BUILD SITE, EQUIPMENT LEASE AND LABOR COSTS
NOTE: By submitting the Awesome Possum reservation form the user agrees to the following Lease Terms, though the execution of the Lease is only upon the approval of the submitted reservation request form. Monies will be due at such time and this Lease Agreement shall be executed and valid and will expire after seven days from date of execution, with auto-renewal available upon agreement by both parties.
This Build Site and Equipment Lease (this “Lease”) is made effective as of the date of the reservation form submission, between Awesome Possum (the “Lessor”), 653 Gooseneck Cemetery Road, Graham, Texas 76450, and the party submitting the form (the “Lessee”), and states the agreement of the parties as follows:
EQUIPMENT SUBJECT TO LEASE. The Lessor shall lease the build site and/or equipment listed on the attached Exhibit “A”.
PAYMENT TERMS. The total build site lease payment, is based on a rate of $70.00 per week for an undeveloped site and $140.00 per week for electric (30/50amp) with water access, is due and payable at the time site use begins. Charges will be computed from the effective date of this Lease until the site is vacated.
Labor Costs are as follows: $60.00 per hour.
SERVICE CHARGE. If any Lease installment is not paid within 1 day(s) after the due date, the Lessee shall pay to the Lessor a service charge of 20.00
NON-SUFFICIENT FUNDS. The Lessee shall be charged $50.00 for each check that is returned to the Lessor for lack of sufficient funds.
SECURITY DEPOSIT. In addition to the build site lease payment charge, the Lessee shall pay a security deposit (agreed upon during asset checkout) for use of tools, equipment and/or community shop use. Labor deposit shall be equal to 40 hours of labor if estimate is greater than 40 hours or equal to the estimated labor time is less than 40 hours. Any amounts refundable to the Lessee shall be paid at the time this Lease is terminated, subject to the option of the Lessor to apply it against Lease charges and damages. The security deposit shall not bear interest.
LEASE TERM. This Lease shall begin on the begin date or the approved reserved dates and shall terminate at the end of the approved reservation dates, unless otherwise terminated in a manner consistent with the terms of this Lease.
LOCATION OF BUILD SITE AND EQUIPMENT. The equipment shall be located at 653 Gooseneck Cemetery Road, Graham, Texas 76450, during the lease term, and shall not be removed from that location without the Lessor’s prior written consent.
CARE AND OPERATION OF BUILD SITE AND EQUIPMENT. The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any. Lessee may remain on build site only for the duration of the build or project.
ALTERATIONS. Lessee shall make no alterations to the build site or equipment without the prior written consent of the Lessor. All alterations shall be the property of the Lessor and subject to the terms of this Lease.
MAINTENANCE AND REPAIR. The Lessee shall maintain, at the Lessee’s cost, the build site and equipment in good repair and operating condition, allowing for reasonable wear and tear. Such costs shall include labor, material, parts, and similar items.
LESSOR’S RIGHT OF INSPECTION. The Lessor shall have the right to inspect the build site and equipment during Lessee’s use of site and equipment.
RETURN OF EQUIPMENT. At the end of the Lease term, the Lessee shall be obligated to return the equipment to the Lessor at the Lessee’s expense.
OPTION TO RENEW. If the Lessee is not in default upon the expiration of this lease, the Lessee shall have the option to renew this Lease for a similar term on such terms as the parties may agree at the time of such renewal.
ACCEPTANCE OF EQUIPMENT. The Lessee shall inspect each item of equipment delivered pursuant to this Lease. The Lessee shall immediately notify the Lessor of any discrepancies between such item of equipment and the description of the equipment in the Equipment Schedule. If the Lessee fails to provide such notice before accepting delivery of the equipment, the Lessee will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule.
OWNERSHIP AND STATUS OF EQUIPMENT. The build siten and equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The Lessor shall be deemed to have retained title and rights of possession to the build site and equipment at all times, unless the Lessor transfers the title by sale. The Lessee shall immediately advise the Lessor regarding any notice of any claim, levy, lien, or legal process issued against the build site or equipment.
