SELECTED ALL EQUIPMENT FOR LESSEE’S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR
MANUFACTURER OF ANY EQUIPMENT.
9. TAXES. Lessee agrees to be responsible for all charges, fees and taxes (local, state and federal) levied or assessed upon Lessee or
Lessor relating to the ownership, leasing, rental, sale, possession, use or operation of the Equipment (including, without limitation, sales,
use and personal property taxes); provided, however, that the foregoing obligation shall not apply to any local, state or federal income tax
assessed against the Lessor as a result of this Agreement which shall continue to be the obligation of Lessor. Lessee shall pay all such
taxes for which it is responsible to the appropriate taxing authorities or, if directed or invoiced by Lessor, pay such amounts to Lessor for
remittance by Lessor to the appropriate taxing authorities.
10. LOSS OR DAMAGE. Upon delivery and until the Equipment is removed from the Site by Lessor or its authorized agent, Lessee
assumes all risk of loss or damage to the Equipment. Should any Equipment damaged be capable of repair, the Equipment shall be
repaired and restored to its condition existing prior to such damage, at Lessee’s sole cost and expense. In the event any of the Equipment
is damaged beyond repair or is lost, stolen or wholly destroyed, this Agreement shall cease and terminate as to such Equipment as of the
date of the event, accident or occurrence causing such loss or destruction, and Lessee shall pay Lessor within forty-five (45) days
thereafter, an amount equal to the full replacement value of the Equipment, which payment obligation shall survive the termination of this
Agreement.
11. INSURANCE. Lessee shall procure and maintain, at its sole expense (including all premiums, deductibles and self-insured retentions),
(i) property insurance covering the loss, theft, destruction, or damage to the Equipment in an amount not less than the full replacement
value thereof (and with a deductible no higher than $25,000), naming Lessor as loss payee of the proceeds, and (ii) commercial general
liability insurance (minimum of $1,000,000 per occurrence and $2,000,000 in the aggregate) (and with a deductible no higher than
$25,000), naming Lessor and its designees as additional named insureds. Lessee's insurance shall be primary and non-contributory to any
insurance maintained by Lessor or any other additional insureds or additional named insureds. The liability insurance policy shall contain
coverage for all contractual indemnity obligations of Lessee set forth in this Agreement, cross-liability and waiver of subrogation provisions
in favor of Lessor and any other additional insureds. All evidence of all required insurance shall be in a form reasonably acceptable to
Lessor and with a company having an A.M. Best rating of A- (VII) or better, and shall not be subject to cancellation without thirty (30) days’
prior written notice to Lessor. Lessee shall provide to Lessor insurance certificates and endorsements (including without limitation,
additional insured and loss payee endorsements) evidencing compliance with the insurance requirements of this Agreement (including
without limitation, the deductible amounts and waiver of subrogation) prior to delivery of the Equipment and shall maintain all required
insurance coverage until the Equipment is returned to Lessee. Lessor will not and does not provide insurance for any of Lessee’s personal
property that may be in or on any Equipment.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY.
(a) LESSEE ON BEHALF OF ITSELF, ITS SUCCESSORS, ASSIGNS, PARENTS, SUBSIDIARIES, VENDORS, SUBCONTRACTORS,
AND AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, VENDORS, MEMBERS,
SHAREHOLDERS, PARTNERS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (EACH, A “LESSEE PARTY,” AND
COLLECTIVELY, THE “LESSEE PARTIES”) SHALL INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS LESSOR, ITS
SUCCESSORS, ASSIGNS, PARENTS, SUBSIDIARIES, VENDORS, CONTRACTORS, AND AFFILIATES, AND THEIR RESPECTIVE
REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, VENDORS, MEMBERS, SHAREHOLDERS, PARTNERS,
CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (EACH A "LESSOR INDEMNIFIED PARTY,” AND COLLECTIVELY, THE
“LESSOR INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, FEES, COSTS, EXPENSES, CLAIMS,
LIABILITIES, DAMAGES, PENALTIES, FINES, FORFEITURES, AND SUITS (INCLUDING COSTS OF DEFENSE, SETTLEMENT AND
REASONABLE ATTORNEYS’ FEES, ENVIRONMENTAL CONSULTANTS AND EXPERT WITNESS FEES AT TRIAL AND ON
APPEAL) (COLLECTIVELY, “LOSSES”) RELATING TO, ARISING OUT OF OR IN CONNECTION WITH: (1) ANY BREACH
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Lease Quotation and Agreement
