This Vehicle and Vessel Service Contract (“CONTRACT”) is effective on the date acknowledged and agreed to by customer (“TENANT”) and Adelaide Pointe QOZB, LLC (“LANDLORD”) via this reservation. TENANT acknowledges and agrees this acknowledgement is evidenced by acceptance of these terms and conditions AND payment for services made via any payment method. TENANT affirms that payment for services acknowledges they have and have provided signatory authority to agree to these terms and conditions. This CONTRACT establishes the day of acknowledgment and payment and terminates on June 1 the year following acknowledgement and payment or when the stored vehicle/vessel is removed from storage, whichever is earlier. Landlord reserves the right to remove the vehicle/vessel at its discretion after June 1st in accordance with the provisions hereof. If the vehicle/vessel remains on premises after June 1, Tenant agrees to pay a weekly holdover charge of 1/26th of the winter storage fee per week until vehicle/vessel is retrieved by Tenant. Additionally, the following terms and conditions of this storage contract are as follows:
1. LANDLORD reserves the right to assign storage space, but all efforts consistent with good business practices and the rights and desires of other Tenants will be exercised in an effort to assign storage space desired by TENANT.
2. LANDLORD reserves the right to lease or refuse to lease to any person for any good or pertinent reason.
3. It is agreed between both parties that TENANT shall not assign, transfer or permit the use of assigned space to any other party without written consent of LANDLORD.
4. TENANT agrees that only reasonable and customary use will be made of the storage facilities covered hereby, and that no unnecessary wear and tear, disturbance, nuisance, rubbish or garbage will be permitted on the premises, and that TENANT will keep premises covered hereby free and clear of waste, debris, and all other obstructions.
5. Any infraction of the rules and regulations contained herein or as posted in the office by LANDLORD shall, at the option of LANDLORD, cancel this lease agreement upon ten (10) day’s notice, and TENANT shall remove his vehicle/vessel from the premises.
6. TENANT agrees to disconnect all batteries and electrical circuits of vehicle/vessel UNLESS AC power service is purchased from LANDLORD. In any event, LANDLORD cannot and does not guarantee the continuity and quality of electrical service where provided. TENANT agrees that any damage that occurs to TENANT’s batteries or electrical systems while in the custody of LANDLORD is NOT the responsibility of the LANDLORD.
7. TENANT agrees to remove all hazardous materials from vehicle/vessel except those hazardous materials that are required for the proper function and movement of the vehicle/vessel.
8. LANDLORD shall not be responsible for delays in hauling, launching, or winter lay-up, occasioned by inclement weather or any other circumstances beyond its control.
9. A TENANT may not work on his own vehicle/vessel or permit any other person(s) to do so, in or on the premises of LANDLORD without the prior express written consent of Landlord. In the event such permission is given, TENANT agrees to pay $100 / day permission is given. TENANT’S work shall not interfere with the rights, privileges and safety of other persons or property. LANDLORD reserves the right to require any outside mechanic, craftsman or any other persons. LANDLORD permits to work on TENANT’S vehicle/vessel while in or on the premises of LANDLORD to first provide LANDLORD or his yard manager with a standard certificate of workman’s compensation and liability insurance coverage in order to protect the health, safety, welfare and property of other Tenants. Failure to meet these requirements will result in TENANT being required to remove TENANTS vehicle/vessel from the premises of LANDLORD for repairs.
10. TENANT agrees that TENANT’S vehicle/vessel dimensions may be audited by LANDLORD and that actual measurements will be used to assess additional charges in the event that TENANT does not provide correct measurements during reservation. Both beam and length will be rounded up to the nearest linear foot. Extrusions such as bow pulpits, top rails, props, and swim platforms shall be included in audited measurements.
11. It is UNDERSTOOD AND AGREED that no vehicle/vessel is to be removed from its space unless and until all charges for space rental, service and/or materials (if any) have been paid in full.
12. TENANT AGREES THAT IN THE EVENT SUIT IS BROUGHT ON BEHALF OF THE LANDLORD AGAINST TENANT TO COLLECT ANY AMOUNTS DUE OR TO BECOME DUE HEREUNDER, OR TO ENFORCE ANY APPROPRIATE MARITIME OR OTHER LIENS, THE TENANT SHALL PAY THE LANDLORD’S REASONABLE ATTORNEY FEES FOR SUCH SUIT OR COLLECTION PLUS COSTS, AS PROVIDED BY LAW.
13. TENANT agrees that any unpaid amounts due LANDLORD under this Agreement and any other charges permissible under the law, constitute a lien on the property in favor of LANDLORD pursuant to the Michigan Marina and Vehicle/vessel yard Storage Lien Act (MCL 570.371 et seq.). TENANT agrees to pay for LANDLORD’S reasonable attorneys’ fees and costs incurred in enforcing this provision.
14. In the event TENANT fails to remove his vehicle/vessel and property from the space rented to TENANT at the termination of the space rental term as defined in Paragraph one (1) of this agreement, LANDLORD may at its sole option; (l) charge to TENANT’S account rent daily on a pro rate basis for each day the space is occupied; (2) avail itself of the remedies provided for in Paragraph fifteen (15); and (3) avail itself of any other remedy available to LANDLORD under the law.
15. If TENANT becomes delinquent in rental payments, LANDLORD shall have the right to take over the property of TENANT and to secure the property to the space occupied, or to store it in any other location. Space made vacant by the removal of property of TENANT may then be rented to another tenant at the discretion of LANDLORD.
16. INSURANCE: TENANT AGREES that he will keep the vehicle/vessel fully insured with complete marine / auto insurance, including hull coverage and indemnity and/or liability insurance. Prior to insertion of vehicle/vessel TENANT will provide Landlord proof of insurance. LANDLORD DOES NOT CARRY INSURANCE covering the property of the TENANT. LANDLORD WILL NOT BE RESPONSIBLE for any injuries or property damage resulting, caused by, or growing out of the use of storage facilities. TENANT RELEASES AND DISCHARGES LANDLORD from any and all liability from loss, injury (including death), or damages to persons or property sustained while in or on the facilities of LANDLORD, including fire, theft, vandalism, windstorm, high or low waters, hail, rain, ice, collision or accident or any other Act of God, whether said vehicle/vessel is being parked or hauled by an Agent of LANDLORD or not.
17. Operation of the vehicle/vessel shall be restricted to the PARTIES ACKNOWLEDGED IN THIS AGREEMENT, unless otherwise specified IN WRITING herein or by said signatory. 18. TENANT shall provide LANDLORD with a set of main door or hatch and ignition keys. Except for removal, launching or relocation of Tenant’s vehicle/vessel pursuant to the terms of this agreement, the vehicle/vessel will be entered by LANDLORD only for periodic inspection or for emergency service.
19. IN CASE OF EMERGENCY, as determined by LANDLORD, LANDLORD shall be authorized to move the subject vehicle/vessel, if possible and practical, to a safer area to protect the vehicle/vessel, property or general welfare if vehicle/vessel is unattended and TENANT cannot be reached. However, UNDER NO CIRCUMSTANCES is LANDLORD under any obligation to provide this service. Any costs incurred by LANDLORD shall be billed at the yard rate or as posted in office. TENANT agrees to indemnify LANDLORD and hold LANDLORD harmless from any and all liability, loss or damage caused by or to the subject vehicle/vessel which may arise out of failure of TENANT to move the vehicle/vessel, the inability of LANDLORD to reach TENANT, or by the movement of the vehicle/vessel by LANDLORD. In general, TENANT shall be solely responsible for any emergency measures.
20. DRY STORAGE SURVEY AND INSPECTION: TENANT authorizes LANDLORD to thoroughly survey the vehicle/vessel for fire hazards at hauling or prior to moving to dry storage. TENANT understands that this regulation is formulated, enforced and conducted solely for the protection of TENANT. The promulgation and enforcement of these rules and regulations, the conducting of the survey, the failure to require or fully perform a survey with respect to other TENANT(S) will not subject LANDLORD to any duty or liability to TENANT with respect to fire or explosion prevention or detection. In general, any survey will be solely at the discretion of LANDLORD.
21. DRY STORAGE PROTECTIVE COVERING: TENANT assumes full responsibility for providing adequate covering to protect the vehicle/vessel from any and all perils while the vehicle/vessel is on or in the premises of LANDLORD. 22. REMOVAL OF PERSONAL PROPERTY: TENANT should remove any personal property the vehicle/vessel prior to dry storage. IT IS UNDERSTOOD AND AGREED THAT LANDLORD WILL NOT BE RESPONSIBLE FOR ANY ITEMS OR PERSONAL PROPERTY LEFT IN TENANT’S VEHICLE/VESSEL.
23. TENANT agrees that LANDLORD is not responsible for any damage, destruction, accidents, death, or theft while transporting TENANT’s vehicle/vessel to and from TENANT provided location.
24. TENANT agrees and testifies that TENANT has proper insurance that covers the Landlords operation of TENANTS vehicle/vessel if being operated by LANDLORD.
25. Tenant agrees that all charges for space rental, repairs, or any other services or materials accruing under this agreement shall give LANDLORD a valid lien upon TENANT’S vehicle/vessel and/or motor and that no vehicle/vessel shall be removed from the LANDLORD’S premises until all charges are fully paid.
26. This agreement is performable, and venue shall be in the State and County of LANDLORD.
27. All notices given under this agreement shall be to the addresses for the parties set forth.
28. ENTIRE AGREEMENT: This agreement contains the entire understanding between TENANT and LANDLORD and no other representation or inducement, verbal or written, has been made which is not contained in this agreement. LANDLORD and TENANT agree that if any paragraph or provision violates the law and is unenforceable, the rest of the contract will be valid.
29. Tenant certifies that he has read and understands the terms and provisions set forth both on the front and back of this agreement. Tenant further certifies that he has examined the premises upon which TENANT’S vehicle/vessel shall be stored and finds it suitable and acceptable.