A & T TRANSPORT LLC MOTOR VEHICLE USER AGREEMENT
This User Agreement is entered into this [insert date] by and between, A & T TRANSPORT LLC whose
place of business is located at XXX (hereinafter
referred to as “LESSOR”) and XXX LLC whose place of business is
located at XXX (hereinafter referred to as the “Transit
Provider”).
In consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1. AGREEMENT. LESSOR hereby provides to the TRANSIT PROVIDER the following described
motor vehicle with all accessories incorporated there or affixed thereto:
Year: 2015
Make: Freightliner Cascadia
Body: ________________
Model: ________________
Color: ________________
VIN: 3AKJGLD54FSGC6838
License: ________________
Exp: ________________
Odometer: 845,101 Miles
2. TERM. The term of this User Agreement shall be for a period of Fifteen (15) Months
commencing [insert date] and ending [insert date] subject however, to any prior termination as
hereinafter provided.
3. RENT. The TRANSIT PROVIDER agrees to pay $2,000.00 as monthly rent for the leased
unit/vehicle. The said rental amount shall be payable on or before the 5 th day of every month.
4. MAINTENANCE AND REPAIRS. The TRANSIT PROVIDER shall pay for and furnish all
maintenance and repairs to keep vehicle in good working order and condition. At the expiration
or termination of this Lease, the vehicle and all safety equipment in the vehicles will be returned
to LESSOR in good condition, reasonable wear and tear excepted.
Any new transit vehicle leased to the TRANSIT PROVIDER may be equipped with; firstaid kit,
fire extinguisher, visual warning devices, bio-hazard kit, spare tire and wheel and may also be
equipped with; wheelchair securements, occupant restraints, two-way radio equipment. It is the
responsibility of the TRANSIT PROVIDER to replace these items as necessary throughout the
period of the User Agreement. Upon termination of the agreement all of the said items will be in
proper working condition.
5. REGISTRATION, LICENSE, TAXES, INSPECTION, FEES, EXPENSES. The TRANSIT
PROVIDER shall pay all expenses incurred in the use and operation of the Vehicles, including
but not limited to, license, registration, and title fees, gasoline, oil, antifreeze, repairs,
maintenance, tires, storage, fines, inspections, assessments, sales or use taxes, if any, and all
other taxes as may be imposed by law from time to time arising from TRANSIT PROVIDER’S
use and operation of the Vehicles. The TRANSIT PROVIDER will reimburse and hold LESSOR
harmless for any and all amounts LESSOR may pay in satisfaction, release or discharge
thereof. The TRANSIT PROVIDER shall permit LESSOR and/or its designees to inspect the
Vehicles at reasonable times, places and intervals. Each motor vehicle listed in Section 1, shall
bear Nevada Transit vehicle license plates and regional transit system signage, prominently
displayed on the right and left side of the vehicle.
6. USE AND OPERATION. The TRANSIT PROVIDER acknowledges receipt of Motor Vehicles,
and that the same is in condition satisfactory to TRANSIT PROVIDER’S purposes. Vehicles
shall not be altered, marked or additional equipment installed without the prior written consent of
LESSOR in which case the TRANSIT PROVIDER will bear the expense thereof as well as the
restoration expenses. The TRANSIT PROVIDER shall keep Vehicles free of all taxes, liens,
and encumbrances and any sum of money that may be paid by LESSOR in release or
discharge thereof, including legal costs, shall be paid on demand by LESSOR. The TRANSIT
PROVIDER shall not use or permit the use of Vehicles in violation of any Federal, State, County
or City laws, ordinances, rules or regulations, or contrary to the provisions of the insurance
policy coverage. The TRANSIT PROVIDER, by acceptance of this User Agreement, agrees to
abide by the terms hereof and to indemnify LESSOR for any losses occurring as a result of such
use in violation of said terms, laws, rules and ordinances.
7. INDEMNIFICATION AND INSURANCE. The TRANSIT PROVIDER agrees and will protect,
indemnify and hold harmless LESSOR and its assignees and agents from and against any and
all losses, damages, injuries, claims, demands and expenses occasioned by, or arising out of,
the condition, maintenance, use or operation of the Vehicles including any accident or other
occurrence causing or inflicting injury and/or damage to any person or property, happening or
done, in, upon, or about the User Agreement Vehicles, or due directly or indirectly to this Lease,
or the condition, maintenance, use or operation of the Vehicles by the TRANSIT PROVIDER or
any person claiming through or under the TRANSIT PROVIDER.
