ACT TOWING, LLC DBA  ALL CITY TOWING
Phone: (480) ALL-CITY <> Fax (480) 461-0001

Member AMA
ARIZONA MULTIHOUSING ASSOCIATION

 

In the State of Arizona, County of Maricopa City of __________________________. This Exclusive Vehicle Towing Agreement is made between ______________________________________________(“Owner/Agent”), of the property identified/named below, and ALL CITY TOWING (“All City”), entered into on this _____ day of  ___________________, 20____.

Basic Agreement: Owner/Agent hereby authorizes All City as its exclusive towing company to tow and/or impound all illegally or improperly parked or abandoned vehicles on the property named below, as and when requested by Owner/Agent.  Owner/Agent represents that it will have the contractual authority from the vehicle owner and/or otherwise legal authority prior to authorizing each tow. All City agrees to tow and/or impound all illegally or improperly or abandoned vehicles 24 hours a day.

Procedure: The parties shall follow the following procedure, which will help All City offer the most effective service possible for the Owner/Agent:

1)       Owner/Agent shall call All City with a description, location, license number (if any) of the vehicle to be towed.

2)       Owner/Agent will sign a tow authorization for each vehicle towed.

A)      In person for the All City driver.

B)       As a tow tag attached to vehicle.

C)       Via FAX.

All City will make and file all legally required reports with the appropriate government agencies.

3)       All City shall charge the vehicle owner first for the services rendered, unless the tow or impound was improper due to Owner/Agent error, in which case, Owner/Agent shall pay All City, a reasonable fee not to exceed one-half of the accrued impound and storage fees. Additional services, such as re-tows, will be at an additional charge.

4)       All City may charge the maximum rates and charges allowed by law.

Owner/Agent directs All City to accept authorization to tow and/or impound vehicles from officers of Owner/Agent and from the following person(s):

Name:______________________________________________________________  Title: ____________________________ Phone: ________________________

Name:______________________________________________________________  Title: ____________________________ Phone: ________________________

Name:______________________________________________________________  Title: ____________________________ Phone: _______________________

Owner/Agent is responsible for notifying All City whenever the employees authorized to order towing changes. Notice to be sent in writing via FAX or mail.

Assignment: To the extent legally permitted, and as necessary to make a tow and/or impound consented to, Owner/Agent hereby assigns to All City and this agreement constitutes an assignment of, Owner/Agent contractual rights to tow and/or impound any vehicle.

Hold Harmless: All City agrees to reimburse, indemnify and hold harmless Owner/Agent for, from and against any and all actual costs and losses actually incurred as a result of damage to vehicles to the extent caused by All City’s negligence. Owner/Agent agrees to reimburse, indemnify, defend and hold harmless All City for, from, and against any and all actual costs, losses, claims judgments and attorney’s fees that result that result from the performance of all duties undertaken at the request of Owner/Agent under this agreement, to the extent that they are not the result of negligence by All City, its agents or assigns.

Insurance: All City agrees to maintain Liability, Physical Damage and On-Hook insurance on all of it’s towing units during the term of this agreement, in amounts no less than: $100,000 each person, 1,000,000 each occurrence, Physical Damage and On-Hook $50,000 each accident.

Term and Termination: The provisions of this Agreement shall begin and take full force and effect on the ______ day of ______________, 20______. And end on the ______ day of ______________, 20_____ (the “Initial Termination Date”). Thereafter, this Agreement will automatically be renewed for up to 10 one-year renewal periods, unless either party provides the other written notice of non-renewal at least 15 days prior to the last day of the initial term or any one-year renewal period. Either party may terminate this Agreement upon 30 days written notice. All notices must be properly addressed, postage prepaid, and delivered via first class certified mail, return receipt requested, to the other party.

Signage: Signs that comply with the appropriate municipal codes and installation, are provided by All City at the initiation of service, free of charge as a courtesy to our clients. However, by law, it is the property owner’s responsibility to post and maintain signage. Signs that are subsequently replaced or repaired are also provided free of charge (except for custom signage), but All City shall charge Owner/Agent, and Owner/Agent will pay All City, for all labor associated with the repairs and/or replacements at $65/hour