Food Trailer Lease Agreement

FOOD TRAILER LEASE AGREEMENT

This Food Trailer Lease Agreement ("Agreement") is made as of by and between Lessor Name: whose principal address is , and Lessee Name: whose principal address is .

RECITALS

WHEREAS, Lessor owns a certain mobile food trailer described below and desires to lease the trailer to Lessee on the terms and conditions set forth in this Agreement; and

WHEREAS, Lessee desires to lease and operate the food trailer for the purpose of preparing and selling food and beverages in accordance with applicable law and subject to the terms of this Agreement; and

WHEREAS, the parties intend by this Agreement to set forth their respective rights and obligations with respect to the leased trailer.

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows:

1. LEASE GRANT

1.1 Grant. Subject to the terms and conditions of this Agreement, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the food trailer described as follows (the "Trailer"):

2. TERM

2.1 Lease Term. The term of this Lease shall commence on and shall continue until unless earlier terminated in accordance with this Agreement.

2.2 Option to Renew. Lessee may request renewal no later than days prior to the expiration of the Term; any renewal shall be in writing and signed by both parties specifying term and rent.

3. RENT, SECURITY DEPOSIT AND PAYMENT

3.1 Payment. Rent is due in advance on the first day of each calendar month at Lessor's address for notices or at such other place designated in writing by Lessor. Late payments shall bear interest at the lesser of 1.5% per month or the maximum lawful rate.

4. PERMITTED USE AND LOCATION

4.1 Use. Lessee shall use the Trailer solely for the operation of a mobile food business and related purposes. Lessee shall not use the Trailer for illegal purposes or in any manner that creates a nuisance or hazard.

4.2 Location. Lessee shall operate the Trailer at locations permitted by applicable law and with any required consent of the property owner. Lessee shall maintain copies of all site permissions and permits and shall provide copies to Lessor upon request.

5. CONDITION, MAINTENANCE AND REPAIRS

5.1 Condition. Lessee acknowledges receipt of the Trailer in good working order except as noted on the attached checklist. Lessee shall be responsible for ordinary maintenance and for keeping the Trailer in a sanitary, safe condition.

5.2 Repairs. Lessee shall promptly notify Lessor in writing of any structural or mechanical defects. Lessor shall be responsible for repairs resulting from normal wear and tear; Lessee shall be responsible for repairs arising from Lessee's misuse, negligence, or improper operation.

6. ALTERATIONS

6.1 Consent Required. Lessee shall not make structural alterations, affix permanent fixtures, or alter utility or gas lines without Lessor's prior written consent. Any approved alterations shall become part of the Trailer and remain with it at the end of the Term unless otherwise agreed in writing.

7. INSURANCE

7.1 Requirements. Lessee shall obtain and maintain at its expense commercial general liability insurance and automobile/motor vehicle insurance covering the Trailer, with minimum limits of liability as set forth by agreement: General Liability and Automobile Liability .

7.2 Additional Insured. Lessee shall name Lessor as an additional insured on the liability policies and shall deliver certificates of insurance to Lessor prior to commencement of the Term and upon renewal of coverage.

8. TAXES, FEES AND PERMITS

Lessee shall be responsible for obtaining and maintaining all permits, licenses, sales taxes, health inspections, and other governmental approvals necessary for Lessee's operation of the Trailer and shall pay all such charges, assessments, fines or penalties arising from Lessee's use.

9. INDEMNIFICATION

Lessee shall indemnify, defend and hold harmless Lessor and its officers, agents and employees from and against any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of Lessee's use, possession, operation or maintenance of the Trailer, except to the extent such loss is caused by Lessor's gross negligence or willful misconduct.

10. DEFAULT AND REMEDIES

10.1 Events of Default. Each of the following shall constitute an Event of Default: (a) Lessee's failure to pay rent or any other sum when due and such failure continues for five (5) days after written notice; (b) Lessee's abandonment of the Trailer; (c) Lessee's breach of any other material term of this Agreement and failure to cure within ten (10) days after written notice.

10.2 Remedies. Upon an Event of Default, Lessor shall have all remedies available at law or in equity, including termination of this Agreement, recovery of unpaid rent, acceleration of future rent where permitted, and repossession of the Trailer. No exercise of remedies by Lessor shall waive its right to recover damages.

11. TERMINATION AND SURRENDER

11.1 Termination. This Agreement may be terminated by mutual written consent or as otherwise provided herein. Upon termination, Lessee shall surrender the Trailer to Lessor in substantially the same condition as received, reasonable wear and tear excepted.

11.2 Removal of Property. Lessee shall remove all personal property and trade fixtures upon surrender; Lessee shall be liable for costs to repair damage from any removal.

12. ASSIGNMENT AND SUBLETTING

Lessee shall not assign this Agreement or sublet the Trailer, in whole or in part, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Any attempted assignment without consent shall be void and constitute an Event of Default.

13. NOTICES

13.1 Method. All notices, consents or approvals required or permitted hereunder shall be in writing and shall be deemed duly given if delivered in person, by nationally recognized overnight courier, or by certified mail, return receipt requested, to the addresses set forth below or to such other address as either party may designate by written notice.

14. WARRANTIES AND REPRESENTATIONS

14.1 Lessor's Representations. Lessor represents and warrants that it has the right to lease the Trailer, that the Trailer is free of known liens except as disclosed in writing, and that Lessor will not interfere with Lessee's quiet possession so long as Lessee performs its obligations.

14.2 Lessee's Representations. Lessee represents that it is duly organized and in good standing (if an entity), that it has full power and authority to enter into this Agreement, and that Lessee will comply with all applicable laws, codes, regulations and health standards in operating the Trailer.

15. WAIVER, AMENDMENT, SEVERABILITY

15.1 Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce it subsequently.

15.2 Amendment. This Agreement may be amended only by a written instrument signed by both parties.

15.3 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state identified below without regard to its conflicts of law rules.

17. ENTIRE AGREEMENT

This Agreement, together with any attachments, exhibits, and schedules expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and representations, whether written or oral.

18. COUNTERPARTS

This Agreement may be executed in counterparts, each of which when executed shall be deemed an original, and all of which together shall constitute one and the same instrument.

19. ADDITIONAL PROVISIONS

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