CM-11-06-125ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Item Caption:
City Manager Approval Summary Sheet
Consider executing the July 4th Trailer Lease Agreement with Sysco Food Services of Austin,
L. P.
Approval Date:
June 24, 2011
Department:
PARD
Project Manager:
Randy Gordon, Parks Manager
Item Summary:
The City is sponsoring the July 4th Fireworks Celebration at Old Settlers Park on Sunday July 4, 2011. As part of the
celebration, Sysco Austin Inc. shall provide a refrigerated trailer for watermelons for the event. The agreement is for
delivering and picking up the trailer and for managing fuel during the time that it is in the park.
Strategic Plan Relevance: Places and Spaces
Cost: $200.00
Source of Funds: 5424 100 23000
REV. 6/10/10
TRAILER LEASE AGREEMENT
This Agreement made this 15th day of June , 20 I by and between
Sysco Austin. Inc ("•Lessor") and City of Round Rock, Texas . ("Lessee").
In consideration of the mutual covenants and promises contained in this Agreement,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, that parties hereto agree as follows.
1 Lease. Lessor leases to Lessee and Lessee hires from Lessor the trailer(s)
identified on Exhibit A attached hereto for a term as indicated on Exhibit A and for the
location indicated on Exhibit A (individually or collectively, the "Trailer").
2. Rental. As rent for the Trailer, Lessee shall pay to Lessor the amount set forth
on Exhibit A. Whenever required, Lessee also shall pay to Lessor any sales, use, or similar
tax. which at any time during the term of this Lease may be imposed on the letting herein
provided. Lessee shall pay rental fees within 30 days of receipt of an invoice from Lessor.
3. Delivery and Location. Lessor shall deliver the Trader to the location
specified on Exhibit A or to such other locations reasonably specified by Lessee in any
manner as Lessor, in its sole discretion, may elect, and Lessee shall be solely responsible for
and shall indemnify and hold Lessor harmless from any liability or expense including
reasonable attorneys' fees, arising out of damage to any person or property due to the
location of the Trailer
4 Trailer Use
A. Trained to Use.
Lessee shall
ensure that its duly authorized agent or representative is present at the time of the delivery of
the Trailer. Upon delivery of the Trailer by Lessor, Lessee shall be deemed to have accepted
the Trailer unless Lessee through its authorized agent or representative rightly rejects the
Trailer at the time of delivery as being defective, unsafe or inconsistent with specifications
agreed upon between Lessor and Lessee. LESSOR MAKES NO WARRANTIES, EXPRESS
OR IMPLIED. OF ANY KIND CONCERNING THE TRAILER. INCLUDING NO IMPLIED
WARRANTY OF MERCHANTABILITY AND NO IMPLIED WARRANTY OF FITNESS FOR
ANY PARTICULAR PURPOSE
B. Impermissible Uses. Lessee shall operate the Trailer in compliance
with all federal, state and local laws and in a reasonable and safe manner. Lessee shall not
use or permit the Trailer to be used for any illegal purpose or for the transportation or storage
of any material deemed extra hazardous by reason of being (i) explosive, (ii) inflammable or
(iii) hazardous waste or a hazardous substance or some other regulated category of waste as
EYVl- I I-010- 125
defined by application law, ordinance, rule or regulation. Lessee shall indemnify and hold
Lessor harmless from and against all damages and expenses, including reasonable
attorney's fees, sustained by Lessor as a result of any such impermissible use.
C. Damage to Goods; Title. Lessor shall not be responsible for
loss or damage to any goods or other property in the Trailer at the time of delivery or placed
or carried in the Trailer after delivery to Lessee, arising from any cause whatsoever. Lessee
acknowledges that title to any product located in the Trailer shall transfer to Lessee upon
delivery of the Trailer to Lessee. Lessor may, in its sole discretion and without any obligation
to do so, accept the return of "saleable" product. Lessor shall not be responsible for any
product nonconformity as to quantity, quality or price, unless noted on the original delivery
receipt at the time delivery of the Trailer to Lessee.
5. Maintenance.
A. Repairs. Lessee shall bear all expenses of maintaining the leased
Trailer in good operating condition and shall be responsible for the cost of repairs and
replacement of the Trailer's parts or equipment, including, but not limited to, ramps,
bulkheads, wheels, tires, doors, flooring, interior and exterior panels, and refrigeration unit, if
damaged in any respect during the term of this Lease. Lessee is expressly forbidden to
repair or attempt to repair the Trailer without the Lessor's prior consent. In the event the
Trailer requires any repairs or replacement, Lessee shall give immediate notice to Lessor
which shall have the option, but not the obligation, to perform the repairs or replacement
itself, the cost of which Lessee immediately shall reimburse Lessor, or to require Lessee to
cause any repairs to be made as Lessor otherwise shall direct.
trotteeel-fttel-.
C. Training/Maintenance.
D. Permits. Lessee shall be responsible. at its sole cost and
expense, for maintaining during the term of this Agreement, all permits, registrations or
licenses ("the Permits") which are required by the state, district, municipality or agency where
the Trailer is located, used and/or operated by Lessee.
