Daniel Island Marina & Boat Club 669 Marina Dr., Ste. B11 Charleston, SC Phone: (843) Fax: (843)

Transcription

1 Daniel Island Marina & Boat Club 669 Marina Dr., Ste. B11 Charleston, SC Phone: (843) Fax: (843) BOAT SPACE RENTAL AGREEMENT Slip or Space No. This agreement entered into this day of, 2014 by and between Daniel Island Marina Operations LLC. And/or its assigns, (herein referred to as LANDLORD ) and the following party (herein referred to as TENANT ), subject to the following terms and conditions: A. TENANT INFORMATION Name: Street Address: City: State: Zip: Phone Numbers: Home: ( )- - Work: ( )- - Authorized Users: Cell: ( )- - Address: Tenant s Insurance Co. Address: Policy No: B. TERM. This SPACE RENTAL AGREEMENT is for a period from, 2014 to, 201 inclusive. It is agreed that the term of this agreement is. C. RENEWAL. This agreement may be renewable for additional periods upon agreement of both parties as to rates, conditions, space involved, and payment of all specified fees and services. D. BOAT. Name of boat: Make: Model: Year: Registration No.: E. RATES. 1. Dockage: WETSLIP DRY STACK All rates are based on total overall length. For the purpose of this contract, overall length includes bow sprits, swim platforms, outboard motors and anything attached to the vessel. Billing Length (20 ft. Minimum Billing Length) Billing Rate: $ per foot / month Rent Paid in One Payment $. Rent Paid in Installments. Installment amount: $ Due Rent Paid Monthly. Rent Amount: $ Due on the First of each Month 2. Electrical Service a. The rate for electrical service for wetslips is $.15/KW with a minimum charge of $15/mo. b. The rate for electrical service for drystack is $5/day. 3. Interest. Interest at the rate of 1.5% per month will be added to all past due accounts. An account is past due five (5) days following the due date. INVOICES ARE PAYABLE ON RECEIPT. FAILURE TO PAY WITHIN 15 CALENDAR DAYS FROM INVOICE WILL RESULT IN CANCELLATION OF THIS AGREEMENT. LANDLORD RESERVES ALL RIGHTS OF SLIP REASSIGNMENT. LANDLORD (INITIALS) TENANT (INITIALS)

2 F. LANDLORD LIEN. TENANT AGREES THAT ALL CHARGES FOR SPACE RENTAL, REPAIRS, GAS, OIL, HARDWARE, ACCESSORIES OR ANY OTHER SERVICES OR MATERIALS ACCRUING UNDER THE TERMS OF THIS CONTRACT SHALL GIVE THE LANDLORD A VALID LIEN UPON THE TENANT S BOAT AND/OR MOTOR AND THAT NO BOAT SHALL BE REMOVED FROM THE LANDLORD S PREMISES UNTIL ALL CHARGES ARE PAID. G. CHOICE OF LAW. It is agreed that this contract is performable and venue shall be in the State and County of LANDLORD. All noticed required by this Boat Space Rental Agreement or the Law shall be addressed herein. H. DRYSTACK LAUNCH. If the vessel of tenant is stored in the marina drystack facility, the boat owner shall be entitled to one launch per day. In the event additional launches are requested, they shall be subject to an additional charge. I. ADDITIONAL TERMS AND CONDITIONS. 1. LANDLORD reserves the right to assign dock/dry storage space and to reassign dock/dry storage space at any time. 2. The LANDLORD reserves the right to lease or refuse to lease to any person for any good or pertinent reason. 3. It is agreed between both parties that TENANT shall not assign, transfer or permit the use of assigned space to any other party without written consent of the LANDLORD. 4.TENANT agrees that only reasonable and customary use will be made of the docks and facilities covered hereby, and that no unnecessary wear and tear, disturbance, nuisance, rubbish or garbage will be permitted on the dock or premises, and that the TENANT will keep dock and premises covered hereby free and clear of gear, tackle and all other obstructions, and further agrees to throw nothing, including treated or untreated effluent or sewage from heads or holding tanks in the water. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT NO ONE IS ALLOWED TO LIVE ABOARD ANY BOAT DOCKED AT THE MARINA. 5. Special Notice: Dry Stack Storage-It is and shall remain the exclusive and sole responsibility of the boat owner to secure and to insure the proper positioning and safety of the vessel s accessories, equipment and appurtenance during movement to or from the drystack storage, or during such storage, with regard to the following accessories, equipment and appurtenances: a. Trim Tabs: The proper positioning of all trim tabs shall be the responsibility of the boat owner; Marina is not responsible for damage. b. Boat Top: Boat owner is solely responsible for insuring that all tops, bimini or canvas tops or covers or any vessel subject to this agreement are lowered prior to movement to or from drystack storage, accordingly, boat owner acknowledges that he shall be solely responsible for any damage to the vessel top or cover, and that in no case shall any such damage be the responsibility of the marina. c. Battery and Electrical: Boat owner is solely responsible for insuring that all switches controlling batteries or electrical systems or equipment are turned off prior to drystack storage. Boat owner shall be responsible for clearly marking the location of all such switches in a plain and visible manner. In moving any vessel to or from the drystack storage, marina shall not be responsible for any damage to speedometer pickups, depth sounder transducers, trim tabs, bimini or canvas tops, radio or loran antennas, outriggers, flag masts or for any manufacturer s imperfections or hull weakness, or any other items attached in the boat other than the normal running gear. 6. Boat Owner is responsible for insuring that all gasoline-powered boats in wet and dry storage have aboard an automatic fire extinguisher system, i.e. halon, and battery disconnect switches, installed prior to occupying any portion of the marina storage space. Mooring covers are highly recommended for dry storage, so as to protect vessel and any contents from any soilage or drainage from other vessels stacked above, which landlord shall not be responsible for. 7. Any damage allegedly occurring while vessel is in storage or undergoing repair must be reported to marina before the vessel leaves the dock. Marina is not responsible for minor damage occurring as a result of normal in and out handling. Marina will be responsible only for the gross negligence of its employees as provided for herein. All vessels will be measured and inspected prior to gaining access to storage space. 8. Any infraction of the rules and regulations contained herein or as posted in the office by the LANDLORD shall, at the option of the LANDLORD, cancel this lease agreement upon ten (10) days notice, and the TENANT shall remove his boat from the marina premises. 9. If TENANT desires to dock or store a boat other than the one described within, said TENANT must first secure permission of the LANDLORD and pay any additional fees, as applicable. 10. The LANDLORD cannot and does not guarantee the continuity of electrical service where provided. 11. The use of torches or open flame, inflammable or toxic removers, or any other hazardous equipment is prohibited. 12. The LANDLORD will not be responsible for delays in hauling, launching, winter lay up or commissionings, occasioned by inclement weather or any other circumstances beyond its control. LANDLORD (INITIALS) TENANT (INITIALS)

