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I. License for Dock Space or Dry Storage
This agreement is for the use of dock space or dry storage for Licensee’s boat described above (“Boat”) only. Licensee assumes full responsibility of, and liability for, maintaining the seaworthiness and safety of the Boat and all of the equipment owned or possessed by Licensee. Atlantic Marine, Inc. (the “Marina”) shall have no obligation to protect, maintain, or monitor the condition of the Boat.
II. Payment of Charges
Licensee shall pay the storage rate provided herein in advance. The Marina reserves the right to adjust the storage fee at any time. Charges will be made for any and all special services provided to Licensee or the Boat. Licensee shall maintain a valid credit card on file with the Marina, and hereby authorizes the Marina to charge Licensee’s file credit card for services rendered to Licensee and the Boat. If any sums due for storage or other services to the Marina are not be paid immediately when due, the sum due to the Marina shall bear interest at the rate of 18% per annum (or, if less, the highest rate allowed by law) from the due date until the sum and all such interest accrued shall have been paid.
III. No Assignment
Licensee shall not sublicense or assign this License Agreement without the prior written consent of the Marina.
IV. Lien of Atlantic Marine, Inc.
The Marina shall have a lien against the Boat, its appurtenances, contents and equipment;
a. For unpaid sums due for storage or other services provided to the Licensee or the Boat;
b. For the cost of repair of any and all damage caused by Licensee or its guests, or arising out of the storage and use of the Boat;
c. For any loss, cost, suit or claim arising out of the use of the storage space or any handling of the Boat in connection therewith, whether based upon the concurring or sole negligence of Licensee or other ground, including reasonable attorney’s fees; and
d. Any and all costs of enforcement of this Agreement.
V. Loss or Damage
THIS LICENSE AGREEMENT AND ITS RIGHTS SHALL BE EXERCISED, USED AND ENJOYED AT THE SOLE RISK OF LICENSEE. MARINA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE OR LOSS SUSTAINED BY LICENSEE INCLUDING WITHOUT LIMITATION DAMAGE TO THE BOAT, ITS CONTENTS, GEAR OR EQUIPMENT, FROM FIRE, THEFT, SINKING, RAIN, STORM, HURRICANE, UPSET OR OVERTURN WHETHER OR NOT CAUSED BY ANY FAULT OR NEGLECT OF MARINA, AND LICENSEE EXPRESSLY WAIVES AND RELEASES ANY AND ALL SUCH CLAIMS. LICENSEE AGREES TO INDEMNIFY AND HOLD HARMLESS MARINA AGAINST ANY AND ALL LOSS, CLAIM, CLAIM FOR RELIEF, CAUSE OF ACTION, AND DAMAGE, INCLUDING THE MARINA’ S REASONABLE ATTORNEYS’ FEES, NOT ONLY IN DEFENSE OF SUCH CLAIMS, BUT ALSO IN PROSECUTING THIS INDEMNITY, SO LONG AS SUCH LOSS, CLAIM, CLAIM FOR RELIEF, CAUSE OF ACTION, AND DAMAGE ARISES AT LEAST IN PART FROM THE BOAT OR AS A RESULT OF THE LICENSEE’ S USE UNDER THIS AGREEMENT WHETHER OR NOT SUCH LOSS, COSTS, OR ACTION FOR CLAIM IS BASED UPON THE CONCURRING OR SOLE NEGLIGENCE OF THE MARINA.
VI. Repairs to Boats
No repairs to the Boat may be made on the Marina’s property, other than by the Licensee personally, or by contract with the Marina. Licensee may work on the Boats only in an area specifically designed for that purpose to the extent said space is available, in the Marina’s sole discretion. No one may enter, nor work on a Boat in the storage racks.
Licensee shall be solely responsible for any loss or damage incident to this Storage Agreement from any cause, including those mentioned above, and shall carry insurance sufficient to cover any such loss or damage. Licensee shall maintain policies of casualty insurance for the full replacement value of the Boat, and liability insurance in such sum or sums as approved by Marina. Licensee shall provide evidence of said required insurance to Marina on demand.
VIII. Additional Covenants of Licensee
In addition to covenants hereinabove set forth, Licensee covenants as follows: A) To maintain a bilge pump in good working order on the Boat as permanent equipment at all times; B) To maintain adequate mooring lines at all times; C) To maintain one set of keys for each Boat in wet slips in the Marina office; D) To remove the Boat from the Marina upon notice at the telephone herein listed in the event of any emergency, authorizing the Marina to act on the Licensee’s behalf, at Licensee’s expense and risk, if Licensee fails to do so; E) To comply with all the terms of this Agreement, and any and all rules and regulations of the Marina including those attached hereto and those posted at the Marina office.
