Resolution No. 2010-036RESOLUTION NO. 2010-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
MASTER RENTAL LEASE AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND PACIFIC MOBILE STRUCTURES, INC.
TO LEASE TWO MOBILE TRAILER UNITS LOCATED AT FIRE
STATION NO. 1
WHEREAS, on or about December 15, 2008, the City Council of
the City of Vernon authorized the Fire Chief to utilize Trico
Construction ("Trico") as the project manager for improvements to Fire
Station No. 1 located at 3375 Fruitland Avenue in the City of Vernon;
and
WHEREAS, on or about December 18, 2008, the Fire Chief
executed a City of Vernon Work Authorization Notice -To -Proceed, PM-
255-Fire Department, which authorized Trico to provide two mobile
trailer units at Fire Station No. 1 for the period from December 18,
2008 through January 17, 2009 for the approximate sum of $24,227.75,
which included Trico's mark-up costs; and
WHEREAS, Trico leased two mobile trailer units from Pacific
Mobile Structures, Inc. ("Pacific") and located them at Fire Station
No. 1; and
WHEREAS, after January 2009, Trico continued to invoice the
City of Vernon on a month -to -month basis through January 17, 2010; and
WHEREAS, by memo dated February 11, 2010, the Director of
Business Services recommended that the City directly lease the mobile
trailer units located at Fire Station No. 1 from Pacific to save
overhead costs charged by Trico and that a lease be entered into for
the period of January 18, 2010 through January 18, 2011 with Pacific;
and
WHEREAS, the City Council of the Vernon has determined that,
pursuant to the provisions of subsection (b)(1) of Section 2.27 of the
Vernon City Code, it is in the best interest and necessity to enter
into a lease agreement with Pacific to ensure the uninterrupted
operation of the administrative offices of the Fire Department and
enhance the efficient operation of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Master Rental Lease Agreement with Pacific (the
"Agreement"), a copy of which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk or'Deputy City
Clerk is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
- 2 -
SECTION 5: The City Council of the Vernon hereby directs
the City Clerk, or the City Clerk's designee, to transmit two executed
Agreements to:
Pacific Mobile Structures, Inc.
Attention: Michael Thompson, Agent
39252 Winchester Road #107-406
Murrieta, CA 92563
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 1St day of March, 2010.
Name: Hilario Gonzales
Title: Mayor
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard Yamaguchi, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2010-36,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on Monday,
March 1, 2010, and thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this day of March, 2010, at Vernon, California.
Ellard Y m gu i, City Clerk
(SEAL)
- 4 -
EXHIBIT A
M 0 e& Mo MASTER RENTAL, LEASE AGRIEZUEAT Date: 213t24)10
bit, Wdular uildings
PAC-1FIGM.P014PSTRUCTU 9$,INO. HEREINAFTER RIEFE?AE
TO ASUSsoAd Hereby rad..ts andhires to.
SEND sTATEMENT TO: SITE DEST I INATION:
Lessee: City of Vernon _ Mad '15E EADOIWDIW
Lorathm :t�
o� Pettit
AdOre4t: 4305 Santa Fe Aver Address;
Vemon.:CA, 90058
Phone; 3231-583-8811 Fix: 323-626-1407
Site 4entaot Site Ph:
Order.edByMark C. WhiNvorth PW:
hereinafter called"leasee" that certain UniW ;Size. , Unit Descrilifion:
at "the monthly Rental Rate hereinafter set forth and subject to the terms and conditions Wein. and Pie po _9 ifions stated on page 2
Term Start 111,812016 1 Term End I113124DII In consideration MOW lig"Ste hereby agrees as follows:
Under the general conditions of lease printed orithe revese side ci this- sheet, the Lesso hereby
r fth Lessor
agrees to rent Les -see Various items of equipment -form the Lessoes rental fleet on both a continuing
and periodic basis and Lessee- agrees to Pa I Y fQr stash rental in funds currently due. The -rat l Fate -
a! id niii dirrith ftn4tiq if
orltio, *if jh-.6 16 Web I kit;. and
wwaa equ Emshy and a : R _iipmertt rielito to Lessee b -e I by L asor shall be under the
terms and wnditions of the balance of '--e t this agr mmen,
:;��agdfs 1 and 2.
The equJ*Pm, ent under this agreen* nt4w be, u 40 , StrU00n project oftS within the
. sOd 1111tvOK0141 70n
rid. -rental charges shall be accounted for and billed by Lessor by project
CAN 0� 1(5_r_10r\ ZLIc-
Attached Addendums�0Mdbile Office Pricinqen�d�o Pluslax8pread Sheet aAd AMendvin
A0eWL,W 0Alp. I -
Sales Tax Not Included. - Please note: x Break Down on attached spread sheet.
This agreement only applies to units 6085 (24x60) and 913,3 (1 Ox24).
TWO W AS M- NOTtft IlEaUIRED FOR PICK-UP RWLOING
PricinO is based on an exclusive agreement WW6en Pacific Mobile and City of Vernon.
Pacific .Mobile ggrpes.lhatpricirig applies: to all branch locations.
*INSURANCE-- Year
Mfg.,
Lasse6, at itsexpense will obtain and keep in force fire and extended coverage jvsfidalism. and malicious mischief insurance cover
ing ,sald
property in the amount of the market value of the building: with a loss payable clause protecting Leascir as its kftreds may appear, per
Paragraph . Lessee will also indemnify Lessor with haspwl
tq aU liability in accordance with the provisions. of Paragraph 14 on the second
page'hereoL Each and every month during the term hereof, Lessee shall Pay to r*CJFJcM01pILA GTAUC-Tums , Wc. in advance on the
term sl:,aq date of each month the rental shown above., at 011101 remiftanor address aWsIuw on the invoice.:
Authorized Agent: Michael Thompson outhern CA I HEREBY WMIRRANT that 1, have fully read and noted the Agreement
stated on,09,96 2,Of this contract and Addendum
to Mader Rental
SIGNED Agredhw6rit and 46.eived a copy of same;
I- -z— to—mo SIGNED
LESSOR? PACIFIC MOBILE STRUCTURES, INC.
