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180217 12/08/2009 CITY OF CARMEL, INDIANA VENDOR: 237300 Page 1 of 1 ONE CIVIC SQUARE PARTY TIME RENTAL INC a !fiCARMEL, INDIANA 46032 1015 3RD AVE SW CHECK AMOUNT: $1,253.23 CARMEL IN 46032 CHECK NUMBER: 180217 CHECK DATE: 12/8/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1160 4359003 13184 123884 795.43 HOLIDAY ON THE SQUARE 1160 4359003 13184 123905 457.80 HOLIDAY ON THE SQUARE 1212 South R811gellne Rd. RENTAL AGREEMENT y TM p The below equipment has been received by the undersigned for rental purposes only, and it t 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 he leased equipment. equipment. The lessor v�P�'J expressly disclaims all warranties, 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 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, 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, a connected with, or resulting from the use of the equipment, including, but not limited to, the manufacture, selection, delivery, possession, use operation, www.ptrinc.com or return at the equipment. X Bltl TO(RENT 10tw 10t TO_, CITY OF CARMEL- TREASURER OFCE CIVIC SQUARE Res# 123905 1 CIVIC SQUARE 1 CIVIC SQUARE Con# 167178 CARMEL IN 460 CARMEL 460 o F f OATS TIME J, 1 -ew 3 J J 1I�N4/ VJ b :13 'TAT H F (317) 844 -3498 U13 IrIUL I UH Y UIN I Ht bill I I1htL I K111-HITIttl RETURNED 11/23/09 6 :13 PM KM ***FINAL*** Charge for 1.00 Day(s) Page: 1 Rental Text PILLING DEL: 9AM -4PM ON 11/20- -CALL 30 MIN. PRIOR!! PU: ANY ON 11/23 #SU /TD TENT TENTS WILL BE WEIGHTED** CONTACT: MICHELLE KRCMERY Id 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 9X10 0.00 0.00 8 4473 -0000 TENT WEIGHT 13.00 39.00 117.00 104.00 104.00 6 8245 -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 55.40 55.00 Payments Cal C_JG. b efore Ef aft er o hot -ir °s for egl_iipment problems. r QUOTE FINAL BILLING W 0 Customer responsible for ALL CL I- DAMAGED MISSING equipment Rent 380.00 Sales 55. 00 EMERGENCY #(317) 252 -3832 UNDERGROUND (800) 382 -5544 Other 0.00 I HEREBY AUTHORIZE THE LESSORTO MAKEAPPROPRIATE CHARGES TO MY CREDIT CARD, Dmg Waiver 22.80 S YES INITIALS ME Tax 0.00 FAILURE TO RETURN PROPERTY (LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE Sa l e s Tax 0. 0 0 EVIDENCE OF UNAUTHORIZED CONTROL OVER SAID PROPERTY WHICH CAN CONSTITUTES THEFT THEFT IS PUNISHABLE Dep o s it 00 BY 2YEARS IN PRISON PLUS UP TO A $10,000 FINE. EQUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE. I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OFTHE ABOVE EQUIPMENT AND I FULLY UNDERSTAND THOSE INSTRUCTIONS. TOTAL DUE 457. 84'1 The undersigned having read and understood the above terms as well as the Additional Terms and Conditions on 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 MT BILLED 457.80 EQUIPMENT RETURNED BY 11 16 Terms and Conditions. 1: INSPECTION. Lessee acknowledges that he has Pad an opportunity to personally {spec: the equipr,e !t. and fines €i; suitable for his needs and in good condl:ion. Lessee uldersia d ,ts pro"per,use, Lessee further acknowledices Lessee fesponsib €lifyt to inspect the equ firnen prior to its use and to notify Lessor of any defects 2. TIME OF RETURN. Lessee rk nt of possession terminates on the expiration of the r_. ;:a period and retention of possession after this time constitutes a material breacrl c` Lessee 's obligat ons under this contract. ime is of the essence ;n agreeme "t Any rnust, at Lessor`s election be md,t sadly agreed upon f ix�ftinc. T 3. RETURN OF EQUIPMENT At the term ination of this agreement; Lessee shall retu m all the equipment to Lessor's premises during Lessor's regular business hours, in the cons :ion and repair as when delivered tau 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 retuned within Lessor's regular business hours. if Lessor has agreed to deliver the Equipment io Lessee or o pick up the Equipment from Lessee. Lessee shall be responsible for a1 osses or camace to the Dnuiprnent from time of delivery to Lessee and until pi kec up by Los 4. PARTIES. As used n this Rental Agreement, the terms" Lessor" ,,rc w+fe shall memo, p "R inc, e %b': tarty Time Rentai. The terms "Lessee" and `you` s. all mean the I arty executing this Rental Acr- Bement as such or the face hereof. 5. HOLD HA MLESS AGREEMENT, Lessee shall defend, indemnify and hold harmless Lessor its employees, agents and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expensed. or" every character whatsoever resulting from the actions, negligent or otherwise, of Lessee, Lessee's employees and agent of lessee or Lessee suocontractor. The indemnities included in this exhibit s. all include reasonable attorney s fees paid by Lessor in defending suit and actions ,1vo €vi€ .3 Ikub< 0Je'eo aw he demliific rcr1 provision in this paragraph. 