General Conditions
In this agreement the words “I”, “me”, “my” and “Customer” mean the individual signing the attached winter storage agreement. The words “you”, “Marina”, “OLM” and “Oak Leaf” mean Oak Leaf Marina, Inc., a Connecticut corporation.
A. STORAGE - The storage period is for a maximum period of nine (9) months which begins on October 1, 2011 and ends nine (9) months thereafter. By the end of the nine month period, the boat is expected to be launched. The Customer will have a maximum three (3) days after launching to make the boat ready and remove the boat from the Marina. Unless the Customer signs a summer slip rental agreement with Oak Leaf, the Customer will be charged a daily slip rental fee for each day the boat remains at the Marina after the three day period. In no event will the winter storage period extend beyond June 30, 2012. Any boat which remains on land after June 30 will be subject to dry land storage charges at one half (1/2) the winter rate through the following September 30, 2012.
B. SCHEDULE OF HAULING - A three (3) day advance notice from the Customer to Oak Leaf is required for the hauling of the Customer’s boat. Summer slip rental period expires October 31, 2011. Oak Leaf will attempt to accommodate any Customer wishing to be hauled before October 31. Electricity and water at the Marina docks will be shut off by October 31, 2011. At the time of hauling, Oak Leaf will not be responsible for collecting and safeguarding dock lines and ropes. Launching dates are approximate and are not guaranteed
C. KEYS - The ignition key and any other key or combination necessary for access to the interior of the boat, must be left with Oak Leaf at the time the boat is delivered for winter storage. Oak Leaf must have access to the inside of the boat, especially at launch time in the spring. If the key or combination is not provided by the Customer to Oak Leaf, then the Customer shall be fully responsible for any resulting damage, claims or any problems that may arise at the time of launch in the Spring.
D. RESPONSIBILITIES OF CUSTOMER - It is the responsibility of the Customer to: 1.) provide at least four (4) fenders and four (4) dock lines of good quality on board the boat prior to launch in the Spring. If these items are not readily available on the boat at launch time, Oak Leaf will supply them at the cost of the Customer; 2.) the Customer will keep the area on land or on the dock around his boat free from any debris, trash, etc. arising from activities with respect to the boat. The Customer shall not spill, discharge or discard at the Marina any used oil, gas, paint thinner, or other solid or liquid substances that may be deemed hazardous in nature. In addition, the Customer shall not burn paint, start fires or transport flammable materials on or across any part of the Marina.
E. OUTSIDE LABOR - Outside labor/contractors of any kind are not permitted to work on any boat in storage without the expressed written permission of Oak Leaf. One condition to be imposed by Oak Leaf prior to approving any outside labor or contractors will be the requirement of proof of insurance coverage satisfactory to Oak Leaf. No outside contractors for shrinkwrap.
F. MARINA TOOLS - The Customer shall not use Oak Leaf’s tools, equipment or shop facilities at any time.
G. REQUIRED WORK - Due to strict insurance requirements, Oak Leaf finds it necessary to restrict the Customer’s activity in the storage shed. The Customer agrees that Oak Leaf will complete all work below the waterline (repairs, painting, etc.) and that no major carpentry, mechanical, winterizing, commissioning, sanding, painting, use of power tools, etc., will be permitted on boats stored inside. Oak Leaf will provide estimates for all work at the Customer’s request. Any exceptions to the restrictions must be obtained in writing from the Marina office. Boats stored outside are not subject to this restriction.
H. STORM DAMAGE - In the event of a severe storm, vessels remaining in the water shall not remain at any floating dock. No vessel shall remain at any floating dock after October 31, 2011. The Customer remains responsible for the safety of his boat and shall take such reasonable actions as may be necessary to prevent damage arising from such events. In the event of a severe storm, cold wave, etc., Oak Leaf will attempt, if possible, to provide preparation and damage prevention services for boats in storage. The cost of such services shall be pro-rated over all boats in storage and the Customer will pay for these services upon receipt of invoice.
I. INSURANCE - The Customer shall have his boat adequately insured against loss or damage and shall provide at his cost a policy of public liability insurance. Oak Leaf is not responsible for damage or injuries caused by fire, flood, hurricane, theft or any act of God. The Customer shall hold the Marina harmless in the event of an occurrence.
J. LIABILITY - The Customer agrees that Oak Leaf shall not be liable to the Customer or any person claiming by, for, or under him, for fire, theft, or any damage whatsoever to the boat, its equipment or to the Customer or his invites, however caused.
K. INDEMNITY - The Customer agrees to indemnify and save harmless Oak Leaf against any and all claims arising out of or traceable to the Customer or the Customer’s boat and/or the failure of Customer to comply with it’s obligations created by this agreement regardless of storage location. In the event of loss or damage, the Customer shall acquire no right of action against Oak Leaf. The Customer shall not assign or transfer any claims against Oak Leaf to any third party including the Customer’s insurance company. The Customer shall not subrogate an insurance company to any claims nor permit suit to be brought against Oak Leaf in the Customer’s name under direction or expense of any such insurance company. Acts or omissions of the Customer, his agents, servants, employees, guests and invitees are included.
L. BILLING PROCEDURE - Invoices will be sent to the Customer upon completion of work and summarized with a monthly statement. Payment for invoices is due upon receipt. Any balance remaining after 15 days from invoice date shall be considered delinquent and subject to collection. A service charge of 1-1/2% (18% annual) shall apply to all invoices 15 days past due.
M. DEFAULT - Any balance which continues beyond fifteen (15) days of the invoice date shall be considered delinquent. In the event of a delinquent account, the Customer hereby grants to Oak Leaf a lien upon the boat in storage, its contents and equipment for any and all charges for service and/or storage associated with the boat or any outstanding accounts the Customer had with Oak Leaf. This lien shall continue in full force and effect whether possession of the boat is retained by Oak Leaf or not. In addition, the Customer shall pay all fees such as court costs, collection fees, reasonable attorney fees, etc., expended in efforts to collect any and all balances considered past or overdue. No vessels shall be launched with outstanding balances. (That is: NO CASH, NO SPLASH)
N. TERMINATION - The conduct of any person using, visiting, or occupying the Marina which might in the opinion of Oak Leaf be expected to cause injury or damage to life or property, shall be cause for immediate revocation of this agreement. There will be no refund of the storage charges paid pursuant to this agreement. The Customer shall be responsible for the conduct of all persons using, visiting or occupying his boat. In the event of the Customer’s non-compliance to the rules or lack of payment, Oak Leaf shall have permission to remove the vessel from the premises at the Customer’s expense.
O. ENVIRONMENTAL BEST MANAGEMENT PRACTICES (BMP'S) - The Customer agrees that they have read, understand and will comply with the Oak Leaf Marina Environmental Compliance Procedure and Rulebook, as provided to them. The Customer agrees unconditionally to comply with all Local, State and Federal Environmental Laws, Regulations and Statutes, while the vessel is stored or moored within the Marina area. Pressure washing of boats while stored on land is prohibited.