P.O. BOX 1404
CH#HALISj WA 98532 TITLE
(360) 748-0121 fax (360) 748-0578 DATE
APPROVED AS TO FORM ATTEST:
LAURENCE S.'WIENER, City Attorney— MANUELA OWN, City Clerk
TERMS AND CONDITIONS
1. Return of Equipment -On termination of this lease, the leased equipment shall
13. Accidents or Claims.- Lessee shall within 24 hours after any casualty involving
be returned to lessor in the same condition as when delivered, fair wear and tear
the leased equipment notify Lessor by telephone, and within 48 hours notify Lessor in
expected.
writing. Said report shall state the time, place, and nature of the event, the damage
2. Lessee's Possession on Termination -If Lessee retains possession of the leased
sustained, the names and addresses of persons involved, persons injured and
property beyond the expiration date without giving proper written notice of renewal,
witnesses, and any other information relating to said event and it shall promptly
lessor shall have the option of (I) taking possession of said property at any time
forward to Lessor all correspondence, notices or documents received in connection
without notice or (ii) deeming this Agreement renewed as a month tenancy upon the
with any claim or demand relating to the leased equipment or its operation, and shall
same terms and conditions as this lease.
aid in the investigation and defense of all such claims and demands. Nothing herein
3. Location of Leased Equipment - The leased equipment shall remain at the
shall be deemed to modify the provisions of paragraph 14, in which Lessee hold
delivery site until the termination of this lease, at which time Lessor shall pick up
Lessor harmless and indemnifies Lessor against all these matters, and Lessor shall
the leased equipment. The leased equipment shall not be moved without Lessor's
have no responsibility to take any action whatsoever in the event of such casualty.
prior written consent.
14. Non -Liability of Lessor and Indemnification - Unless caused by Lessor's
4. Assignment of Lessor - Lessor may assign this lease, or the sums due from
negligence, Lessor shall not be liable to Lessee for any loss, damage, or expense of
Lessee and upon written notice thereof Lessee shall recognize such assignment. All
any kind or nature caused directly or indirectly by the leased equipment or by the use,
amounts payable to assignee shall not be subject to any abatement whatsoever or
maintenance, operation, handling or storage thereof, or for the loss of Lessee's
subject to any defense, setoff, counterclaim, or recoupment by any reason including
business or damages whatsoever or howsoever caused. Lessee does hereby indemnify
any damage to or loss or destruction of the leased equipment, or by any reason of
Lessor and holds Lessor, its agents and employees harmless of and from any and all
any interruption from any cause whatsoever in the use, possession of said leased
losses, damages, claims, demands, or liability of any kind or nature whatsoever,
equipment. No assignment shall release Lessor of his obligations to Lessee
including legal expenses and attorney's fees arising from the use, condition or
hereunder, and no assignee of Lessor shall be obligated to perform any of Lessor's
operation of the leased equipment.
duties or covenants hereunder.
15. Default - If Lessee shall default in the payment of any installment of rent or any
5. Insurance - Lessee, at its expense, will obtain and keep in force fire and
other amounts payable hereunder by Lessee, or if Lessee fails to comply with any
extended coverage, vandalism and malicious insurance, with a loss payable clause
other of the terms, covenants, or conditions herein on its part to be kept or performed,
protecting Lessor as its interests may appear. Lessee will also indemnify Lessor
or if Lessee or its creditors files, for relief under any bankruptcy or similar law for the
with respect to all liability in accordance with the provision of Paragraph 14. If
relief of debtors, or if Lessee shall make any assignment for the benefit of creditors, or
Lessee shall fail to provide Lessor with an insurance certificate evidencing proof of
if a receiver be appointed to take possession of any assets of Lessee, Lessor may at its
required insurance coverage within ten(10) days from the commencement of this
option terminate Lessee's right to possession of the leased equipment by giving
Lease, Lessee shall pay Lessor a service fee of .30 per $100 value of the leased
written notice to Lessee. The leased equipment and any rights of Lessee therein shall
property, provided that said fees shall not be less than $25 per month. Said fees
thereupon be surrendered to Lessor and Lessor may take possession thereof and is
shall be deemed additional rent and shall be payable monthly. This fee does not
hereby authorized by Lessee to enter upon any premises of Lessee without notice for
release the Lessee of responsibility for any and all damage to the leased property.
such purposes. Lessor shall retain all rents and any other amounts paid by Lessee
6. Access and Site - Lessee shall provide free and clear access for delivery and
hereunder. Repossession by Lessor or the surrender of the leased equipment to Lessor
return of leased equipment by standard mobile transport vehicles. Lessee shall
shall not affect the right of Lessor to recover from Lessee any and all damages which
provide firm and level ground on no more than six-inch slope from one end to the
Lessor shall have sustained by reason of the breach of any of the covenants, terms, or
other for safe installation of the leased equipment. Site selection is the sole
conditions thereof. Lessee shall continue to be responsible for the rental payments
responsibility of Lessee and lessor shall have no liability for determining the
provided for herein for the remainder of the term of the Lease and for the payment of
adequacy of any site. Lessee shall be responsible for obtaining any permits required
any other amounts to be made by it hereunder. Lessor may (a) relet the leased
to install and operate the equipment.
equipment or any portion for such periods, at such rental amounts as it deems
7. Service - Lessee shall provide at Lessee's expense adequate electrical power,
advisable, and after deducting its costs and expenses in such reletting, may apply any
water and other utility services with proper connection to leased equipment.
net proceeds received therefrom to the amounts payable by Lessee hereunder, or (b)
S. Delivery by Lessor- Lessor shall not be liable to Lessee for any failure or delay
sell the leased equipment or any portion thereof, and after deducting its costs and
in delivering the leased equipment. By taking delivery thereof Lessee
expenses in connection with said sale or sales, apply the net proceeds thereof to the
acknowledges that the leased equipment is in good working condition and is fit for
amounts payable by Lessee hereunder, and Lessee shall pay any deficiency as
the purpose for which it is leased.