6.TIME All equipment ren,>x; charges are for time out, NOT TIME USED. Most prices quoted are for a one day (24 hours; charges. If equipr ,en is needed for a longer time period, '.we also r .avc r ^Yr ;early r; days, and.iriol hly 1 26 d its' rates. For most equipment the weekly rate is three times the gaily rate and the monthly ra y; is three times J10 'A rate. 7 LIABILITY. All equipment is for rental purposes only and it is understood that the Lesser er shall not be held responsible for any accident or damage resulting directly or indirectiy from the use of the leased equipment. The Lessor expressly disclaims asli warranties, either exrresed or implied including any implied warranties of merchant ability or fitness for a particular purpose, and neither assumes nor author any other person to assume for it any lk.t..,iii i^ connection v�iith the use of this equipment, T he :_essee echoes Ir;demr if,' ar G hell l' 8 Lesso ;.aweless f omi and against any claims, actions, proceedings, costs, damages property, consequential damages, loss of income or any other incidental damages, ever those damage bt,' the neg:„cnce of the Lessor, incfudina, attorneys' fees, arising cu; i connected with or resulting from the use of the equipment, including but not limited to, the manuf..E.t: ;re, selecticn, d l €ra y, oossession. use operation, or re; €err of equipment. COLLECTION COSTS.: ti Lessee agrees �lo pay all reason collection, alto ney�s and court fees and other expenses involved in the callect on of characs or enfor, emcn of die Lessor s -igi,.ts under this cortr, t. 9. REPL.ACENiIENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepnr for any reason, Lessee agrees o discon -roue its _s r and to nor,`, �,_scr. Lessor will apair or replace the equipment with similar equipment in good working order if available and ;f the defect is the result of nonflal ase. Lessor is no res o singe `o lncidentai. or consequential damages caused by delays or otherwwise, and Lessee heresy ���aives any right or entitlement thereto, 10. DAMAGE WAIVER. A six percent (61 non refundable damage waiver is applied to the cost of all rental equipment. This cost is only minor repairable Barrage, and a 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 defimed as damage that can be repaired for an amount Less than six percent (6% of 'he equipments rental fee. 11. PROTECTION OF EQUIPMENT. It is the responsibility of the Lessee to protect all equipment from damage, exposure to weatner or C her 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 rat its replacement cost when rented; for all types of .heft or mysterious disappearance. Damage Waiver does not cover theft. 13. WEATHER RELATED RISKS. Lessee assumes all weather related risks involved lit holding an outdoor tented event. Lessor will endeavor to .minimize said risk, however, should the tentinc become unusable cue to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Lessor's control, Lessee shah still be liable for payment in full of all charges, 14. DIRTY, OR DAMAGED EQUIPMENT. Lessee agmes 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 darnaged beyond repair will be paid for by Lessee at its Replacement Cost vrhen rented. The cost of ,epa ,s :w,, be !.orris oy the lessee, whether performed by Lessor, or at the Lessor's option by others, 15. LOSS_OR_DAMAGE. Jo -the extent-that-damage to the equipment is not covered by the_foregoing Da :rage� ^laiver provision. tfie_Lessee_adsurrles- all-risk of loss oL of damage c the ,eased egi,ipment from any cause. No loss of or damage to the equipment shall impair any obligation of the Lessee cinder f its Rental Agreement. including the repayment of rental fees. Lessor shall have the option of repairing or replacing the equipment, and Lessee shad be responsible for such costs. 16. PAYMENT TERMS. We require a valid Visa, Mastercard, American Express or Discover care numbei 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.* }f 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. 17 CANCELLATION. A party making a reservadon, will be subject to a 25% cancellation fee if the entire reservation is cancelled °hiihir thirty 20) days of the even:. This policy applies to all panie including those who have pre arranged accounts at Party Time Rental. Cancellation of inflatable and special seasonal equipment will be subject's a 100% fee. 18. DELIVER AND PICK -UP Delivery is made to closest point truck can park, Extra charges gill result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service, does rlct include, set up and knock down of tables and chairs. if this service is required, arrangements should be made several days prior to deliver with a special cfEaige quoted. ?f no arrangements are made and t", service is desired or delivery, our driver must call for authorization, If time permits, we will try to accommodate you after quoting the price On pick up ,:here no prior ,r ei a is have boon made and equipment not knocked down and assembled in one shelter�ec area. tables and chairs will be elf; until the r:ext day `k�uhen u spec al can be scf et, 1 .i i here to i be are add 'Zona one day rer`ta,, A k ^oCk 'o,v`r fee 4viII 'eS!,E if equipment ent Is still p. 19. PREPARATION OF SITE, Lessee agrees to h=oe the site upon which the equipment is to be erected, tree and clear of all obstacles, n atural and man r is e, p 'or io fi°e ar .ra' cf the Lessor's work crew. Lessee further agrees to have all tents clearedlor removal prior to our arrival. A:; non leased equipment and decaratio:r shall be cleared and taken from s ;e. H f Lessee fails to do so, then Lessee shall pay al! casts involved for any delay, additional rental, and all costs including collection and local expense. 