ST. AUGUSTINE SHIPYARD, LLC 255 Diesel Rd., St. Augustine, FL. 32084
Phone: (904)671-4288 www.staugustineshipyard.com
Boat Storage Agreement
This Boat Storage Agreement is made this , day of , 20 , by between St. Augustine
Shipyard, LLC of the address of 255 Diesel Rd., St. Augustine, FL 32084 hereafter called “Shipyard”, and hereafter called “Owner”.
St. Augustine Shipyard, LLC is the owner of a marina storage facility located in St. Johns County, Florida (the “Facility”); and Owner desires to store a certain boat and motor and/ or trailer at the Facility described as follows (collectively called the “Boat”)
Owner of the BOAT or Authorize Agent
Full name: Mailing Address: City, State, Zip:
Contact Number: E-Mail:
Boat Information
Boat Model: Boat Year:
Color: Registration#:
Length Overall: (including swim platform/pulpit)
Beam: (At the Widest point of the vessel)
Height Overall:
Motor Information
Make: Model: Serial#: Make: Model: Serial#: Make: Model: Serial#:
Boat Insurance Information
MUST BE PROVIDED IN ADVANCE OF SERVICE/STORAGE
A copy of the Certificate of Insurance is attached here to and made a part of this contract. Initials:
Insurance Name:
Phone: Policy#: Permitted users other owner: Additional Terms and Conditions:
OWNER AGREES TO NOTIFY SHIPYARD IMMEDIATELY OF ANY CHANGE TO CONTACT INFORMARTION, CREDIT CARD, OR DEBIT CARD STATUS
NOW THEREFORE, Owner warrants and agrees that the information provided by Owner in the Background is true and correct and the parties further agrees as follows:
1. Storage Space. Shipyard hereby rents to Owner, and Owner does hereby lease from Shipyard the following storage space (the “Storage Space”) in the Facility. Shipyard agrees to make reasonable provision for the transportation of the Boat from the Storage berth to the waters of San Sebastian River. Such service shall be provided by Shipyard at times reasonable and
consistent with other demands of the business operation and Equipment by the Shipyard from the premises.
CC# Exp / , or the bank debit card # for all Rent and other amounts due to Shipyard under this Agreement.
3. Term. This Agreement shall have an initial term of months beginning and continuing thereafter until terminated by either party with 30 days prior written notice as provided in this Agreement. If Owner terminates the lease prior to the end of the then current term, the rent for balance of such term shall nevertheless be due and payable. However, if owner completes a bona fide sale of the Boat, the term can be cancelled with 30 days written notice even during the initial term, accompanied by a notarized copy of Bill of Sale.
4. Terms and Conditions. The “Boat Storage Terms and Conditions” attached to this Agreement are incorporated herein as though fully set forth herein.
Terms and Conditions
1. Boat. The term “Boat” relates only to the above described boat and motor and shall not include any other gear related to or in any way used in connection with the above described Boat. Shipyard shall not be responsible or held liable in any way for any gear or personal property left aboard the Boat.
2. Charges. Purchases of goods or services from Shipyard shall be charged to the Owner’s credit card or bank account described above when they occur and Rent will be charged and payable on the 1st of each month. Authorization shall not be cancelled until the Boat is removed from the
Facility following proper notice and thereafter until all charges, Rent and other amounts due under this Agreement are paid. If payment is declined for any reason by Owner’s credit card or bank, Owner agrees to pay a 5% late fee plus interest at 1.5% monthly, not to exceed the maximum rate allowed by law. There will be a $100.00 fee charged to Owner each time Owner’s Boat is trailered each way during the term of this lease Agreement.
any proceeds in excess of the amount required to pay the cost of the sale and Obligations will be returned to the Owner and if there is a deficiency Owner will be responsible for that deficiency. 4. Shipyard Store. Shipyard may sell owner fuel products, ice, bait, or other items from the
Shipyard Store on an open account for which credit card has been established. It shall be presumed that Owner accepts the accuracy and responsibility for all such charges unless Owner notifies Shipyard of any objections within thirty (30) days of charge. Owner is responsible for all charges to the Owner’s account at the Shipyard store, and charges for service, repairs, towing and storage services rendered by Shipyard whether ordered by Owner or any Permitted User or guest of Owner or Permitted User.
