This storage agreement is executed between Holly Neck Marina 1 LLC (“LANDLORD”) and “TENANT” as evidenced by their signatures below, and is subject to the terms and conditions set forth below. The word “TENANT” includes the boat and/or trailer identified above.
Winter Storage contracts are from October 15th to April 15th of each calendar year. Summer Storage contracts are from April 15th to October 15 th of each calendar year.
GENERAL PROVISIONS. This is to certify that the above-named person guarantees the payment of the amount indicated above and will be in accordance of the Rules, Regulations and Terms attached and printed herein. It is a condition precedent to the execution of this contract with Holly Neck Marina 1 LLC and is distinctly understood and agreed by Tenant herein, as evidenced by the execution hereof, that said Tenant has read and binds himself, his guests, his personal representatives, and assigns to all rules and regulations. Landlord makes no warranties, representations as to condition of the rental space. Tenant agrees to lease the space on an “as is” basis. Tenant shall properly use and operate all electrical fixtures in a manner which will not endanger the property of the marina or others.
INSURANCE. The Landlord does not carry insurance covering the property of tenant. Landlord is not responsible for theft or damage of any kind to the boat, trailer, contents, gear or equipment. Tenant is required, as a material provision of this lease, to maintain at all times public liability and property damage insurance with limits and terms acceptable to Landlord covering all acts of occurrences taking place at and around the storage space, on the boat and on or around its trailer (if any). Tenant shall provide a copy of the insurance policy to Landlord before the boat and or its trailer occupies the premises. Evidence of Tenant’s policy may be in the form of a certificate of insurance or a copy of Tenant’s declaration page. Tenant shall reimburse Landlord within thirty (30) days for any damage or defacement which he, his boat, or his guest(s) may cause the marina.
IDEMNITY. Tenant shall indemnify and hold harmless Landlord from, and shall defend Landlord against, all fines, suits, claims, demands, losses and actions (including attorney’s fees) for any injury to person or damage to or loss of property on or about the premises caused by negligence, gross negligence, willful misconduct or breach by Tenant, its employees, agents, guest, representatives, or invitees or by any other person entering the premises with the express or implied invitation of Tenant or arising out of use Tenant’s use of premises regardless of whether such acts are only of lesser comparable negligence, while in or on the premises or Landlord, including damages caused by fire theft, vandalism, windstorm, high or low waters, hail, rain, ice, collision, or accident, or any other act of God.
Landlord shall not be responsible for any loss or damage to any property or death or injury to any person resulting from any matter of occurrence, or for any injury or damage or inconvenience which may arise through Landlord’s operation of the marina repair or alterations of any part of the marina, failure to make repairs, or from any cause whatsoever. Tenant hereby assumes and shall bear the entire risk and damage to the boat, trailer (if any), and all other property of Tenant which may at any time or from time to time be stored within premises, and no such loss or damage shall impair any obligation of Tenant under this lease which shall continue in full force and effect.
TERMINATION WITHOUT CAUSE. Landlord may elect, at its sole option, to terminate the agreement at any time. In such event, Landlord shall send Tenant written notice of termination by first class mail to the address written above (or to a new address provided by Tenant to Landlord in writing).
FORCE MAJEURE. In no event shall Landlord be liable for nor shall rent be abated as a result of, any act or occurrence not within the control of Landlord, including, without limitation, force majeure or any change in the water level of the marina.
DEFAULT OR BREACH: LANDLORD’S LIEN. A. Upon any default or breach by Tenant of any term, condition or covenant of this agreement or the rules and regulations promulgated by the Landlord from time to time with respect to the marina, Landlord shall have the right to without waiving and cumulative of other rights and remedies, to terminate this agreement and/or to prohibit access to the boat and any right of Tenant to remove the boat from premises. Any early termination of this agreement as a result of any default or breach by Tenant shall not relieve Tenant from the obligation to pay remaining rent and any amounts due under the terms hereof and for all other damages realized or suffered by Landlord. B. Landlord shall have at all times; and Tenant hereby grants to Landlord, a valid security interest in and lien upon the boat, trailer (if any) and all other personal property of Tenant which may from time to time be situated on the premises, and all substitutions, replacements and proceeds thereof, to secure the payment of all rent and other sums of money becoming due hereunder from Tenant, and to secure payment if any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenants, agreement or condition contained herein. Such property shall not be removed from the premises without the consent of Landlord until all arrearages in rent as well as all other sums of money due to Landlord hereunder shall have been paid and discharged and all of the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Upon occurrence of any event of default by Tenant, Landlord may, in addition to any other remedy provided herein or by law, take possession of the boat and trailer (If any) and all other equipment and personal property of Tenant, without the liability of trespass or conversion, and (i) remove the boat and trailer (if any) from the premises and place it in open storage at such place or places and for such time as Landlord in its sole discretion deems reasonable, and Tenant agrees that Landlord shall not be liable or responsible for any damage, loss or deterioration of or to the boat and trailer (if any) caused by such removal and storage, (ii) restrict or prohibit Tenant’s access to and/or use of the boat and trailer (if any), and/or (iii) sell the same at public or private sale in accordance with applicable law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given at least five (5) days before the time of sale. Tenant agrees to execute and deliver to Landlord a financing statement and/or other instruments in form sufficient to perfect the security interest and lien of Landlord in the boat and trailer (if any) and other personal property under the provisions of the uniform commercial code and other laws in force in the State of Maryland. The statutory lien for rent is not hereby waived, and the security interest and lien herein granted are in addition and supplementary thereto. INTEREST AT THE RATE OF 1.5% PER MONTH (18% ANNUAL RATE) WILL BE ADDED ON ALL PAST DUE ACCOUNTS. AN ACCOUNT IS PAST DUE AFTER TEN (10) DAYS FOLLOWING DUE DATE. It is agreed that this agreement is performable and venue shall be in the Sate and County of Baltimore, Maryland.
TENANT CERTIFIES THAT THE PRINTED MATTER ON THIS AGREEMENT INCLUDING THE ATTACHED RULES AND REGULATION HAVE BEEN READ AND THE TERMS AND CONDITIONS SET FORTH ARE FULLY UNDERSTOOD.