20. UNDERGROUND FACILITIES. Lessee agrees to have all underground Facilities, in the vicinity of•tho Equipment installation clearly marked prior to the arrival of Lessor's work crews. Lessee assumes fu,.' responsibility for damage to all Underground Facilities. To identify Underground Facilities. Lessee must call one =vveelk prior tc Installation. CALL BEFORE YOU DIG 800 -382 -5544 21. SET- UPfTEAR DOWN. Set up and/or tear down of equipment is also available, Party Time Rental ,.-ill be happy to quote a charge to the customer based on the rental liern to be set- upl:orn ccwn...Any .eq uiprr=ent not previous 'y scredfuled to be set-up or torn cown will be assessed .ncimn�at set-upltear drain charges plus I minimum 850 fee. 22. IDENTIFICATION. When picking up rental squipme �t at our location, we require a valid Indiana State Driver's License. For insurance purposes, we are r> <uired to pholoccnv ;lee Lesaee's license, 23. EQUIPMENT USE. Upon picking up or accepting delivery of equipment, learn to ;use the Item s 'No do our best to .rstrisct each cuss rn,r on how, to s afeiv use the Should: are item not work properly, please contact the Lessor as soon as you have discovered the problem. %Ne will either provide further instructian or we w 1 reoiace .he tern. Aisc, ;,eon picking up or accepting delivery of equipment, be sure that you have receives all of the items that you reservers, Provided that the ite is are not correct or acceptable. we must be advised immediately in order to remedy the situation. The L.essee shall. use the equipment in a.careful and proper manner. 24. LIQUIDATED DAMAGES. In the even' that the Lessor fails toldia ver any equipment, or is unable to remedy problems with the delivered equipment. the Lessor's sole respensi il�f shall be to refund to the Lessee the rental fee for the particular equipment. 25. SEVERABILITY. If any provision of 'his Renal Agreement is £geld invalid by a court of competent jurisdiction, it shall be considered deleted from this Rental Agreement, ou: sou „h invalidity ,hag not affect .he other provisions t a, can be given e`fd ,t 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 succcessfui party, In add Lion to ail o'hra, su ms that either party maybe called upon to pay, a reasonable sure for the successful par v's �t'orneys fees. `27 LINENS, Table linens are inspected prior to pick up and upon return, DO NOT ROLL UP OR PLAC VVET.LINENS 1N .ANY BAG mildew zw- r result. If there is obvioas damage such as m;:o w, excessive stains, burns or tears. you Twill be charged th cost of the liner, and keep same as ihough it were a.sa!e: Return all linens dry{ and free of ^waste. 28. COOKING UNDER TENTS. Lessee agrees not to do any tvpe'of cooking under or within a reasonable distance of the tent, Lessee assumes full responsibility and costs incurred far sumo ce Cr cleaning expense totenttcps due to cookin(I processes under or near tents. P 1212 South Rangellne Rd. RENTALAGREEMENT The below equipment has been received by the undersigned for rental purposes only, and it t understood that Inc. d Party Time Rental Carmel, I N 46032 "Lessor shall not be held responsible for any accident or damage resulting directly or indirectly from the use of the he le leased equipment. equipment. The lessor expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, (317) 844 78 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 indemnify and hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, ti 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.com or return of the equipment X 81110/RENiID t Y DELIVER TO r ,INUOICE'NO CITY OF CARMEL- TREASURER OFCE CARMEL FIREHOUSE Res# 123884 1 CIVIC SQUARE 1 CIVIC SQUARE Con# 1670+95 CARMEL IN 46032 CARMEL 46032 AR -97 W (317) 571 -2495 11/10/09 11 :33 AM AW F 3717) 844 3498 PD# t)RUERE084 y 4 UB VETERANS DAY MELANIE RETURNED 11110+/09 3 :00 PM KM ***FINAL Charge far 1.00 Day(s) Page: 1 z qty I fw m Rental Text BILLING DEL: DROP OFF BY BAM 11/10 PU: AT 2PM ON 11/10 *NO SET UP /TEAR DOWN DIRECTIONS: TAKE RANGELINE TO CIVIC SQUARE FOLLOW UNTIL YOU CAN T/R INTO THE BACK OF THE FIRE DEPT. HEADQUARTERS MELANIE WILL MEET YOU THERE! MELANIE'S 460.3498 NOTE: BUNTINGS MUST MATCH EACH OTHER 6 6405 -0000 RISER 16" 4X8 30.00 90.00 270.00 180'.00 180.00 DO NOT USE IN RAIN i' SNOW OR STRONG WIND 3 5605 -0000 SKIRTING RISER WHITE 16"X8' 9.60 28.80 86.40 28.80 28.80 PLEASE DO NOT STORE LINENS IN PLASTIC BAGS PLEASE RETURN CLIPS REPLACEMENT FEE: $1.50 EA PLEASE RETURN HANGERS REPLACEMENT FEE: $5 EACH 2 6407 -0000 RISER STEP 2 STEP FOR 16" 0.00 0.00 DO NOT USE IN RAIN SNOW OR STRONG WIND 24 5866 -0000 RISER CLIPS FOR 8' 0.04' 0.00 6 M151 -0000 *BACKDROP RED 12 FT 40.00 120.00 360.00 240.00 .240.00 12 M032 -0000 *UPRIGHT 9'-16' 0.00+ 0.00 12 M031 -0000 *BASE EXTRA LARGE 0.00 0.00 6 M003 -0000 *CROSSBARS G'- 10'ADJUSTALE 0.00 0.00 24 M039 -0000 *DRAPE RED 12 FT 0.00 0.00 2 5899 -0000 EXHIBIT BUNTING RD /WH /BL /NYLO10.00 30.00 90.00 20.00 20.00 HANGER REPLACEMENT FEE: $1.00 EACH QUOTE FINAL BILLING -10 a� U U a N I.