5. Taxes. Owner agrees to pay and discharge, as often as they shall become due, any and all taxes, licenses, assessments, duties, imports and charges which may be levied, assessed or imposed during the term hereof with respect to the Boat and Owner’s ownership and/or use of the Boat or the Storage Space.
6. Condition. Owner shall keep the Boat and all equipment there in good condition and comply with all ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereinafter be in force, pertaining to use of the Marina or the Boat. Owner, its agents, servants, employees or guests shall not dump any solid waste (whether biodegradable or not) in the waters adjacent to the Shipyard, including but not limited to, scrap fish, garbage, fish entrails. In addition, there shall have no dumping by Owner, or any of its agents, servants, employees or guests, of any oil or other pollutants into said adjacent water. Shipyard shall have no liability for damages and/or suits for or by reason of any injuries to any person or persons or property of any kind whatsoever, whether the person or property of Owner, its heirs, successors, assigns, agents, servants, employees, guests or other third person, from any cause or causes whatsoever while in or upon the Facility and adjacent water including, without limitation, the Storage Space or any activity carried on by the Owner in connection therewith or Shipyard’s performance under this Agreement. Owner shall not store or cause or permit to be stored any flammable materials on Shipyard premises other than fuel in proper tanks onboard the Boat. There shall be no construction work or repair of the above described Boat by Owner, agents or employees of the Owner. ALL BOATS MUST BE EQUIPPED WITH A BATTERY SWITCH PRIOR TO STORAGE. The automatic feature of the bilge pump shall be wired directly to the vessel’s battery for protection when the battery switch is in the “OFF” position. Should a question arise whether or not a boat is rack storable and/or forklift moveable, it shall be Owner’s responsibility to seek, through boat manufacturer, an answer to the question. Shipyard shall not be held for damage to any boat not deemed rack storable and/or forklift moveable. 7. Indemnity. Owner shall indemnify and save Shipyard harmless against all cost, expenses,
injunctions, fines, penalties, cost of defense and attorney’s fees imposed against and/ or incurred by Shipyard account of any breach of this Agreement by Owner’s agents, servants, employees or guests or any negligence of any of such persons or the discharge by Owner, its agents, servants, employees r guests by any such persons of gasoline, oil and other petroleum and other products onto the ground or into the waters near the Facility.
8. Parking. Shipyard reserves the right to designate parking areas for motor vehicles of Owner, its agents, servants, employees and guests, and Owner agrees that Shipyard shall enforce compliance with any such designation.
repairs to the Storage Space except as herein provided, and Owner agrees that Shipyard shall not be liable for any damages caused by failure to make any repairs. Owner agrees upon termination of this Agreement, to surrender possession of the Storage Space without notice. Shipyard shall have the right, but not the obligation, to relocate the Boat and to operate the Boat during emergencies for the making of repairs whenever required, at the sole discretion of Shipyard. Shipyard shall have the right, but not the obligation, to board the Boat in order to pump out the Boat if it is determined by Shipyard to be in danger of sinking or damage to the storage area where the Boat is stored. Owner shall pay Shipyard for such services, and Shipyard shall have the right to collect the same under provisions herein.
10. Casualty. In the event that the premises herein are destroyed by fire, storm or other hazard, Shipyard shall have the option of immediately terminating Owner’s right of occupancy of the Boat Space, or shall have the option to rebuild. In the event that Shipyard elects to rebuild, then Owner agrees to remove its Boat during the time required for Shipyard to repair or replace storage facilities. In the event that such repair or replacement takes longer than ten (10) days and if Shipyard provides Owner with storage space at the Facility, such repair or replacement, the rent shall not be abated. In the event that such repair or replacement takes longer than ten (10) days and Shipyard is unable to provide Owner with a storage space at the Facility, the rent shall abate during the period required for repairs.
11. Use Rules. Owner shall comply with all reasonable rules in effect from time to time at the Facility. Those Rules shall include the following:
a. Fish shall be cleaned ONLY at designated locations. No fish shall be cleaned from the Boat. b. Owner shall neither sell nor offer to sell anything from the Facility or from the Boat on
waters adjacent to the Facility.
c. Owner shall not permit the consumption of alcoholic beverages by Owner, Owner’s agents, servants or guests at the Facility or from the Boat on waters adjacent to the Facility.
d. Owner shall comply with all restriction relating to noise, odors, garbage, waste or fuel disposal, pets, parking or safety.
e. Advertising or soliciting (expressly including “For Sale” signs) shall not be permitted on any Boat at the Facility other than by Shipyard or its affiliates.
f. During the time of this Boat Storage Contract Owner has access to the Boat to work on it, in a place determined by Shipyard and during times acceptable to Shipyard. In addition, Owner’s outside contractor performing that type work may access the Boat after provides a Certificate of Insurance satisfactory to Shipyard, naming Shipyard and additional insured. Owner acknowledges that the outside contractor’s insurance does not absolve Owner of responsibility for injuries or damages arising from the outside contractor.
g. Owner, Owner’s agents, servants or guests and any other non-authorized person are not allowed inside of the Boat Storage. Shipyard provides “Valet” service for the vessel, meaning that Owner shall request Shipyard for the boat to be launched or moved.
12. Insurance. Owner acknowledges Shipyard does not carry insurance on the Boat. Owner shall provide and maintain property damage and liability insurance coverage on its Boat for the period of storage at Shipyard under this Agreement and the name St. Augustine Shipyard, LLC as additional insured. Owner agrees to contact insurance within 48 hours giving insurer St. Augustine Shipyard, LLC’s address and requesting they mail to Shipyard a copy of the Certificate of Insurance and all renewal notices. Owner further accepts responsibility for any injuries to persons or damages to other boats or Shipyard’s property caused by the Boat or caused by any persons brought to Shipyard by Owner or otherwise present at Shipyard as Owner’s invitees. 13. Disclaimer. Shipyard makes no warranties or representation hereunder other than those
Shipyard shall be limited to the undertaking expressly assumed in the Agreement. Shipyard is not responsible for, and Owner waives any claim against Shipyard for damages or loss (i) caused by improper condition of the Boat, (ii) any acts or omission by Owner its agents, servants, employees or guests by any such persons, (iii) that may occur to add on items such as dolefins, stepped hull configurations, kicker motors, transducers or other accessories. Minor damage is a naturally occurring event in the launch, retrieval and racking of vessel. Accordingly, Owner agrees that Owner shall be responsible for the payment of repairs per occurrence regardless of whether or not caused by the negligence or other failure of Shipyard and persons for which it is responsible. In addition, shall be limited to direct damages and no consequential, indirect or punitive damages shall be sought or recoverable, all claims to which are hereby waived.
14. Miscellaneous.
a. Notice. Any notice which either party may or is required to give under the terms of this Agreement shall be given in writing and either delivered by hand, delivered by mailing the same, postage prepaid to the Shipyard or Owner at the address as shown above or such other address as may be designated by the parties in writing and mailed to the other party by certified mail, return receipt requested. Changes in Rules and Storage Rates may be made at anytime by Shipyard by business letters, email, newsletter, posting on the Facility in a conspicuous space or any other written notice and shall become effective when so delivered or posted.
b. Applicable Law; Disputes. The rights, obligation and remedies of the parties under this Agreement shall be interpreted and governed in all respects by the laws of the State of Florida. All legal actions arising out of or connected with this Agreement must be instituted solely in the Circuit Court of St. Johns County, Florida, or in the Federal District Court for District of Florida, Both parties hereto expressly WAIVE ANY TRIAL BY JURY OF ANY DISPUTE ARISING OUT OF THIS AGREEMENT OR THE SUBJECT ATTER OF THIS AGREEMENT.
c. No Waiver. Failure of Shipyard to insist upon strict performance of any of the covenants or conditions of this Agreement or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment of any such covenants, conditions or options but the same shall be and remain in full force and effect. The acceptance by the Shipyard of Rent or payment for charges to Owner’s account at the Shipyard Store or for services, repairs, towing or storage services rendered by Shipyard shall not be deemed a waiver of Shipyard’s right to demand and enforce compliance with all other terms of this Agreement.
d. Assignment; General. Owner shall not have the right to assign this Agreement without prior written consent of Shipyard. In the event such written consent is given, any assignee shall agree in writing to be bound by the terms of this Agreement. The words “Shipyard” and “Owner,” wherever used in this Agreement, include heirs, devisees, legatees, executors, administrators, legal representatives, successors, or permitted assigns of Owner of Shipyard. Captions are used for convenience only and shall not be considered or referred to in resolving questions of interpretation for construction.
IN WITNESS WHEREOF the parties to this Agreement have executed below as of the date first above written:
Owner: St. Augustine Shipyard, LLC:
