Owner acknowledges that this contract is for storage only. Neither Landlord or the real estate property owner carries insurance on stored boats and are not responsible for damage of any kind to boat, trailer, contents, gear, or equipment including, but not limited to, theft, fire, vandalism, malicious mischief, wind, water, Act of God, or otherwise. Except as indicated in paragraph 2 below, Owner accepts full responsibility for any and all damage or loss to his/her property while in storage and agrees to carry full coverage insurance on his/her boat at all times while in storage.
Owner shall not hold Landlord liable for any loss resulting from freezing except to the extent that said loss is the result of the gross negligence of Landlord, its employees, or agents.
Owner gives Landlord permission to move the boat within the premises at any time during the storage period.
Owner must obtain approval from Landlord prior to anyone performing work on the boat while in storage. Anyone performing work on the boat must provide Landlord with relevant proof of insurance acceptable to Landlord. Landlord reserves the right to refuse entry to any person, other than the Owner, for any reason. Owner is responsible for cleanup and debris removal. Owner is liable for damage to any surrounding personal or real property. NO HULL SANDING OR SPRAY PAINTING INSIDE THE BUILDING IS PERMITTED. Owner shall not fill fuel tanks before storage.
Owner is solely responsible for maintenance of the trailer. Owner shall also indemnify and hold Landlord harmless with respect to any damage, liability, loss, cost or expenses incurred or suffered by Landlord as a result of Owner installing, locating, storing or removing its boat from the premises, related to Owner’s breach of this Agreement or related to Owner’s negligence.
No heaters of any kind are to be used in, on or near any boat while in storage. No hazardous or noxious materials may be stored in or near the Owner’s boat at the premises.
Owner is hereby put on notice that Landlord claims a possessory lien on the boat under the Michigan Marina and Boatyard Storage Lien act (MCL § 570.371 et seq). Owner acknowledges that the amounts owed to Landlord, and secured by this lien, include i) any storage fees incurred after the Move Out date on a pro rata basis based on the previous term’s storage rate, and ii) any costs incurred as a result of Owner’s failure to remove the boat from the premise, including, but not limited to, moving costs.
Owner must notify Landlord in writing if the boat is sold or if he/she has given permission for anyone other than him/herself to board or remove the boat.
Payment for storage is due in advance. For the initial storage period, payment is due prior to the boat entering storage. For any renewal period, payment is due prior to the expiration of the previous term.
The failure of Landlord to enforce any of these provisions shall not constitute a waiver for enforcing them at a later time. Any amendments to this Agreement must be in writing and signed by both parties.