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166830 12/10/2008 �,\,f CITY OF CARMEL, INDIANA VENDOR: 237300 Page 1 of 1 ONE CIVIC SQUARE PARTY TIME RENTAL INC y CARMEL, INDIANA 46032 1212 S RANGELINE RD CHECK AMOUNT: $457.80 CARMEL IN 46032 CHECK NUMBER: 166830 CHECK DATE: 12/10/2008 DEPARTMENT ACCOUNT PO NUMB INVOICE NUMBER AMOUNT DESCRIPTION 1160 R4359003 18012 162679 457.80 HOLIDAY RENTALS 1212 South Rangeline Rd. RENTALAGREEMENT The below equipment has been received by the undersigned for rental purposes only, and it is the l equipment. understood that Inc. d Party Time Rental Carmel, IN 46032 ("Lessor") shall not be held responsible for any accident or damage resulting directly or indirectly from the use of the leased equipment. The lessor expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, (317) 8445178 and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The lessee agrees to indemnity and hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, REN M/ FAX (317) 575 -2272 loss of income or any other incidental damages, even those damages caused by the negligence of lessor, including attorneys' fees, arising out of, connected with, or resulting from the use of the equipment, including, but not limited to, the manufacture, selection, delivery, possession, use operation, www.ptrinc -cDm or return of the equipment. X BItE /RENT TO �.UEEWEfl TO INPRICE NR CITY OF CARMEL TREASURER OFCE CIVIC SQUARE Res# 120985 1 CIVIC SQUARE 1 CIVIC SQUARE Con# 162679 `CARMEL IN 46032 CARMEL 46032 r RATE TIME AR -97 571 -2495 W W (317) 571 -2495 11/21/08 3:38 PM AW N RR�EREO UB HOLIDAY ON THE SMICHELLE KRCHMERY RETURNED 11/24/08 3138 PM DM *FINAL Charge for 1.00 Day(s) Page: 1 Qt.v em .Daix: trek It ,4 ift Ptt f ��J t- -m. rr dIR„ Rental Text BILLING 0 03 DEL: 9AM -4PM ON 11/211- -CALL 30 MIN. PRIOR' �N3� 611.7 PU ANY ON 11/24 SU /TD TENT TENTS WILL BE WEIGHTED** C MICHELLE KRCMERY n 571 -2495 OR 697 -9669- SHE WILL MEET YOU OUT THERE TO SHOW YOU WHERE TO PLACE THE TENT!! 2 6441 -0000 TENT MARQUEE 9X10 WHITE 90.00 270.00 810.00 180.00 180.00 2 4595 -0000 TENT TARP MARQUEE 9X 10 0.00 0.00 A 4473 -0000 TENT WEIGHT 13.00 39.00 117.00 104.00 104. 6 8242 -0000 TABLE 6' BANQUET 6.00 18.00 54.00 36.00 36.00 DO NOT USE IN RAIN SNOW OR STRONG WIND DO NOT STAPLE TABLES FEES WILL BE ASSESSED 10 6626 -0000 EXHIBIT STANCHION WH CHAIN 8' 3.00 9.00 27.00 .30.00 30.00 10 6401 -0000 EXHIBIT STANCHION WH PLAS 3.00 9.00 27.00 30.00 30.00 10 M030 -0000 *BASE 3 FT 0.00 0.00 1 46032 CARMEL P /D• -32 55.00 55.00 55.00 Payments FORCE CHARGE 457.80 11/25/08 cn J o Call 252. 3Q32 before &after f QUQTE `�yl FINALBE,II NG* a hours for equipment problems.. y F Customer responsib -le for ALL z DAMAGED MISSING equipment Rent 380.00 EMERGENCY #(317) 252 -3832 UNDERGROUND (800) 382 -5544 Sales 55.00 Other 0.00 I HEREBY AUTHORIZE THE LESSORTO MAKE APPROPRIATE CHARGES TO MY CREDIT CARD. Dm g Waiv 22.80 YES INITIALS SME Tax 0. FAILURE TO RETURN PROPERTY (LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE EVIDENCE OF UNAUTHORIZED CONTROL OVER SAID PROPERTY WHICH CAN CONSTITUTES THEFT. THEFT IS PUNISHABLE Sales T 0.00 BY 2 YEARS IN PRISON PLUS UP TO A $10,000 FINE. EQUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE. De 0.00 I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE OPERATION'OFTHE ABOVE EQUIPMENT AND I FULLY UNDERSTAND THOSE INSTRUCTIONS. The undersigned having read and understood the above terms as well as the Additional Terms and Conditions on TOTAL DUE 457. 80 T P AID 0.00 the reverse side hereof, hereby agrees to rent the above equipment/articles on the terms and conditions set forth in this Rental Agreement, and is an authorized agent for the Lessee. EQUIPMENT LEASED BY X EQUIPMENT RETURNED BY AMT BILLED 457.80 i. i.-5 -8 ra r aaz -J 0 5 1 72 1 Terms and Conditions 1. INSPECTION. Lessee acknowledges that he has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Lessee understands its proper use. Lessee further acknowledges Lessee responsibility to inspect the equipment prior to its use and to notify Lessor of any defects. 2. TIME OF RETURN. Lessee right of possession terminates on the expiration of the rental period and retention of possession after this time. constitutes a material breach of Lessee's obligations under this contract. Time is of the essence in this agreement. Any extension must, at Lessor's election be mutually agreed upon in writing. 3. RETURN OF EQUIPMENT. At the termination of this agreement, Lessee shall return all the equipment to Lessor's premises during Lessor's regular business fours, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the Equipment occurring because it was not ioturned within Lessor's regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee. Lessee shall be responsible for all losses or damage to the Equipment from time of delivery to Lessee and until picked up by Lessor. 4. PARTIES. As used in this Rental Agreement, the terms "Lessor" and `we' shall mean PTR, inc. d/b/a Party Time Rental. The terms "Lessee' and "you" shall mean the party executing this Rental Acreement as such on the face hereof. 