5201 West Erie Ave., Lorain, OH 44053
Ph: 440-822-3912 Fax: 440-822-3914
Name:
Phone:
Cell:
Address:
City:
State:
Zip:
Email:
Year:
Length O/A:
Color:
Motor Make:
HP:
Drive Type:
Trailer
Make:
Axel:
Color:
Plate#:
Trailer Type:
Bunk or
Roller
Spare Attached:
Yes
or No
Camper/R.V. Make:
Model:
Color:
Plate#:
INSURANCE INFORMATION
Insurance Company Name:
Phone/Agent:
Policy No.:
This agreement entered this day between Copper Kettle Marina and thus stated
tenant; makes tenant subject to the following terms and conditions:
1. The Landlord reserves the right to lease or refuse to lease to any person for any good or pertinent reason.
2.
Any infraction of the
rules and regulations 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 vehicle from the harbor and premises.
3.
It is agreed between
both parties that tenant shall not assign, transfer or permit the use of
assigned space for himself or herself or any other party without written consent
of the landlord. Boat owner agrees to notify CKM of any change of ownership.
All
dockage and/or storage fees are non-refundable.
4.
If tenant desires to
dock a vehicle other than the one described within, said tenant must first
secure permission of the landlord and pay additional fees, as applicable. Only
the boat as listed within this contract may be docked.
5.
Landlord reserves the
right to assign dock space, but all efforts consistent with good business
practices and the rights and desires of other tenants will be exercised in an
effort to assign dock space desired by the tenant.
6.
The use of harbor or
marina electrical outlets for the operation of power tools, battery chargers,
welders, air conditioners, heating units, etc. is prohibited except by special
permission.
7.
The landlord cannot
and does not guarantee the continuity of electrical service where provided.
8.
The use of torches or
open flame, inflammable or toxic removers, and any other hazardous equipment are
prohibited.
9.
The
landlord is not responsible for delays in hauling, launching, winter lay-up or
spring commissioning, occasioned any inclement weather or any other
circumstances beyond its control such as heavy traffic even in the event you
call ahead. Each rack boater and other customers being launched shall be
responsible for making their boat “launch ready” prior to lift, including but
not limited to; installing drain plug, preparing & setting temporary dock lines,
removing cover, etc.
Boaters
must understand that tow motor failure during the season may occur, limiting
availability and usage of ones boat until repairs are complete. Down times will
not affect seasonal fees.
10.
A tenant may work on
his own vehicle 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 tenants 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 health,
safety, welfare and property of other tenants. Failure to meet these
requirements would require that the tenant’s vehicle be removed from the
premises of landlord for repairs.
11.
Rent on space is DUE
AND PAYABLE IN ADVANCE, payment is due in FULL in order to be launched or
racked.
12.
EZ Pay programs: in
the event that a payment surpasses the due date by 30 days will no monies will
be refunded and no accessibility to dockage or rack storage or other terms
agreed upon will no longer be offered.
13.
Tenant duly
authorizes landlord, its agents or employees to move and/or operate tenants
vehicle during the making of repairs, towing, non-payment, misplaced parking, in
safety emergencies such as sinking or for normal marina operations solely at
tenants risk.
14.
The boat owner agrees
that in the event of any removal of his/her boat from the marina upon
termination of this contract when an account balance exists, Copper Kettle
Marina shall have a maritime lien placed upon such boat and/or equipment until
such said account balance is paid in full. Lessor shall refuse the removal of
any item stored or in its control until such balance is paid in full.
15.
Tenant agrees that in
the event suit is brought in behalf of the landlord against the tenant to
collect any amounts due hereunder, or to become due hereunder, or to enforce any
appropriate maritime or other liens, the tenant shall pay the landlords
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 rented to tenant at the
termination of the space rental term as defined in paragraph one (1) charge to
tenants account rent daily on a pro-rata basis for each day or portion thereof
the space is occupied; (2) avail itself of any other remedy available to
landlord under the law. (3) Charge to tenant for towing of boat and lift charge
to remove boat from water, and any other charge acquired therein for the sole
purpose of removing the boat from dock. Space made vacant by the removal of the
property of the tenant may then be rented to another tenant at the discretion of
the landlord.
17.
If tenant becomes
delinquent in rental payments, the landlord shall have the right to take over
the tenant and to secure the property to the space occupied, or to store it in
any other location the landlord chooses is secure. Furthermore the tenant shall
be responsible for the charge of towing of boat and lift charge to remove boat
from water, and any other charge acquired therein for the sole purpose of
removing the boat from dock. Space made vacant by the removal of the property of
the tenant may then be rented to another tenant at the discretion of the
landlord.
18.
INSURANCE: Tenant
agrees that he/she will keep the vehicle fully insured with complete insurance,
including hull coverage on boats and indemnity and/or liability insurance.
19.
Operation of the
vessel shall be restricted to tenant’s signatory of this agreement.
20.
Tenant shall provide
landlord with a set of main door or hatch and ignition keys. Landlord only for
periodic inspection or for emergency service will enter the vehicle.
21.
IN CASE OF EMERGENCY:
as determined by the landlord, the landlord shall be authorized to move the
subject vehicle, if possible and practical, to a safer area to protect the
vehicle, property or general welfare if vehicle is unattended and tenant cannot
be reached. However, UNDER NO CIRCUMSTANCES is landlord under any obligation to
provide this service. Any special measure taken or made by lessor in the event
of an emergency still holds tenant responsible for any charges acquired in
efforts made by lessor to secure tenants property. Tenant agrees to indemnify
and hold harmless from any and all liability, loss or damage caused by or to the
subject vehicle which may arise out of failure of the tenant to move the
vehicle, the inability of the landlord to reach the tenant, or by the movement
of the vehicle by the landlord for emergency purposes or other reasons covered
herein. Notwithstanding any efforts taken by lessor, the tenant shall be solely
responsible for any and all emergency measures.
22.
In an emergency
situation, lessor reserves the right to take any action it deems appropriate
and/or necessary to protect life and/or property, and/or assist in the
protection thereof. Any expense uncured in taking such emergency action shall be
at the sole expense of the boat owner/signer.
23. DRY STORAGE PROTECTIVE COVERING: The tenant assumes full responsibility for providing adequate covering to protect the vehicle 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.
24.
REMOVAL OF PERSONAL
PROPERTY: The tenant should remove any personal property from the vehicle prior
to storage. IT IS UNDERSTOOD AND AGREED THAT THE LANDLORD WILL NOT BE
RESPONSIBLE FOR ANY ITEMS OF PERSONAL PROPERTY LEFT IN THE VEHICLE. Copper
Kettle Marina, Inc. is in no way responsible for ingress or egress to Lake Erie
due to high or low water, natural, manmade obstacles or any other circumstances,
which prevent patrons from using their boats.
25. Vessels located in the marina, which are not winterized by November 1st to the best of copper kettles knowledge, shall be forcibly winterized. The customer is to be billed accordingly for the cost of winterizing.
INTREST AT THE RATE
OF 2% PER MONTH (ANNUAL PERCENTAGE RATE OF 24%), WILL BE ADDED TO ALL PAST DUE
ACCOUNTS. AN ACCOUNT IS PAST DUE 30 DAYS FOLLOWING DUE DATE.
By
signing below, I hereby acknowledge receipt of a completed copy of this contract
and fully understand and agree to its contents.
__________________________________________________________
____________________________________
Lessee Signature
Date
__________________________________________________________
____________________________________
Lessee Signature (2)
Date
__________________________________________________________
____________________________________
Lessor “Copper
Kettle Marina” Signature
Date