Pontoon Rental Agreement
SHORT TERM PONTOON RENTAL AGREEMENT
THIS LEASE BETWEEN:
Richardson Properties of Southwestern Michigan
1083 Haslett Road
Haslett, MI 48840
(Hereinafter referred to as the OWNER)
AND
(Hereinafter referred to as the LESSEE)
IT IS AGREED that the Owner shall lease to the Lessee and that the Lessee shall lease from
the OWNER upon the terms and conditions set forth below: THIS LEASE CONTAINS FIVE (5)
PAGES
1. PONTOON
The Pontoon to be rented is a 2004 Smoker Craft 816 Infinity Cruise Serial # smk65199a404
with 25 horse power 4 stroke Mercury model # 25ELPT 4S BF out board motor Serial #
OT805392-04, and shall include all items associated with the same (hereinafter referred to as
the “Pontoon”).
2. TERM
The term shall commence on To Be Determined 3:00 PM and shall terminate at 11:00 am to
be determined unless sooner terminated as provided below.
3. LEASING FEES
The Lessee shall pay Richardson Properties the sum of $ 100.00 ONE HUNDRED DOLLARS
PER DAY payable in advance no later then two week before the rental. Rent shall be paid at
1083 Haslett Road Haslett, MI 48840.
4. USE
The Pontoon is to be operated by person(s) 18 and older only, supervised by the lessee.
The use of alcoholic beverage by operator of Pontoon is prohibited. Lessee agrees to follow
all local, state, and federal laws regarding the operation of the Pontoon. In this regard,
Lessee agrees to have knowledge of all applicable ordinances and statutes and requirements
of all municipal, state and federal authorities. The Pontoon is to be used only during day light
hours and is to be used only on the date(s) above any other use is subject to extra charges
taken out of deposit. The Fuel tank(s) are full upon renting Pontoon and need to be returned
full at end of rental. If fuel tank(s) are not filled after use the fee is TEN ($10.00) per gallon.
When Pontoon is not in use play pen cover will be on to protect the Pontoon. The Pontoon is
to be clean, rubbish free after rental, and cooler to be cleaned.
5. CONDUCT AND PETS.
The conduct of the lessee, and that of the other occupants and guests, shall never be
disorderly, boisterous, or unlawful, and shall not disturb the rights, comforts or conveniences
of others. In this regard, Lessee agrees to have knowledge of all applicable ordinances and
statutes. No pets shall be brought on the Pontoon.
6. ORDINANCES AND STATUTES.
The Lessee shall comply with all statutes, ordinances and requirements of all municipal, state
and federal authorities now in force pertaining to the use and condition of the premises. In
this regard, Lessee agrees to have knowledge of all applicable ordinances and statutes and
requirements of all municipal, state and federal authorities.
7. MAINTENANCE, REPAIRS AND ALTERATIONS.
Lessee acknowledges that except as set forth herein the Pontoon and the related equipment,
furniture, coolers, and tables which are the property of the owner are in good working order
and these items provided with the unit are not to be removed from this unit or loaned at any
time. Lessee shall at lessee expense maintain the Pontoon in a clean and sanitary manner
and shall surrender the same at termination in as good a condition as received, ordinary wear
and tear expected. It shall be the sole duty of the lessee if discovered and to immediately
notify the owner via E-Mail or telephone of any dangerous or unsafe condition and the lessee
shall immediately take such action as may be necessary to prevent injury to persons using,
occupying the Pontoon. Lessee shall be responsible for damage to the Pontoon or its
contents resulting from the acts, omissions of acts, or negligence, accidents of Lessee,
Lessee’s family, guests or invitee. The lessee shall notify the Owner prior to making any
repairs exceeding per occurrence amount of ONE HUNDRED DOLLARS ($100.00) unless an
immediate repair is needed for protection of persons or property.
8. WAIVER OF LIABILITY AND INDEMNIFICATION.
Owner shall not be liable for any damage or injury to lessee, and / or any other person, or
property that may occur from the uses of the Pontoon or any other part thereof. In this
regard, Lessee agrees to indemnify, defend, and hold harmless Owner, its directors, officers,
employees, agents, heirs, assigns and any affiliates against any and all claims, demands,
actions, suits, judgments, liabilities, costs and expenses, including actual attorney’s fees
(such fees also to include those in connection with all post-judgment and appellate
proceedings), for any and all injury(ies) to persons (including death) and physical damage to
property which stems from, is caused by, related to, or arising from the negligent acts, willful
misconduct, and/or directions/instructions of Lessee, his/her/their agents, employees, heirs
and invitees. In no event, shall Owner its directors, officers, employees, agents, heirs, assigns
and any affiliates, be responsible for indemnifying, defending and/or holding Lessee,
his/her/their agents, employees, heirs and invitees harmless from any loss and/or claims,
actions, damages, liabilities and expenses, arising from the conduct of Owner, its directors,
officers, employees, agents, heirs, assigns and any affiliates; or stemming from the condition
of the premises.