The LESSOR agrees that it will at all times provide at a minimum and re-bill the TRANSIT
PROVIDER the expense to cover the vehicle(s) in the User Agreement:
Liability $1,000,000.00
Uninsured/Underinsured Motorist $1,000,000.00
Comprehensive Full Coverage $1,000.00 Deductible
Collision $1,000.00 Deductible
Medical Payments $1,000.00
Umbrella $4,000,000.00
The TRANSIT PROVIDER agrees that it shall at all times and at its own expense reimburse
LESSOR for the premium and any deductibles.
The TRANSIT PROVIDER shall provide and pay for any other insurance or bond that may be
required by any governmental authority as a condition to, or in connection with, the TRANSIT
PROVIDER’S use of the Vehicles.
In the event Vehicles are involved in an accident, damaged, stolen or destroyed by fire, the
TRANSIT PROVIDER shall promptly notify LESSOR, in writing, within 24 hours and will also
comply with all terms and condition entered in the insurance policies. The TRANSIT
PROVIDER agrees to cooperate with LESSOR, and the insurance companies in defending
against any claims or actions resulting from the TRANSIT PROVIDER’S operation or use of the
Vehicles.
Vehicles shall not be used by any person or entity, in any manner or for any purpose that would
cause any insurance herein specified to be suspended, canceled, or rendered inapplicable.
8. DAMAGE TO VEHICLES. Should Vehicles or any part thereof be so damaged as to preclude
usage for the purpose intended and should the TRANSIT PROVIDER be indemnified therefor
pursuant to any insurance coverage required pursuant to paragraph 7 hereof in an amount not
less than the full amount of the insurance coverage provided by LESSOR, this User Agreement
shall terminate. However, should the TRANSIT PROVIDER be indemnified in an amount less
than the full amount of the insurance coverage provided by LESSOR, the TRANSIT PROVIDER
will repair or replace Vehicles or the damaged part thereof and the proceeds of the insurance
recovery shall be applied to such repair or replacement. Should vehicles or any part thereof be
damaged by any cause for which LESSOR makes no insurance recovery and should Vehicles
or the damaged part thereof be capable of repairs, this User Agreement shall terminate and the
TRANSIT PROVIDER shall immediately pay LESSOR the reasonable value of Vehicles,
regardless of rentals paid or accrued.
9. TITLE. The TRANSIT PROVIDER acknowledges that this is an agreement to use only and that
the TRANSIT PROVIDER does not in any way acquire title to Vehicles, under this agreement.
Without the prior written consent of LESSOR, the TRANSIT PROVIDER agrees not to do any
act to encumber, convert, pledge, sell, assign, rehire, lease, lend, conceal, abandon, give up
possession of, or destroy Vehicles.
10. WARRANTIES AND WAIVER. The TRANSIT PROVIDER uses Vehicles herein described in
"as is" condition and agrees that LESSOR had not made, and does not hereby make any
representation, warranty or covenant expressed or implied with respect to the condition, quality,
durability, capability, or suitability of Vehicles or against any patent or latent defects therein.
The TRANSIT PROVIDER agrees that LESSOR shall not be liable to the TRANSIT PROVIDER
for any liability, claim, loss, damage or expense of any kind or nature caused directly or
indirectly by Vehicles or the inadequacy thereof for any purpose, or for any deficiency or defect
therein, or for the use or maintenance thereof, or for any repairs, servicing, adjustments, or
expenses thereto or for any loss of business or for any damage whatsoever and howsoever
caused.
11. ASSIGNMENT. Without the prior written consent of LESSOR or any assignee of LESSOR, the
TRANSIT PROVIDER agrees not to sublet, mortgage, pledge, sell, assign or otherwise transfer
or dispose of this User Agreement. The TRANSIT PROVIDER acknowledges and understands
that LESSOR may assign this User Agreement and that such assignee shall be entitled to all of
the benefits of this User Agreement in the place of LESSOR. In connection therewith, the
TRANSIT PROVIDER agrees this User Agreement and Vehicles used there under will be
subjected to any rights and interest in and to said Vehicles under any contract LESSOR has
with another regarding title or interests in title; to accept the directions, demands or consents of
such assignee in place of those of LESSOR; to surrender Vehicles only to such assignee; to
pay all rent hereunder as directed by such assignee.
