Commercial Food Truck/Trailer Park Space Lease Agreement
This commercial lease agreement is made and executed by and between Rent Etc. LLC and _______________ (hereafter "Lessee")on this day of ______________. Rent Etc. LLC hereby Leases to Lessee a Food Truck/Trailer space at Siler Road in the City of Franklin, NC, on the Premises, all under and pursuant to the following terms and conditions.• Terms of the Agreement. This agreement shall not become effective until both Parties execute this agreement, and the vendor provides insurance documents pursuant to section 5. The term of this agreement shall be through calendar year 2022. Rent Etc. LLC may terminate this agreement prior to the term ending, with or without cause, and in Rent Etc. LLC’s sole discretion, without any penalty whatsoever. If Rent Etc. LLC terminates this agreement prior to the term ending, Rent Etc. LLC shall prorate by the day the rental fee so that the vendor shall be reimbursed for those hours remaining in said term coming after vendor has completely vacated the premises.• Rental Fee. (See rental fee rate schedule attached.) Initial rent shall be paid prior to setting up the truck/trailer at the signing of the lease, the first week/month payable at time of signing and thereafter on or before the 1st of each subsequent week/month. If payment is made after the 5th of the week/month, a $50 late fee will apply. A fee of $50 will be assessed for all checks returned due to insufficient funds or for any other reason and will be immediately due from Lessee to Rent Etc. LLC. Rental fees are subject to change at the discretion of Rent Etc. LLC and are as published at the time of scheduling. As part of the rental fee, Rent Etc. LLC will make available: electric utility connection, access to city sewer and city water and employee parking in the rented space. Each food truck/trailer will be charged for it's electric usage according to the Duke Energy rates. Water and sewer are included in the rental fees.• Method of Payment: Lessee shall make rental payments to Rent Etc. LLC by check, money order, electronic payment, or cash, provided however, that if Lessee fails to make a timely rental payment or submits a check that is dishonored, Rent Etc. LLC reserves the right to notify Lessee in writing that future rent payments must be made by certified funds. • Rules and Regulations: Lessee agrees to keep in force all items referenced below under rules and regulations throughout the length of the lease and is aware that rules and regulations may change from time to time at the sole discretion of Rent Etc. LLC, but said changes shall be furnished to lessee in writing when they occur. If at any time, any rules and regulations are not followed, it is considered a breach of this agreement and Rent Etc. LLC holds the right to terminate lessee’s contract. -Food safety is our primary concern. Each truck/trailer owner is responsible for acquiring and maintaining all applicable licenses and permits that are required by the city/town of Franklin and Macon County Environmental Health for a food service truck/trailer operation. Non-compliance with city/town, state, county, federal regulation is grounds for expulsion from the park. - Each truck/trailer owner is responsible for the safety and upkeep of their individual truck/trailer. Electrical cords must be arranged in a manner as to not obstruct patrons or create hazards. -Fresh Water: Lessee shall not keep their freshwater line attached to Rent Etc. LLC water source. Lessee may connect a freshwater line to the water source to properly fill their freshwater tanks when necessary; when tank is full, lessee shall disconnect from Rent Etc. LLC water source. Water line should be stored out of public view. -Grey water disposal: Lessee may connect to the grey water disposal line only when necessary to empty their grey water tank, after which they will disconnect from the disposal source and store all lines out of public view. Lessee shall not keep their wastewater disposal line continuously attached to the sewer line. -Trucks/trailers must not amplify music to be heard outside of their turck/trailer.-Potential fire hazard items are prohibited. No truck/trailer will offer anything for sale that could be considered illegal, immoral, or otherwise considered lewd, sexual, or non-family friendly.-Participating food trucks/trailers cannot discriminate based on race, religion, age, gender, sexual orientation or other legally protected classes, etc.-Participating food trucks/trailers may not use additional signage, tables, sheds, coolers, or obstructions outside of the truck without approval from Rent Etc. LLC.