9. SECURITY DEPOSIT.
Lessee shall pay deposit of Two Hundred ($200.00) DOLLARS to secure the lessees
performance under this lease prior to renting this unit. The owner shall use this security
deposit to reimburse owner for actual damages to the Pontoon and its contents, property, or
to pay any rent, refueling fees for not refueling gas tanks by the lessee and such other
purposes as may be permitted by law. The balance, if any, shall be returned to the Lessee.
The security deposit shall be held by the Owner at: Fifth Third Bank OKEMOS, MI 48864. If
renting the Tubbs Lake Cottage from Richardson Properties Lessee/lessee agrees to allow
Owner/owner to use the cottage security deposit in conjunction with the Pontoon rental.
10. WAIVER.
No failure of the Owner to enforce any term of this lease shall be deemed a waiver nor shall
any acceptance of a partial payment of rent be deemed a waiver of Owner’s right to the full
amount due.
11. USES AFTER LEASE EXPIRE.
Any use after the expiration of this lease by the lessee shall only be with a new lease or
extension of current lease verbally by the owner. Any use by the lease after the expiration of
this lease without the written or verbal consent by owner shall be liable for two times the daily
leasing fee TWO HUNDRED ($200.00) per day payable under this lease and lessee shall be
responsible for all incidental and consequential damages incurred by the owners as a result
of such holding over, including but not limited to all actual attorney fees and costs paid by the
Owner in any action.
12. MULTIPLE PARTIES.
In the event more than one person or entity executes this lease as owner or lessee, the
promises, covenants and obligations of this lease shall be the joint and several liability of the
persons or entities executing this lease as Owner or Lessee as the case may be. In this
regard, the signature of any party binds all persons using the Pontoon as if they had also
signed this lease agreement.
13. CONTROLLED SUBSTANCE.
Lessee agrees that Lessee will not allow the possession, use or sale of any controlled or
hazardous substance on the Pontoon where possession, use, or sale is illegal. In the event
that the lessee violates this provision, the owner may, with or without notice to the lessee,
immediately terminate this rental agreement.
14. NO WARRANTIES TRANSFERRED.
Lessee agrees that Lessee is leasing the Pontoon and the same is being leased “AS- IS,”
with no express or implied warranties of any type as to its condition. ALL IMPLIED
WARRANTIES EXISTING UNDER ANY APPLICABLE LAW WITH RESPECT TO THE
CONDITION OF THE PREMISES ARE HEREBY EXPRESSLY DISCLAIMED AND NEGATED BY
OWNER. PARTICULARLY, WITHOUT LIMITING THE FOREGOING, THE OWNER HEREBY
NEGATES AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY,
HABITABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE/USE. OWNER AND LESSEE AGREE THAT, TO THE EXTENT REQUIRED BY
APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF IMPLIED WARRANTIES
CONTAINED IN THIS SECTION ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSE
OF ANY APPLICABLE LAW, RULE OR ORDER.
15. ASSIGNMENT; SUBLETTING: Lessee agrees not to assign, sublease, or transfer the
leasehold interest in the Pontoon granted under this lease without first receiving the prior
written consent of Owner.
16. DEFAULT: If Lessee: (1) defaults in making any payment under this lease when due or
violates or fails to perform any of the terms and provisions contained in this lease, (2) violates
any provision of this lease, (3) becomes insolvent, files a petition in bankruptcy, has a
receiver appointed, executes an assignment for the benefit of creditors, ceases doing
business as a going concern, has a writ of attachment, garnishment, execution, or other legal
process issued against Lessee, the Pontoon, or any of Lessee’s other property, or attempts
to remove, sell, transfer, encumber, sublet, or part with possession of the Pontoon, then
Lessee, or its agents, may, without demand or notice, terminate this lease agreement and
enter, with or without process of law, into the Pontoon and take possession of the Pontoon.
Lessee expressly waives all further rights to possession of the Pontoon and all claims for
injury suffered through or loss caused by the repossession. Lessee shall pay all costs and
expenses of retaking the Pontoon, including, but not limited to, Owner’s actual attorney fees
and costs.
