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Home My WebLink AboutVehicle Lease Agreement Augusta Richmond GA DOCUMENT NAME: \( €---Yli L\~ Lev-b& ~,e..eYNA\-t--- DOCUMENT TYPE' fl . LA9,e~fY\en+- YEAR: ) 90& BOX NUMBER: I FILE NUMBER: ) r;) 1~7 NUMBER OF PAGES: 3 ',. . . ~. ~ Club Car VEHICLE LEASE AGREEMENT (Short Term) ..~~HtI ~w.,,"ti Lease No. 1Oi:.M by and between CLUB CAR, INC., hereinafter referred to as the "LESSOR" and hose address is 2023 HIGHLAND AVENUE. AUGUSTA. GA 30904. hereinafter referred to as the "LESSEE", its successors and assigns. WITNESSETH: 1. For and in consideration of the mutual promises and agreements, and the rent reserved for herein, the LESSOR hereby leases to LESSEE and the LESSEE hereby leases from LESSOR the vehicles(s) set forth in paragraph 3 hereof, upon the terms and conditions herein set forth. 2. The term of this lease shall commence on or about January 1. 1996 and shall continue until gi!:~'te...31. 1996, so_long as LESSEE canies out the terms and conditions of this lease on LESSEE'S part to be kept and performed. 3. Description of the vehicles(s), hereinafter refered to as the 'VEHICLE(S)": QUANTITY DESCRIPTION 44 CLUB CAR Golf Cars THIS LEASE MAY BE CANCELLED BY EITHER PARTY WITH A 30 DAY WRITTEN NOTICE. SERIAL NUMBERS LOCATION OF VEHICLE(S) Address: AUGUSTA GOLF COURSE 2023 HIGHLAND AVENUE AUGUSTA, GA 30904 RICHMOND County: If serial numbers of the VEHICLES are not available at the time of the execution of lh~ 1981e, LESSEE authorizes LESSOR to list such serial numbers on LESSOR'S copy and to make lI8I1le available to LESSEE upon requeat. 4. LESSEE shall pay to LESSOR as rental for the VEHICLE(S) $2.200.00 per MONTH. The first rental payment shall be made UPON RECEIPT OF INVOICE. All payments shall be made to LESSOR at 4152 Washington Road, P,O. Box 204658, Augusta, Georgia 30917-4658, or as otherwise directed by LESSOR in writing, and shall not be deemed to have been made until actually received by LESSOR. Delinquent installments of rental shall bear interest at the lower of (a) eighteen percent (18%) per annum, or (b) the ~ highest per annum interest rate allowed by law. IR tl:le 9"eRt tl:lii laate it phiiQeQ iR tRe RaRQS gf SR s"eFRey te r9C'Q"~r ii'ny rnQr:liei d'le ipd to become due l:lerelolRQer, or fQr tRli pouauioR gf tRe \(IiFlICI..Ii(i) or otRe~"i&li tit U"'.. / tJ t. - / i/ ""...iJ.",so, " ..~ "\ 8Rfof;e LiiiOR'i RgAte RerilolAQir, 1..1i~~IiE tRail pay L.E~~OR'~ ~nioRabl9 expiRies &lRd attQRU'VS' f98'i iR ~gAAectioA th~r~\&,ah 5. , AND : (a) MAINTAIN AND KEEP IN EFFECT VALID AND COLLECTIBLE PUBLIC LIABILITY INSURANCE C G ANY AND ALL CLAIMS, DAMAGES, ACTIONS OR CAUSES OF A OF OR IN CONNECTION THE OWNERSHIP, POSSESSION, MAINTENANC UNLOADING, LEASE OR RENTAL E VEHICLE(S) IN AN AMOUNT KEEP THE VEHICLE(S) FULLY INSURED ST LOSS, TH VANDALISM WITH RESPONSIBLE COMPANIES IN PROVIDED BY LESSEE HEREUNDER SHAL ECT, A INTERESTS MAY APPEAR, THE LESSOR AND THE LESSEE, WITH LESSOR AS AN ADDITIONAL INS 'HALL BE PRIMARY TO ANY INSURANCE MAINTAINED SSOR FOR ITS OWN AND EXCLUSIVE BEN . NO SHALL PROVIDE THAT THE COVE RAG UNDER MAY NOT BE TERMINATED WITHOUT THIRTY (30) RIOR WRITTEN NOTIC SSOR. LESSEE SHALL. AT LESSOR'S REQUEST, FURNISH LESSOR WITH A C tf IC.S" lUll" ~ t3' ~~ . . 6. LI!SSEE has selected the VEHICLE(S and represents to LESSOR that each item thereof is of the design. size, fitness. and capacity satisfactory for LESSEE'S purposes, and LESSEE agrees that such VEHICLE(S) is suitable and fit for the purpose intended, LESSOR'S SOLE AND EXCLUSIVE WARRANTY TO LESSEE IS THAT THE VEHICLE(S) WILL BE IN OPERATING CONDITION WHEN RECEIVED BY LESSEE. IN THE EVENT OF LESSOR'S BREACH OF WARRANTY, LESSEE'S SOLE AND EXCLUSIVE REMEDY WILL BE THAT LESSOR WILL MAKE ANY VEHICLE ADJUSTMENTS, REPAIRS OR PART REPLACEMENTS TO ANY VEHICLE WHEN IT DETERMINES THAT THE VEHICLE DOES NOT CONFORM TO THE ABOVE MENTIONED WARRANTY. IN NO EVENT WILL LESSOR HAVE ANY OBLIGATION OR LIABILITY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE VEHICLE(S). NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY ALLEGED IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WILL APPLY IN ANY MANNER WHATSOEVER. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY VEHICLE(S) LEASED HEREUNDER OR THE USE, OPERATION OR MAINTENANCE THEREOF, OR THE FAILURE OF OPERATION THEREOF, OR THE ADJUSTMENTS, REPAIRS, OR PART REPLACEMENTS, OR BY ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEREOF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATSOEVER OR HOWEVER CAUSED. NO ALLEGED DEFECT OR UNFITNESS OF THE VEHICLE(S) SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR OF ANY OTHER OBLIGATION OF LESSEE TO LESSOR UNDER THE LEASE. 7. Title to the VEHICLE(S) shall at all times be and remain the sole and exclusive property of the LESSOR. 8. The VEHICLE(S) shall not be removed from the address of the location of VEHICLE(S) as provided in paragraph 3 hereof without LESSOR'S prior written consent. 9. LESSEE agrees to safely store the VEHICLE(S) under roof and to property secure the same at night and such other times when not in use, and LESSEE agrees to be solely responsible for such storage and safekeeping. If the VEHICLE(S) is electrical, LESSEE agrees that such storage shall include sufficient and adequate electrical charging outlets and watering facilities for the batteries which are a part of the VEHICLE(S). LESSEE further agrees to be sofely responsible for the cost of all electricity, fuel and routine maintenance for or to the VEHICLE(S). The VEHICLE(S) shall be used and operated only at the address specified in paragraph 3 hereof in a careful manner and in compliance with all applicable laws. The VEHICLE(S) shall not be used or operated in a manner subjecting it to depreciation above the usual depreciation associated with normal use. LESSEE shall be solely responsible for damage to the VEHICLE(S) from any accident, vandalism, user abuse, collision, fire or act of God. Le.... lOb' /1,/ L.""~Le'so' " ;, , 10. LESSEE shall fully indemnify and save LESSOR, its agents, servants and employees, harmless from any and all daims, actions, proceedings, damages, liabilities, judgments, orders, decrees, awards, costs, expenses, attorneys' fees, and claims on account of damage to property or injuries to person (including death) which may be sustained by LESSEE, its agents, servants, employees, licensees, invitees, operators, users, individual lessees, or any other person or entity, arising out of or in connection with the lease, maintenance, operation, possession or use of the VEHICLE(S), except that LESSEE shall have no liability to LESSOR for damages or costs incident thereto caused by the sole negligence of LESSOR. 11, LESSEE shall not have the right to assign this lease without the written consent.of LESSOR. LESSOR shall have the right to assign this lease. 12. LESSEE agrees to collect and remit any and all sales, use and other taxes payable in any state, county, or city where LESSOR'S VEHICLE(S) is located, used and operated by LESSEE. 13. 1....... agree.., at it.. ..ole QgEt ..AQ eXFeR..e, to eFRpl9Y Iii FReQRaRiQ t9 prg'Jise f9r row&iAe FRaiAteAaRQg "ftRe ve~ICI..Ii(i} iRGh:,siR!J, bl:ft Rat IiFRites te, ke8FiRfj tR8 V!;~ICl~(S) eleaR aRs ereeFly, d:laRgiAg flat tires, eRargiRg flAg ...~t8ARg th9 b'itt9ri99. 11191. aI''''''' ^+h.ftp r^ll+ir'l.o "",,~i...+.o"~...,...ft pr^,..ol'4llr.o~ rO"'I"'I",,"'U:lnrtarl "'1' I ~~~nD ~ LESSOR agrees, at its sole cost and expense, to furnish at periodic intervals a mechanic for performance of non-routine maintenance procedures and major repairs not resulting from accident, vandalism, user abuse, collision, fire or act of God. 14. LESSOR retains the right, without judicial process, to withdraw the VEHICLE(S) covered by this lease agreement for non-payment of the rent provided for in paragraph 4 hereof or for user abuse beyond ordinary and reasonable wear and tear. LESSEE acknowledges that LESSOR may from time to time withdraw the VEHICLE(S) and lor certain items thereof for maintenance under this agreement, but LESSOR will endeavor to furnish a like replacement of same if any VEHICLE(S) will be out of service for an extended period of time, 15, At the termination of this lease, the VEHICLE(S) shall be returned by LESSEE to LESSOR at the same place where it received delivery in the same condition as when received by LESSEE with ordinary and reasonable wear and tear excepted. If LESSEE does not return the VEHICLE{S) as provided for herein, LESSOR may repossess the same at any time without demand or notice and wherever same may be located and without any court order or process of law, and may enter upon the premises of LESSEE for that purpose. In such event, LESSOR shall hold the VEHICLE(S) so repossessed free and clear of this lease and any rights of LESSEE hereunder. 16 This lease is executed in Augusta, Georgia and the interpretation thereof shall be construed in accordance with the laws of the State of Georgia. IN WITNESS WHEREOF, the parties have duly executed this lease as of the day any year first above written. LESSOR:- CLUB CAR, INC BY: TITLE: tf,u..~J a~, , Lease# / orb r / Y Lessee Lessor