5. HOLD HARMLESS AGREEMENT. Lessee shall defend, indemnify and Bold harmless Lessor its employees, agents and subsidiaries, from and against all claims, liabilities, losses. damages to property or otherwise. and expenses, of every character whatsoever, resulting from the actions, negligent or otherwise. of Lessee. Lessee's employees and agent of Lessee or Lessee subcontractor. The indemnities included in this exhibit shall include reasonable attorney's fees paid by Lessor in defending suit and actions involving liability covered by the indemnification provision in this paragraph. 6. TIME. All equipment rental charges are for time out, NOT TIME USED. Most prices quoted are for a one day (24 hours) charges. If equipment is needed for a longer time period, we also have weekly (7 days) and monthly (28 days) rates. For most equipment the weekly rate is three times the daily rate and the monthly late is three times the weekly rate. 7. LIABILITY. All equipment is for rental purposes only, and it is understood that the Lessor shall not be held responsible for any accident or damage resulting directly or indirectly from the use of the leased equipment. The Lessor expressly disclaims all ,varra� sties. either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability in connection with the use of this equipment. The Lessee agrees to indemnify and hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, loss of income or any other incidental damages even those damages caused by the negligence of the Lessor, including attorneys' fees arising out of, connected with or resulting from the use of the equipment, including but not limited to, the manufacture, selection, delivery possession, use operation, or return of the equipment. 8. COLLECTION COSTS. The Lessee agrees to pay all reasonable collection attorney's and court fees and other expenses involved in the collection of charges or enforcement of the Lessor's rights under this contract. 9. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue its use and to notify Lessor. Lessor vAll repair or replace the equipment with similar equipment in good working order if available, and if the defect is the result of normal use. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto. 10. DAMAGE WAIVER. A six percent (6 non- refundable damage waiver is applied to the cost of all rental equipment, This cost is only minor repairable damage, and is not to be construed as insurance. The damage waiver does not cover damage caused by misuse abuse nor does it cover theft. Minor damage is defined as damage that can be repaired for an amount less than six percent (6 °i) of the equipment's rental fee. 11. PROTECTION OF EQUIPMENT. It is the responsibility of-the Lessee to protect all equipment from damage, exposure to weather, or other damage that occurs from issue of equipment. The Lessee must protect the equipment until it is returned or until the agreed pick -up time and date, 12.THEFT OF EQUIPMENT. The Lessee agrees to pay for equipment (at its replacement cost when rented] for all types of theft or'mysterious disappearance. Damage Waiver does not covertheft. 13. WEATHER RELATED RISKS. Lessee assumes all weather related risks involved in holding an outdoor tented event. Lessor will endeavor to minimize said risk, however, should the tenting become unusable due to high wind, snow, rain, flooding, extreme cold heat, or any other factor beyond Lessor's control, Lessee shall still be liable for payment in full of all charges 14: DIRTY, OR DAMAGED EQUIPMENT. Lessee agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear while equipment is out of possession of Lessor. Lessee also agrees to pay a reasonable cleaning charge for all equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental Equipment damaged beyond repair will be paid for by Lessee at its Replacement Cost when rented. The cost of repairs will be borne by the Lessee, whether performed by Lessor, or at the Lessor's option by others. 15. LOSS OR DAMAGE. To the extent that damage to the equipment is not covered by the foregoing Damage Waiver provision, the Lessee assumes all risk of loss or of damage to the leased equipment from any cause. No loss of or damage to the equipment shall impair any obligation of the Lessee under this Rental Agreement, including the repayment of rental fees. Lessor shall have the option of repairing or replacing the equipment, and Lessee shall be responsible for such costs. 16. PAYMENT TERMS. We require a valid Visa, (MasterCard, American Express or Discover card number to make a reservation unless the party renting the equipment has a pre- arranged account at Party Time Rental. The credit card number will secure the reservation until the date of the event. If a credit card is not presented at pick -up, then a cash security deposit equal to the replacement cost of the equipment is required in addition to the rental fee. 1Z CANCELLATION. A party making a reservation will be subject to a 25% cancellation fee if the entire reservation is cancelled within thirty (30} days of the event. This policy applies to all parties, including those who have pre arranged accounts at Party Time Rental. Cancellation of inflatable and special seasonal equipment will be subject to a 100 fee. 18. DELIVER AND PICK -UP. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs. If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and equipmentis not knocked down and assembled in one sheltered area, tables and chairs will be left until the next day when a special crew can be scheduled. There will be additional one day rental, A knock down fee will result if equipment is Still up. 19. PREPARATION OF SITE. Lessee agrees to have the site upon which the equipment is to be erected, free and clear of all obstacles, natural and man made, prior to the arrival of the Lessors work crew. Lessee further agrees to have all tents cleared for removal prior to our arrival. All non leased equipment and decorations shall be cleared and taken from site. if Lessee fails to do so, then Lessee shall pay all costs involved for any delay, additional rental. and all costs including collection and legal expense. 20. UNDERGROUND FACILITIES. Lessee agrees to have all Underground Facilities, in the vicinity of the Equipment installation, clearly marked prior to the arrival of Lessor's work crews. Lessee assumes full responsibility for damage to all Underground Facilities. To identify Underground Facilities. Lessee must call one week prior to installation. CALL BEFORE YOU DIG 800 382 -5544 21. SET-UP/TEAR DOWN. Set up and/or tear down of equipment is also available. Party Time Rental will be happy to quote a charge to the customer based on the rental item to be set -up /torn dorm,. Any equipment not previously scheduled to be set -up or tom down will be assessed normal set -up /tear down charges plus a minimum $50 fee. 22. IDENTIFICATION. When picking up rental equipment at our location, we require a valid Indiana State Driver's License. For insurance purposes, we are required to photocopy the Lessee's license. 23. EQUIPMENT USE. Upon picking up or accepting delivery of equipment, learn to use the item(s). We do our best to instruct each customer on how to safely use the equipment. Should an item not work properly, please contact the Lessor as soon as, you have discovered the problem. Vie will either provide further instruction or we will replace the item. Also, upon picking up or accepting delivery of equipment, be sure that you have received all of the items that you reserved. Provided that the items are not correct or acceptable, we must be advised immediately in order to remedy the situation. The Lessee shall use the equipment in a careful and proper manner. 24. LIQUIDATED DAMAGES. In the event that the Lessor fails to deliver any equipment, or is unable to remedy problems with the delivered equipment, the Lessor's sole responsibility shall be to refund to the Lessee the rental fee for the particular equipment. 25. SEVERABILITY. It any provision of this Rental Agreement is held invalid by a court of competent jurisdiction, it shall be considered deleted from this Rental Agreement but.such invalidity shall not affect the other provisions that can be given effect in the absence of the invalid provisions. 26.ATTORNEY'S FEES. in the event that either party files an action in relation to this Rental Agreement, the Unsuccessful party in the action shall pay to the successful party, in addition to all other sums that either party may be called upon to pay, a reasonable sum for the successful party's attorneys' fees. 27. LINENS. Table linens are inspected prior to pick up and upon return, DO.NOT ROLL UP OR PLACE WET LINENS IN ANY BAG -mildew will result. if there is obvious damage such as mildew, excessive stains, burns or tears, you will be charged the cost of the linen and keep same as though it were a sale. Return all linens dry and free of waste. 28. COOKING UNDER TENTS. Lessee agrees not to do any type of cooking under or within a reasonable distance of the tent. Lessee assumes full responsibility and costs incurred,for damage and or cleaning expense to tent tops due to cooking processes under or near.tents. Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER 12/8/08 CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Party Time Rental Purchase Order No. 1212 So. Rangeline Rd. Terms Carmel In 46032 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 11/21/08 162679 Holiday on the Square Rentals $457.80 Total $457.80 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VQUCHER NO. WARRANT NO. 12/8/08 ALLOWED 20 Party Time Rental IN SUM OF 1212 S. Rangeline Rd. Carmel IN 46032 457.80 ON ACCOUNT OF APPROPRIATION FOR 1160 Mayor R4359003 Festival Community Events Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 18012 162679 R4359003 $457.80 bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 20 si Cost distribution ledger classification if Title claim paid motor vehicle highway fund