- Z EMERGENCY #(317) 252 -3832 UNDERGROUND (800) 382 -5544 I HEREBY AUTHORIZE THE LESSOR TO MAKE APPROPRIATE CHARGES TO MY CREDIT CARD. YES INITIALS 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 BY 2 YEARS IN PRISON PLUS UP TO A $10,000 FINE. EQUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE. I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE 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 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 X Terms and Conditions :3 1. INSPECTION. Lessee a knovi!edges t ^at he has had an oppoitu .v .0 persona m pace tie oqui» r ;.and in.,s i suitable for his neeas and in good con(; i cn, Lessee vridar to its proper (use. Lessee further acknowlecigcs lessee rosponsibilityt to it.ispeL t tric do €pi lent prior to Its use and to noti Lessor of any defects', r 2.TIDE OF RETURN. Losses rignt of possession °erminates on thf, expiration of trip r nm period and retention of possession after this time constitutes a rra?criai breach :)f Las gee'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 wring Lessor's regular bus ne w hours in the ccnc,tion and repU;r rns vvhen defiverea to Lessee, subject only to reasonable t rear and tear. Lessee shall be liable fo all damages to or loss of the Equipment occurring because it was not reti -r icd within L£r so. `s egular business hours. If Lessor ias agreed to de ever the Equsprnent to Lessee or to pick up the Equiornent from Lessee. Le ssee shall be ra u risio :e for a. asses or camare to t °ae Equipment from :true of delivery in Lessee and until pic,kea up by Lessor. 4. PARTIES, As used in this Rental Agreement, the terms "Lesso r" a ,c' ve" shall rn£,an RTR, 'r o /b/a Party Time Rental. The terms "Lesser;" and "youu"i shall r "an fine party exe l_luurtg this Rer;t,t Ac.reerrent as such on the face hereof. 5. HOLD HARMLESS AGREEMENT. ENT. Lessee shall defend, indemnify and hold harmless Lesser its employees, agents and subsidiaries, from and against all claims, I! r_ies, diners, damages to property or otherwise, and expenses, o' every character vJ)atsoever, resulting from the actions negligent or other�risE, of Lessee, Lessee's employees and c gent of Lessee or Les�Ee subCOntracfor. The IrldemnitiES IriCIU led !n tl' S EX obit sl,all €nci.ude rodeo able attGrnEy`S toss pain by LESSgr in d efending nett and a ctions I "`.joi4' 7 ll .b ob'E'EG he ndemnificralon provision in this paragraph. 6.TIDE, All equipment re.,ta' charges are for time out NOT T14E USED, Most prices quoted are for a orle day (24 hours If e ipr, e t is needed for rr !onger ;ir, 3e period. tx,e also "`a e ..e iu r days; andmonthly ,;28 dal l rates. For most equipment the v ;ekl 'ate is three times the daily rate a:.d the monthl rare, is three times the .meekly rate, Z LIABILITY' A'i equipmer, is for rental purposes only, and .t is i., �derstocd that the Lessor shall not be held responsible fbr any aceidel,t or damage resulting directly or indirectiy'rom I use of the leased equipment. The Lessor expressly disclaims all warranties, either expressed or implied including any irnplied warranties of merchantability or fitness for a par';lcu!ar purpose. wllo neither assumes nor a. °hor'Zes any ether person to assume for it any liability in connection With the use of this equipment. Th Lessee agrees ;e inaemr `y aria holy: t'1e Lesso "n_naiess fcort! and rt,airrst any claims, actions, proceedings, costs, damages to property, consequential damages loss of income or any other incicental damages, ever those darnaces j- by the neg ,sense o` the Lessor,'Includir..c attorneys' fees, arising out of, connected i h or resulting from the use of the ecluiprrrent, inclucing but not iirnitEd to, 1he rranuf F, Sri ct'son, dwlr�r° possession,, trio operation, or return of the equipment. 8. COLLECTION COSTS. Th=e Lessee agrees to pays ail reasonable collection attorney's and court fees and other expenses involved in the collection of charges or enforcemont of she Lessor':, rif7fits ,ender this contract. 9, REPLACENIFNT OF MALFUNCTIONING EQUIPMENT, If the equipment becomes unsafe or in disrepal' for any reason, Lessee agrees Is, discor.inue ltr ,�..c and oii` lessor Lesso- repair or replace the equipment With similar equipment in good working order if available, and I f the defect is the result of nonnal use. Lessor is not responsible for ncidemal or consequential damages caused by delays or otner;tvise, 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 carnage waiver does not cover darnage caused by misuse, abuse nor does it cover #haft. IMinor damage is defined as damage that can be repaired for an amount less than six percent (6 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 issut; 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 sat its replacement cost when rented for all types of theft.or mysterious disappearance. Damage Waiver Coos not cover theft. 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 rlocorne unusable dvie to high wind, snow, rain, flooding, extreme cold or heat, or any other facto; beyond Lessor's control, Lessee shall still be liable for payntEnt 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, ,rr ltd equipment is ot possession of Lessor. Lessee also agrees to pay a reasonable cleaning charge for ail equipment returned dirty. Accrued rental charges c ^n, o: Lie applied a`pin.s the pt. base y r _d.'st Of repair or damaged goods. Rental Equipment damaged beyond repair will be paid for by Lessee at its Replacement Costvi rented. The cost of repairs will be bon e oy the Lessee, .thether performed by Lessor, or at the Lessor's option by others. 