EQUIPMENT RENTAL AGREEMENT
Aerator
The following parties agree to the terms of this agreement:
Lakeview Soil & Water Conservation District
17612 Hwy. 395
Lakeview, OR 97630
The parties agree as follows:
1. Equipment: District rents to Renter Aerator, for use of aerating for soil conservation practices.
2 Availability of Aerator: Renter acknowledges several other parties are expected to utilize the Aerator, and its availability at a particular date cannot be assured. District is not responsible for delays resulting in use of Aerator by others. Nor is District responsible for any equipment failure, or other delays. Renter shall use diligence to complete Renter’s Aerator project and notify District upon completion.
3. Security Deposit: Renter shall provide a security deposit in the amount of $150 to the district, This is a refundable deposit given the Aerator is returned in the proper condition described within this agreement.
4. Payment: Renter shall pay the amount of $ 3.00 per acre used plus $10/day renter is in possession of the Aerator. Payment shall be made within 30 days of billing date. Billing shall be based upon Reported Acres planted. If Renter fails to pay such amount billed in full within 30 days of date of such billing, penalty shall accrue at the rate of 18% APR calculated by each day of delinquency.
5. Condition, Cleaning & Maintenance: Renter acknowledges having inspected the Aerator and has found it to be in apparent satisfactory condition and clean of debris.
Renter shall use the Aerator in a careful, prudent and safe manner in accordance with manufacturer’s specifications and industry standards.
Renter shall give up possession of Aerator in clean condition, free of debris. If District determines the Aerator is not so cleaned, then Renter shall pay a fee in an amount to be determined by and at the discretion of governing Board of District, to be paid in the same manner as rent.
District is responsible for ordinary maintenance and repair of Aerator; PROVIDED HOWEVER, Renter shall be responsible for costs of any repairs to Aerator resulting from Renter’s improper use, and any damage resulting from Renter’s negligence. Renter shall promptly notify District of any repairs that may be required for Aerator to be in good and safe operational condition.
6. Estimated Area Aerating: Renter estimates he/she will aerate acres. Within 5 days of completing aerating, Renter shall provide District with actual acres aerated, hereafter referred to as "Reported Acres”.
7. Confirmation of Acres: Utilizing Farm Service Agency aerial maps, or other source, Reported Acres planted may be confirmed by District.
In the event actual acres planted are found to be 10% over Reported Acres, Renter will be disqualified from renting Aerator in the future. Renter may ask for review of such determination by the governing Board of District. Such determination by Board shall be final as regards all such matters, including facts and disqualification.
8. Location of Use: Renter shall utilize the Aerator at the correct address
9. District Held Harmless: District is not responsible for any injuries to persons or damage to property while Aerator is in possession, control of, or upon property designated by Renter. In consideration of renting the Aerator, Renter agrees to defend, hold harmless and indemnify Lakeview Soil and Water Conservation District, its officers, employees, board members and agents from any and all liability, damages, costs, expenses and attorney fees arising out of renter’s negligence while engaged in the activities arising out of this agreement.
10. No Warranty: District makes no representation or warranty, either expressed or implied, regarding the probable success of Renter’s aeration practices, nor of success of use of Aerator, nor of the applicability or suitability of Aerator for Renter’s purposes.
11. Agreement Subject to Other Laws: District is a Soil and Water Conservation District formed and operated pursuant to Oregon Revised Statutes Chapter 568. Renter shall utilize Aerator in accordance with all federal, state and local laws, rules, and regulations without limitation, and applicable provisions of the Oregon Revised Statues, The District, the U.S. Environmental Protection Agency or the Department of Environmental Quality. Renter shall not utilize the Aerator to apply pesticides. Renter shall be solely responsible for paying any fines or penalties incurred as a result of any improper or illegal operation of the Aerator.
12. Non-Discrimination: Neither party shall discriminate or permit discrimination against any individual or group on the grounds of age, race, creed, color, national origin, religious preference, sex, disability or marital status in any way related to this agreement.
13. Non-Assignment; Non-Amendment; Entire Agreement: Renter shall not assign, transfer, convey, sublet or otherwise dispose of this agreement or any of Renter’s right, title or interest therein, nor the power to execute this agreement, without the prior written consent of the District.
No waiver, modification or amendment of this agreement or any part thereof shall be valid unless in writing and duly executed by both parties. A waiver of any breach hereof shall not prevent forfeiture for any succeeding breach.
This agreement contains the sole and entire agreement between the parties and shall supersede all other agreements, if any, between the parties relating to the Aerator. Any other statements or representations made by either party are void and have no force or effect.
14. Enforcement, Costs and Fees: In the event that either party must enforce the terms herein, the prevailing party shall be entitled to attorney fees and costs for such enforcement, including appeal.
15. Binding Agreement: This agreement shall be binding not only upon the parties hereto, but upon their successors, heirs, assigns and personal representatives.
EQUIPMENT RENTAL AGREEMENT
Great Plains 1006NT- No Till Drill
(Serial # GP-4341XX)
The following parties agree to the terms of this agreement:
Lakeview Soil & Water Conservation District
17612 Hwy. 395
Lakeview, OR 97630
The parties agree as follows:
1. Equipment: District rents to Renter no-till drill, hereafter called "drill” for use of seeding consistent with soil conservation practices.
