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Home My WebLink AboutClub Car,Inc Augusta Richmond GA DOCUMENT NAME: QlU'o Qa\, '''C. DOCUMENT TYPE: \ eaSL YEAR: C\~ BOX NUMBER: D,s FILE NUMBER: \ ~l9- NUMBER OF PAGES: L\ ,~ ~.' . -. _. ~t'f"~ ~ - 'V ;;~ ~. '0 ~. - - Club Gar . I - 1 Lease No. 106-560 This lease made this ~ day of November, 1997 by and betWeen CLUB CAR, INC., hereinafter referred to as thL:i)~ "LESSOR" and CITY OF AUGUSTA, whose address is 18iil O'.'rFflrH3 eR.. rH~MII At16l18'fA. ~~ 19~ ~ J1 hereinafter referred to as the "LESSEE", its successors and: assigns. ~{JI ~~...-. S4--..f;' 1""' nt, ?"'(a.. VEHICLE LEASE AGREEMENT (Short Term) 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 shallocommenceon'or about December 14. 1997-andshall:continue,untiJ December 14. -1997: so' long asLESSEE carries out th€derm-sandconditions 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)": -II' II \i (: II 'I I' !; QUANTITY DESCRIPTION 11 .9 . . , CLUB CAR Golf Cars CLUB CAR Utility Cars -...~ .. , -. . CARRYALLS TO HAVE SIDES SERIAL NUMBERS LOCATION OFVEHICLE(S) Address: AUGUSTA JAYCEES CITY STABLES 1356 BROAD ST. AUGUSTA, GA 30909 RICHMOND County: -- ---._--~-- -.--~ - If serial numbers of the VEHICLES are not available at the time of the execution of this lease, LESSEE authorizes LESSOR to list such serial numbers o~.LESSOR'S copy and to make same available to LESSEE upon request. _.~:I " il 'I II ~. j' 4. LESSEE shall pay to LESSOR as rental for the VEHICL!=(S) $150.00 TRANSPORTATION FEE per term. 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. In the event this lease is placed in the hands of an attorney to ,recover any monies due and to become due'hereunder, "or for the possession of the VEHICLE(S) or otherwise to enforce LESSOR'S rights hereunder, LESSEE shall pay LESSOR'S reasonable expenses and attorneys' fees in connection therewith. ,..... I f}/,-;flO '''~;-/0ZI ~ . -;~ ~..,> '~!~ ~ EO t" 1\ 5. SO LONG AS THE VEHICLE(S) REMAINS IN POSSESSION OF LESSEE, LESSEE SHALL AT ITS SOLE COST AND EXPENSE: (a) MAINTAIN AND KEEP IN EFFECT VALID AND COLLECTIBLE PUBLIC LIABILITY INSURANCE COVERING ANY AND ALL CLAIMS, DAMAGES, ACTIONS OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE OWNERSHIP, POSSESSION, MAINTENANCE, USE, LOADING, UNLOADING, LEASE OR RENTAL OF THE VEHICLE(S) IN AN AMOUNT NOT LESS THAN $1,000,000, AND (b) KEEP THE VEHICLE(S) FULLY INSURED AGAINST LOSS, THEFT, DAMAGE, FIRE, DESTRUCTION OR VANDALISM WITH RESPONSIBLE COMPANIES IN A FORM SATISFACTORY TO LESSOR. ALL INSURANCE PROVIDED BY LESSEE HEREUNDER SHALL PROTECT,AS THEIR INTERESTS MAY APPEAR, THE LESSOR AND THE LESSEE, WITH LESSOR NAMED AS ANADDIT,IONAL INSURED; SHALL BE PRIMARY TO ANY INSURANCE MAINTAINED BY LESSOR FOR ITS OWN AND EXCLUSIVE BENEFIT; AND SHALL PROVIDE THAT THE COVERAGE THEREUNDER MAY NOT BE TERMINATED WITHOUT THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO LESSOR. LESSEE SHALL, AT LESSOR'S REQUEST, FURNISH LESSOR WITH A CERTIFICATE SHOWING SUCH INSURANCE COVERAG.ES TO BE IN FULL FORCE AND EFFECT. 6. LESSEE 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 . angJitJor the purppseintended. . -<---., - .. "~I - .. . LESSOR'S SOLE AND EXCLUSIVE WARRANTY TO LESSEE IS THAT THE VEHICLE(S) WILL BE IN OPERATING CONDITION WHEN RECEIVED BY LESSEE. 11 !I il Ii ,I Ii !! !' Ii 'I .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. ___.__~. '. _ n . '.,.-- --..... , _ _~---1; 9. LESSEE agrees to safely store the VEHICLE(S) under roof and to properly 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 solely 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 m'anner 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. II 10. LESSEE shall fully indemnify and save LESSOR, its agents, servants and employees, harmless from any and all claims, 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).,y-Ihich may be . L..... L<)4~5W ~L'''''~ ~ '~~.~~:~ ~ v~ 'i' :t;c 7 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, .po~session 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 wi.thout the written consent of LESSOR. LESSOR shall have the right to assign this lease. . 12. LESSEE agrees to collect and remit any and ail 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. LESSEE agrees, at its sole cost and expense, to employ a mechanic to provide for routine maintenance of the VEHICLE(S) including, but not limited to, keeping the VEHICLE(S) clean and orderly, changing flat tires, charging and watering the batteries, fuel, and other routine maintenance procedures recommended by LESSOR. LESSOR agrees, at its sole cost and expense, to furnish at periodic intervals a mechanic for performance of non-routine maintenance procedures arid major repairs not resulting from accident, vandalism, user abuse, .- ~ collislol), fixe 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 retur~ 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 execu!ed this lease as of the day and year first above written. LESSOR: , ___-_ ___..JL 1/ I! ,I I, iI I' ii I' I " ;1 II L II I Lease# /~L,,~W A L....'~/ euJ ~?~ ~~~~J Golf, Transportation and Utility Vehicles Club Car, Inc. Post Office Box 204658 Augusta, Georgia 30917-4658 (706) 863-3000 Fax (706) 860-7231 December 8,1997 CITY OF AUGUSTA AITN: HUMAN RESOURCE DEPT. 530 GREENE STREET AUGUSTA, GA 30909 GENTLEMEN: Please find enclosed your origina1lease # 1 06- 560. Thank you for choosing Club Car. Sincerely, Mary R. Jacobson Inventory Control Administrator. Ene. CLUB CAR INGERSOll-AAND