MONTHLY RENTAL AGREEMENT
Due to recent vessels sinking, increases in insurance costs new insurance clauses and liability that require landlord to have signed rental agreements and requirements that tenants insure their own vehicles, equipment, employees and personal property, health and lives.
This month to month Rental Agreement (this "Month to Month Sub rental") is made effective as of____________, by and between ______________("Tenant"), and _____________________________("Subtenant"). Landlord has new insurance requirements and now requires that all tenants sign a rental agreement and to insure their own personal property, liability and pollution and Landlord has previously entered into a lease agreement with Prime Landlord ("Landlord") (the "Prime Lease"), Sub rental payments shall be made to Landlord at 8503 Windmill Cove Road, Stockton, Ca. 95206, which may be changed from time to time by Landlord. Therefore, the parties agree as follows:
PREMISES. Landlord, in consideration of the sub rent payments provided in this Agreement, sublets to Subtenant storage space located at 8503 Windmill Cove Road, Stockton, Ca. 95206 (the "Premises").
TERM AND POSSESSION. The term of this month to month Sub rental will begin on date__________ and unless terminated sooner pursuant to the terms of this month to month Sub rental, it will continue on a month to month basis. Landlord may assign this agreement at any time.
SUBRENTAL PAYMENTS.
LAND. Rates. Daily .20sq. ft. Weekly .18sq. ft Monthly .15sq. ft. Annually .10sq. ft. Landlord now desires to sub rent the area to tenant _______________ square foot at the cost of ________________cents per square foot of land. Tenant may be moved from one section or the other at landlords will.
Description, license plate number of item stored _____________________________________.
WATER. Rates. Daily $16 per Lineal ft. Weekly $14 ln. ft Monthly $12 ln. ft. Annually $10 ln. ft. Landlord now desires to sub rent the area to tenant _______________ lineal foot at the cost of _______________ per lineal foot of land. Tenant may be moved from one section or the other at landlords will.
Description, license plate, hull number of item stored _____________________________________.
SECURITY DEPOSIT. At the time of the signing of this Sub rental, Subtenant shall pay to Landlord, in trust, a security deposit of $_________ to be held and disbursed for Subtenant damages to the Premises or other defaults under this Sub rental (if any) as provided by law.
NOTICE. Notices under this Sub rental shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows to every interested party:
INSURANCE: Subtenant shall have insurance $1,000,000 GL, Pollution Insurance, Auto and Equipment Coverage, and Workers Comp for there employees, personal property, boat, trailer or what ever item is on the property and list Landlord as additional insured. If an oil spill occurs or a vessel sinks the tenant will be responsible for responding within one hour or Landlord may at his discretion start the salvage or clean up immediately and bill and or lien the vessel for payment immediately. No finance terms or extension of credit for this purpose.
LAWSUITS. Tenant shall pay all attorney fees should any action for breach, oil spills or damages.
Landlord. _________________ Tenant. ____________________
DATE:_______________________
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CONTRACT FOR THE PURCHASE OF
SCRAP – METAL, ALLOYS, AND OTHER ITEMS
This Contract for the Purchase of Scrap - Metal, Alloys and Other Items (the "Contract") is made and entered into between:
BUYER: YOUR COMPANY NAME AND ADDRESS HERE
AND
Dolan David Parker (“Seller”)
PO Box 182
Holt, Ca 95758
Fax - 209-554-4300
Email - dp@parkeroceanic.com
WHEREAS, Seller has the exclusive rights to certain ships/barges located at the premises of Dolan David Parker in Stockton, California (the “Premises”);
WHEREAS, Buyer wishes to purchase, dismantle and transport scrap metal that compose the ships in accordance with all applicable state, federal and local laws and regulations;
WHEREAS, Seller and Buyer have reached an agreement wherein Buyer will dismantle the structure and purchase and remove the materials from the Premises in accordance to the exclusive agreement with Seller; and
NOW THEREFORE in consideration of the mutual covenants here in after set forth, the parties here to agree as follows:
1) ITEMS PURCHASED. Seller agrees to sell and Buyer agrees to buy, the following products (the "Goods") in accordance with the terms and conditions of this Contract:
a) Item: All Scrap Metal including ferrous and non-ferrous metals and all alloys resulting from the dismantling of the vessels (including barges and other ships) in possession of the Seller or to which Seller has exclusive rights, and all motors, engines and wiring from dismantling such vessels or items. Notwithstanding anything herein to the contrary, Seller offers Buyer exclusive dismantling and removal rights to items that Seller has exclusive rights to, and exclusivity to Goods as described herein.
b) Description: All metal and metal-based items derived from cutting barges and vessels, including motors and wires.
c) Quantity: __________ US TONS MORE OR LESS.
d) Condition: The materials purchased by Buyer from the Seller are sold in “as is, where is” condition with no guarantee whatsoever by Seller that their condition is appropriate for Buyer’s intended purposes.
2) TERM. Unless sooner terminated by either party in accordance with the terms and provisions of this Contract, the initial term of this Contract (the "Term") shall be a period of Three (3) months or the completion of dismantling and extraction of the quantity of Goods mentioned above, whichever comes first, beginning on the date this document is executed.
3) PAYMENT. Seller will be paid for Goods as follows:
a) Price:
i) US Dollars ________________ per US Ton OR $_______________.
b) Payment Structure & Process:
i) A deposit payment of $_______________ will be made to Seller upon signing of contract.
ii) As Buyer removes metal from the site, Buyer will submit weight slips/ trucking receipts (“Weight Slips”) to Seller showing the quantity removed.
iii) Seller will apply the deposit payment, at the Price indicated herein per US Ton, to the Goods removed.
c) Payment to be sent electronically to the nominated bank of the Seller in legal and valid US currency, or to be paid by company check at Seller’s option.
4) DELIVERY OF GOODS.
a) All Goods shall be delivered to Buyer AS IS WHERE IS by Seller, subject to all other terms of this Contract.
b) As dismantling, processing of metal, or other preparatory work is required in order for Buyer to pick up the Goods, Seller shall lease his dock to buyer for $____________ per month with first and last months rent and a $_____________ security deposit allow such work to be conducted at the Seller’s site where the Goods are currently located, and where Goods will be delivered by Seller to Buyer.
c) Seller to make space available for Buyer’s personnel and equipment for the dismantling activity at the Premises, in order for Buyer to complete the work and remove the metal.
d) Seller shall allow for shipping containers to have access to the site where Goods are processed and/or stored, for loading purposes.
e) At the time Buyer takes possession of, and removes, the Goods from the place of transfer at the Premises, title, risk of loss and all other incidents of ownership to the Goods shall be transferred from Seller and vested in Buyer.
5) TERMINATION: This Contract may be terminated by either Party upon delivery of written Notice to Terminate this Contract to the other Party as of a date specified in such notice of termination, upon the occurrence of any of the following:
a) A proceeding instituted by or against such other Party seeking to adjudicate it bankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for it or for any substantial part of its property, and, in the case of any such proceeding instituted against it (but not instituted by it), shall remain undismissed or unstayed for a period of Fifteen (15) days or an order for relief shall be entered against it; or such other Party shall take any action (corporate or other) to authorize any of the actions set forth above;
b) Any conviction of the other Party for a criminal act of such Party related to this Contract.
c) If the other Party breaches the terms and conditions of this Contract, including:
(1) Failure by Buyer to pay its debts to Seller as such debts become due and owing,
(2) Failure by Buyer to comply with safety regulations and applicable federal, state or local laws; or
(3) Fraud perpetrated by either Buyer or Seller resulting in substantial damages or losses to the other.
(4) In the event of such breach of Contract, the Party responsible for such breach is provided a Thirty day (30) Cure period from the date of Notice of Termination to remedy stated breach.
Buyer and Seller shall comply fully with this Contract until such termination or expiration becomes effective.