Subject to Section X below, this Agreement shall be in effect for the period specified herein, and may be renewed for subsequent terms of
similar duration each time that: (i) the Marina delivers an invoice for storage fees for the subsequent year, and (ii) Licensee makes timely payment of same.
X. Termination of Agreement
This Agreement shall terminate at the option of Marina, in its sole discretion, upon the occurrence of any of the following events:
(a) Substantial destruction of the storage or dockage facilities, if, at its sole discretion, Marina elects not to repair the facilities, in which case Marina will make a pro rata refund of any prepaid storage fee to Licensee;
(b) Licensee’s failure to pay the license fee or other agreed charges to Marina when due; and
(c) Licensee ‘s breach of any of their other obligations hereunder, including without limitation breach of any Rule or Regulation attached to this Agreement or posted at the Marina office.
In the event of cancellation by Marina under this paragraph, Marina is empowered to remove the Boat from the berth or storage at the expense and the risk of the Licensee and shall have no further liability to Licensee.
XI. Additional Rights of Atlantic Marine Inc. Upon Breach or Default by Licensee
In the event that a default or breach by the Licensee necessitates the services of an attorney to enforce any of the Marina’s rights under this Agreement, the Marina shall be entitled to recover reasonable attorney’s fees and costs to the extent permitted by law.
Waiver of any provision or condition of this Agreement shall not be deemed continuing and shall not bar Atlantic Marine Inc. from thereafter enforcing said provision.
XIII. Disclaimer of Warranties
The Marina hereby expressly disclaims all warranties, either express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose or of workmanlike service and neither assumes nor authorizes any other person to assume for it any liability in connection with any sale or service rendered.
XIV. Entire Agreement
This Agreement, together with the Rules and Regulations attached hereto, constitutes the entire agreement between the parties, and no provision hereof may be varied or altered except in writing and signed by the parties. The Agreement, together with the Rules and Regulations has been read by the Licensee.
RULES AND REGULATIONS GOVERNING BERTHING AND STORAGE
Licensees of berth and storage space and their guests shall observe the following rules and regulations:
1. When a boat enters the Marina property, it immediately comes under the jurisdiction of the Marina operators.
2. Only pleasure boats, in good condition, and under their own power, shall be admitted to berthing and storage areas.
3. No forklift service will be available from Christmas Day through New Year’s Day. Upon notice, boats may be put in the water in advance of the holiday.
4. The Marina may, in its sole discretion, suspend forklift service and prohibit access to the docks and other Marina facilities prior to, during, and after significant weather events. In the ordinary course, the Marina will suspend forklift service and access to Marina facilities if a named storm watch applicable to the Marina property is issued. Licensees will not have access to their Boats while the forklift service is suspended and the Marina facilities are closed, and all Boat owners must complete storm preparation on their vessel prior to issuance of a named storm watch. Once forklift services are suspended due to a named storm watch, the Marina retains the right to utilize any available dry slips for storage of vessels. If the Licensee’s Boat is not at the Marina when a named storm watch is issued, another vessel may be placed or stored in the Boat’s last utilized dry slip. Following a weather related closure, the Marina will notify the Licensee’s via email when the Marina is reopened.
5. Refuse shall not be thrown overboard. Garbage shall be deposited in refuse cans supplied for that purpose. No person shall discharge oils, spirits, inflammable liquid or oil bilges into the Marina.
6. Noise shall be kept to a minimum at all times. Licensees shall, and shall cause their guests to, use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or disturbance.
7. Advertising or soliciting shall not be permitted from the docks or finger piers.
8. Swimming, diving, or fishing, shall not be permitted from the docks or finger piers.
9. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures.
10. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger pier. The extent of permissible repairs and maintenance at the docks or finger piers shall be at the discretion of the Marina management.
11. Laundry shall not be hung on boats, docks or finger piers in the Marina, nor shall “for sale” signs be put on boats.
12. Marina reserves the right to limit and govern parking space in Marina parking area.
13. Violation of the above rules and regulations, disorder, depredations, or indecorous conduct by a patron or his crew or guests, that might injure a person, cause damage to property or harm the reputation of the Marina shall be cause for immediate removal from the Marina of the Boat in question.
14. The Marina will not be required to load or unload boats or customers’ trailers.
15. It is understood that these Rules and Regulations apply to the Licensee and his or her guests. Any others using said boat must have advance approval by Owner and Marina.
IMPORTANT – Insurance is very important. It is the Owner’s responsibility to obtain full coverage, and to provide evidence of the same to the Marina on demand. ND: 4827-4528-0289, v. 4
101 Keel Street, PO Box 659
Wrightsville Beach, NC 28480
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6707 Oleander Drive
Wilmington, NC 28403
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PHONE: 910-256-9911 FAX: 910-256-8530
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