1. Spitzer Marinas, its’ parent company, affiliates, employees and agents, do NOT carry insurance covering the TENANT’S property and shall not be responsible for or have any liability whatsoever for any loss, damage or injury (including loss of life) to persons or property.
a. Occurring on the Company’s premises or in its storage spaces
b. Associated with the owner’s vessel(s), motor(s), cradle, trailer, accessories or other property including but not limited to, dock box, fenders, tools and associated equipment.
c. Resulting in loss due to fire, theft, vandalism, collision, Marine equipment failure, windstorm, rain, tornado or any other casualty loss, or act of God.
Owner
agrees to cover the aforesaid risks by carrying appropriate insurance
(including
hull coverage & indemnity and/or liability) without subrogation against Spitzer
2. LANDLORD reserves the right to assign dock space, but all efforts consistent with good business practices and the rights and desires of other TENANT’S will be exercised in all effort to assign dock space desired by the TENANT. As noted on the front of this agreement.
3. The LANDLORD reserves the right to lease or refuse to lease to any person for any good or pertinent reason.
4. It is agreed between parties that TENANT shall not assign, transfer or permit the use of assigned space to any other party without written consent of the LANDLORD.
5. TENANT agreed 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 of sewage from heads or holding tanks in the harbor or basin.
6. 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 harbor and premises.
7. If TENANT desires to dock a boat other the one described within, said TENANT must first secure permission of the LANDLORD and pay any additional fees, if applicable.
8. The use of Harbor or Marina electrical outlets for the operation of power tool, battery chargers, welders, air conditioners, heating units, etc., are prohibited except by special permission from the marina management.
9. The LANDLORD cannot and does not guarantee the continuity of electrical services where provided.
10. The use of torches or open flame, inflammable or toxic removers, or any other hazardous equipment is prohibited.
11. The LANDLORD will not be responsible for delays in hauling, launching, winter lay-up or commissioning, occasioned by inclement weather or any other circumstances beyond its control.
12. 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 on 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 TENANT’S. Failure to meet these requirements would require that Tenant’s boat to be removed from the premises of LANDLORD for repairs.
13. TENANT duly authorizes LANDLORD, its Agents or Employees to move and/or operate Tenant’s boat during the making of repairs or for normal marina operations solely at Tenant’s risk.
14. It is UNDERSTOOD AND AGREED that no boat is to be removed from its space unless and until all charges for space rental, winter storage, service and/or materials have been paid in full.
15. TENANT AGREES THAT IN THE EVENT SUIT IS BROUGHT IN BEHALF OF THE LANDLORD AGAINST TENANT TO COLLECT ANY AMOUNTS DUE OR TO BECOME DUE HEREUNDER, OR TO ENFORCE ANY APPROPRIATE MARITIME OR OTHER LEINS, THE TENANT SHALL PAY THE LANDLORD’S REASONABLE ATTORNEY FEES FOR SUCH SUIT OR COLLECTION PLUS COSTS, AS PROVIDED BY LAW.
16. In the event TENANT fails to remove his boat and property from the space leased to TENANT at the termination of the space lease term as defined in Paragraph two (2) of this agreement, LANDLORD may at its sole option:
a. Charge to Tenant’s account rent daily on a pro rata basis for each day or portion thereof the space occupied;
b. Avail itself of the remedies provided for in Paragraph nineteen (19); and
c. Avail itself of any other remedy available to LANDLORD under the law.
17. 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.
18. Operation of the boat shall be restricted to TENANT’S SIGNATORY TO THIS AGREEMENT unless otherwise specified IN WRITING herein.
19. 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. However, UNDER NO CIRCUMSTANCES is LANDLORD under any obligation to provide this service. Any costs incurred by LANDLORD shall be billed at the yard rate as posted in the office. TENANT agrees to indemnify and hold harmless from any and all liability, loss or damage caused by or to the subject boat which may arise out of failure of the TENANT to move the boat, the liability of the LANDLORD to reach the TENANT, or by the movement of the boat by the LANDLORD. In general, the TENANT shall be solely responsible for any emergency measures.
20. DRY STORAGE SURVEY AND INSPECTION: The TENANT authorizes the LANDLORD to thoroughly survey the boat for hazards at hauling and prior to moving to dry storage. TENANT understands that is regulation is formulated, enforced and conducted solely for the protection of the TENANT. The promulgation and enforcement of these rules and regulations, the conducting of the survey, the failure to require or fully perform a survey with respect to other TENANT (s) will not subject the LANDLORD to any duty or liability to the TENANT with respect to fire or explosion prevention or detection. In general, any survey will be solely at the discretion of the LANDLORD.
21. DRY STORAGE PROTECTIVE COVERING: The TENANT assumes full responsibility for providing adequate covering to protect the boat from any and all perils and for the proper maintenance of such covering while the boat is on or in the premises of the LANDLORD.
22. REMOVAL
OF PERSONAL PROPERTY: The TENANT should remove
any personal property from the boat prior to dry storage. IT IS UNDERSTOOD AND AGREED THAT THE LANDLORD
WILL NOT BE RESPONSIBLE FOR ANY ITEMS OF PERSONAL PROPERTY LEFT IN THE BOAT, ON
23. BOAT SINKING: In the event Tenant’s boat shall, for any reason, sink, start to 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 (sinking) 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.
24. Boats must be secured with proper lines and not cross tied to the next dock. If TENANT insists on cross tying, TENANT will be billed for two docks. Boats must be in assigned docks.
