Golf Cart Lease Agreement
This lease is made on said dates noted above between Shirley Enterprises Ltd. P.O. Box N-9180. Solider Rd., Nassau, Bahamas (the “Lessor”), and the rental party (the “Lessee”).
Witnesseth as follows:
1. That Lessor hereby leases to Lessee, and Lessee leases from Lessor, subject to the terms and conditions herein set forth, the Club Car (the “Property”) as stated above, and Lessee hereby acknowledges delivery and acceptance of the Property upon the terms and conditions of this lease.
2. Lessor hereby leases to Lessee the Property for the purpose of Private Transportation at Albany Development , Nassau Bahamas (hereinafter called “the Location”). All operators of the Property must be at least 18 years of age with a valid driver’s license. Additionally, use of the Property in the following circumstances is prohibited and constitutes a breach of this Lease:
(a) Use for illegal purposes or in an illicit manner
(b) Use when the Property is in bad repair or unsafe
(c) Improper, unintended or misuse
(d) Use by anyone other than the Lessee or without the Lessor’s permission
(e) Use of the Property anywhere other than the Location unless the Lessee is provided with written permission by the Lessor
(f) Rental Carts must be returned to location of pick up fully charged.
3. The term of this lease is per the start and end date noted above.
4. In consideration of said lease, Lessee covenants and agrees as follows:
(a) To pay to Lessor for the possession and use of the Property for the purpose aforesaid, hereinafter called “the Rental Rate”, payable in advance by way of Electronic Wire Transfer or major Credit Card or Member Charge. please note that 12% Value Added Tax will be added to to all Rental Charges as of July 1, 2018.
(b) To safely keep and carefully use the Property and not sell or attempt to sell, remove or attempt to remove the same or any part thereof from the Location, except as agreed in writing by the Lessor.
(c) Lessee shall, during the term of this lease and until return and delivery of the Property to Lessor, abide by and conform to, and cause others to abide by and conform to, all laws and governmental orders, rules and regulations, including any future amendments thereto, controlling or in any manner affecting the operation of the Property.
(d) Lessee shall pay all taxes, assessments and charges on the Property for its use during the time he is in possession of the same, imposed by public, or other authority and shall hold the Lessor free and harmless therefrom and will fully indemnify the Lessor for any such taxes, assessments and charges.
(e) Lessee accepts the Property in its present condition. The Lessee acknowledges that he has had an opportunity to personally inspect the Property and finds it suitable for his needs and in good condition and that he understands its proper use. The Lessee also acknowledges his duty to inspect the Property prior to use and to notify the Lessor of any defects. During the term of this lease and until return and delivery of the Property to the Lessor, the Lessee shall maintain the Property the same condition in which he received the same, reasonable wear and tear excepted, and the Lessee shall repair at his own expense any damages to the Property caused by the operation or use of the Property by the Lessee or by any other person operating the Property during the term of this lease and until delivery of the Property to Lessor. In the event the Property becomes unsafe or in disrepair as a result of normal use the Lessee agrees to discontinue use of the Property and immediately notify the Lessor who will replace the Property with similar Property in good working order, if available. The Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise. There is no warranty the Property is suited for the Lessee’s intended use or that it is free from defects.
(f) Neither the Lessee nor any others shall have the right to incur any mechanic’s or other lien in connection with the repair, maintenance or storage of the Property, and the Lessee agrees that neither he nor others will attempt to convey or mortgage or create any lien of any kind or character against the Property or do anything or take any action that might cause any such lien to arise and be imposed upon the Property.
(g) Lessee shall be responsible for and liable to Lessor for, and indemnify Lessor against, any and all damage(s) to the Property, which occurs in any manner from any cause or causes during the term of this lease and/or until return and delivery of the Property to Lessor. Lessee shall be responsible and liable for any claim or claims of any kind whatsoever including but not limited to any and all liability for personal injuries, death or property damages arising from the use or possession of the Property during the term of this Lease and hereby agrees to hold the Lessor harmless against any such claims and will fully indemnify the Lessor for any damages, costs fees and assessments arising from any persons possession and/or operation of the Property during the term of this Lease., The Lessee shall promptly pay any such damages, costs fees and assessments.
(h) Lessee will keep the Property insured with an insurance company approved in writing by the Lessor during the Term of this Lease and until possession of the Property shall be returned to the possession of the Lessor, The insurance coverage shall identify the Lessor as the loss payee and shall provide for the following coverage:
(1) against loss or damage from any cause or causes to the Property for the full replacement value thereof and (2) against liability for personal injuries, death, or property damages, or any of them, to anyone arising or in any manner occasioned by the acts or negligence of Lessee or others operating or being in possession of the Property during the term of this Lease and until the Property shall have been delivered to the Lessor
(i) Lessee shall return and deliver, at the expiration of the term herein granted, the Property to the Lessor in the same condition in which he received the Property, reasonable wear and tear excepted.
(j) It is mutually agreed that in case Lessee shall violate any of the aforesaid covenants, terms and conditions Lessor may at his option without notice terminate this lease and take possession of said Property wherever found.
