BANYAN BAY MARINE CENTER MARINA DOCKAGE AND STORAGE LICENSE AGREEMENT

BANYAN BAY MARINE CENTER, LLC (hereinafter, the “Marina”) hereby grants a license to the individual or entity listed below as Owner (the “Owner”) to dock and to store Owner’s Vessel (the “Vessel”) in a space (the “space” located at the Banyan Bay Marina located at 4491 Anglers Avenue, Dania, Florida 33312 in accordance with the following terms and conditions: Terms

ANNUAL OR SEMI ANNUAL “DEAD STORAGE” RATES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE; ALL PAYMENTS MUST BE RECEIVED ON OR BEFORE THE FIRST OF EACH MONTH. OWNER AGREES THAT THE VESSEL SHALL NOT BE PERMITTED TO LEAVE THE MARINA UNLESS AND UNTIL OWNER HAS PAID ALL AMOUNTS DUE AND OWING UNDER THIS AGREEMENT. OWNER SHALL PAY ANY AND ALL PAYMENTS DUE AND PAYABLE UNDER THIS AGREEMENT WITHOUT THE NECESSITY OF ISSUANCE OF AN INVOICE. OWNER SHALL BE RESPONSIBLE FOR PAYMENT OF A $15.00 LATE FEE FOR EACH MONTH THAT ANY PAYMENT IS NOT TIMELY MADE. A FULL ONE MONTH WRITTEN CANCELLATION NOTICE IS REQUIRED. THE MARINA RESERVES THE RIGHT TO CHANGE RATES WITH 30 DAYS NOTICE.

CREDIT CARD AUTHORIZATION

Should Owner not make any payment due to Marina within five (5) days of the date that the payment is due, Marina may charge the payment on the Credit Card account provided below and Owner shall then be responsible for a $15.00 service charge.

The following documents are attached and made part of this agreement:  

I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS AGREEMENT, WHICH ARE INCORPORATED HEREIN AS PART OF THIS AGREEMENT. I ALSO WARRANT THAT I AM AUTHORIZED TO ENTER INTO THIS AGREEMENT AND THE INFORMATION PROVIDED IS CORRECT.

TERMS & CONDITIONS

1. License. This Agreement creates a nonexclusive license for the non-commercial use of Dockage or Storage space only, with Marina as licensor and Owner as licensee. This Agreement confers no leasehold interest or right of possession upon Owner.

2. Space. The Marina assigns Owner a Space for the period of the Term of this Agreement. The Space is provided for the express use of the Owner for storage of the Vessel and may not be used for another vessel without the written consent of the Marina. The Marina reserves the right to use the Space at any time the Owner is known to be absent. The Marina accepts no liability for insufficient water depth in the Space, whether within the Marina basin or outside the Marina. Vessel shall not be permitted to discharge oils, sanitary wastes or any other hazardous materials into the Space, work rack area or about the Marina basin. Transferring of fuel from containers within the Marina is strictly prohibited. The Owner may request the use of a work rack to perform certain work on their Vessel in the sole discretion of the Marina. The use of any work rack or any slip shall in all events be subject to reasonable rules and regulations that the Marina may adopt from time to time.

3. Rules. Owners and their guests shall comply with the Rules and Regulations provided by the Marina. The Marina Rules are an Addendum to this Agreement and made a part thereof. Failure to comply with the Marina Rules will permit Marina to terminate this Agreement. The Marina reserves the right to change the Rules.

4. Condition of Vessel. Owner shall maintain the Vessel in a safe and seaworthy manner. Owner shall also maintain the Space in an orderly manner. In the event of the Owner’s absence, the Marina may in its sole discretion take appropriate actions to protect the Vessel, the Marina facilities and any other property. Owner agrees further that the Marina shall have the authority to take all necessary steps to reduce hazards that in the Marina’s judgment appears to be present. The Owner shall pay all expenses borne by the Marina to reduce a hazard that in the Marina’s judgment appear to be present and to protect the Vessel. The Marina accepts no responsibility for failing to act upon such circumstances nor shall the Marina be liable for any damages to the Vessel through its actions to reduce such hazard.

5. Insurance. Owner agrees to maintain during the entire term of this Agreement, adequate Hull Protection and Indemnity Insurance covering the Vessel and listing Marina as an additional insured and protecting the Owner and Marina against claims, demands, suits and judgments for all claims arising prior to, during and after the period of this Agreement. Certificate of Insurance must be on file in Marina office.