WARRANTY. The Lessor warrants that the above property is in good working condition, but makes no further warranties, express or implied.
RISK OF LOSS OR DAMAGE. The Lessee assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Lessor in the condition received from the Lessor, with the exception of normal wear and tear, unless otherwise provided in this Lease.
INDEMNITY OF LESSOR FOR LOSS OR DAMAGES. Unless otherwise provided in this Lease, if the build site or equipment is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the build site damages and/or equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of the Lessor and subject to this Lease.
LIABILITY AND INDEMNITY. Liability for injury, disability, and death of workers and other persons caused by use of build site and/or operating, handling, or transporting the equipment during the term of this Lease is the obligation of the Lessee, and the Lessee shall indemnify and hold the Lessor harmless from and against all such liability.
CASUALTY INSURANCE. The Lessor shall be responsible to maintain casualty insurance with respect to loss or damage of the equipment.
DEFAULT. The occurrence of any of the following shall constitute a default under this Lease:
A. The failure to make a required payment under this Lease when due.
B. The violation of any other provision or requirement that is not corrected within 1 day(s) after written notice of the violation is given.
C. The insolvency or bankruptcy of the Lessee.
D. The subjection of any of Lessee’s property to any levy, seizure, assignment, application or sale for or by any creditor or government agency.
RIGHTS ON DEFAULT. In addition to any other rights afforded the Lessor by law, if the Lessee is in default under this Lease, without notice to or demand on the Lessee, the Lessor may take possession of the build site and/or equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Lessee responsible for any deficiency. The rights and remedies of the Lessor provided by law and this Agreement shall be cumulative in nature. The Lessor shall be obligated to re-lease the equipment, or otherwise mitigate the damages from the default, only as required by law.
NOTICE. All notices required or permitted under this Lease shall be deemed delivered when delivered in person or by mail, postage prepaid, addressed to the appropriate party at the address shown for that party at the beginning of this Lease.
ASSIGNMENT. The Lessee shall not assign or sublet any interest in this Lease or the build site or equipment or permit the build site or equipment to be used by anyone other than the Lessee or Lessee’s employees, without Lessor’s prior written consent.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
DISCLAIMERS. 1. All persons onsite are subject to a background check. Any convictions that may cause concern for the safety of other persons onsite will be cause for denial of services and access to property. 2. Firearms must be stored securely and any person in possession of a firearm must disclose their possession upon registration. Those in possession of firearms must be legally permitted to be in possession of firearms. 3. Four legged companions are welcome to roam freely provided vaccinations are current and documentation is provided, no aggressive behaviors or antisocial behaviors are demonstrated and owner assumes responsibility for the animal. If your fur baby(ies) does not meet these criteria, you will be required to keep them separated and prevent their interaction with other guests and animals. 4. Awesome Possum is a family friendly place and children roam freely. You children are welcome to join in on the fun, but it is the responsibility of the parent/caregiver to see to the child’s needs, including preventing access to prohibited foods and activities. 5. Due to the undeveloped nature of the property and activities, special accommodations may not be available. 6. Littering, dumping of garbage, failure to maintain an clean and tidy site, dumping of excrement on the ground, vandalism or any action that compromises the grounds, facilities or other persons will result in immediate removal from the premises without refund. 7. We reserve the right to refuse service to anyone, at any time, for any reason.
ENTIRE AGREEMENT AND MODIFICATION. This Lease constitutes the entire agreement between the parties. No modification or amendment of this Lease shall be effective unless in writing and signed by both parties. This Lease replaces any and all prior agreements between the parties.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Texas.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Lease.
CERTIFICATION. Lessee certifies that the application, statements, trade references, and financial reports submitted to Lessor are true and correct and any material misrepresentation will constitute a default under this Lease.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
SIGNATORIES. This Lease shall be executed on behalf of Awesome Possum by Philip Causey, Owner, and by the party submitting the reservation request, and shall be effective as of the date or the approved reservation. The submission of the reservation request constitutes a digital signature and recognition of understanding to the terms of this agreement, on behalf of parties.