determined by the amount the net proceeds of said sale or reletting is less than the
9. Taxes, Fees and Expenses - In addition to the rental payments provided for
amount to be paid by Lessee hereunder, or (c) cancel and terminate the lease. In
herein, Lessee shall pay all expenses, fees and charges incurred in connection with
addition to any other remedies provided for herein, Lessor may recover from Lessee
the leased equipment, the use thereof during the term hereof, fines, servicing costs,
the worth at the time of the termination of the lease of the excess of the amount of rent
sales taxes, use taxes, personal or real property taxes and other ad valorem taxes,
and charges equivalent to rent reserved herein for the remainder of the term of the
and all assessments and other governmental charges whatsoever and by
lease over the then reasonable rental value of the leased equipment for the remainder
whomsoever payable on said leased equipment or on the use, ownership,
of the stated term, and Lessor shall have all other remedies in its favor existing law,
possession, rental, shipment, transportation, delivery or operation thereof.
equity, or bankruptcy, and the remedies herein shall be deemed to be accumulative
However, Lessor shall pay licensing and registration fees and federal or state net
and not exclusive.
income taxes against Lessor on or measured by rentals payable hereunder or the net
16. Attorney's Fees, collection fees and Costs - In the event Lessee shall default
income therefrom. Lessee shall reimburse Lessor upon demand for the full amount
hereunder, Lessor shall be entitled to recover from Lessee, in addition to all other
of any costs paid by Lessor which constitute an obligation of Lessee.
items of damages, all costs and expenses, including court costs and reasonable
10. Lawful Use, Assignment, and Subletting - Lessee shall use or permit the use
attorney's fees in the event suit is filed by Lessor to enforce its rights and remedies
of the leased equipment only for lawful purposes. The leased equipment shall be at
hereunder.
all times used and operated in compliance with all laws of any jurisdiction in which
17. Miscellaneous -Time is of the essence regarding this Lease. This Lease shall be
it is located. Lessee shall not assign, transfer, sublet, or in any way assign its rights
construed and interpreted under the laws of the state of Washington, and may be
hereunder, and shall not pledge, permit to be liened, mortgage, hypothecate, or
signed in any number of counterparts and each shall constitute a duplicate original.
otherwise encumber or change its rights or interests hereunder.
The parties agree to execute, or if required, acknowledge such further counterparts
11. Maintenance, Damage and Destruction -Lessee shall at Lessee's own
hereof or any other documents as may be necessary to comply with the provisions of
expense at all times keep the equipment in good and efficient working order,
any applicable law at any time in force which requires the recording or filing of this
condition and repair and shall keep and maintain thereon such identification of
lease or a copy thereof in any public office of the United States or any state or
ownership as Lessor may require. Lessor will maintain and make any repairs
political subdivision, and Lessee agrees to pay the fees or charges imposed by law for
required from normal use to the roof, doors, windows, light fixtures, heating,
any such mandatory filing or recording as well as the amount of any stamps or
ventilating and air conditioning systems, except that Lessee shall replace heating,
documentary taxes, federal or state, levied or assessed on this Lease. The relationship
ventilating and air conditioning filters and burnt out lamps as required and pay for
between parties hereto is that of Lessor and Lessee and Lessee's only interest herein is
any damage caused by the Lessee. Lessee shall bear the risk of damage, theft or
as a Lessee. The leased equipment shall remain personal property regardless of its use
destruction of the leased equipment from every cause, and shall make all
or manner of attachment to realty.
replacements, repairs or substitution of parts of equipment thereon at its expense, all
18. Notices - All notices required under the term and provision of the Lease shall be
of which shall constitute an accession to the leased equipment. If Lessee does not
in writing and such notices shall become effective when deposited in the United States
adequately maintain the equipment or adequately repair any damage for which
mail, with proper postage prepaid, addressed to the parties at such respective
Lessee is responsible, Lessor shall have the option to perform the maintenance or
addresses appearing herein, or at such other addresses to either party may from time to
repair at Lessee's expense. Any damage caused by negligence of Lessor will be
time notify the other in writing.
repaired at the expense of Lessor. Lessee shall at its expense provide adequate
19. Interest - Should Lessee fail to pay any part of the rents herein reserved or any
janitorial service to keep the leased equipment in good condition, fair wear and tear
other sum required by Lessee to be paid to Lessor, Lessee shall pay unto Lessor
excepted.
interest on such delinquent payments from the date thereof until paid at maximum rate
12.. Inspection by Lessor - Lessor may inspect the leased equipment at any
permitted by law.
reasonable time, and shall have the right to post any notice of non -responsibility or
any other notice protecting its interest.
Page 2
ADDENDUM #1
Pricing prepared for City of Vernon
Pricing good through Tuesday, January 18, 2011
Mobile Office
Size I Monthly Rate
10x24 $249
24x60 $1,105
Key:
MO Mobile Office
OR Mobile Office with
restroom
OS Combination Office and
Remove axles/tires: $65 ea
OTHER PRODUCTS
Wells
(Size I Monthly Rate
Containers
Monthly Rate
Furniture
Description Monthly Cost
Optional Items
Item Description
Alum Steps Included
Handicap Access Ramp $266.00
Unit
Delivery
Set-up
Tear Down
Return Costs
10x24
N/A
$0
$463.00
$338.00
24x60
N/A
$0$3,532.00
$1,651.00
Remove tires only: $25 ea Remove hitch: $25
Extra site time due to extra work or delays: $65/hr
Set-up on unlevel site which includes crew will be extra.
Pilot cars may be required on 12' wide and 14' wide mobile offices. If used, actual costs will be billed.
Addendu%o Master Lease Agreement
1. Pacific Mobile signage to remain on building at all times -
net 30 days upon receipt of invoice:/ 1
2. Pavment terms are due upon receipt. Late penalty -charge will be 1 1/20/a per
month for all accounts past due.
. J
Two weeks Notice must be given for return of units or they will be bilird for an
additional month.
4 Site Destination;
Location: Fire Station No_ I
Address. 3375 Fruitland Avenue
Vernon, California
Los Angeles County-, or such other location within the City of Vernon as Lessee
shall designate from time to time in writing to Lessor
Site Contact: Mark C. Whitworth
The initial Term of Agreement shall commence on January 18, 2010 and end on January 18, 2011
Thereafter, the Term of the Agreement shall be on a month -to -month basis. The rerital rate during
the Term of the Agreement shall remain as slated in the Agreement. The Lessee may terminate the
Agreement at any time during the Terns upon 30 days prior written notice to Lessor.
Southern California Branch
a A 2313 Hall Avenue, Riverside, CA 92509 (Physical Address)
0 39252 Winchester Road #107-406, Murrieta, CA 92563 (Mailing Address)
l
i 800-441-6123 phone 951-782-8142 faxMobile &
Modular hildings
City of Vernon. (Tax Rate-9.75%
Monthly Costs
Description Mnthly Rent -Office Mnthly Rent -Ramp
Rental Amount $ 1,105.00 $ 266.00
Taxable? Yes Yes
Tax amount 107.74 $ 25.94
I
One Time Fees.
Description _
Return Freight
Tear Down
Tiedown Rem (14)
Skirting Rem (1681f)
Ramp Rem
Amount
1,651.00
$ 1,595.00
$ 420.00
$ 672.0
$ 845.00
Taxable?
Yes
No
No
Yes
No
Tax amount
160.97
$
65.52
$ -
10x24,Moblle Offle Iri Vernon,
Monthly Costs
Description Mnthly Rent -Office Mnthly Rent -Ramp
Rental Amount 249.00
Taxable? Yes Yes
Tax amount $ 24.28
One Time Fees
Description
Description
Return Freight
I Tear Down
Tiedown Rem (6)
Skirting Rem (168 If)
Amount
.U.'
338.001
79:00
180.00
272.00
Taxable?
a.abl.?
Yes
No
Yes
Tax
Tax mou
amount
32.96
i eiepnone oao-aai i
March 4, 2010
Michael Thompson
Agent
Pacific Mobile Structures, Inc.
39252 Winchester Road #107-406
Murrieta, CA 92563
Re: Master Rental Lease Agreement — Two Mobile Trailers at Fire Station No. 1
Dear Mr, Thompson:
Transmitted herewith is one fully executed lease agreement referenced above, approved by City
Council on March 1, 2010, through Resolution No. 2010-36.
If you have any questions regarding this matter, please call Ms. Martha Valenzuela, at (323) 583-
8811 ext. 226
Ve truly yours,
WILL; G. Y AG I
City Clerk
WY:dj
c: Mark Whitworth
Purchasing Department
Resolution No. 2010-36
Agreement No. 10-018
ECcfusivefy Industriaf
e e - MASTER RENTAL LEASE AGREEMENT Date: 2/3/2010
Mobile& Modular6uildings
PACIFIC MOBILESTRUCTURES, INC. HEREINAFTER' REFERRED TO AS "LESSOR" Hereby rents and hires to:
SEND STATEMENT TO: SITE DESTINATION: C _
Lessee: City of Vernon Location .Be-Betenttirred SEA A D�c�U i�Llvt
Address: 4305 Santa Fe Ave. Address:-
Vernon, CA, 90058
Phone: 323-583-8811 Fax: 323-626-1407 Site Contact: Site Ph:
Ordered By: Mark C. Whitworth PO#:
hereinafter called "lessee that certain Unit# , Size; Unit Description:
at the monthly Rental Rate hereinafter set forth and subject to the terms and conditions herein, and the conditions stated on page 2
Term Start 111812010 Term End 1/18/2011 In consideration thereof Lessee hereby agrees as follows:
Under the general conditions of lease printed on the reverse side of this sheet, the Lessor hereby
agrees to rent Lessee various items of equipment form the Lessor's rental fleet on both a continuing
and periodic basis and Lessee agrees to pay for such rental in funds currently due. The Fental Fat -1 "
any and all equipment rented to Lessee by Lessor shall be under the
terms and conditions of the balance of this agreem�-e—ntt ages 1 and 2.
tvla�y /L' "V
The equipment under this agreement-slaau be used at various construction project sites within the
state-ef-Q-�nd rental charges shall be accounted for and billed by Lessor by project.
CAN o 1/prr0r AA
Attached Addendums, Mobile Office Pricinq and p�nC�c�n�q Plus Tax Spread Sheet CVtd ,�AAenG�m
A l � huM No . I — 1 Io. 2� .
Sales Tax Not Included. -Please note: Sales Tax Break Down on attached spread sheet.
This agreement only applies to units 6065 (2440) and 9133 (10x24).
TWO WEEKS NOTICE REQUIRED FOR PICK-UP OF BUILDING
Pricing is based on an exclusive agreement between Pacific Mobile and City of Vernon.
Pacific Mobile agrees that pricing applies to all branch locations.
•'INSURANGE••r Year. Mfg: Serial#:
Lessee, at its expense will obtain and keep in force fire and extended coverage, vandalism and malicious mischief insurance covering said
property in the amount of the market value of the building, with a loss payable clause protecting Lessor as its interests may appear, per
Paragraph 5. Lessee will also indemnify, Lessor with respect to all liability In accordance with the provisions of Paragraph 14 on the second
page hereof. Each and every month during the term hereof. Lessee shall pay to PACIFIC MOBILE STRUCTURES, INC. in advance on the
tern start. date of each month the rental shown above: at PMStremittance address as shown on the invoice.
Authorized Agent: Michael Thompson outhern CA I HEREBY WARRANT that 1' have fully read and noted the Agreement
stated on page 2 of this contract and Addendum to Master Rental
SICNED �eage`Agreemment and received aaccopy
'of same:
Z— tG-G SIGNED d� ., ° �,=
LESSOR: PACIFIC MOBILE STRUCTURES, INC.
P.O. BOX 1404 TITLE Mayo
CHEHALIS, WA 98532
(360) 748-0121 Fax (360) 748-0578 DATE l
APPROVED O RM: A S `
LAURENC . WIENER; City Attomey -A V, ity ler
TERMS AND CONDITIONS
L Return of Equipment - On termination of this lease, the leased equipment shall
be returned to lessor in the same condition as when delivered, fair wear and tear
expected.
