Storm Storage Agreement

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Fees:

Storm Haul-out, Block, and Storage:
Up to 19′: $500.00
20′ – 24′: $600.00
25′ – 27′:  $750.00
28′ – 30′: $950.00
31’+: $1,200.00

Pick Up Before the Storm (Limited availability, please make arrangements to bring us your boat if at all possible):
Wrightsville Beach Area: $125.00
Outside of WB, between Carolina Beach and Figure 8 Island: $200.00

Deliver Back After the Storm*:
Wrightsville Beach Area: $125.00
Outside of WB, between Carolina Beach and Figure 8 Island: $200.00

*If the Owner is unavailable or Atlantic Marine is unable to contact Owner to pick up boat after the storm, Owner agrees to pay for charges to deliver boat after the storm.

I. Lease of Pier Space or Dry Storage

This agreement is for the use of pier space or dry storage only, and Atlantic Marine Inc., shall have no responsibilities with regard to checking, maintaining or protecting the boat. The Owner assumes the duty of checking, maintaining and protecting his boat under any and all conditions.

II. Payment of Charges

Owner covenants to pay the storage rate provided herein in advance. Atlantic Marine Inc. reserves the right to charge an additional monthly fee for each electric power connected to its electrical system. Charges will be made for special services, such as chocking in the yard for laytime.

III. Lien of Atlantic Marine Inc.

Atlantic Marine Inc. shall have a lien against the boat described herein, its appurtenances, contents and equipment;

a. For unpaid sums due to berthing, storage or other services;
b. For damage caused or contributed to by the described boat or its Owner to any dock, berth, storage or other property of Atlantic Marine Inc. or any other party and;
c. For any loss, cost, suit or claim arising out of the use of the leased space or any handling of the boat in connection therewith, whether based upon the concurring or sole negligence of Atlantic Marine Inc. or other ground.

IV. Loss or Damage

The space leased is used at the sole risk of the Owner and Atlantic Marine Inc. shall not be liable for any loss or damage of any kind or nature to the boat, its contents, gear or equipment, including, but not limited to damage from fire, theft, sinking, rain, storm, hurricane, upset or overturn, whether caused by the concurring or sole negligence of Atlantic Marine Inc. or other ground. Owner agrees to indemnify and hold Atlantic Marine Inc. harmless against any loss, costs, action or claim in any manner arising out of the use of the berth or storage space, or any handling of the boat in connection with this lease, including any asserted by any party as a result of damage to the Owner’s boat, whether such loss, costs, action for claim is based upon the concurring or sole negligence of Atlantic Marine Inc. or other ground.

V. Repairs to Boats

No repairs to boats may be made within the Marina complex, other than by the Owner personally, or by contract with Atlantic Marine Inc. Owners may work on their boats only in an area specifically designed for that purpose. No one may enter, or work on a boat in the storage racks.

VI. Insurance

Boat owner 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.

VII. Additional Covenants of Owner

In addition to covenants hereinabove set forth. Owner covenants as follows: A) To have aboard the boat as permanent equipment at all times a bilge pump in good working order; B) To maintain adequate mooring lines at all times; C) To maintain one set of keys for each boat in wet slips in the Boatmasters Office; D) To remove the boat from the Marina upon notice at the telephone herein listed in the event of any emergency. Upon failure to do so, Atlantic Marine Inc. is authorized to act for Owner at Owner’s expense and risk; E) To comply with all the terms of this Agreement, all rules and regulations attached hereto, and all rules posted at the Marina office.

VIII. Termination

This Lease shall be in effect for the period specified herein unless sooner terminated by the substantial destruction of the anchorage/storage facilities, in which case Company may, at its option, repair the facilities or cancel this Agreement and make a pro rata refund of any prepaid rent. In the event of cancellation by Company under this paragraph, Company shall have no further liability to Owner.

IX. Rights of Atlantic Marine Inc. Upon Breach or Default by Owner

In the event of breach or default on the part of Owner of any of the terms herein, including breach of any Rule or Regulation attached to the Lease or posted at the Marina office, Company (while reserving all other rights hereunder or as provided by law) may terminate Owner’s right of occupancy and is empowered to remove the boat from the berth or storage at the expense and the risk of the Owner. In the event that a default or breach by the Owner necessitates the services of an attorney to enforce any of the Company’s rights under this Contract, the Company shall be entitled to recover reasonable attorney’s fees and costs to the extent permitted by law.

X. Waiver

Waiver of any provision or condition of this lease shall not be deemed continuing and shall not bar Atlantic Marine Inc. from thereafter enforcing said provision.

XI. Extension of Lease Agreement

If at the end of the original Lease period, the Owner holds over or extends this Lease by paying additional rent, the continued occupancy by Owner shall be under the same terms and conditions as contained in the original Lease except with respect to any change in the storage rate and the length of Lease; provided, however, if the extension of the Lease is due to payment and acceptance of additional rent, then the term of the Lease shall be determined by the amount of the additional payment.

XII. Disclaimer of Warranties

Company 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.

XIII. 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 Owner.

RULES AND REGULATIONS GOVERNING BERTHING AND STORAGE
Lessors of berth and storage space shall observe the following rules and regulations:

1. When a boat enters the Marina, 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 areas.
3. No forklift service will be available on Christmas day. Upon notice, boats may be put in the water in advance of the holiday.
4. 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.
5. Noise shall be kept to a minimum at all times. Lessees shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or disturbance.
6. Advertising or soliciting shall not be permitted from the docks or finger piers.
7. Swimming, diving, or fishing, shall not be permitted from the docks or finger piers.
8. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the dockmaster. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger pier. Extent of repairs and maintenance shall be at the discretion of management.
9. Subleasing of slips, transfer of boats between slips, or from one slip to another slip, shall not be allowed, except upon prior written approval of the Company. Owner agrees that in case of emergency, Company may move the boat from the particular space rented to any other mooring place. This Lease shall not be assigned except, upon prior written approval of Company.
10. Laundry shall not be hung on boats, docks or finger piers in the Marina, nor shall “for sale” signs be put on boats.
11. Dockage day starts at 6 am. Any vessel docked prior to 6 am will be charged dockage for the previous night. Check out time shall be 3 pm. Any vessel that occupies berth after 3 pm will be charged for the following night.
12. Guests checking out of the Marina shall report to the Dockmaster’s Office and settle their account prior to leaving. It will be appreciated if all boat owners will leave a forwarding address in order to permit prompt handling in the event telephone calls or mail is received for them. All personal property must be removed from the Marina when dockage rental is terminated.
13. Marina reserves the right to limit and govern parking space in Marina parking area.
14. 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 questions.
15. Atlantic Marine Inc. will not be required to load or unload boats or customers’ trailers.
16. It is understood that these Rules and Regulations apply to the Owner and his or her immediate family. 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 call full coverage.