15. LOSS OR DAMAGE. To the extent that oamageto the Equipment is not covered by the foregoing_Darnage lAtaiver provi&on, the Lessee assumes all risk of loss or of da:rage :o the eased cuuipinent from any .ruse. No loss of or damage to the equipment shall impair any obligation: of tl�le Lessee under this Rental Agreement, inc;uding the roapaymert of rental fees. Lessor shad have the option of repairing or replacing the equipment, and Lessee shall be responsible for such costs. 16. PAYMENT TERMS. tr =e require a valid Visa, MasterCard, American Express or Discover care rumbeY to make a reservation unless the party renting the equipment has a pre arranced account at Party Time Rental. The credit card number twill secure the reservation until the date of the event. If a credit card is not presented at pick -up, then a cash secarlty deposit equal to the replacement cost of the equipment is required in addition to the rental fee. 17. CANCELLATION. A patty rriakinw, a reservation will be subject to a 25% cancEilafion fee it the Entire reservation is cancelled within :hint (30) days of the event, This policy ap rii£s to all partrvs, ind ucling those x; io have pre arranged accounts a: Party Time Rental. Cancellation of inflatable and special seasonal equipm? en will be subject lo a 100 fee. 18, DELIVER AND PICK -UP. DeiivEry is made to closest point truck can park. Extra charges will result in deliveries to uupstairs, elevator use or any point where extra time is inve;3ved. Our service e does not irinda 'set up and knock down of tables and chairs. If this service is required, arrangements should :,e made several days prior to delivery with a specie (,barge g::oted It no arrangements are mace and th service fs.desired on delivery, our driver must call for authorization. If tame permits we will try to accommodate ,tot! tatter quoting the crier On pin. tip ,where ro prior ngements have been m ice and equipment is not knocked down and assembled in one sheltered area, tables and chairs will be left until the r'.ex* pray w'nen a Spec a, '.'`v can oe s chedule C. Ther e w ,l be an aCrOl ion al ,tie day ntaL A knock dov "rn fee will res r, if equipment is ``.i!..'p, 19. PREPARATION OF SITE, Lessee agree t have the site �,p which the Equipment is to be erected, tree and c °Ear d,f all obstacles, ^aforel and nian ,�.e, prior :c t e ar- M,rri the lessor's o ;ork crew. Lessee further agrees in have all ter'fs cleared for removal prior to our arrival. A': non '.eased equ pmer ;t and deco ralions s' �a_ll be cleared and taken trgrr` :i Lessee fails to do so,'then Lessee shall pav all costs involved for any delay, additional rental, and ail costs including collection and legal expense. '20. UNDERGROUND FACILITIES. Lessee agrees to have all Unclergroltnd Facilities, in the vicinity of the Equipment installation, clearly marked prior to the arrival of Lessor's work crews, Lessee assumes foil responsibility for damage to all Underground Facilities. To identify Underground Facilities. Lessee must cal! one .reek prior to installation. CALL BEFORE YOU DICE 860382.5544 21. SET-UP/TEAR DOWN. S et up and/or tear down of Equpmera is also available. Party Time REntatv;ill be happy to quote a charge to the customer based on the rental item =c. be set- ua,`.orn w,vr.. Any eauiprren not previously scheduled to be set -ap or torn down Will be assessed normal se' -up /tear down charges plus a minimum S50 fee. 22. IDENTIFICATION. When picking up rent l equipment at cur locaticn, we require a. valid Indiana Sta!a Driver's License. For insurance purposes, we are required to photocou, rite Lessees license. 23. EQUIPMENT USE. Upon picking up or Foce Tng deliverer of equiuine`;t, learn to us( the tem(sj. 'rile no cur best t o instruct each on _how* to sadely use th off: :rf, e,�t. Should an item not }.pork properly, please contact the Lessor as soon as you have discovered the problem. Vote will either provide turther in ,truc:ion or we Aitl ref) ace .he ite!n. .i upon picking up or accepting deliver of equipment, be sure `hat you have received all of the items that you reserved. Provided that the ;tuns are not correct or acceptable. W must be advised imr?rediately in order to remedy the situation. The Lessee, shall, use #hE equipment in a careful and prover manner; 24. LIQUIDATED [}ADAGES. In the E.Ent that the Lessor `ails to gE�Pver any e iuipme;rt, or is unable to re r Edy problems with the delivered equipment. the Lessor's sole reason Ipilit, 'shall be to refund to the Lessee the rental fee for the particular equiprinent. 25. SEVE ABILITY. if any provision of .his Rental Agreement is ;leld inval a by a court of competent „nsdiction, it shall be considered deieted from this Rental .Agreement, but such mfa6aity shall not affect the tattler provisions t a war, be given effect in the absence of the invalid provisions. 