6) OTHER CONDITIONS.
a) Any wood or concrete found by Buyer in cutting the ships may be disposed at Buyer’s request and expense.
b) Buyer warrants that it understands the known hazards which are presented to persons, property and the environment in the dismantling, management and transportation of the Goods; and, that it will dismantle, manage and transport such Goods in full compliance with all federal, state and local laws and regulations.
c) Buyer agrees to indemnify, save harmless and defend the Seller from and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses thereto, (including reasonable attorney's fees), which it may hereafter incur, become responsible for or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment and/or natural resources, or any violation of governmental laws, regulations or orders, caused, in whole or in part by (i) Buyer’s breach of any term or provision of this Contract; or (ii) any negligent or willful act or omission of Buyer, its employees or subcontractors in the performance of this Contract.
d) Seller agrees to indemnify, save harmless and defend Buyer from and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses thereto, (including reasonable attorney's fees), which it may hereafter incur, become responsible for or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment and/or natural resources, or any violation of governmental laws, regulations or orders, caused, in whole or in part by (i) Seller’s breach of any term or provision of this Contract; or (ii) any negligent or willful act or omission by Seller, its employees or subcontractors in the performance of this Contract
e) Seller agrees to provide Buyer, its employees and subcontractors a safe working environment for any work in pursuance of this Contract, which must be undertaken on the Premises. Buyer, its employees and subcontractors shall comply with the Seller's safety procedures while on the Premises, provided such procedures are legibly posted in the working areas or have been given, in writing, to Buyer prior to the commencement of work on the Premises.
f) Buyer is and shall execute this Contract as an independent contractor, and as such, shall have and maintain complete control over all of its employees, agents, successors and operations. Neither Buyer nor its employees, agents, or successors, represent, act, purport to act or be deemed to be the agent, representative, or employee of the Seller.
g) “If either party brings an action or proceeding to enforce, protect or establish any right or remedy under this Contract, the prevailing party shall be entitled to recover from the other party its costs of suit and reasonable attorneys̓ fees which shall be fixed by the judge of the court.”
7) INSURANCE. Buyer will procure and maintain and pay all premiums, fees and charges for the purpose of procuring and maintaining continuously throughout the term of this Contract:
a) All Risk Insurance: Insurance on the Premises and the works there on against loss or damage by fire or other casualty with endorsements providing what is commonly known as “All Risk” in an amount equal to the full replacement cost thereof;
b) General Liability Insurance with respect to the Premises with a combined single limit of not less than US Dollars One Million ($1,000,000) for any bodily injury or property damage, per occurrence;
c) Sudden and Accidental Pollution Insurance up to US Dollars One Million ($ 1,000,000) including coverage against occurrences while Goods are in storage and while being transported or delivered by Buyer;
8) CONFIDENTIALITY. Both parties acknowledge that during the course of transactions, each may obtain confidential information regarding the other party's business. Both parties agree to treat all such information and the terms of this Contract as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Contract.
9) NO ASSIGNMENT. Neither party may assign or transfer this Contract. The only exception to be to an affiliated company that is controlled by any of the parties appearing herein.
10) AMENDMENT. This Contract may only be modified or amended if the amendment is made in writing and signed by both parties.
11) APPLICABLE LAW. This Contract shall be governed by the laws of California and further agree that jurisdiction and venue of any dispute is in the state courts of California, or the federal courts situated in the state of California. The Parties mutually acknowledge and agree that they shall not raise in connection therewith, and hereby waive, any defenses based upon venue, inconvenience of forum, or lack of personal jurisdiction in any action or suit brought in accordance with the foregoing.
12) ENTIRE AGREEMENT. This Contract shall constitute the entire agreement among the Parties hereto relating to the sale of the Goods and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon any Party except to the extent incorporated in this Contract.
13) For BUYER:
_____________________________________ _____________________________
Signature Date
_____________________________________ ______________________________
Name Title
For Seller (Dolan David Parker)
_____________________________________ _____________________________
Signature Date
_____________________________________ ______________________________
Name Title
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