2. Lessee's Possession on Termination -If Lessee retains possession of the leased
property beyond the expiration date without giving proper written notice of renewal,
lessor shall have the option of (I) taking possession of said property at any time
without notice or (ii) deeming this Agreement renewed as a month tenancy upon the
same terms and conditions as this lease.
3. Location of Leased Equipment - The leased equipment shall remain at the
delivery site until the termination of this lease, at which time Lessor shall pick up
the leased equipment. The leased equipment shall not be moved without Lessor's
prior written consent.
4. Assignment of Lessor- Lessor may assign this lease, or the sums due from
Lessee and upon written notice thereof Lessee shall recognize such assignment. All
amounts payable to assignee shall not be subject to any abatement whatsoever or
subject to any defense, setoff, counterclaim, or recoupment by any reason including
any damage to or loss or destruction of the leased equipment, or by any reason of
any interruption from any cause whatsoever in the use, possession of said leased
equipment. No assignment shall release Lessor of his obligations to Lessee
hereunder, and no assignee of Lessor shall be obligated to perform any of Lessor's
duties or covenants hereunder.
5. Insurance Lessee, at its expense, will obtain and keep in force fire and
extended coverage, vandalism and malicious insurance, with a loss payable clause
protecting Lessor as its interests may appear. Lessee will also indemnify Lessor
with respect to all liability in accordance with the provision of Paragraph 14. If
Lessee shall fail to provide Lessor with an insurance certificate evidencing proof of
required insurance coverage within ten(10) days from the commencement of this
Lease, Lessee shall pay Lessor a service fee of .30 per $100 value of the leased
property, provided that said fees shalt not be less than $25 per month. Said fees
shall be deemed additional rent and shall be payable monthly. This fee does not
release the Lessee of responsibility for any and all damage to the leased property.
6. Access and Site Lessee shall provide free and clear access for delivery and
return of leased equipment by standard mobile transport vehicles. Lessee shall
provide firm and level ground on no more than six-inch slope from one end to the
other for safe installation of the leased equipment. Site selection is the sole
responsibility of Lessee and lessor shall have no liability for determining the
adequacy of any site. Lessee shall be responsible for obtaining any permits required
to install and operate the equipment.
7. Service - Lessee shall provide at Lessee's expense adequate electrical power,
water and other utility services with proper connection to leased equipment.
8. Delivery by Lessor- Lessor shall not be liable to Lessee for any failure or delay
in delivering the leased equipment. By taking delivery thereof Lessee
acknowledges that the leased equipment is in good working condition and is tit for
the purpose for which it is leased.
9. Taxes, Fees and Expenses - In addition to the rental payments provided for
herein, Lessee shall pay all expenses, fees and charges incurred in connection with
the leased equipment, the use thereof during the term hereof, fines, servicing costs,
sales taxes, use taxes, personal or real property taxes and other ad valorem taxes,
and all assessments and other governmental charges whatsoever and by
whomsoever payable on said leased equipment or on the use, ownership,
possession, rental, shipment, transportation, delivery or operation thereof.
However, Lesson- shall pay licensing and registration fees and federal or state net
income taxes against Lessor on or measured by rentals payable hereunder or the net
income therefrom. Lessee shall reimburse Lessor upon demand for the full amount
of any costs paid by Lessor which constitute an obligation of Lessee.
10. Lawful Use, Assignment, and Subletting Lessee shall use or permit the use
of the leased equipment only for lawful purposes. The leased equipment shall be at
all times used and operated in compliance with all laws of any jurisdiction in which
it is located. Lessee shall not assign, transfer, sublet, or in any way assign its rights
hereunder, and shall not pledge, permit to be Iiened, mortgage, hypothecate, or
otherwise encumber or change its rights or interests hereunder.
It. Maintenance, Damage and Destruction -Lessee shall at Lessee's own
expense at all times keep the equipment in good and efficient working order,
condition and repair and shall keep and maintain thereon such identification of
ownership as Lessor may require. Lessor will maintain and make any repairs
required from normal use to the roof, doors, windows, light fixtures, heating;
ventilating and air conditioning systems, except that Lessee shall replace heating,
ventilating and air conditioning filters and burnt out lamps as required and pay for
any damage caused by the Lessee.. Lessee shall bear the risk of damage, theft or
destruction of the leased equipment from every cause, and shall make all
replacements, repairs or substitution of parts of equipment thereon at its expense, all
of which shall constitute an accession to the leased equipment. If Lessee does not
adequately maintain the equipment or adequately repair any damage for which
Lessee is responsible, Lessor shall have the option to perform the maintenance or
repair at Lessee's expense. Any damage caused by negligence of Lessor will be
repaired at the expense of Lessor. Lessee shall at its expense provide adequate
janitorial service to keep the leased equipment in good condition, fair wear and tear
excepted.
12.. - Inspection by Lessor Lessor may inspect the leased equipment at any
reasonable time, and shall have the right to post any notice of non -responsibility or
any other notice protecting its interest.
13. Accidents or Claims - Lessee shall within 24 hours after any casualty involving
the leased equipment notity Lessor by telephone, and within 48 hours notify Lessor in
writing. Said report shall state the time, place, and nature of the event, the damage
sustained, the names and addresses of persons involved, persons injured and
witnesses, and any other information relating to said event and it shall promptly
forward to Lessor all correspondence, notices or documentsreceived in connection
with any claim or demand relating to the leased equipment or its operation, and shall
aid in the investigation and defense of all such claims and demands. Nothing herein
shall be deemed to modify the provisions of paragraph 14, in which Lessee hold
Lessor harmless and indemnifies Lessor against all these matters, and Lessor shall
have no responsibility to take any action whatsoever in the event of such casualty.
l4. Non -Liability of Lessor and Indemnification - Unless caused by Lessor's
negligence, Lessor shall not be liable to Lessee for any loss, damage, or expense of
any kind or nature caused directly or indirectly by the leased equipment or by the use,
maintenance, operation, handling or storage thereof, or for the loss of Lessee's
business or damages whatsoever or howsoever caused. Lessee does hereby indemnify
Lessor and holds Lessor, its agents and employees harmless of and from any and all
losses, damages, claims, demands, or liability of any kind or nature whatsoever,
including legal expenses and attorney's fees arising from the use, condition or
operation of the leased equipment.
