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HomeMy WebLinkAbout2020-3027Minnesota Wheelchair Ramps LLC Rental Contract. This rental contract for a wheelchair ramp is between Minnesota Wheelchair Ramp LLC (owner) and the renter: City of Columbia Heights, ramp to be placed at 4555 University Ave NE Columbia Heights, MN 55421. GENERALTERMSOFRENTALCONTRACT 1.Amendments and alterations to this rental agreement shall be in writing and shall be signed by both the owner and renter. 2.Installation/rent of $200 __ ( each time) will be invoiced. Ramp will be installed before August 11 and November 3 2020 and taken down within a few days. Payment for the invoices should be sent to Minnesota Wheelchair Ramps LLC 5025 Turtle Lane W Shoreview, MN 55126 3.Notes: 4.Renter agrees to pay all NSF and other fees if the invoices are not paid. This may include $100 late fees and up to 1.5% interest per month. 5.Right of entry. The owner reserves the right to inspect the ramp at any reasonable time to: a)consult with the renter or property owner; b) make repairs, improvements, and inspections; and c) after termination of the rental agreement to remove the ramp. 6.The ramp shall be located at the above renter's address during the terms of this agreement, and shall not be removed from that address. The replacement value of this ramp if stolen is $950, excluding the installation/rent fee. 7.The owner will install the ramp so that it is in good working order and good condition after installation. Parts of the ramp may be new or used. The owner is responsible for making adjustments and repairs to the ramp. 8.The renter will be responsible for obtaining and paying for a building/inspection permit if the local codes requires one. The owner will assist in this process as needed. 9.The renter shall inspect the ramp frequently and inform the owner as soon as possible if the ramp needs repairs or adjustments. Do not use ramp if unsafe. The owner will make repairs or adjustments in a reasonable amount of time. 10.The renter shall make no alteration to the ramp without prior written consent of the owner. Contract # 2020-3027 11.The renter shall only use the ramp for its intended purpose: wheelchair, scooter, walker or foot traffic. 12.The renter is responsible for keeping the ramp free of snow and ice. The renter shall avoid use of metal shovels or scrapers on the ramp; their use may damage the non-skid surface. Ice melt products (for example: CMA, magnesium chloride) may be used. 13.The renter understands that grass and shrubs may be damaged during installation, use, and removal of the ramp. The placement and removal oframps may cause scratches and other damages to steps, concrete, and other property. 14.The renter will be responsible for risk of loss, theft, damage, or destruction to the ramp from any causes. Additional charges will be added in the event the equipment is damaged or missing any parts, reasonable and normal wear and usage excluded. The replacement value of this ramp is $950. 15.The renter will maintain a general liability insurance policy against claims for bodily injury, including death, property damage or loss arising out of the use of the equipment. 16.The renter will indemnify and hold harmless the owner against any and all claims, actions, suits, proceedings, cost, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the renters use of the ramp except as stated in the arbitration agreement 17.Binding on heirs. The provisions of this lease shall be binding upon the heirs, executors, administrators, and successors of both owner and renter. 18. Arbitration Agreement: Any dispute can probably be solved by contacting Minnesota Wheelchair Ramps LLC at 651-504-2424 or rninnesotawheelchairramps@gmail.com. Please read this Arbitration Agreement carefully. It affects your rights. In the unlikely event we cannot resolve any disputes that you or we may have, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURTS INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND WE AGREE TO WAIVE OUR RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN CLASS ARBITRATIONS AND CLASS ACTIONS. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. It has more limited discovery than in court and is subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award. For the purpose of this arbitration agreement, references to "we" and "us" include Minnesota Wheelchair Ramps LLC and its wholly owned subsidiaries, affiliates, agents, employees, successors and assigns. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive the termination of this rental contract. This Arbitration Agreement is intended to be interpreted broadly, and it includes any dispute: (1) arising out of or relating in any way to this contract or to the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or otherwise; (2) that arose either before this Arbitration Agreement or contract was entered into by you and us or that arises after this Arbitration Agreement or contract is terminated; and (3) that currently is the subject of a purported class action litigation in which you are not a member of a certified class. Notwithstanding the foregoing, this Arbitration Agreement does not preclude you from bringing an individual action in small claims court or from informing any federal, state or local agencies or entities of your dispute. Such agencies or entities may be able to seek relief on your behalf. If you or we intend to seek arbitration you and we must first send to the other a written Notice of Claim ("Notice") by certified mail. Your Notice to Us should be addressed to: Minnesota Wheelchair Ramps LLC, 36436 615th Ave. Gibbon MN 55335. The Notice must describe the dispute and state the specific relief sought. Ifyou and we do not resolve the dispute within thirty (30) days ofreceipt of the Notice, you or we may initiate an arbitration proceeding with the American Arbitration Association ("AAA"). You can obtain the forms necessary to initiate an arbitration proceeding by visiting www.adr.org or by calling 1-800-778-7879. After we receive notice that you have commenced arbitration, we will reimburse you for payment of any filing fee to the AAA. If you are unable to pay a required filing fe e, we will pay it if you send a written request by certified mail to Minnesota Wheelchair Ramps LLC, 36436 615th Ave. Gibbon MN 55335. The arbitration shall be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "Arbitration Rules") in effect at the time the arbitration is initiated and as modified by this Arbitration Agreement. You can obtain a copy of the Arbitration Rules by visiting www.adr.org or by calling 1-800-778-7879. The arbitrator appointed by the AAA to decide the dispute is bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including the scope of this Arbitration Agreement, with the exception that issues relating to the enforceability of this Arbitration Agreement may be decided by a court. Unless you and we agree otherwise, any arbitration hearings will take place in the county of your billing address. If your dispute is for $10,000 or less, you may choose to conduct the arbitration hearings either by submitting documents to the arbitrator or by appearing before the arbitrator in person or by telephone. If your dispute is for more than $10,000, the right to arbitration hearings will be determined by the Arbitration Rules. We will pay all filing, administration and arbitrator fees for any arbitration initiated pursuant to this Arbitration Agreement, unless your dispute is found by the arbitrator to have been frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11 (b ). In that case, the payment of such fees shall be governed by the Arbitration Rules. At the conclusion of the arbitration hearings, the arbitrator shall issue a written decision which includes an explanation of the facts and law upon which the decision is based. If the arbitrator finds in your favor and issues a damages award that is greater than the value of the last settlement offer made by us or ifwe made no settlement offer and the arbitrator awards you any damages, we will: (1) pay you the amount of the damages award or $7,500, whichever is greater; and (2) pay your attorney, if any, twice the amount of the attorney's fees and the actual amount of any expenses reasonably incurred when pursuing your dispute in arbitration. You and we agree not to disclose any settlement offers to the arbitrator until after the arbitrator has issued the written decision. The arbitrator may resolve any disputes regarding attorney's fees and expenses either during the arbitration hearings or, upon request, within 14 days of the arbitrator's written decision. While the right to the attorney's fees and expenses discussed above is in addition to any right you may have under applicable law, neither you nor your attorney may recover duplicate awards of attorney's fees and expenses. Although we may have the right under applicable law to recover attorney's fees and expenses from you ifwe prevail in the arbitration, we hereby waive the right to do so. To the extent either declaratory or injunctive relief is sought in the arbitration, such relief can be awarded only to the extent necessary to provide the relief warranted by a party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless you and we agree otherwise, the arbitrator may not consolidate the dispute of another person with your or our dispute and may not preside over any form of a representative or class proceeding. If this specific provision of this Arbitration Agreement is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void. Wisconsin Residents: THIS AGREEMENT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. We may only cancel this contract before the end of the agreed term on the grounds of nonpayment, a material misrepresentation made by you to us, or a substantial breach of duties by you relating to the product or its use. The Arbitration Agreement provision of this Contract is amended as follows: (1) TO RESOLVE DISPUTES, YOU MAY CHOOSE EITHER BINDING ARBITRATION, PURSUANT TO THE ARBITRATION AGREEMENT PROVISION OF THIS CONTRACT, OR SMALL CLAIMS COURT. BY AGREEING TO THIS CONTRACT, YOU AND WE WAIVE THE RIGHT TO HAVE DISPUTES RESOLVED THROUGH COURTS OF GENERAL JURISDICTION, THE RIGHT TO TRIAL BY JURY, AND TO PARTICPATE IN CLASS ARBITRATIONS AND CLASS ACTIONS.