26. ATTORNEY'S FEES. In th e event that either Itany files an action in relation to this Rental Agreement, the Unsiccessful pa y in the action shat! pay to the sriccfsssf "i party. in add hen t o all o hp-r slims that either parr may be called upon tfl,p y a reasonable sum for the Successful par=e attorneys' fees. 27. LINENS. Table.linens, ei e.inupectec prier to pick up and. upon re urn. DO.NOT.ROLL,UP OR PLACE LINENS IN ANY BAG mildevii v'_i result. if ti ere is obvious damage slwlch a- modes, excessive Stains, burns or tears.,vou,will be charged the cost of the linen and keep same as though it were a sate, Return all linens ry 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 responsib, ir° and costs incur,e I `or C n tt,dr c e''ipense to tent tops. due to cdokinQ_pri esses uncle-,cf near tents. 1212 South Rangellne Rd. RENTALAGREEMENT P ff The below equipment has been received by the undersigned for rental purposes only, and it t understood that Inc. d Party Time Rental Carmel, I N 46032 "Lessor shall not be held responsible for any accident or damage resulting directly or indirectl ly from the use of the the l leased equi equipment. The lessor expressly disclaims all warranties, either expressed or implied including any implied warranties of merchantability or fitness for a particular purpose, (3 17) 1 7) 844 °5 q 1 78 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 indemnify and hold the Lessor harmless from and against any claims, actions, proceedings, costs, damages to property, consequential damages, r 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 use operation, www.pl rinc.com or return of the equipment. X BIEI TV/flENT TV, z,':j OELIUER TU„ y INVOICE NU CITY OF CARMEL— TREASURER OFCE CARREL FIREHOUSE Res# 123884 1 CIVIC SQUARE 1 CIVIC SQUARE Con# 1.67095 CARMEL IN 460, CARMEL 46032 A TIME, AR -97 W (317) 571 -2455 11 11-33 AM AW F (317) 844 -3498 z. UB VETERANS DAY MELANIE RETURNED 11/10/09 3.00 PM KM ***FINAL*** Charge for 1.00 Days) Page e 2 tv I em ay Lek PLEASE DO NOT STORE LINENS IN PLASTIC BAGS 300 .8302 -0000 CHAIR BLACK SAMSONITE 0.75 2.25 6.75 225.00 225.00 1 46033 CARMEL PI D 60.00 60.00 Payments V Z Call 252°3832 b efore after QUOTE FINAL BILLING' Q° hours for equipment problems. W Customer responsible for ALL N z DAMAGED MISSING equipment Rent 693.80 Sales F0.00 EMERGENCY #(317) 252-3832 UNDERGROUND (800) 382 -5544 Other 0.00 I HEREBY AUTHORIZETHE LESSOR TO MAKE APPROPRIATE CHARGESTO MY CREDIT CARD. Dm g Waiver 41.63 YES INITIALS SME Tax 0. FAILURE TO RETURN PROPERTY (LEASED) TO LESSOR WITHIN 72 HOURS AFTER AGREED TIME CONSTITUTES PRIMA FACIE Sa Ta i( 0. EVIDENCE OF UNAUTHORIZED CONTROL OVER SAID PROPERTY WHICH CAN CONSTITUTES THEFT. THEFT IS PUNISHABLE BY 2 YEARS IN PRISON PLUS UP TO A $10,000 FINE. EQUIPMENT RENTED ON THIS CONTRACT IS NOT FOR SALE. Deposit 0. I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE 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 795.43 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 MT BILLED 795.43 EQUIPMENT RETURNED BY j /171Q 1TI Terms arld Conditions I 1. INSPECTION, Lessee ar,k; oiwedges that he has had an Upportu i4:o persona v the e:,uipr er;l and ,inns it suitable for his n@eos and in good concilioa. .i proper use. Lessee further acknritiwisdoes Lat7see rsaponsif;ility to inspect :e erg t prior tc its .,e and to notify Lessor of amr detects. 2.TIME OF RETURN. Lessee nigh: of possession terminates on the expiration of file period and retention of possession after this time constitutes a materi-al bread. av s obligations under this contract. Time is of the essence in this agreement. Any exterision roust, at Lessor's election be mutually agreed upon in writing, 3. RETURN OF EQUIPMENT At -he termination of this agreement, Lessee shatl roturn all the equipment to L.essor's premises during Lessor's regular business hours. in the coc,'Eion and repair as viihen delivered to Lessee, subject only to reasonable `awear and tear. Lessee shall be liable-for all damages to or loss of the Equiprrient oc„urring pecause it was not rei- :ned 'within Lessor's regular business hours. If Lessor has agreed to delver the Equipment to Lessee or tc plc t up the Equipi"nent froth Lessee. Lessee s; ;�Il be Ye Jvzl 'ble r a:E cs vs..�r darnaae to the Equipment front time of delivery to Lessee and until oicked up ov Less ^r. 4. PARTIES. As, used n this Rental Agreement. the terms "Lasso acid ^Ye° shall near PTI R, Inc. ci k'b a fart, Time Renta .,1 rc i -rms "Lease ;nit 'ko i s`ral( r reign the party executi€ g this Rental Ao eement as such on the face hereof. 5. HOLD HARMLESS AGREEMENT. Lessee shall defend. indemnif and hold harmless Lessor its en loyees, agents and subsidiaries, fmm and against all cif inls, liabi i'ies, asses, damages W property ar cthervdse, and expenses, of every cfiaract r w,hatscever, g front the actions, neciicent or otherwise, of Lessee, Lessee's employees ,lrc agent of eve O r Lessee subcontractor. T he indemnities included in this exhibit :s= ":all include real, 'able t: Cr >e' s tees paid ',?V Lessor i I iefencing SU ;t and a ctionsinvolVng [i ni!i;u coveted e ^dart hifict t c'n provision in t n`:s paragraph. 