15. Default - If Lessee shall default in the payment of any installment of rent or any
other amounts payable hereunder by Lessee, or if Lessee fails to comply with any
other of the terms, covenants, or conditions herein on its part to be kept or performed,
or if Lessee or its creditors files, for relief under any bankruptcy or similar law for the
relief of debtors, or if Lessee shall make any assignment for the benefit of creditors, or
if a receiver be appointed to take possession of any assets of Lessee, Lessor may at its
option terminate Lessee's right to possession of the leased equipment by giving
written notice to Lessee. The leased equipment and any rights of Lessee therein shall
thereupon be surrendered to Lessor and Lessor may take possession thereof and is
hereby authorized by Lessee to enter upon any premises of Lessee without notice for
such purposes. Lessor shall retain all rents and any other amounts paid by Lessee
hereunder. Repossession by Lessor or the surrender of the leased equipment to Lessor
shall not affect the right of Lessor to recover from Lessee any and all damages which
Lessor shall have sustained by reason of the breach of any of the covenants, terms, or
conditions thereof. Lessee shall continue to be responsible for the rental payments
provided for herein for the remainder of the term of the Lease and for the payment of
any other amounts to be made by it hereunder. Lessor may (a) relet the leased
equipment or any portion for such periods, at such rental amounts as it deems
advisable, and after deducting its costs and expenses in such reletting; may apply any
net proceeds received therefrom to the amounts payable by Lessee hereunder, or (b)
sell the leased equipment or any portion thereof, and after deducting its costs and
expenses in connection with said sale or sales, apply the net proceeds thereof to the
amounts payable by Lessee hereunder, and Lessee shall pay any deficiency as
determined by the amount the net proceeds of said sale or reletting is less than the
amount to be paid by Lessee hereunder, or (c) cancel and terminate the lease. in
addition to any other remedies provided for herein, Lessor may recover from Lessee
the worth at the time of the termination of the lease of the excess of the amount of rent
and charges equivalent to rent reserved herein for the remainder of the term of the
lease over the then reasonable rental value of the leased equipment for the remainder
of the stated term, and Lessor shall have all other remedies in its favor existing law,
equity, or bankruptcy, and the remedies herein shall be deemed to be accumulative
and not exclusive.
16. Attorney's Fees, collection fees and Costs - In the event Lessee shall default
hereunder, Lessor shall be entitled to recover from Lessee, in addition to all other
items of damages, all costs and expenses, including court costs and reasonable
attorney's fees in the event suit is filed by Lessor to enforce its rights and remedies
hereunder.
17. Miscellaneous - Time is of the essence regarding this Lease. This Lease shall be
construed and interpreted under the laws of the state of Washington, and may be
signed in any number of counterparts and each shall constitute a duplicate original.
The parties agree to execute, or if required, acknowledge such further counterparts
hereof or any other documents as may be necessary to comply with the provisions of
any applicable law at any time in force which requires the recording or filing ofthis
lease or a copy thereof in any public office of the United States or any state or
political subdivision, and Lessee agrees to pay the fees or charges imposed bylaw for
any such mandatory filing or recording as well as the amount of any stamps or
documentary taxes, federal or state, levied or assessed on this Lease. The relationship
between parties hereto is that of Lessor and Lessee and Lessee's only interest herein is
as a Lessee. The leased equipment shall remain personal property regardless of its use
or manner of attachment to realty.
18. Notices All notices required under the term and provision of the Lease shall be
in writing and such notices shall become effective when deposited in the United States
mail, with proper postage prepaid, ;addressed to the parties at such respective
addresses appearing herein, or at such other addresses to either party may from time to
time notify the other in writing.
19. Interest Should Lessee fail to pay any part of the rents herein reserved or any
other sum required by Lessee to be paid to Lessor, Lessee shall pay unto Lessor
interest on such delinquent payments from the date thereof until paid at maximum rate
permitted by law.
Page 2
ADDENDUM #1
Pricing prepared for City of Vernon
Pricing good through Tuesday, January 18, 2011
OTHER PRODUCTS
Mobile Office
Size Monthly Rate
10x24 $249
24x60 $1,105
Key:
MO Mobile Office
OR Mobile Office with
restroom
OS Combination Office and
Storage
Wells Cargo
Size Monthly Rate
Storage Containers
Size Monthly Rate
Furniture
Description Monthly Cost
Optional Items
Item Description
Alum Steps Included
Handicap Access Ramp $266.00
Unit
Delivery
Set-up
Tear Down
Return Costs
10x24
N/A
$0
$463.00
$338.00
24x60
N/A
$0$3,532.00
$1,651.00
Remove axles/tires: $65 ea Remove tires only: $25 ea Remove hitch: $25
Extra site time due to extra work or delays: $65/hr
Set-up on unlevel site which includes crew will be extra.
Pilot cars may required on 12' wide and 14' wide mobile offices. If used, actual costs will be billed.
-#a/A;T�
AddendtrTo Master Lease Agreement
1. Pacific Mobile signage to remain on building at all times.
net 30 days upon receipt of invoice./'4,f—
2. Payment terms are due upon receipt. Cate penalty charge will be 1J2% per
month for all accounts past due.
Two weeks Notice must be given for return of units or they will be billed for an
additional month.
4 Site Destination:
Location Fire Station No. I
Address. 3375 Fruitland Avenue
Vernon, California
Los Angeles County, or such tither location within the City of Vernon as Lessee
shall designate from time to time in writing to Lessor
Site Corilacc. Mark C. Whitworth
The initial Term of Agreement shall commence on January 18, 2010 and end on January 18, 2011
Thereafter, the Term of the Agreement shall be on a month -to -month basis. The rental rate during
the Term of the Agreement shall remain as stated in the Agreement. The Lessee may terminate the
agreement at any time during the Term upon 30 days piior written notice to Lessor.
- Description
Mnthly Rent -Office -
Mnthly Rent -Ramp
Rental Amount
$ - 1,105.00
$ 266.00
'Taxable?