Quotation Number: 541479
Lessee PO/Ref:
Date of Quote: 05/04/2023
Lease Term: 12 Months
OR NON-FULFILLMENT OF ANY COVENANT, AGREEMENT, OR OBLIGATION TO BE PERFORMED BY LESSEE PURSUANT TO
THIS AGREEMENT, OR ANY INACCURACY IN OR BREACH OF ANY OF THE REPRESENTATIONS OF LESSEE SET FORTH IN
THIS AGREEMENT; (2) THE OCCURRENCE OF ANY EVENT SET FORTH IN SECTION 13; (3) THE SELECTION, USE,
POSSESSION, DELIVERY, RENTING, LEASING, SUBLEASING, OPERATION, TRANSPORT, MAINTENANCE, CONDITION, REPAIR,
REPLACEMENT, REPOSSESSION, RETURN OR STORAGE OF ANY EQUIPMENT OR ANY SERVICES; (4) ANY FAILURE BY ANY
LESSEE PARTY TO COMPLY WITH ANY APPLICABLE LAW IN CONNECTION WITH ANY EQUIPMENT OR THE SERVICES OR
THIS AGREEMENT; (5) ANY DEATH OR BODILY INJURY TO ANY PERSON OR DESTRUCTION OR DAMAGE TO ANY PROPERTY
TO WHICH THE ACTS OR OMISSIONS OF A LESSEE PARTY CONTRIBUTED; OR (6) ANY NEGLIGENT OR INTENTIONAL ACT OR
OMISSION OF ANY LESSEE PARTY FOR ANY ACTION RELATED TO OR ANY USE OF ANY EQUIPMENT. THIS INDEMNITY
SHALL APPLY EVEN IF SAID LOSSES ARE OCCASIONED, BROUGHT ABOUT OR CAUSED BY THE CONCURRENT
NEGLIGENCE OF ANY LESSOR INDEMNIFIED PARTY, UNLESS A COURT OF COMPETENT JURISDICTION SHOULD DETERMINE
THAT THE LOSSES WERE PROXIMATELY CAUSED BY THE SOLE NEGLIGENCE OR WILLFUL ACTS OR OMISSIONS OF A
LESSOR INDEMNIFIED PARTY. IF THE FOREGOING OBLIGATIONS ARE NOT ENFORCEABLE AGAINST LESSEE UNDER
APPLICABLE LAW, LESSEE AGREES TO INDEMNIFY, DEFEND, RELEASE AND HOLD HARMLESS LESSOR INDEMNIFIED
PARTIES FROM AND AGAINST ANY AND ALL LOSSES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
INCLUDING, WITHOUT LIMITATION, TO THE EXTENT OF THE ACTS OR OMISSIONS OF THE LESSEE PARTIES’ NEGLIGENT OR
WORSE CONDUCT. THIS INDEMNIFICATION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS
AGREEMENT.
(b) TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, LESSOR’S LIABILITY, IF ANY, SHALL BE LIMITED TO THE VALUE OF
RENTAL FEES AND ALL OTHER AMOUNTS PAID BY LESSEE AND RECEIVED BY LESSOR UNDER THIS AGREEMENT FOR THE
EQUIPMENT AND/OR SERVICES, AND LESSOR SHALL HAVE NO LIABILITY TO LESSEE OR ANY THIRD-PARTY FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
13. EVENTS OF DEFAULT; REMEDIES. Each of the following shall constitute an "Event of Default": (1) failure by Lessee to make any
payment within ten (10) days after its due date; (2) failure by Lessee to perform any other obligation under this Agreement, and the
continuance of such default for ten (10) days after written notice thereof by Lessor to Lessee; (3) any material misrepresentation or false
statement of fact by Lessee; (4) the loss, theft, damage, destruction or the attempted sale or encumbrance by Lessee of any of the
Equipment; or (5) Lessee’s dissolution, termination of existence, discontinuance of business, insolvency, or the commencement of any
bankruptcy proceedings by or against, Lessee. Lessee acknowledges that any Event of Default will substantially impair the lease value of
the Equipment hereof. Upon the occurrence of any Event of Default, Lessor may, without notice, exercise one or more of the following
remedies: (1) declare all unpaid payments under this Agreement to be immediately due and payable; (2) terminate this Agreement as to
any or all items of the Equipment; (3) take possession of the Equipment wherever found, and for this purpose enter upon any premises of
Lessee and remove the Equipment, without any liability to Lessee; (4) direct Lessee at its expense to promptly prepare the Equipment for
pickup by Lessor; (5) proceed by appropriate action either in law or in equity to enforce performance by Lessee of the terms of this
Agreement or to recover damages for the breach hereof, including attorneys’ fees and any other expenses paid or incurred by Lessor in
connection with the repossession of the Equipment; (6) apply the security deposit specified in this Agreement (“Security Deposit”) to
payment of Lessor’s costs, expenses and attorney fees in enforcing the terms of this Agreement and to indemnify Lessor against any
damages sustained by Lessor; and/or (7) recover the replacement cost of any Equipment which Lessor is unable to repossess.. Lessor’s
waiver of any Event of Default shall not constitute a waiver of any other Event of Default or of any term or condition of this Agreement. No
right or remedy referred to herein is intended to be exclusive and each may be exercised concurrently or separately and from time to time.
In the event of repossession, Lessee waives any bond posting requirement.
Lease Terms and Conditions, Rev. 07/01/2022
Thank you for contacting Mobile Modular.
Mobile Modular is a division of McGrath RentCorp. www.mobilemodular.com
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