12. DEFAULT. In any of the following default events:
I. failure to pay any rent or sum herein provided when the same are due and payable and
such default continues for a period of ten (10) days after receipt of notice thereof of
TRANSIT PROVIDER;
II. Failure to comply with any terms or conditions hereof;
III. a proceeding in insolvency or receivership by or against the TRANSIT PROVIDER or its
property, or in the event lessee suspends business, makes an assignment for the benefit
of creditors, or if an attachment be levied or tax lien filed against the Vehicle, or
IV. the TRANSIT PROVIDER fails for any reason to comply with the insurance requirements
of the User Agreement, then and in those events, or any of them, LESSOR may, at its
option and without prejudice to any other rights it may have:
a. take possession of Vehicles and for the purpose thereof may enter the premises on
which Vehicles are located and remove them without court order or other process of
law (damages occasioned by such taking being expressly waived by the TRANSIT
PROVIDER), and thereupon the TRANSIT PROVIDER’S right to possession and
use of Vehicles shall terminate;
b. may (but need not) use Vehicles or any portion thereof for such period, rental, and to
such persons or entities as LESSOR shall elect and shall apply the net proceeds of
any such renting in payment of the rent and other obligations due from TRANSIT
PROVIDER to LESSOR hereunder by acceleration or otherwise;
c. may (but need not) sell Vehicles or any part thereof at public or private sale without
demand or notice of intention to sell or of sale and shall apply the net proceeds of
any such disposition against the total obligations owed LESSOR;
d. may deduct all costs and expenses in connection with such retaking, including
insurance, repairs, storage, renting or sale of Vehicles from the proceeds derived
from such renting or sale;
e. terminate TRANSIT PROVIDER’S rights hereunder as to Vehicles;
f. accelerate rents for the lease term as provided in paragraph 2 and 3 hereof and
recover the same and all other damages as herein or by law provided by legal
proceedings.
No right or remedy conferred upon or reserved to LESSOR by this User Agreement shall be
exclusive of any other right or remedy herein or by law provided; all rights and remedies
conferred upon LESSOR by this User Agreement or by law shall be cumulative and in addition
to every other right and remedy to.
If it is necessary to employ the services of an attorney or incur expenses in enforcing this Lease,
the TRANSIT PROVIDER shall pay to LESSOR all such expenses and court costs, in addition
to all sums due LESSOR, including reasonable attorney’s fees.
13. CONSTRUCTION. This User Agreement shall be construed and determined in accordance with
the laws of the State of Iowa. Any provision herein prohibited by law shall be ineffective to the
extent of such prohibition without invalidating the remaining provisions of the User Agreement.
Words and phrases herein, including any acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine, feminine or neuter gender according to the
context.
14. TIME IS OF THE ESSENCE. Time is of the essence of this Lease. However, LESSOR’s failure
at any time to require strict performance by the TRANSIT PROVIDER of any provisions herein
shall not waive or diminish LESSOR’s right to thereafter demand strict compliance therewith or
with other provisions of this User Agreement and written waiver by LESSOR of any default
hereunder shall not constitute a waiver of any other default.
15. ENTIRE AGREEMENT. This User Agreement contains the whole agreement of the parties.
None of the covenants, provisions, terms or conditions of this User Agreement shall be in any
manner modified, waived, abandoned or amended except by a written instrument duly signed by
the parties or their assignee and delivered to LESSOR and the TRANSIT PROVIDER or their
assignee.
16. BINDING. Each and every covenant and agreement herein contained shall extend to and be
binding upon the respective successors, heirs, administrators, executors and assigns of the
parties hereto except as may be modified in paragraph 11 or 18 hereof.
17. NOTICE. Notices as provided for in this User Agreement shall be given to the respective
parties or their assignees at their respective addresses designated herein unless there is
notification of the parties to the other, in writing, of a different address. Such notice shall be
deemed to be given and received when deposited in the United States mail, postage prepaid,
addressed as herein designated.
IN WITNESS WHEREOF, the parties have duly executed this User Agreement on the day and
year first written above.
/s/______________________
XXX, Owner
A & T TRANSPORT LLC
[insert date]
/s/______________________
[insert name of representative]
MARTINEZ AND SON TRUCKING LLC
[insert date]
SWORN before me this _______________ day of ________________ 2022
Notary Public
/s/_____________________________
[insert name of notary public, stamp and sign]
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