Yes -
Yes-
- Tax amount -
$ - - 107.74
$ 25.94
One Time Fees
Description Return Freight Tear Down
Tiedown Rem (14) Skirting Rem (168If) - Ramp Rem
Amount $ 1,651.00 $, 1,595.00
$ -- 420.00 $ - 672.00. $ - 845.00
Taxable? Yes - - No -
- No Yes No
Tax amount $ ---` 160.97 $
$ $ 65.52 $
10x24 Mobile Office in Vernon, CA
Monthlv Costs
- Description
Mnthly Rent -Office
Mnthly Rent -Ramp
Rental Amount
$ 249.00
$ -
Taxable?
Yes -
Yes
Tax amount
}$ y24.28$a
One Time Fees
Description Return Freight I Tear Down Tiedown Rem (6) Skirting Rem .(168IQ
Amount $ 338.00 $ 79.00 $ 180.00 $ - 272.00 -
Taxable? Yes I No No Yes
Tax amount. - $ 32.96 1 $ $ - - - $ 26.52
Grand Total 27,673.49
eD
w_
C1 CLERK'S offiCE
STAFF REPORT
PURCHASING DEPARTMENT
DATE: February 11, 2010
TO: Mayor and City Council
FROM: Martha Valenzuela, Director of Business Services/Personne
RE: Lease Agreement for 2 Mobile Trailers Located At Fire Station #1
Purpose
The Purpose of this Staff report is to obtain permission from you and
the City Council to enter a Master Rental Lease Agreement with
Pacific Mobile Structures, Inc. for the 2 mobile trailers located at Fire
Station #1.
Background
Prior to this Trico handled the lease and billed the city for the
monthly installments. The lease is now being transferred over to the
City.
The lease period is for January 18, 2010 through January 17, 2011.
The agreement has been approved as to form, by the City Attorney's
office.
Recommendation
The Fire Department saves an overhead which was charged by Trico
for handling the lease. Therefore it is our recommendation to
proceed with transferring the lease agreement to the City.
Purchasing is requesting that this item be included on the agenda for
the Council meeting scheduled for March 1, 2010.
Fiscal Impact
There is no fiscal impact to . the City. The approximate cost is
$27,673.49. The Fire Department specifically appropriated funds for
this expenditure in this year's 2009-2010 budget.
R-F,CEIVED
FEB 11 2010
By., �_�,
Page I of 3
Jaunzemis, Dolores
From: Gena Stinnett [gstinnett@rwglaw.com]
Sent: Wednesday, February 10, 2010 11:44 AM
To: Jaunzemis, Dolores
Cc: Laurence S. Wiener
Subject: RE: Signed Contract -City of Vernon
Under the circumstances, we can accept the modified contract with the changes initialed. Thank you!
Best regards,
Gena M. Stinnett
Richards Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071-3101
Voice: 213.253.0240
Facsimile: 213.626.0078
-----Original Message -----
From: Jaunzemis, Dolores [mailto:DJaunzemis@ci.vernon.ca.us]
Sent: Wednesday, February 10, 2010 9:35 AM
To: Gena Stinnett
Subject: FW: Signed Contract -City of Vernon
Importance: High
Hi Gena,
Pacific Mobile has signed off the agreement with the listed corrections. I contacted Nicole and asked if
they would make the revisions on a new agreement. She advised that they do not have the capability to
alter the preset form and asked if we would accept this.
(Dolores Jaunzemis
City of Vernon
(Purchasing Assistant
323-583-8811 e)t. 234
From: Nicole Copeland [mailto:nicole@pacificmobile.com]
Sent: Wednesday, February 10, 2010 9:03 AM
To: Jaunzemis, Dolores_
Cc: Michael thompson
Subject: Signed Contract -City of Vernon
2/11/2010
Southern California Branch
FT�I
' Modular Buildings 2313 Hall Avenue, Riverside, CA 92509 (Physical Address)
139252 Winchester Road #107-406, Murrieta, CA 92563 (Mailing Address)
rwiff
800-441-6123 phone 951-782-8142 fax
le &
City of Vernon (Tax Rate-9.75%)
Monthly Costs.
- Description
Mnthly Rent -Office
Mnthly Rent -Ramp
Rental Amount
$ 1,105.00
$ 266.00
Taxable?
Yes
Yes
Taxamount
$ 107.74
$ 25.94
One Time Fees
Description Return Freight Tear Down Tiedown Rem (14) Sklrting Rem 1169Ill I Ramp Rem -
Amount $ 1,651.00 $ 1,595.00 $ 420.00 $ 672.00 $ - 845.00
Taxable? Yes No No Yes I No
Tax amount $ 160.97 1 $ - $ - $ 65.52 1S -
�r 1'Ox24�1Vloblle Offs a;In Vernon�kCA __qq � � � � '
Monthly Costs
One Time Fees
Description Return Freight - Tear Down I Tiedown Rem (6) 1 Sklrting Rem (1681f)
Amount $ 338.00 $ 79.00 $ 180.00 $ - 272.00
Taxable? Yes No No Yes
Tax amount $ 32.96 $ - $ - $ 26.52
Grand Total $ 27,673.49
Pagel of 3
Jaunzemis, Dolores
From: Gena Stinnett [gstinnett@rwglaw.com]
Sent: Wednesday, February 10, 2010 11:44 AM
To: Jaunzemis, Dolores
Cc: Laurence S. Wiener
Subject: RE: Signed Contract -City of Vernon
Under the circumstances, we can accept the modified contract with the changes initialed. Thank you!
Best regards,
Gena M. Stinnett
Richards Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071-3101
Voice: 213.253.0240
Facsimile: 213.626.0078
-----Original Message -----
From: Jaunzemis, Dolores [mailto:DJaunzemis@ci.vernon.ca.us]
Sent: Wednesday, February 10, 2010 9:35 AM
To: Gena Stinnett
Subject: FW: Signed Contract -City of Vernon
Importance: High
Hi Gena.,
Pacific Mobile has signed off the agreement with the listed corrections. I contacted Nicole and asked if
they would make the revisions on a new agreement. She advised that they do not have the capability to
alter the preset form and asked if we would.accept this.