-Rent Etc. LLC shall assign the food truck/trailer, in its sole discretion, a parking space. Rent Etc. LLC reserves and shall have, in its sole discretion, final discretion on how the space is used and how the food truck/trailer presents/shows to the general public.-Food truck/trailers are required to provide their own connectors, including adapters, for the electrical utility connection provided. Under no circumstances shall food trucks/trailers operate their organic generators.-Rent Etc. LLC reserves the right to change food truck/trailer parking space without notice or consent at any time.-Lessee(s) shall not affix any personal property to Rent Etc. LLC premises without the prior written consent of Rent Etc. LLC. -Lessee(s) shall sell only food and not sell anything other than food, including but not limited to alcohol or merchandise.-Lessee(s) shall be considerate of other lessee(s), Rent Etc. LLC, and all patrons of Rent Etc. LLC.-Rent Etc. LLC shall, under no circumstances, be liable for any loss or damage to vendor’s property.-The lessee agrees, as its sole cost and expense, to keep its space clean and in a manner satisfactory to Rent Etc. LLC.-Lessee(s) shall not transfer, assign, sublet or share any parking/truck/trailer space without written approval from Rent Etc. LLC, and any such attempt to do so may be considered automatically a breach of this contract by Rent Etc. LLC. Additionally, vendor shall have any and all property removed by the end of their scheduled lease period and lessee shall pay all rental and/or other sums due or owed to Rent Etc. LLC prior to vacating the premises.-In the event of a power outage or spike, Rent Etc. LLC is not responsible for any equipment failures, food spoilage, or losses caused by an outage or equipment failure. Lessee may use their organic generator throughout the period of any power outage. -While lessees are welcome to leave their trucks/trailer on site, Rent Etc. LLC is not responsible for the vehicle or its contents. Trucks/trailers must be locked and secured every night. Each lessee is responsible for the safety and security of its own truck/trailer.-Rent Etc. LLC cannot be designated as a drop-off site for food truck deliveries between the hours of 11:00AM and 9:00PM daily. Each truck/trailer is responsible for its own inventory and storage.-Lessee is responsible for its own disposal of cardboard waste, waste oil, grease trap contents, trash, and maintaining a clean and orderly lease site.-There are no rights for continued participation in Rent Etc. LLC Food Truck Park. Each vender is on an invitation only basis and said invitation may be revoked/terminated at any time by Rent Etc. LLC at it's sole discretion.-Each food offering/menu shall be approved by Rent Etc. LLC management and of which said approval shall not be unreasonably denied. Trucks/trailers must have a list of ingredients for each food item at all times. Trucks/trailers must make Rent Etc. LLC management aware of any new menu item prior to food service that day.-While Rent Etc. LLC will attempt to limit cuisine overlap within the park, no truck is given exclusive rights to any specific cuisine or food items. Rent Etc. LLC reserves the right to exclude specific menu items that conflict with its efforts to minimize cuisine overlap.-NO ALCOHOLIC BEVERAGES WILL BE SOLD OR PERMITTED ON THE PREMISES OF RENT ETC. LLC AT ANY TIME.5. Move in/Move out: Lessee agrees to move-in, move-out under provided guidelines set forth in this contract. Lessee will clean the area immediately around their food truck/trailer prior to leaving the premises. Lessee agrees to set up in a timely manner and make attempts to mitigate disruption to customers. Move-in and setup shall be lessee’s responsibility and Rent Etc. LLC shall in no way be liable or responsible for any improper installation. Any outstanding balances must be paid in full prior to lessee departing the property or Lessee will be in violation and may be subject to any and all enforcement actions as provided by law. 6. Facility maintenance: General maintenance of the area outside area is a joint responsibility and overall cleanliness will be up kept by food truck/trailer employees alike. Waste will be disposed of by each independent vender nightly. If any damage or repair to a fixture creates a substantial risk to a person’s health or significant property damage, it must be reported to Rent Etc. LLC management immediately. Rent Etc. LLC will assess the issue and plan for the repair in a timely manner accordingly. Failure to maintain the site as outlined by this lease or Rent Etc. LLC rules and regulations is just cause for termination of this agreement. Lessee hereby indemnifies and holds Rent Etc. LLC harmless from any cost, loss, damage caused at the premises in the course of such maintenance.7. Parking Rules: Lessees and employees must park behind or beside their truck/trailer in the assigned parking space only. No junked, unusable, or unsightly vehicles will be allowed on the premise. 