5201 West Erie Ave., Lorain, OH 44053
Ph: 440-822-3912 Fax: 440-822-3914
Name: Phone: Cell:
Address: City: State: Zip:
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 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