25. GRILLS: TENANT may use propane and electric grills on boats and docks, but no Charcoal grills, oil lamps, or fires will be permitted.
26. Dinghies: All dinghies must be attached to the boat in a manner that does not infringe on the fairway or on the neighbors’ area. No dinghy shall be stored on the pier or dock; all dinghies must be over water and attached to the contracted boat. Any dinghies, Pw’s or small boats not stored on the contracted boat will be charged an in-water fee.
27. 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
28. In and out service starts May 1 and ends November 1. All winterizing has to be done outside the building prior to November 1. Any boats not winterized by November 1 may be contracted by the marina and billed to the Lessor.
29. Lesser requires that canvas and antennas be down and speedometer pickups and trim tabs be up before storing. Any damage as a result of non-conformance to this rule will be the Lessee’s sole responsibility and Lessor in no event shall be liable for said damage.
30. No full gas tanks are allowed in the racks. Lessee is responsible for overflow that causes damage to any boat or boats below and will be liable for said damages.
31. Cars illegally parked in front of
another Tenant’s well, will be towed
away at the car owner’s expense. All
cars must be parked in a designated area, or in designated guest parking areas
within the
32. This
lease and any rights herein shall be terminated should the Lessee walk a dog inside the
33. There will be no loading or unloading of boats from trailers to racks or vice-versa. Boats shall only be loaded from or unloaded to a specified launching site.
34. Lessee shall use the space for the storage of the boat and for no other use whatsoever.
35. By
virtue of the contractual arrangement, contractors are Not
guests. Contractors working inside the
36. Outside
labor is allowed access into the
a. The
contractor must furnish the
b. Our
customer must supply the
c. Each
employee of the contractor arriving at the
d. The
contractor must comply with all
SPITZER
440-288-3667 * 800-321-3625 440-288-1234 * 800-654-7706
· Fax 440-288-1917 *Fax 440-288-9269 Renew______ New # ________ Referred By: __________________
This agreement entered into this (Today’s Date) _________________________________ by & between Spitzer Marinas Lorain, Ohio 44052, County
Of
Address: City:
_____________________________________________
State: __________ Zip:
_____________ Home Phone #
(______) ________- _________________ Emergency # (______) _______-
_________________,
Herein after known as the Tenant, subject to the following terms & conditions:
This space lease agreement is for a
period from _______________, ________
to ________________,
________ inclusive and may be
renewable for additional periods upon
agreement of both parties as to rates, conditions, and payment of all specified
fees and services.
Boat Make:
Boat Name:
Power/Sail Length O/A: Width (beam): Doc/Registration #: _____________________
ALL Dockage/Rack
Storage Lease Agreements
(UNLESS PAID IN FULL AT TIME OF SIGNING) MUST BE GUARANTEED WITH
A CREDIT CARD. We accept
MasterCard/Visa or Discover. Those
Payment Plan payments not received by the payment due date of the 1st/15th of the month will be charged to the credit
card provided on the 5th/20th of the month payment is
due.
( Auto Credit Card Approval) Signed: _______________________________________________
_________Payments of $ ________________ Per Month, Starting: __________________________Ending:_______________________
The following
cancellation fee schedule will be applicable upon the WRITTEN CANCELLATION of
a dock/rack lease. Cancellations are
based on the TOTAL CONTRACT AMOUNT and not the payment amount. The Lessee IS responsible (liable) for 20%
of the TOTAT CONTRACT if cancelled by January 1, 40% by February 1, 60%
by March 1, 80% by April 1, 100% as of May 1 of contracted summer year.
No cancellations accepted
after May 1, of contracted year and all dates are prior to contract year.
Tenant agrees that all charges are for space lease, 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. It is agreed that this contract is performable and venue shall be in the State & County of the Landlord. All notices required by this boat space lease agreement or the Law shall be to the addresses stated herein.
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There will be NO dry summer storage.
ALL boats must be on the launch schedule by June 1 Any Boats that do not launch will be charged |
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LEASE AGREEMENT FEES & SERVICES |
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Summer In Water Dockage |
$ |
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Winter Storage Outside - Annual
Package * |
$ |
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Winter Storage Inside - Annual
Package *
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$ |
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Tenant(s) certify that the printed matter on BOTH front & back of
this agreement has been read and the terms & conditions set forth are
fully understood. Tenant(s) further
certify that they have examined the space in which the subject boat is to be
placed & find it suitable. |
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Summer Rack Storage |
$ |
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Winter Rack Storage - Annual
Package * |
$ |
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Winter
* ANNUAL PACKAGES Include: cradle storage, shoring, haul out, painted bottom
wash, launch |
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Winter ONLY Storage In |
$ |
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Winter ONLY Storage Out |
$ |
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State Tax ( MUST BE PAID ON FULL STORAGE
AMOUNT – THERE IS NO DISCOUNT ON TAX) |
$ |
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Total Discounts |
$ |
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Discounts |
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$ |
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Total |
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$ |
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$ |
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Paid On Account |
$ |
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$ |
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TOTAL |
$ |
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Balance Due |
$ |
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No Boats Will Be Launched Or Released With An Overdue Balance And/Or Without A Current Lease Agreement
Landlord: Spitzer Riverside/Lakeside
I, (we)
acknowledge receipt of a copy of this agreement _________________________________________________________
Accepted by:
_________________________________ _________________________________________________________
Principal Tenant
Email
address:
_________________________________________
Approved by: _________________________________
Landlord ________________________________________________________
Please Return
Completed White Copy – Landlords to the Office