5. The Lessor may assign this Lease and the rights hereunder without the Lessees consent however the Lessee shall not sublet this Lease or assign his interest without the consent of the Lessor. Any purported assignment by the Lessee is void.
6. The Lessee’s right to possession terminates upon the expiration of the term of this Lease and retention of the Property after the expiration of the said term constitutes a material breach of this Lease. Any extension of this Lease must be agreed in writing by the Lessor. In the event the Property is returned to the Lessor after the expiration of the term of this Lease as aforesaid and without the written authorization of the Lessor, the Lessee will pay to the Lessor an additional sum of US$300.00 for each day the Property has not been returned to the Lessor.
7. The Lessee agrees to return the Property to the Lessor during the normal working hours of the Lessor. In the event the Lessor agrees to extend the term of this Lease as aforesaid, the Rental Rate based upon a pro rata basis as appropriate shall continue to apply for the extension of the term of this Lease.
8. The Lessor agrees to pay for any damage to or loss of the property as an insurer regardless of cause and accept reasonable wear and tear while the property is out of the possession of the Lessor. Accrued rental charges cannot be applied against the purchase or cost of repair or damage or for lost or stolen property for components comprising the Property.
9. Property or components thereof lost, stolen or damaged beyond repair will be paid for at its current list price. The cost of repairs will be borne by the Lessee whether performed by the Lessor or at the Lessor’s option by others.
10. All sums due hereunder are payable as foresaid and upon the expiration of the term hereby created a charge of 2% of the rental rate per month will apply to any outstanding sums due.
11. The Lessee agrees to pay all reasonable collection, attorneys, court fees and any other expenses involved in the collection of the sums due hereunder or enforcement of the Lessor’s rights under this Lease.
12. Upon failure to pay the rental rate or other breach of this Lease, the Lessor may terminate this Lease and take possession of and remove the Property from wherever the same is situate and the Lessor and his agents shall not be liable for any claims for damage or trespass arising out of the removable of the Property.
13. Should any terms and conditions of this Lease be deemed unlawful pursuant to the Laws of The Bahamas the offending provisions of this Lease shall be severed so that the invalidity of the offending items shall not affect the remaining provisions.
14. The Property will be driven in a safe, slow and careful manner and shall at no time exceed any personal designated speed limit.
15. At all times drivers and/or operators of the Property will yield to the pedestrians.
16. Anyone observed driving in a careless or unsafe manner will entitle the Lessor to terminate this Lease and take possession of the Property.
17. The number of passengers in the Property may not exceed the manufacturer’s designated and installed seating capacity.
18. All passengers must be seated during operation.
19. Alcoholic beverages are not permitted in any of the Golf Carts comprising the Property except for delivery purposes only.
20. No Alcohol is to be consumed by any driver or passenger while the Property is in use and no driver or operator shall operate any Golf Cart comprising the Property while under the influence of alcohol.
21. Only golf carts comprising the property installed with front head lights and rear running lights may be operated after daylight hours.
22. During the term of this Lease and until the Property has been returned to the Lessor, the Lessee shall be responsible for any fines and/or other charges arising by virtue of any parking violations or other breaches of appropriate rules, regulations and laws of The Commonwealth of The Bahamas and will promptly pay the same immediately upon demand by the Lessor.
23. The Lessee agrees to keep a golf cart charger in their garage away from harmful and damaging elements including foul weather and ensure that the carts are adequately charged at all times. It is recommended that the Property be left on charge when not in use and this is the Lessee’s responsibility. All charges arising by virtue of charging the Property are the responsibility of the Lessee. Service calls made to the Lessor to charge the Property as a result of an inadequate charge that is not caused by mechanical fault will be billed to the Lessee at a rate of US$150 per call.
24. THE LESSEE AGREES TO RETURN THE PROPERTY (Vehicle) TO THE POINT OF PICK UP; IN A FULLY CHARGED STATE. FAILURE TO RETURN THE PROPERTY (Vehicle) TO THE POINT OF PICK UP WILL RESULT IN A $75.00 LOCATING FEE. THE LESSEE FURTHER AGREES TO ENSURE PROPER CHARGING PROCEDURES ARE FOLLOWED AND ENSURE THE PROPERTY (Vehicle) IS IN A FULLY CHARGED STATE. PROPERTY (Vehicle) RETURNED IN A DISCHARGED STATE WILL INCUR A FEE OF $150.00. TO ENSURE THE LESSEE DOES NOT INCUR THE CHARGES LISTED HERE; IT IS STRONGLY RECOMMENDED THAT PROPERTY (Vehicle) BE LEFT ON CHARGE OVERNIGHT AT THE LOCATION OF PICK UP TO ENSURE FULL CHARGE AT TIME OF RETURN.
25. This Agreement shall be governed by the laws of the Commonwealth of The Bahamas and any disputes arising hereunder shall be determined by the Courts of the said Commonwealth unless otherwise agreed in writing between the parties hereto.
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