6. Severe Weather. Owner may not assume that the Marina will be a safe and sheltered mooring during severe weather, including hurricanes; Owner shall make other arrangements during such periods. In the event of impending severe weather conditions, the Marina, at its sole discretion, reserves the right to move or evacuate the Vessel at Owners sole risk and expense. The Marina shall not deem undertaking to move or evacuate the Vessel an assumption of responsibility for the safety, security, and care of the Vessel.

7. Termination. The Marina may terminate this Agreement, with or without cause and without advance notice to Owner. Additionally, the Marina may terminate this Agreement if the Owner fails to pay the Storage Fees as they become due, the Vessel or those aboard the Vessel, are in the Marina’s opinion a nuisance or are unreasonably interfering with the peaceful enjoyment of the Marina by others or the Owner fails to abide by this Agreement or the Marina Rules. Owner agrees that upon expiration or termination of this Agreement, Owner will remove the Vessel from the Space leaving all facilities and utilities in good order and condition, reasonable wear and tear excepted. Owner agrees that if he fails to remove the Vessel in a timely manner, he shall be required to pay Marina for holdover at double the contract rate. In addition, in the event Owner fails to remove the Vessel from the Space upon termination or is in default of his payment obligations herein, the Marina may move the Vessel, including placing the Vessel on dry land, at the Owner’s sole risk and expense. Owner agrees that the Marina shall not be liable or otherwise held responsible for damage, loss or expense in connection with such removal or storage. The Marina shall not be deemed a “bailee” of the Vessel pursuant to this paragraph. Notwithstanding anything contained within this Agreement to the contrary, Owner shall not have the right to remove the vessel or any part thereof from the Marina’s premises until all fees, other charges and liens owed by Owner, have been paid to the Marina. In addition, upon default of Owner, Owner hereby grants Marina the right to place a lock or other restraint on the Vessel, which shall be in addition to any other remedies available to the Marina by law.

8. Limitation of Liability. Marina assumes no responsibility for damage to and shall not be liable for the care, protection and security of the Vessel or any other property of the Owner. Use of the Space or any other facilities of the Marina is at the sole risk of the Owner. Additionally, the Marina accepts no responsibility for any intrusion, theft, vandalism, arson or other criminal act of any kind on the Vessel or the property of the Owner. Owner shall be liable for all damages to the Marina facilities and to all other vessels and injuries to persons caused by the Owner’s Vessel, Owner or the Owner’s guests, agents and invitees. The Owner hereby releases and agrees to indemnify and hold harmless the Marina from any and all injury, loss, damage, liability, claims, demands or suits of any nature whatsoever arising out of, or in any way connected with the use of the Marina’s facilities, by Owner or its guests, agents and invitees. The Owner releases and shall hold harmless the Marina from any and all liability for loss or damage of whatever nature to the Vessel or other property arising from fire, theft, collision, hurricane, conditions of tide, wind, current, ice, acts of God or other natural forces or acts or omissions of the Marina. The Marina shall not be liable for any acts beyond its control, including any failure of Marina equipment that makes it difficult or impossible for the Owner to use the Vessel. The Marina shall not be liable for any acts beyond its control, including the failure of water supply, power and other utilities.

9. Authority. Owner agrees that, unless Marina is otherwise notified in advance in writing, anyone in possession or apparent charge of the Vessel shall be deemed to have the authority to act on behalf of Owner and Marina shall be entitled to accept and act in reliance upon orders or requests by such persons for services, supplies, work, labor and other materials of any kind for the benefit of the Vessel.

10. Marina’s Possessory Lien. Owner agrees that Marina has a possessory lien upon the subject Vessel for all storage fees, dockage fees and other costs, fees, charges and expenses set forth within F.S. §328.17. In the event that the Owner fails to pay any such storage charges, dockage fees and other costs, fees, charges and expenses then the Marina shall be entitled to satisfy its possessory lien by giving the required notices and selling the Vessel in accordance with the provisions of F S 328 17. The Owner shall be responsible for keeping the Marina Informed of any change of address.

11. Miscellaneous. Notices shall be deemed to be served if written notice is given to the Owner personally or mailed to the address contained within this Agreement. This agreement sets forth the entire agreement between both parties and supersedes any and all prior agreements made by the parties. The parties agree that if provision, sentence, phase or word is deemed unenforceable by any administrative agency or court of law, the remainder of the document remains in full force and effect and is binding on the parties. Should it become necessary for the Marina to obtain the services of an attorney to collect sums due or to enforce the liens of the Marina any other provision of this Agreement, the Owner shall be obligated to pay all costs, expenses, attorney fees and court costs incurred by the Marina.

Complete below at Banyan Bay Marina Office:


☐ I Agree to the terms and conditions.

Signature:

Date:



Banyan Bay Representative:

Date: