Fill and Sign the Agreement Mobile Home 497332949 Form

Agreement to Set Mobile Home on New Location Agreement made on the _______________ (date), between ___________________________ (Name of Owner) of __________________________ ______________________________________ (street address, city, state, zip code) , referred to herein as Owner, and ___________________________________________ (Name of Contractor), a corporation organized and existing under the laws of the state of _______________________ (name of state), with its principal office located at __________________________________________________________ (street address, city, state, zip code) , referred to herein as Contractor. Whereas, the mobile home (the Home ) at ____________________________________ ______________________ (street address, city, state, zip code) , is the property of Owner as is the land located at ____________________________________________ ____________________________ (street address, city, state, zip code) , sometimes referred herein as the Tract ; Whereas, Owner desires to move the Home to and set the Home on the Tract; and Whereas, Contractor is qualified to perform the work in moving and setting the Home on the Tract. Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: I. Work to be Done. A. Within __________ (number) hours of the above-stated effective date of this Agreement, Contractor will begin the work of moving the Home from its present location to the Tract and setting the Home on the Tract so that the front of the Home is facing __________________ (direction) and the rear of the Home is facing ___________________ (direction) . B. Contractor will perform the work expeditiously, in a good and workmanlike manner, in compliance with all applicable governmental regulations, and in strict accordance with the provisions of this Agreement. C. Contractor will furnish all labor and materials and equipment, in good condition, necessary to perform its duties under and pursuant to this Agreement. D. Contractor’s services will include, but not be limited to, the following: 1. Attaching axles and wheels to the Home. 2. C lear ing any trees or branches and other debris that may be in the way to make a path for them to maneuver the Home out. 3. If the Home does not have a hitch the movers will weld one in place. 4. When, in the opinion of Contractor, the Home is ready to be moved and transported, it shall be transported to the Tract in an expeditious way satisfactory to both Owner and Contractor. II. Notices and Permits. A. Contractor will give all notices and obtain and pay for all permits, licenses, bonds, and franchises that may be required for the removal and transportation of buildings by federal, state, county, or city laws, rules, statutes, regulations, and ordinances, together with all premiums for insurance required in this Agreement. B. Contractor will give all such notices and secure all such permits, licenses, franchises, bonds, and insurance before it begins the work described in Section I of this Agreement. III. Public Liability Insurance. A. Contractor will have public liability insurance in force before beginning the work described in Section I of this Agreement, and such insurance shall protect Owner as well as Contractor from any and all liability in tort or otherwise to any third parties. Such insurance shall be in a minimum amount of $___________. B. Contractor will furnish Owner with reasonable proof of compliance with the terms of this Section. IV. Workers’ Compensation Insurance. Contractor will have workers' compensation insurance, and other insurance required by the workers' compensation laws of _______________ (name of state) , in force before beginning the work describe in Section I of this Agreement and will furnish Owner with reasonable proof of compliance with the terms of this Section. V. Hazard Insurance. Contractor will, before beginning the work described in Section One, insure the Home for the period of its transportation to and its setting on the Tract against fire, tornado, earthquake, windstorm, and the usual extended coverage of hazards, in an amount of not less than $_____________; and will furnish Owner with proof of such insurance protection. VI. Repairs. A. Contractor will use utmost care to transport the Home safely and, on demand of Owner, will repair any damage sustained by the Home in the moving process. B. Should the interior wall of any room require repairs, Contractor will Repair such wall or walls; alternatively, on written notice to Contractor, Owner may have such repairs done and deduct the reasonable cost of such repairs from any amount due Contractor from Owner under this Agreement. VII. Payment to Contractor. Owner will pay Contractor $___________ for Contractor's satisfactory performance of its duties under this Agreement, which shall be paid in cash when the work describe above is completed. VIII. Contractor shall not be responsible for the performance of any task not specifically assumed by it under this Agreement, but will cooperate with any persons employed by Owner to perform such work so that the moving, transport, and proper setting of the Home on its new foundation on the Tract may be smoothly accomplished. IX. Time of Completion. Contractor will complete its performance under this Agreement within _______ (number) days of the above-stated effective date of this Agreement, acts of God, riot, insurrection, fire, or unusual weather conditions excepting strict performance under this Agreement. X. Indemnification of Owner. Contractor will indemnify Owner against any and all liability arising from any defalcation on the part of Contractor or its agents, employees, or workers or from failure to perform any of its duties or stipulations under this Agreement. XI. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. XII. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. XIII. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ___________________ (name of state). XIV . Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. XV. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. XVI. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. XVII. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XVIII. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. XIX . Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. XX. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. ____________________________________ (Name of Contractor) ________________________ By: _______________________________ (P rinted Name) (P rinted Name & Office in Corporation) ________________________ __________________________________ (Signature of Property Owner) (Signature of Officer)