17. SEVERABILITY: If any provisions or clause of this lease or application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the lease which can be given effect without the invalid provision or application,
and to this end the provisions of this lease are declared to be severable.
18. INTENDED USE: It is understood and agreed that this Pontoon will be used by the
Lessee for the stated period and solely for the purpose for which said Pontoon was leased
and intended.
19. NO ORAL MODIFICATION OF AGREEMENT: This lease may not be modified except by
a writing signed by both parties to this lease.
20. FORCE MAJEURE: Owner shall not be liable for its failure to perform or for delay in
performance of its obligations under this lease if such performance is prevented, hindered or
delayed by reason of any cause beyond the reasonable control of Owner.
21. ATTORNEY FEES: Lessee agrees to pay all actual attorney fees and other expenses
incurred by Owner in enforcing its rights hereunder.
22. GOVERNING LAW FOR VENUE AND JURISDICTION: This Lease, your rights and
obligations, all actions contemplated by this Lease and performance hereunder shall be
governed by the case and statutory laws of the STATE OF MICHIGAN, as if the Lease was an
agreement wholly entered into and wholly performed within the State of Michigan. Any action
to enforce this Lease or any matter relating to your use of the Premises and any action
taken/instituted by either party, shall be brought exclusively in the United States District Court
for the Western District of Michigan, or if there is no jurisdiction in such court, then in a state
court in Ingham County.
23. INTERPRETATION: The laws of the State of Michigan shall interpret this Agreement and
this lease agreement shall be construed as if drafted by both parties.
24. HEADINGS: The headings contained in this lease are for convenience only and are not to
define, explain, modify, or aid in interpreting the contents of this lease.
25. BINDING EFFECT: This lease shall be binding upon and shall inure to the benefit of
Owner and Lessee and their respective heirs, administrators, successors, invitees and
assigns.
26. COUNTERPARTS: This lease may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
instrument.
27. GENDER AND NUMBER: As used in this lease, unless the context clearly indicates the
contrary, the singular number shall include the plural, the plural the singular, and the use of
any gender or neuter shall be applicable to all genders and neuters.
28. Lease origination
It is agreed that lease was originated in Haslett Michigan, Township of Meridian, County of
Ingham.
Date ___________________________________
LESSEE
LESSEE
OWNER
William R. Richardson
THIS LEASE BETWEEN:
Richardson Properties of Southwestern Michigan
1083 Haslett Road
Haslett, MI 48840
(Hereinafter referred to as the OWNER)
AND
(Hereinafter referred to as the LESSEE)
IT IS AGREED that the Owner shall lease to the Lessee and that the Lessee shall lease from
the OWNER upon the terms and conditions set forth below: THIS LEASE CONTAINS FIVE (5)
PAGES
1. PONTOON
The Pontoon to be rented is a 2004 Smoker Craft 816 Infinity Cruise Serial # smk65199a404
with 25 horse power 4 stroke Mercury model # 25ELPT 4S BF out board motor Serial #
OT805392-04, and shall include all items associated with the same (hereinafter referred to as
the “Pontoon”).
2. TERM
The term shall commence on To Be Determined 3:00 PM and shall terminate at 11:00 am to
be determined unless sooner terminated as provided below.
3. LEASING FEES
The Lessee shall pay Richardson Properties the sum of $ 100.00 ONE HUNDRED DOLLARS
PER DAY payable in advance no later then two week before the rental. Rent shall be paid at
1083 Haslett Road Haslett, MI 48840.
4. USE
The Pontoon is to be operated by person(s) 18 and older only, supervised by the lessee.
The use of alcoholic beverage by operator of Pontoon is prohibited. Lessee agrees to follow
all local, state, and federal laws regarding the operation of the Pontoon. In this regard,
Lessee agrees to have knowledge of all applicable ordinances and statutes and requirements
of all municipal, state and federal authorities. The Pontoon is to be used only during day light
hours and is to be used only on the date(s) above any other use is subject to extra charges
taken out of deposit. The Fuel tank(s) are full upon renting Pontoon and need to be returned
full at end of rental. If fuel tank(s) are not filled after use the fee is TEN ($10.00) per gallon.
When Pontoon is not in use play pen cover will be on to protect the Pontoon. The Pontoon is
to be clean, rubbish free after rental, and cooler to be cleaned.
5. CONDUCT AND PETS.
The conduct of the lessee, and that of the other occupants and guests, shall never be
disorderly, boisterous, or unlawful, and shall not disturb the rights, comforts or conveniences
of others. In this regard, Lessee agrees to have knowledge of all applicable ordinances and
statutes. No pets shall be brought on the Pontoon.