6.TIME. l equipment rent, changes are for ti l~e out, NOT TIME t> EJ. Most pri _s ,luo:t ;ta are to a on day 24 hours; charge I` er_ iprn- nt is needed for a -anger limie also, ha o t J days W I It?dn'hly f28 d avS, rates. Far most equipment the to ek�sFl, ,'ate Is three iC l ,s the oailty rate rd the nil nt tl rte e is three t imes the ,eek y rat 7 LIABILITY A equipme t is for rental purpose only anti it is understood that tt c shall riot be held responsible for env accident or car age resulting diredly' or €nd; st,tty `nom the use of <he leased equipment. The Lessoi cxpiessly disclaims a%, ether expressed or implied including an Ilplied warranties of merchantability or fitness for a particular Purpose, a ,d neither ass i le, nor a :homes ar "y other person to assume for it ar li .bill;,' in connection with the use of t! G equipment. T o Lessee agrees 'e i€,cemr !,r a 6 hold the Lesso" harmless from ::d an �i.1s a,.} claims, P $sans, proceedings. casts, dalTaGeS propeirty. coinseqUential damages, (J:,S of 1'iCcmE or anif Ostler inu!Ge11t£gl sari does. even those camaaes, caused by then q! I, d° the e SOr, including a i €item; fees, ans'ng Of. connect 'drill a" resulting tr0€ the use Qt [h0 su gLllp Ttent< fnCIUG J D nJt ':n1 €tee t4: t he selection. doll po"S's SSIvt'.< kise clera' ion, Or re ;,fir; cf the equipment, 8, COLLECTION ION COSTS.. fit #.c -s agrees t.a pay a': reason,, :lie .,oliec=lor allow;., s anal cou„ revs and other expenses involved in the collection of charcics or enforcemelit of me Lessor', rigrils under this t,:,ntr dull. 9. REPLAN„ ETMENT OF MALFUNCTIONING EQUIPMENT. if 0,e equipment bear lies unsafe or in die c pair for any real Lessee acrae oisca €r is <'io a€lri In n ',f Lessor vvill repair or replace the equipment w similar equipment in goad working order if available, and If the defer:. is he result of no E n al use, Lessor is !lot responsible fo �ncidel or consequential damages caused by delays or otherwise, and Lessee henry waives any right or entitlement thereto. 10. DAMAGE WAIVER. A six percent (6 doll- refundable damage waiver is applied to the cost of all ne fiat equipment. This cost is only minor repairable damage, and is not t o be construct! a> insurance. The ramage 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 o) of the equipment's rental fee. 11. PRQTECTION OF EQUIPMENT. It is the responsibi€lit, of'he Lessee to protect all equipment from damage, exposure to weather, or other damage that Gears from issue of equipment. The Lessee MUST protect the equipmet Lint'! it is returned or until the agreed &K-up fine and date. 12.THEFT OF EQUiPMENT, Tile Lessee agrees to pay for equiprriont jat its replacement cast when rented; `or all types of :heft or mysterious disappearance. Dairage 1 4 1 aiver does net coverthep. 13. WEATHER RELATED RISKS. Lessee assumes al 'Y eather ;elated risks involved in holding an oiatdocr tented event. lessor will endeavor to minimize said risk, ho'Y,eve shojid the tenti"lr become unusable {,:vie to high .nand, snow„ rain 1, f looding, extreme cold or r or any other factor beyond Lessor's control. Lessee ha E slit' bs l;aE 1s for pa'ime "t', in lull °f all charges. 14. DIRTY OR DAMAGED EQUIPMENT Lessee agrees to pay for any damage to e+ tee equipment reylarCIOSS of cause except reasonabl r;s Gar anc tezir, 1,w e o0u;pmen! Es pnssessiar of Lessor. Lessen also agrees to pay a Ye sonable clea sing charge for all equipment returned, dirty'. Accrued rental charges car sang be applied aca,€ st sits pt ;3SC 0” t gf repair c'r c;amaged gcods, Rental Equjpmer t damaged beyond repair will be paid for by Lessee at r Replacement Cos" when rented. The cos, cf rep- oe bon ^p by the Le ssee. hetrer perforriea by Lessor, or at the Lessor s option by others. 15. LOSS OR DAMAGE.- To e extent ;that damage -to tie equipment is rig$- covered 'ihe- foregoing- Damage VJafver provision, the Lessee assumes all risk of lass or of damage a the eased e,ulpment from ary cause. No loss ol.o` darnage to the equipment shall impair any obligation of the Lessee under this Rental Agreerrtent, including the repayment of rental fees. Lessor shall have he option of repairing or replacing the equipment, and Lessee shall be responsible for such costs. 16. PAYMENT TERMS. We require a vaiia it sa MasterCard, Arlcr'can express or Discover Cara riurnber to make a reservation unless the ratty ranting the equipment bras pre arra account at Party Time Rental. The credi" card number w ill secure the reservation until the elate of the event. is 6 credit card is net presented at pick -up deer a casts secw, ry deposit equal to the replacement cost of the equipment is required Ill addition to the mental fee. 17 CANCELLATION. A party niak ng a reservation will be subject o a 25 °.s cancellation fee if the entire reservation is cancei'ed within thirty (30 days of the evert' This policat applies to ail parries, 3rnc(adinq ;hose w have pre- arranged accounts at Party Time Rental. Cancellation of inflatable and special seasonal equipmen wily be subject a 100% fee. 18. DELIVER AND PICK -UP tDelivery is made to closest point truck can park. Extra charges will result -n deliveries to upsrairs, elevator use or any point whole extra time is in'Nuhred. Our s;e zzicc .goes riot include set- Uo and knock down of tables any! chairs. if this service is required, arrangements