Dolores Jaunzemis
City of Vernon
Purchiasing Assistant
323-583-8811 ext. 234
From: Nicole Copeland [mailto:nicole@pacificmobile.com]
Sent: Wednesday, February 10, 2010 9:03 AM
To: Jaunzemis, Dolores
Cc: Michael thompson
Subject: Signed Contract -City of Vernon
2/11/2010
MEMO
PURCHASING DEPARTMENT
DATE: February 11, 2010
TO: Donal O' Callaghan, City Administrator
FROM: Martha Valenzuela, Director of Business Services/Personnel
RE: Lease Agreement for 2 Mobile Trailer Units
On January 25, 2010 a Memo was submitted for a Operating Rental Agreement
which only listed one trailer. Fire Department advised Purchasing when they
realized the error and have resubmitted the corrected paperwork along with
correcting the contract FD-0019 on Eden. The new Master Rental Lease
Agreement is for 2 mobile trailers currently used by the Fire Department
Administration located at Fire Station #1. Prior to this, Trico handled the lease
and billed the City for the monthly installments.
The lease period is for January 18, 2010 through January 17, 2011. The total
yearly cost to be expended is $27,673.49 which includes 12 monthly installments
at $1,777.96 plus return freight, tear down, tie down removal, skirting removal,
ramp removal and applicable sales tax. Funding for this purchase was
specifically budgeted and is available.
The new Master Rental Lease agreement has been approved as to form, by the
City Attorney's office.
Purchasing is requesting that you review this request, and if approved, please
forward to the City Clerk for submittal to the Mayor and City Council for approval
and authorization to have the attached Rental Agreement, executed and signed
by the appropriate City representative.
Attachments
'EIV F
FEB 1 1 2010
FW:__k_ I %cam
Page 2 of 3
Importance: High
I-Ii Dolores,
Attached is the signed rental agreement for the mobile offices.
Feel free to contact us with any questions.
Nicole Copeland
Operations Manager
800-441-6123 Phone
951-782-8142 Fax
nicole@pacificmobile.com
www.pacifiemobile.com
From: Michael thompson
Sent: Wednesday, February 10, 2010 9:OO AM
To: Nicole Copeland
Subject:
Michael Thompson
Branch Manager
2/11/2010
Page 3 of 3
Pacific Mobile Structures, Inc.
Ph:800-441-6123
Fax:951-696-9287
miciael(%_ ecificnlob_ile.com.
www.paciliemo bi I.e. conk
NOTICE: This communication may contain privileged or other confidential information. If you are not
the intended recipient of this communication, or an employee or agent responsible for delivering this
communication to the intended recipient, please advise the sender by reply email and immediately delete
the message and any attachments without copying or disclosing the contents. Thank you.
2/11/2010
WAS
99 1
`` E ED
,v4IN1 2 7 i010
CITY CLERK'S OFFICE
STAFF REPORT
PURCHASING DEPARTMENT
DATE: January 25, 2010
TO: Mayor and City Council
FROM: Martha Valenzuela, Director of Business Servi/rsonneIL—A-,-�,,/RE: ( Lease Agreement for Mobile Trailer Unit Locaton #1
The pose of this Staff report is to Atain permission from you and
the City ouncil to enter a Lease perating Rental agreement with
Pacific Mo ' e Structures, Inc. f the mobile trailer located at Fire
Station #1.
Background
Prior to this Trico h d the lease and billed the city for the
monthly installments. lease is now being transferred over to the
City.
The lease period '(for January 1 , 2010 through January 17, 2011.
The agreement as been approved to form, by the City Attorney's
office.
Recomme dation
The Fire epartment saves an overhead w\wasrged by Trico
for ha #ling the lease. Therefore it ismendation to
pros d with transferring the lease to the City.
Pur asing is requesting that this item be he agenda for
th Council meeting scheduled for Februa
fiscal Impact
There is no fiscal impact to the City. The approximate cost is
$23.465.65. The Fire Department specifically appropriated fun for
this expenditure in this year's 2009-2010 budget.
C'EIV I5
JAN 2 7 2010
MEMO
PURCHASING DEPARTMENT
DATE: January 27, 2010
TO: Donal O'Callaghan, City Administrator \,
FROM: Ma�a Valenzuela, Director of Business Services/Personnel
RE: Lease Aareement for Mobile Trailer U
The Fire Department hits submitted contra f FD-0019 (in Eden) for the Lease
Operating Rental agreem-pt from Pacific obile. The lease is for the mobile
trailer currently used by the Fire Depa ment Administration located at Fire
Station #1. Prior to this, TrArgo handle the lease and billed the City for the
monthly installments.
The lease period is for January 1 2010 through January 17, 2011. The total
yearly cost to be expended is $23 65. 5 which includes 12 monthly installments
at $1,504.68 plus return freight, ear do n, tie down removal, skirting removal,
ramp removal and applicabl sales to Funding for this purchase was
specifically budgeted and is aVilable.
The agreement has been a ' roved as to form b e City Attorne 's office.
g pp Y h Y Y
Purchasing is requestin that you review this request, and if approved, please
forward to the City Clerk for submittal to the Mayor and City Council for approval
and authorization to h ve the attached Rental Agreement;, executed and signed
by the appropriate City representative.
Attachments
A2010
L
2 _
MEMO
PURCHASING DEPARTMENT
DATE: January 19, 2010 Z)V'
TO: Donal O'Callaghan, City Administrator
FROM: Martha Valenzuela, Director of Business Services/Personn L/
RE: Lease Agreement for Mobile Trailer Unit Located At Fire Station #1
Attached for your review is a Lease Operating Rental Agreement from Pacific Mobile for
the mobile trailer currently used by the Fire Department Administration located at Fire
Station #1. Prior to this, Trico handled the lease and billed the City for the monthly
installments. Now effective January 18, 2010, the lease is being transferred over to the
City. The lease period will end April 17, 2010. The total cost to be expended is
$9,923.53 which includes 3 monthly installments plus return freight, tear down, tie down
removal, skirting removal, ramp removal and applicable sales tax.
Please advise if Purchasing should forward the paperwork to the City Attorney's Office
for review.
Nle�o r�vi�� � ��wt dtar' 40 ar
JANn1 9 2010