6. ORDINANCES AND STATUTES.
The Lessee shall comply with all statutes, ordinances and requirements of all municipal, state
and federal authorities now in force pertaining to the use and condition of the premises. In
this regard, Lessee agrees to have knowledge of all applicable ordinances and statutes and
requirements of all municipal, state and federal authorities.
7. MAINTENANCE, REPAIRS AND ALTERATIONS.
Lessee acknowledges that except as set forth herein the Pontoon and the related equipment,
furniture, coolers, and tables which are the property of the owner are in good working order
and these items provided with the unit are not to be removed from this unit or loaned at any
time. Lessee shall at lessee expense maintain the Pontoon in a clean and sanitary manner
and shall surrender the same at termination in as good a condition as received, ordinary wear
and tear expected. It shall be the sole duty of the lessee if discovered and to immediately
notify the owner via E-Mail or telephone of any dangerous or unsafe condition and the lessee
shall immediately take such action as may be necessary to prevent injury to persons using,
occupying the Pontoon. Lessee shall be responsible for damage to the Pontoon or its
contents resulting from the acts, omissions of acts, or negligence, accidents of Lessee,
Lessee’s family, guests or invitee. The lessee shall notify the Owner prior to making any
repairs exceeding per occurrence amount of ONE HUNDRED DOLLARS ($100.00) unless an
immediate repair is needed for protection of persons or property.
8. WAIVER OF LIABILITY AND INDEMNIFICATION.
Owner shall not be liable for any damage or injury to lessee, and / or any other person, or
property that may occur from the uses of the Pontoon or any other part thereof. In this
regard, Lessee agrees to indemnify, defend, and hold harmless Owner, its directors, officers,
employees, agents, heirs, assigns and any affiliates against any and all claims, demands,
actions, suits, judgments, liabilities, costs and expenses, including actual attorney’s fees
(such fees also to include those in connection with all post-judgment and appellate
proceedings), for any and all injury(ies) to persons (including death) and physical damage to
property which stems from, is caused by, related to, or arising from the negligent acts, willful
misconduct, and/or directions/instructions of Lessee, his/her/their agents, employees, heirs
and invitees. In no event, shall Owner its directors, officers, employees, agents, heirs, assigns
and any affiliates, be responsible for indemnifying, defending and/or holding Lessee,
his/her/their agents, employees, heirs and invitees harmless from any loss and/or claims,
actions, damages, liabilities and expenses, arising from the conduct of Owner, its directors,
officers, employees, agents, heirs, assigns and any affiliates; or stemming from the condition
of the premises.
9. SECURITY DEPOSIT.
Lessee shall pay deposit of Two Hundred ($200.00) DOLLARS to secure the lessees
performance under this lease prior to renting this unit. The owner shall use this security
deposit to reimburse owner for actual damages to the Pontoon and its contents, property, or
to pay any rent, refueling fees for not refueling gas tanks by the lessee and such other
purposes as may be permitted by law. The balance, if any, shall be returned to the Lessee.
The security deposit shall be held by the Owner at: Fifth Third Bank OKEMOS, MI 48864. If
renting the Tubbs Lake Cottage from Richardson Properties Lessee/lessee agrees to allow
Owner/owner to use the cottage security deposit in conjunction with the Pontoon rental.
10. WAIVER.
No failure of the Owner to enforce any term of this lease shall be deemed a waiver nor shall
any acceptance of a partial payment of rent be deemed a waiver of Owner’s right to the full
amount due.
11. USES AFTER LEASE EXPIRE.
Any use after the expiration of this lease by the lessee shall only be with a new lease or
extension of current lease verbally by the owner. Any use by the lease after the expiration of
this lease without the written or verbal consent by owner shall be liable for two times the daily
leasing fee TWO HUNDRED ($200.00) per day payable under this lease and lessee shall be
responsible for all incidental and consequential damages incurred by the owners as a result
of such holding over, including but not limited to all actual attorney fees and costs paid by the
Owner in any action.
12. MULTIPLE PARTIES.
In the event more than one person or entity executes this lease as owner or lessee, the
promises, covenants and obligations of this lease shall be the joint and several liability of the
persons or entities executing this lease as Owner or Lessee as the case may be. In this
regard, the signature of any party binds all persons using the Pontoon as if they had also
signed this lease agreement.
13. CONTROLLED SUBSTANCE.
Lessee agrees that Lessee will not allow the possession, use or sale of any controlled or
hazardous substance on the Pontoon where possession, use, or sale is illegal. In the event
that the lessee violates this provision, the owner may, with or without notice to the lessee,
immediately terminate this rental agreement.
14. NO WARRANTIES TRANSFERRED.
Lessee agrees that Lessee is leasing the Pontoon and the same is being leased “AS- IS,”
with no express or implied warranties of any type as to its condition. ALL IMPLIED
WARRANTIES EXISTING UNDER ANY APPLICABLE LAW WITH RESPECT TO THE
CONDITION OF THE PREMISES ARE HEREBY EXPRESSLY DISCLAIMED AND NEGATED BY
OWNER. PARTICULARLY, WITHOUT LIMITING THE FOREGOING, THE OWNER HEREBY
NEGATES AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY,
HABITABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE/USE. OWNER AND LESSEE AGREE THAT, TO THE EXTENT REQUIRED BY
APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF IMPLIED WARRANTIES
CONTAINED IN THIS SECTION ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSE
OF ANY APPLICABLE LAW, RULE OR ORDER.
15. ASSIGNMENT; SUBLETTING: Lessee agrees not to assign, sublease, or transfer the
leasehold interest in the Pontoon granted under this lease without first receiving the prior
written consent of Owner.
16. DEFAULT: If Lessee: (1) defaults in making any payment under this lease when due or
violates or fails to perform any of the terms and provisions contained in this lease, (2) violates
any provision of this lease, (3) becomes insolvent, files a petition in bankruptcy, has a
receiver appointed, executes an assignment for the benefit of creditors, ceases doing
business as a going concern, has a writ of attachment, garnishment, execution, or other legal
process issued against Lessee, the Pontoon, or any of Lessee’s other property, or attempts
to remove, sell, transfer, encumber, sublet, or part with possession of the Pontoon, then
Lessee, or its agents, may, without demand or notice, terminate this lease agreement and
enter, with or without process of law, into the Pontoon and take possession of the Pontoon.
Lessee expressly waives all further rights to possession of the Pontoon and all claims for
injury suffered through or loss caused by the repossession. Lessee shall pay all costs and
expenses of retaking the Pontoon, including, but not limited to, Owner’s actual attorney fees
and costs.
17. SEVERABILITY: If any provisions or clause of this lease or application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the lease which can be given effect without the invalid provision or application,
and to this end the provisions of this lease are declared to be severable.
18. INTENDED USE: It is understood and agreed that this Pontoon will be used by the
Lessee for the stated period and solely for the purpose for which said Pontoon was leased
and intended.
19. NO ORAL MODIFICATION OF AGREEMENT: This lease may not be modified except by
a writing signed by both parties to this lease.
20. FORCE MAJEURE: Owner shall not be liable for its failure to perform or for delay in
performance of its obligations under this lease if such performance is prevented, hindered or
delayed by reason of any cause beyond the reasonable control of Owner.
21. ATTORNEY FEES: Lessee agrees to pay all actual attorney fees and other expenses
incurred by Owner in enforcing its rights hereunder.
22. GOVERNING LAW FOR VENUE AND JURISDICTION: This Lease, your rights and
obligations, all actions contemplated by this Lease and performance hereunder shall be
governed by the case and statutory laws of the STATE OF MICHIGAN, as if the Lease was an
agreement wholly entered into and wholly performed within the State of Michigan. Any action
to enforce this Lease or any matter relating to your use of the Premises and any action
taken/instituted by either party, shall be brought exclusively in the United States District Court
for the Western District of Michigan, or if there is no jurisdiction in such court, then in a state
court in Ingham County.
23. INTERPRETATION: The laws of the State of Michigan shall interpret this Agreement and
this lease agreement shall be construed as if drafted by both parties.
24. HEADINGS: The headings contained in this lease are for convenience only and are not to
define, explain, modify, or aid in interpreting the contents of this lease.
25. BINDING EFFECT: This lease shall be binding upon and shall inure to the benefit of
Owner and Lessee and their respective heirs, administrators, successors, invitees and
assigns.
26. COUNTERPARTS: This lease may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
instrument.
27. GENDER AND NUMBER: As used in this lease, unless the context clearly indicates the
contrary, the singular number shall include the plural, the plural the singular, and the use of
any gender or neuter shall be applicable to all genders and neuters.
28. Lease origination
It is agreed that lease was originated in Haslett Michigan, Township of Meridian, County of
Ingham.
Date ___________________________________
LESSEE
LESSEE
OWNER
William R. Richardson
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