should oc made several days prior to delivery with a special charge cooled f no arrangements are made arid ^,s service is desired.; i de :very, our driver must call for at hchzation. if time perm mss, we will t ~y- to accommodate you after quoting the p "ice. On pick up'o,'horre no prior a; .shoe men's have coon !enlace and equ s ame :t is net khocleied gown and assem led in one sheltered area, tables and chairs wilt be le;:lentil the next dal"vvinen a Speatil cre,.v .,a €l be scfi eduU, l, ,C, t vii r b .i ail r :agi ,a' Gr) e a rarl A xI "eck i'n lee nail± rE s if ec ipment is ?li 19. PREPARATION OF SITE,. Lessee agrees to have the site upo, l i `ch the equipment is to be erected free a.nd clear of all obstacles, na'u al and marl r is ce yr to the a° „r the Lessor `s nrk crew. Lessee "_Ir rier agrees to have all ?erns {,least: liar refimova! prior' 'to our arrival. A non eased equipment lent and decorat o s shall be clewed arid taken from si.e, f Lessee fails to do so. theY1 Lessee snail pay air costs involved for any delay, additional rental, and all costs including collection and legal expense. 20. UNDERGROUND FACILITIES. Lessee agrees to have all u ;d:;rground Fa„ flit €,s. in the vicinity= oft the Equipmient installation, clearly rrarftea prior to the and -vai of Lessors ''York crevRrs Lessee assn€ yes ft;:l respo ^sibi;.ty for dLa rage to ail Under° rorand Fae fries. To ide tfv Undern ~oi ;nd Facl'i'ies. Lessee must call o ^e ~deck p °Eon c inslaliat:on. CALL BEFORE YOU DIG 860-382 -5544 SET-UP/TEAR DOWN. Set up and/or fear down of equip€ o rt Js also available. Party Time Ren'ai'� gill be happy to quote a charge to the customer based on the ren itsin to be set -upr" "torn down. Any equiptrerit not previous sc edulec to Do s et-up or torn. ae;v' 4R'ill be assessed normal set-up/tear down charges p'.:s a F ntnimLim, �w6 f w. .22. IDENTIFICATION. When ,,irking up rental r suiprnen' a' our lo�.ation, .eve recuire a'valic Indiana S. auto Drlver's License. For insL; a =rice purposes, we are ier;tiired to phofoopiv lie Lessees license. 23. EQUIPMENT USE. Upon picking up or acre 1 g delivery of e:ft omert, learn to list ;he tom ;s�. Ale co our best to lns "Yuc- each eta o ._;r or hoiv to safely i'se the 1niiiprre °i Shoutq an iiern not work properly, please contact the Lessor as soon as you have a,s�n.ered the prohlern, We will eithe provide turiho r insl uotior or vive will replace t he Also upon picking up or accepting delivery of equipment, be sure that ybu have received all of 'he 'stems that you reserved, ProvideO that the items are not correct or acceptable. we. must be advised immediately in order to remedy 'he 'sifttat :on. The Lessee shall use the equipment in a careful and proper manner. 24, LIQUIDATED DAMAGES. In tine event That ills Lessor fads to delver any equip ie t, or is unable to remedy problems with t le delivered equipment. the Lessor's sole responsibility shall be to refund to the Lessee the rental fee far the particular equipment. 25. SEVERABILITY If any provision of this Rental Agreement is field invalid by a of competent jurisdiction, shall be considered deleted from this Rental Agreement. but such nvalidity shat not affect the other provisions that can be caiven effect in the absence of the Invalid provisions. 26.ATTORNEY'S FEES, m the event that either p arty files an a ction in relation to this Rental Agreement; the Unsuccessful party in the action shall pay to the successful pa€ ty. n add,' to all other sums that either party may be called upon to pay a reasonable sum for the successtul party's attorneys' fees 27. LfftEN ..TablA.Iine s are inspectec prior tp pick up a and upon return, �O jv.OT.ROLL „UP OR ?LACE WET LINENS IN ANY BAG mildewvvilf result. if there is obvious dam=age sr ch as mi cew, excessive stains, burns or tears, you swill be charged the ;cost of the'tinen'and keep same as though it v. ere a'sa'e. Return all linen ,y end free of waste. 28: QOOt{tNtUNDERi ENTS: Lessee ,oi- to'do any Y tps of :cooking under or a"ifhin. a reasonably distance of the,tsnt. Lasses assumed full responsibility acrd costs incurred for aarlade �nc?'or c carting expense to'te.n :.t trip; due to c o6k ^cg ii ro cesses,unde%cr Lear tents.. Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL 12/7/09 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 P arty Time Rental Purchase Order No. 1 212 S. Rangeline Rd. Terms C armel IN 46032 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 11/20/09 123905 Rentals for Holiday on the Square $457.80 11/10/09 123884 Rentals for Veterans Day Ceremony 795.43 Total 1 253.23 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 VOUCHER NO. WARRANT NO. 1 /7/09 ALLOWED 20 Time Rental IN SUM OF 1212 S. Rangeline Rd. Carmel IN 46032 1,253.23 ON ACCOUNT OF APPROPRIATION FOR 1160 Mayor Festival Community Events 4359003 Board Members PO# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 13184 123905 4359003 $457.8a bill(s) is (are) true and correct and that the 13184 123884 4359003 $795.43 materials or services itemized thereon for which charge is made were ordered and received except 1 0 1 7 20 O� Signature Cost distribution ledger classification if Title claim paid motor vehicle highway fund