3 13. A TENANT may work on his own boat if such work does not interfere with the rights, privileges and safety of other persons or property. The LANDLORD shall reserve the right to require any outside mechanic, craftsman or any other persons performing any work on TENANT s boat while in or no the premises of LANDLORD to first provide LANDLORD or his yard manager with a standard certificate of workman s compensation and liability insurance coverage in order to protect the health, safety, welfare and property of other Tenants. Failure to meet these requirements would require that TENANT s boat be removed from the premises of LANDLORD for repairs. Prior to commencing any such outside mechanic, craftsman or other person must agree to protect and hold harmless LANLORD as a result of any injury or damage caused by him. WORKING ON BOATS IS ONLY TO BE DONE IN AREAS DESIGNATED BY LANDLORD. 14. TENANT duly authorizes LANDLORD, it Agents or Employees to move and/or operate TENANT s boat during the making of repairs or for normal marina operations solely at the TENANT s risk. 15. It is UNDERSTOOD AND AGREED that no boat is to be removed from its space unless and until all charges for space rental, services, fuel bills or materials have been paid in full. 16. TENANT AGREES THAT IN THE EVENT SUIT IS BROUGHT ON BEHALF OF THE LANDLORD AGAINST TENANT TO COLLECT ANY AMOUNTS DUE OR TO BECOME DUE HEREUNDER, OR TO ENFORCE ANY APPROPRIATE MARITME OR OTHER LIENS, OR TO PROTECT LANDLORD S INTEREST, THE TENANT SHALL PAY THE LANDLORD S REASONABLE ATTORNEY FEES FOR SUCH SUIT OR COLLECTION PLUS COSTS, AS PROVIDED BY LAW. 17. In the event TENANT fails to remove his boat and property from the space rented to TENANT at the termination of the space rental term as defined in Paragraph B of this agreement, LANDLORD may at is sole option: (1) charge to TENANT S account rent daily on a pro rata basis for each day or portion thereof the space is occupied; (2) avail itself of the remedies provided herein; and (3) avail itself of any other remedy available to LANDLORD under the law. 18. If TENANT becomes delinquent in rental payments, the LANDLORD shall have the right to take over the property of the TENANT and to secure the property to the space occupied, or to store it in any other location. Space made vacant by the removal of property of the TENANT may then be rented to another tenant at the discretion of the LANDLORD. 19. INSURANCE: TENANT agrees that he will keep the boat fully insured with complete marine insurance, including full coverage and indemnity and/or liability insurance. THE LANDLORD DOES NOT CARRY INSURANCE covering the property of the TENANT, THE LANDLORD WILL NOT BE RESPONSIBLE for any injuries or property damage resulting, caused by, or growing out of the use of dock or marina facilities; that the TENANT RELEASES AND DISCHARGES THE LANDLORD from any and all liability from loss, injury (including death), or damages to persons or property sustained while in or on the facilities of LANDLORD, including fire, theft, vandalism, windstorm, high or low waters, hail, rain, ice, collision or accident, or any other Act of God, whether said boat is being parked or hauled by an Agent of LANDLORD or not. TENANT shall protect and hold harmless LANDLORD with regard to any injury or damage to TENANT or any of TENANT s guests or their property and to insure the same, TENANT, shall cause TENANT s insurance policy to show, at no cost to LANDLORD, LANDLORD as an additional insured on the insurance policy carried by TENANT,, pursuant to the terms of this agreement. herein. 20. Operation of the boat shall be restricted to TENANT S SIGNATORY TO THIS AGREEMENT unless otherwise specified IN WRITING 21. TENANT shall provide LANDLORD with a set of main door or hatch and ignition keys. The boats will be entered by LANDLORD only for periodic inspection of for emergency service. 22. IN CASE OF EMERGENCY, as determined by LANDLORD, the LANDLORD shall be authorized to move the subject boat, if possible and practical, to a safer area to protect the boat, property or general welfare if boat is unattended and TENANT cannot be reached. 23. The LANDLORD does not guarantee parking spaces. The LANDLORD may restrict parking by the use of numbered parking placards issued to TENANTS. 24. Nothing may be stored on docks without written consent from the LANDLORD and only in Marine Approved Dock Boxes. 25. LANDLORD reserves the right to provide alternative dockage at LANDLORD s expense for Special Events, including but not limited to, Boat Shows, Fishing Tournaments, Holidays, etc. 26. Children under 6 years of age must wear life jackets and have adult supervision at all times. 27. Pets are permitted at the marina at the discretion of the LANDLORD. All pets must be on a leash. 28. BOATS SINKING: In the event TENANT s boat shall, for any reason, sink while berthed in a slip, at dockside or while otherwise occupying marina waters used by customers of LANDLORD, LANDLORD may, if TENANT cannot be contacted immediately and if said sunken boat constitutes a safety or water navigation hazard to other boaters, take immediate steps to raise and remove and/or repair said boat, all costs shall be at TENANT s expense. 29. ENTIRE AGREEMENT: This agreement contains the entire understanding between the TENANT and the LANDLORD and no other representation or inducement, verbal or written, has been made which is not contained in this agreement, LANDLORD and TENANT agree that if any paragraph or provision violates the law and is unenforceable, the rest of the contract will be valid. LANDLORD (INITIALS) TENANT (INITIALS)

