FORM 114

PERSONAL PROPERTY RENTAL AND USE AGREEMENT

AGREEMENT made between _____________ (Governmental Entity), a political subdivision of the State of Idaho, herein "ENTITY" and ________________ herein "USER",

THE PARTIES AGREE AS FOLLOWS: 

1.            USE OF PROPERTY:  ENTITY hereby rents to USER the use of: _______________________ (description of property), more specifically known by serial number _________________, from _____________, 20___ to _______________, 20___ inclusive. 

2.            RENTAL RATE:  USER agrees to pay ENTITY rent for the use of said property in the sum of $_________________, per (day)(week)(month), payable on (execution of this Agreement) (weekly)(monthly). 

3.            SECURITY DEPOSIT:  USER also agrees to pay ENTITY $______________, upon execution of this Agreement, as a security deposit on said property.  Said security deposit will be returned at the time the property is returned upon the condition that this contract is paid in full and, said property is returned undamaged and fully operable.  In the event that the rented property is damaged in any manner, the security deposit will be applied to the cost of repairing the rented equipment and any excess will be returned to "USER".  In the event that the security deposit is insufficient to fully pay for any damages to the rented property, USER agrees to pay all of such additional repair costs to "ENTITY". 

4.            PURPOSE:  USER agrees to use the above-described property solely for the lawful purposes for which such property was specifically made and for no other purpose. 

5.            SECURITY:  USER agrees not to allow any other person to use the rental property and to protect said property against loss or misuse.

6.            INDEMNIFICATION:  USER agrees to indemnify, defend, and hold harmless ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the use of the property by USER, USERís agents, employees, or representatives under this Agreement.

7.            COMPLIANCE WITH LAWS:  USER agrees to comply with all federal, state, city, and local laws, rules and regulations regarding the use of the rental property, including instances in which the rental property is used in conjunction with other equipment or is used to apply or is used in conjunction with any chemical or other substance. 

8.            TERMINATION:  This Agreement may be terminated immediately by ENTITY for breach of this Agreement by USER and either party may terminate this Agreement by _________ days written notice of termination to the other party. 

9.            INSURANCE:  USER agrees to obtain and keep in force during its acts under this Agreement a comprehensive general liability insurance policy in the minimum amount of $____________________, which shall name and protect USER, all USERís employees, ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with the USERís acts.  USER shall provide proof of liability coverage as set forth above to ENTITY prior to commencing its performance as herein provided, and require insurer to notify ENTITY ten (10) days prior to cancellation of said policy.

10.            ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties.

11.            ATTORNEY FEES:  Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination. 

DATED this _______ day of _______________, 20____.

ENTITY:

_____________________________________

(Governmental Entity)

By__________________________________

Its___________________________________

ATTEST:

_____________________________________

Clerk of _____________________________

(County, City or other Governmental Entity)

  USER:

By__________________________________

   (Name)

Its _____________________________________

    (Title or Office)

WITNESS:

_____________________________________

(Signature of Witness or Notary Public)

  Form and content approved by __________________ as attorney for _______________ (Governmental Entity).