2 Availability of Drill: Renter acknowledges several other parties are expected to utilize the Drill, and its availability at a particular date cannot be assured. District is not responsible for delays resulting in use of Drill by others. Nor is District responsible for any equipment failure, or other delays. Renter shall use diligence to complete Renter’s drilling project and notify District upon completion.
3.Insurance Coverage: Renter will provide casualty insurance on the drill with full replacement cost value, a certificate of coverage will be required prior to rental. The certificate can be e-mailed to lakecountyswcd@hotmail.com or delivered to the SWCD office, 17612 Hwy. 395 Lakeview, OR 97630. Coverage will need to describe drill as: Great Plains model 1006NT E.W.NO-TILL DRILL, Serial # GP-4341XX
4. Security Deposit: Renter shall provide a security deposit in the amount of $1,000 to the district. This is a refundable deposit given the drill is returned in the proper condition described within this agreement.
5. Payment: Renter shall pay the amount of $15.00 per acre used plus $25/day renter is in possession of the drill. Payment shall be made within 30 days of billing date. Billing shall be based upon Reported Acres planted. If Renter fails to pay such amount billed in full within 30 days of date of such billing, penalty shall accrue at the rate of 18% APR (annually) calculated by each day of delinquency.
6. Condition, Cleaning & Maintenance: Renter acknowledges having inspected the Drill and has found it to be in apparent satisfactory condition and clean of seeds, fertilizer, pesticides, and debris.
Renter shall use the Drill in a careful and prudent manner in accordance with manufacturer’s specifications and industry standards including proper lubrication schedules. Renter shall use Drill in a safe manner, and will take reasonable care of Drill while in Renter’s possession or at location designated by Renter.
Renter shall give up possession of Drill in clean condition, free of seeds, fertilizer, pesticides, and debris. If District determines the Drill is not so cleaned, then Renter shall pay a fee in an amount to be determined by and at the discretion of governing Board of District, to be paid in the same manner as rent.
District is responsible for ordinary maintenance and repair of Drill; PROVIDED HOWEVER, Renter shall be responsible for costs of any repairs to Drill resulting from Renter’s improper use, and any damage resulting from Renter’s negligence. Renter shall promptly notify District of any repairs that may be required for Drill to be in good and safe operational condition.
7. Estimated Area Planting: Renter estimates the Renter will plant 88 acres. Within 5 days of completion of planting, Renter shall provide District with actual acres planted, hereafter referred to as "Reported Acres”.
8. Confirmation of Acres: Utilizing Farm Service Agency aerial maps, or other source, Reported Acres planted may be confirmed by District.
In the event actual acres planted are found to be 10% over Reported Acres, Renter will be charged twice the rental rate on the additional acres ($30/acre) and could be disqualified from renting the drill in the future.
9. Location of Use: Renter shall utilize the Drill at the following location (address or description of location);
10. District Held Harmless: District is not responsible for any injuries to persons or damage to property while Drill is in possession, control of, or upon property designated by Renter. In consideration of renting the Drill, Renter agrees to defend, hold harmless and indemnify Lakeview Soil and Water Conservation District, its officers, employees, board members and agents from any and all liability, damages, costs, expenses and attorney fees arising out of renter’s negligence while engaged in the activities arising out of this agreement.
11. No Warranty: District makes no representation or warranty, either expressed or implied, regarding the probable success of Renter’s seeding project, nor of success of use of Drill, nor of the applicability or suitability of Drill for Renter’s purposes.
12. Agreement Subject to Other Laws: District is a Soil and Water Conservation District formed and operated pursuant to Oregon Revised Statutes Chapter 568. Renter shall utilize Drill in accordance with all federal, state and local laws, rules, and regulations without limitation, and applicable provisions of the Oregon Revised Statues, The District, the U.S. Environmental Protection Agency or the Department of Environmental Quality. Renter shall not utilize the Drill to apply pesticides. Renter shall be solely responsible for paying any fines or penalties incurred as a result of any improper or illegal operation of the Drill.
13. Non-Discrimination: Neither party shall discriminate or permit discrimination against any individual or group on the grounds of age, race, creed, color, national origin, religious preference, sex, disability or marital status in any way related to this agreement.
14. Non-Assignment; Non-Amendment; Entire Agreement: Renter shall not assign, transfer, convey, sublet or otherwise dispose of this agreement or any of Renter’s right, title or interest therein, nor the power to execute this agreement, without the prior written consent of District.
No waiver, modification or amendment of this agreement or any part thereof shall be valid unless in writing and duly executed by both parties. A waiver of any breach hereof shall not prevent forfeiture for any succeeding breach.
This agreement contains the sole and entire agreement between the parties and shall supersede all other agreements, if any, between the parties relating to Drill. Any other statements or representations made by either party are void and have no force or effect.
15. Enforcement, Costs and Fees: In the event that either party must enforce the terms herein, the prevailing party shall be entitled to attorney fees and costs for such enforcement, including appeal. Disputes will be settled through a system of arbitration.
16. Binding Agreement: This agreement shall be binding not only upon the parties hereto, but upon their successors, heirs, assigns and personal representatives.