6. Indemnification. Lessee hereby agrees to indemnify, defend and hold Lessor,
its subsidiaries, affiliates, divisions and/or agents, servants, employees, officers, directors,
and assigns (and any third party to whom any of the foregoing may owe a similar obligation
pursuant to contract, lease agreement or operation of law), hereinafter collectively referred to
as "Indemnitee". harmless from any suits, claims, losses, damages or expenses, including
reasonable attorneys' fees and expenses, which any Indemnitee may suffer, sustain or incur
as a result of or in connection with the operation, use, maintenance or possession by Lessee
of the Trailer.
7. Release. In consideration for the use of the Trailer by Lessee, Lessee does
hereby release, discharge and acquit Lessor from any and all claims, actions, causes of
action, demands, liabilities, damages, costs and expenses whatsoever which Lessee now
has or may hereafter have on account of Lessee's operation, possession, maintenance
and/or use of the Trailer.
8. Holding Over. Any holding over by the Lessee at the expiration of the term of
the lease hereof shall, in the absence of any agreement to the contrary, create a tenancy
from day-to-day, with rent payable on a pro -rated basis at 5:00 EST each day at the principal
address of Lessor, and all other terms and conditions hereof shall remain in effect.
9. Condition of Trailer. Lessee agrees to return the Trailer to Lessee in the same
condition as delivered to Lessee. It will be presumed, unless indicated in writing to the
contrary, that the Trailer is in good repair and operating condition at the time of delivery to
Lessee. Lessee further agrees to cause the Trailer, at its sole cost and expense, to be
repaired and returned to good operating condition and repair (or alternatively reimburse
Lessor for the cost thereof) in the event of any damage to or breakdown of any Trailer during
its use by Lessee.
10. Insurance. Lessee shall maintain such insurance in such amounts as described
below as will protect Lessor and Lessee from any damages arising as a result of Lessee's
use, operation, maintenance or possession of the Trailer. Lessee shall furnish a certificate
acceptable to Lessor that Lessee has in effect workmen's compensation insurance coverage
in the statutory amount, automobile liability insurance (any auto) in the amount of at least one
million dollars ($1,000,000), premises liability and commercial general liability insurance
coverage providing such coverage in a liability amount of at least one million dollars
($1,000,000) per occurrence and two million dollars ($2,000,000.00) in aggregate, excess
liability or umbrella insurance in at least the amount of three million dollars ($3,000,000) and
physical damage to tractor/trailer/ equipment in the amount of actual cash value with no
deductible for collision and one thousand dollar deductible for other than collision. Such
insurance shall include a waiver of subrogation and a requirement of thirty (30) days notice of
cancellation, non -renewal or reduction of coverage or limits. The automobile, excess
liability/umbrella, premises liability and commercial general liability coverages shall name
Lessor as an additional insured on a Form CG20-26.
11. Notice. Any notice, request, demand or other communication, document or
instrument which may be required or permitted to be furnished by one of the parties hereto to
the other hereunder, shall be deemed sufficiently furnished or served if in writing and (i)
delivered in person, or (ii) mailed (by first class mail, registered or certified and postage
prepaid), or (iii) telexed or telefaxed, to the party entitled thereto, addressed as follows or
such other address as the party entitled thereto may have prior thereto specified by notice
given as contemplated in the paragraph 11:
If to Lessee: C T/ 4,1.= R.sx)t d. 1 TuuA$
Co it nM��6s! i OP Ft c.(
21.1 (Mr Nw• t a S Tree r
Attn:
Phone:
Fax:
t2o4+a4 , Tx 7 X(J. 4
St Z.- tie - Syol
S!Z- LAS -7017
If to Lessor: Sysco Austin, Inc.
SiSc0 food Stir/ .3S or AviT;�
Attn:
Phone:
Fax:
of Sou -s -r% COI S LN,. -rjA.1
lis�v*. & ttcck.� Tx 78'6$1
r0oo
12. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors, legal representatives, and assigns. Lessee
may not assign, pledge, or otherwise encumber this lease or any interest therein or sublet the
Trailer without Lessor's written consent, nor shall Lessee encumber or otherwise suffer any
lien to be placed against the Trailer, or abandon or conceal the Trailer.
13. Entire Agreement. This Agreement represents the entire agreement between
parties. This Agreement shall not be modified or amended except by an agreement in writing
signed by the parties.
Signatures on following page
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day
and year first above written.
4
LESSOR: SYSCO AUSTIN, INC.
LESSEE:
BY:
TITLE: �r t'.e�f �f Fac.�� - Q47.c/
cI -ry or 12szo & R. , Tr xp
(Print Lessee's Name Here)
BY:
TITLE: `NEVE W WOOD, CLT MkfJ E-
TRAILER IDENTIFICATION:
Model/Make:
EXHIBIT A
Identification No.:
DELIVERY CHARGE:
PICK-UP CHARGE:
DAILY RENTAL FEE:
WEEKEND RENTAL FEE:
WEEKLY RENTAL FEE:
SYSCO'S FUELING CHARGE:
erA ►J%
RENTAL AMOUNT: Wck
TERMS OF THE LEASE:
Di j u5 2011
From:
Date ( d/mm/yyyy)
Time of Delivery:
LESSEE LOCATION of TRAILER:
To: 04 at 2(,(1
at
(example: 1:00 pm)
DIS CANr's Tor 404
[Street address]
[City, state zip]
Date (dd/ m/yyyy)
-fro 44 -re/0,s 75641
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