8. Inspection by Contract Engr LLC.: Lessees agree to random inspection by management of Rent Etc. LLC for the following items. All food trucks/trailers must maintain a level of cleanliness standards set forth by the Macon County Public Health/Environmental Health Services under Mobile Food Service Rules and Regulations. Lessee must be compliant and maintain a current permit. Rent Etc. LLC or its management is not responsible for any foodborne illness or mishandling of food by Lessee or the Lessee’s employees. All food trucks/trailers shall be in good working order and will appear pleasing to the eye, neat, clean, and free of the need of repair and/or maintenance.9. Indemnification: Lessee hereby agrees to indemnify and hold Rent Etc. LLC harmless for any injury or death to any person or damage to any property arising out of the use of the premise by lessee, lessee’s family, agents, employee’s, guests, or invitees. Lessee is to keep the food truck/trailer while on the premises in good and safe condition and notify Rent Etc. LLC management immediately of any unsafe or unsanitary conditions on the premises. Rent Etc. LLC shall not be liable to lessee for any damages arising out of any actions or negligence on the part of any other food trucks/trailers, agents, employees, guests, or invitees. Lessee agrees to pay Rent Etc. LLC for any damages caused by lessee, lessee’s family, agents, employees, guests, or invitees whether such damage is sustained by said Rent Etc. LLC family, agents, employees, guests, or invitees.In no event shall Rent Etc. LLC, its affiliates, officers, employees, agents, representatives, successors, or assignees be liable to the vendor and/or its affiliates and/or respective managers, members, officers, employees, agents, representatives or customers (collectively “Rent Etc. LLC”) for any loss, liability, theft, damage, claim or demand, including but not limited to, theft or damage to food truck/trailers/s property, furnishings, equipment and merchandise that vendor may incur arising out of vendors operations at Rent Etc. LLC, whether caused by the negligence of Rent Etc. LLC or otherwise. Rent Etc. LLC shall not carry insurance covering any such property theft, loss or damage and vendor shall be solely responsible to carry its own insurance or otherwise accept the risk of any such theft, loss or damage, In furtherance of the foregoing, in no event shall Rent Etc. LLC be liable for any consequential , special , indirect, incidental, or punitive damages, costs, expenses or losses (including without limitation lost profits, loss of business, anticipatory profits and opportunity costs). To the extent food truck/trailer maintains any claim against Rent Etc. LLC, vendor shall look solely to Rent Etc. LLC leasehold interest in the Rent Etc. LLC premises and the proceeds thereof for the recovery of any judgment against Rent Etc. LLC, and no other property or assets of Rent Etc. LLC shall be subject to levy, execution or other enforcement procedure for the satisfaction of food truck/trailers remedies under or with respect to this agreement. In no event shall Rent Etc. LLC be liable to the food truck/trailer/vendor or any other person or entity for consequential, special, indirect, incidental, or punitive damages, costs, expenses, or losses (including without limitation lost profits, loss of business, anticipatory profits, and opportunity costs).10. Attorney’s fees: Should Rent Etc. LLC be required to employ legal counsel to enforce the terms, conditions and covenants of this agreement, the defendant Lessee shall be liable to Rent Etc. LLC for all reasonable costs and attorneys’ fees incurred therein.11. Insurance: Lessee will maintain general liability insurance of not less than $1,000,000 per occurrence and $2,000,000 aggregate. Rent Etc. LLC will be listed as additional insured throughout the lease agreement.TIME PERIOD LEASING:_____ 1 Week _____ 2 Weeks _____ 1 Month _____ 3 Months _____ 6 MonthsStart Date: __________ End Date: __________
LESSOR: Rent Etc. LLC LESSEE: _______________SIGN: _______________ SIGN: _______________PRINT: _______________ PRINT: _______________TITLE: _______________ TITLE: _______________DATE: _______________ DATE: _______________
This commercial lease agreement is made and executed by and between Rent Etc. LLC and _______________ (hereafter "Lessee")on this day of ______________. Rent Etc. LLC hereby Leases to Lessee a Food Truck/Trailer space at Siler Road in the City of Franklin, NC, on the Premises, all under and pursuant to the following terms and conditions.• Terms of the Agreement. This agreement shall not become effective until both Parties execute this agreement, and the vendor provides insurance documents pursuant to section 5. The term of this agreement shall be through calendar year 2022. Rent Etc. LLC may terminate this agreement prior to the term ending, with or without cause, and in Rent Etc. LLC’s sole discretion, without any penalty whatsoever. If Rent Etc. LLC terminates this agreement prior to the term ending, Rent Etc. LLC shall prorate by the day the rental fee so that the vendor shall be reimbursed for those hours remaining in said term coming after vendor has completely vacated the premises.• Rental Fee. (See rental fee rate schedule attached.) Initial rent shall be paid prior to setting up the truck/trailer at the signing of the lease, the first week/month payable at time of signing and thereafter on or before the 1st of each subsequent week/month. If payment is made after the 5th of the week/month, a $50 late fee will apply. A fee of $50 will be assessed for all checks returned due to insufficient funds or for any other reason and will be immediately due from Lessee to Rent Etc. LLC. Rental fees are subject to change at the discretion of Rent Etc. LLC and are as published at the time of scheduling. As part of the rental fee, Rent Etc. LLC will make available: electric utility connection, access to city sewer and city water and employee parking in the rented space. Each food truck/trailer will be charged for it's electric usage according to the Duke Energy rates. Water and sewer are included in the rental fees.• Method of Payment: Lessee shall make rental payments to Rent Etc. LLC by check, money order, electronic payment, or cash, provided however, that if Lessee fails to make a timely rental payment or submits a check that is dishonored, Rent Etc. LLC reserves the right to notify Lessee in writing that future rent payments must be made by certified funds. • Rules and Regulations: Lessee agrees to keep in force all items referenced below under rules and regulations throughout the length of the lease and is aware that rules and regulations may change from time to time at the sole discretion of Rent Etc. LLC, but said changes shall be furnished to lessee in writing when they occur. If at any time, any rules and regulations are not followed, it is considered a breach of this agreement and Rent Etc. LLC holds the right to terminate lessee’s contract. -Food safety is our primary concern. Each truck/trailer owner is responsible for acquiring and maintaining all applicable licenses and permits that are required by the city/town of Franklin and Macon County Environmental Health for a food service truck/trailer operation. Non-compliance with city/town, state, county, federal regulation is grounds for expulsion from the park. - Each truck/trailer owner is responsible for the safety and upkeep of their individual truck/trailer. Electrical cords must be arranged in a manner as to not obstruct patrons or create hazards. -Fresh Water: Lessee shall not keep their freshwater line attached to Rent Etc. LLC water source. Lessee may connect a freshwater line to the water source to properly fill their freshwater tanks when necessary; when tank is full, lessee shall disconnect from Rent Etc. LLC water source. Water line should be stored out of public view. -Grey water disposal: Lessee may connect to the grey water disposal line only when necessary to empty their grey water tank, after which they will disconnect from the disposal source and store all lines out of public view. Lessee shall not keep their wastewater disposal line continuously attached to the sewer line. -Trucks/trailers must not amplify music to be heard outside of their turck/trailer.-Potential fire hazard items are prohibited. No truck/trailer will offer anything for sale that could be considered illegal, immoral, or otherwise considered lewd, sexual, or non-family friendly.-Participating food trucks/trailers cannot discriminate based on race, religion, age, gender, sexual orientation or other legally protected classes, etc.-Participating food trucks/trailers may not use additional signage, tables, sheds, coolers, or obstructions outside of the truck without approval from Rent Etc. LLC.-Rent Etc. LLC shall assign the food truck/trailer, in its sole discretion, a parking space. Rent Etc. LLC reserves and shall have, in its sole discretion, final discretion on how the space is used and how the food truck/trailer presents/shows to the general public.-Food truck/trailers are required to provide their own connectors, including adapters, for the electrical utility connection provided. Under no circumstances shall food trucks/trailers operate their organic generators.-Rent Etc. LLC reserves the right to change food truck/trailer parking space without notice or consent at any time.-Lessee(s) shall not affix any personal property to Rent Etc. LLC premises without the prior written consent of Rent Etc. LLC. -Lessee(s) shall sell only food and not sell anything other than food, including but not limited to alcohol or merchandise.-Lessee(s) shall be considerate of other lessee(s), Rent Etc. LLC, and all patrons of Rent Etc. LLC.-Rent Etc. LLC shall, under no circumstances, be liable for any loss or damage to vendor’s property.-The lessee agrees, as its sole cost and expense, to keep its space clean and in a manner satisfactory to Rent Etc. LLC.-Lessee(s) shall not transfer, assign, sublet or share any parking/truck/trailer space without written approval from Rent Etc. LLC, and any such attempt to do so may be considered automatically a breach of this contract by Rent Etc. LLC. Additionally, vendor shall have any and all property removed by the end of their scheduled lease period and lessee shall pay all rental and/or other sums due or owed to Rent Etc. LLC prior to vacating the premises.-In the event of a power outage or spike, Rent Etc. LLC is not responsible for any equipment failures, food spoilage, or losses caused by an outage or equipment failure. Lessee may use their organic generator throughout the period of any power outage. -While lessees are welcome to leave their trucks/trailer on site, Rent Etc. LLC is not responsible for the vehicle or its contents. Trucks/trailers must be locked and secured every night. Each lessee is responsible for the safety and security of its own truck/trailer.-Rent Etc. LLC cannot be designated as a drop-off site for food truck deliveries between the hours of 11:00AM and 9:00PM daily. Each truck/trailer is responsible for its own inventory and storage.-Lessee is responsible for its own disposal of cardboard waste, waste oil, grease trap contents, trash, and maintaining a clean and orderly lease site.-There are no rights for continued participation in Rent Etc. LLC Food Truck Park. Each vender is on an invitation only basis and said invitation may be revoked/terminated at any time by Rent Etc. LLC at it's sole discretion.-Each food offering/menu shall be approved by Rent Etc. LLC management and of which said approval shall not be unreasonably denied. Trucks/trailers must have a list of ingredients for each food item at all times. Trucks/trailers must make Rent Etc. LLC management aware of any new menu item prior to food service that day.-While Rent Etc. LLC will attempt to limit cuisine overlap within the park, no truck is given exclusive rights to any specific cuisine or food items. Rent Etc. LLC reserves the right to exclude specific menu items that conflict with its efforts to minimize cuisine overlap.-NO ALCOHOLIC BEVERAGES WILL BE SOLD OR PERMITTED ON THE PREMISES OF RENT ETC. LLC AT ANY TIME.5. Move in/Move out: Lessee agrees to move-in, move-out under provided guidelines set forth in this contract. Lessee will clean the area immediately around their food truck/trailer prior to leaving the premises. Lessee agrees to set up in a timely manner and make attempts to mitigate disruption to customers. Move-in and setup shall be lessee’s responsibility and Rent Etc. LLC shall in no way be liable or responsible for any improper installation. Any outstanding balances must be paid in full prior to lessee departing the property or Lessee will be in violation and may be subject to any and all enforcement actions as provided by law. 6. Facility maintenance: General maintenance of the area outside area is a joint responsibility and overall cleanliness will be up kept by food truck/trailer employees alike. Waste will be disposed of by each independent vender nightly. If any damage or repair to a fixture creates a substantial risk to a person’s health or significant property damage, it must be reported to Rent Etc. LLC management immediately. Rent Etc. LLC will assess the issue and plan for the repair in a timely manner accordingly. Failure to maintain the site as outlined by this lease or Rent Etc. LLC rules and regulations is just cause for termination of this agreement. Lessee hereby indemnifies and holds Rent Etc. LLC harmless from any cost, loss, damage caused at the premises in the course of such maintenance.7. Parking Rules: Lessees and employees must park behind or beside their truck/trailer in the assigned parking space only. No junked, unusable, or unsightly vehicles will be allowed on the premise. 8. Inspection by Contract Engr LLC.: Lessees agree to random inspection by management of Rent Etc. LLC for the following items. All food trucks/trailers must maintain a level of cleanliness standards set forth by the Macon County Public Health/Environmental Health Services under Mobile Food Service Rules and Regulations. Lessee must be compliant and maintain a current permit. Rent Etc. LLC or its management is not responsible for any foodborne illness or mishandling of food by Lessee or the Lessee’s employees. All food trucks/trailers shall be in good working order and will appear pleasing to the eye, neat, clean, and free of the need of repair and/or maintenance.9. Indemnification: Lessee hereby agrees to indemnify and hold Rent Etc. LLC harmless for any injury or death to any person or damage to any property arising out of the use of the premise by lessee, lessee’s family, agents, employee’s, guests, or invitees. Lessee is to keep the food truck/trailer while on the premises in good and safe condition and notify Rent Etc. LLC management immediately of any unsafe or unsanitary conditions on the premises. Rent Etc. LLC shall not be liable to lessee for any damages arising out of any actions or negligence on the part of any other food trucks/trailers, agents, employees, guests, or invitees. Lessee agrees to pay Rent Etc. LLC for any damages caused by lessee, lessee’s family, agents, employees, guests, or invitees whether such damage is sustained by said Rent Etc. LLC family, agents, employees, guests, or invitees.In no event shall Rent Etc. LLC, its affiliates, officers, employees, agents, representatives, successors, or assignees be liable to the vendor and/or its affiliates and/or respective managers, members, officers, employees, agents, representatives or customers (collectively “Rent Etc. LLC”) for any loss, liability, theft, damage, claim or demand, including but not limited to, theft or damage to food truck/trailers/s property, furnishings, equipment and merchandise that vendor may incur arising out of vendors operations at Rent Etc. LLC, whether caused by the negligence of Rent Etc. LLC or otherwise. Rent Etc. LLC shall not carry insurance covering any such property theft, loss or damage and vendor shall be solely responsible to carry its own insurance or otherwise accept the risk of any such theft, loss or damage, In furtherance of the foregoing, in no event shall Rent Etc. LLC be liable for any consequential , special , indirect, incidental, or punitive damages, costs, expenses or losses (including without limitation lost profits, loss of business, anticipatory profits and opportunity costs). To the extent food truck/trailer maintains any claim against Rent Etc. LLC, vendor shall look solely to Rent Etc. LLC leasehold interest in the Rent Etc. LLC premises and the proceeds thereof for the recovery of any judgment against Rent Etc. LLC, and no other property or assets of Rent Etc. LLC shall be subject to levy, execution or other enforcement procedure for the satisfaction of food truck/trailers remedies under or with respect to this agreement. In no event shall Rent Etc. LLC be liable to the food truck/trailer/vendor or any other person or entity for consequential, special, indirect, incidental, or punitive damages, costs, expenses, or losses (including without limitation lost profits, loss of business, anticipatory profits, and opportunity costs).10. Attorney’s fees: Should Rent Etc. LLC be required to employ legal counsel to enforce the terms, conditions and covenants of this agreement, the defendant Lessee shall be liable to Rent Etc. LLC for all reasonable costs and attorneys’ fees incurred therein.11. Insurance: Lessee will maintain general liability insurance of not less than $1,000,000 per occurrence and $2,000,000 aggregate. Rent Etc. LLC will be listed as additional insured throughout the lease agreement.TIME PERIOD LEASING:_____ 1 Week _____ 2 Weeks _____ 1 Month _____ 3 Months _____ 6 MonthsStart Date: __________ End Date: __________
LESSOR: Rent Etc. LLC LESSEE: _______________SIGN: _______________ SIGN: _______________PRINT: _______________ PRINT: _______________TITLE: _______________ TITLE: _______________DATE: _______________ DATE: _______________