4 30. TENANT shall allow the dockmaster to inspect the sanitation systems. Systems must comply with Federal and State Laws. 31. TENANT understands that is the sole responsibility of TENANT to make sure boat has adequate fuel, oil, etc and LANDLORD will not be held responsible for any deficiency resulting from shortage of such. 32. TENANT understands and agrees that there are services provided by LANDLORD not mentioned in this agreement that TENANT is financially responsible for when provided at the request of TENANT. 33. TENANT UNDERSTANDS THAT LANDLORD MAY TERMINATE THIS LEASE, FOR ANY REASON IT SEES FIT, PROVIDED NO LESS THAN 30 DAYS NOTICE OF TERMINATION SHALL BE GIVEN TO TENANT. LANDLORD SHALL HAVE THE RIGHT TO MOVE THE BOAT TO ANOTHER SUFFICIENT SLIP OR FULLY TERMINATE THIS LEASE WITHOUT PENALTY. IN THE EVENT LANDLORD CHOOSES TO TERMINATE THIS AGREEMENT, TENANT WILL VACATE ITS BELONGINS FROM THE SLIP WITHIN 30 DAYS OF NOTICE FROM LANDLORD. THE PRORATA SHARE OF RENT WILL BE REFUNDED WITHIN 30 DAYS OF REMOVAL OF BOAT. TENANT(S) SHALL CERTIFY THAT THE PRINTED MATTER ON BOTH FRONT AND BACK OF THIS AGREEMENT HAS BEEN READ AND THE TERMS AND CONDITIONS SET FORTH HEREIN ARE FULLY UNDERSTOOD. TENANT(S) FURTHER CERTIFY THAT THEY HAVE EXAMINED THE SPACE IN WHICH THE SUBJECT BOAT IS TO BE PLACED AND FIND IT SUITABLE AND ACCEPTABLE. TENANT(S) acknowledges receipt of a copy of this agreement. LANDLORD: Daniel Island Marina Operations LLC, Accepted by: Principal Tenant BY: Accepted by: Credit Card Authorization Credit Card Information for Account Type of Card: American Express VISA Master Card Discover Name as appears on card: Account #: Expiration: I, the undersigned, hereby authorize Daniel Island Marina Operations LLC, by its designated representative, to charge the above designated credit card account for goods and services requested by me, including dockage fees, electricity, fuel, etc. I hereby warrant that I am a registered and/or documented owner of the vessel to execute this agreement and to incur such charges on behalf of the owner and vessel. Signature: Date:

5 Daniel Island Marina Rules and Regulations 1. Please call (843) concerning all marina business. This includes launches, authorization for the release of your boat and any questions or concerns you may have regarding your boat and your account. 2. You must give us a 1 hour notice to have your boat launched. You must arrive within 30 minutes of your requested launch time. The marina reserves the right to place your boat back into the rack and charge a relaunching fee. 3. The earliest launch is 9 am. You must call by 4 pm for a same day launch- NO EXCEPTIONS 4. Any boat being launched is limited to thirty minutes on the dock after the owner / user arrives. If the boat is not going to leave the dock then it will not be launched. 5. All bimini tops, antennas, outriggers, running lights and flag masts must be placed in the down position before boat is ready to be placed in storage rack. Marina is not responsible for damage to these items if they are left up. Trim tabs must be all the way up when the boat is left to be put into storage. 6. Each boat must have adequate dock lines and fenders. Marina is not responsible for damage caused by a lack thereof. 7. All oil and gas leaks must be repaired immediately or your boat must be removed from the marina until proper repairs are done. Boat owner is responsible for any rack fees related to the removal of the boat from building. 8. All electronics, fishing gear, and valuables must be locked up or removed from boat prior to placing boat in rack. We do not accept responsibility for any property stolen or missing from your boat. 9. ALL Outboard motors must remain in down position while on dock AT ALL TIMES. 10. You must call to authorize for your boat to be released to any mechanics, dealers, brokers, etc. 11. All service work as well as extensive cleaning and detail work is to be done during weekdays only and must be done on the work racks. No power equipment (pressure washers etc.) is allowed on the dock at any time. 12. There will be no trailer launches for mechanics, dealers etc. on the weekends. The only exception to this rule is a new boat being brought in for storage for the first time. Trailer launches are not done for tenants trailers. 13. Work racks are first come first serve. We do not guarantee rack space. No hoses cords etc. are provided. 14. No boats will be placed on a work rack for mechanics on the weekends between March 1 st and October 1 st. 15. If you keep your trailer in storage with us, please remember that you must give us a 24-hour notice to have it pulled out and it will not be pulled out on weekends. NO EXCEPTIONS. 16. If you use the fish cleaning station, please clean the station after each use. Please be considerate of others and share the station if necessary. 17. Boat owner is responsible for any damage caused by a substance leaking from their boat. 18. BOAT STORAGE AREA ACCESS IS RESTRICTED TO MARINA EMPLOYEES ONLY. 19. Absolutely no work or maintenance is to be performed on boats while they are in the boat storage area. 20. If fuel is put in your boat either by request or by mistake, it is yours or you must pay for it. I have read all printed matter on this page and the Rules and Regulations are fully understood and accepted. Accepted By: Date Principal Tenant Accepted By: Date Additional Tenant

6 Non Annual Tenant Addendum Name (Tenant) Daniel Island Marina & Boat Club (Marina) Our goal at Daniel Island Marina & Boat Club is to be 100% occupied with tenants that enjoy the experience so much they stay with us all year. As we approach this goal that means short term tenants will be displaced to accommodate tenants that will commit and pay annually. Daniel Island Marina & Boat Club reserves the right to terminate any lease with a term of less than one year with no penalty provided that a notice of no less than 30 days is given to tenant. In the event the Marina chooses to terminate this lease, tenant will vacate his/her boat and belongings from the premises within 30 days of notice from the Marina. Any rent paid to the Marina for storage beyond the date the boat is removed will be refunded to tenant within 30 days of removal of boat from the premises. These terms and conditions are in addition to those set forth in the rental contract. Accepted by: Date: Principal Tenant Accepted by: Date: Additional Tenant