Salt Creek Yard Agreement

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107 15th Ave SE
Saint Petersburg, FL 33701
727.895.4481
saltcreekmarina@gmail.com
SERVICE, STORAGE AND YARD AGREEMENT
This Agreement shall be effective on the date hereunder by and between the undersigned Owner or Agent of the vessel(s) hereinafter ("Customer")
described below and Salt Creek Marina, Inc. hereinafter "SM" located at 107 15th Ave SE. St. Petersburg, FL 33701 hereinafter ("Boatyard").
Please print and complete in full. Read before you sign.
Relationship: ( ) Boat Owner ( ) Contractor hired to work on boat ( ) Boat Captain ( ) Owner’s Agent ( ) Broker ( ) Other
Customer Name:
______________________________
Driver License or Passport:
______________________________
Billing Address:
______________________________
Boat Year & Make:
______________________________
______________________________
Boat Registration No:
______________________________
______________________________
Phone:
______________________________
______________________________
Email:
______________________________
Mailing Address:
Boat Size: (per registration) Length:_________ Beam: _________ Draft: _________ Combo or Key: _________
Sling Indicators Yes ___ No ___ Stabilizers Yes ___ No ___ Center Board Yes ___ No ___
(All measurements must include appendages)
Insurance Information (copy attached): ________________________________________________________________
Authorized Persons on Vessel:
________________________________________________________________
Emergency Contact:
________________________________________________________________
CUSTOMERS SHALL NOT; A) MOVE ANY BLOCKS OR BOAT STANDS; B) OPEN ANY SAILS; OR C) START ENGINES ON DRY
LAND FOR ANY REASON WHATSOEVER.
THIS IS A LEGALLY BINDING DOCUMENTS. CAREFULLY READ THIS ENTIRE THREE PAGE AGREEMENT INCLUDING ALL
EXHIBITS, RULES AND REGULATIONS AND ADDENDA BEFORE SIGNING BELOW.
______________________________
Customer Signature
Date: 2/10/2016
______________________________
Salt Creek Marina, Inc.
Authorized Representative
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Standard Charges and Fees:
Haul Out Services:
Haul, Block, Launch:
Center Board Travel Lift Access:
Boat Survey:
$12/ft
$100/hr
$8/ft
Storage:
Short Term:
Short Term:
Long Term (3+ Months):
Trailer/RV Storage:
$35/day
$600/month
$10/ft plus haul/block/launch fees
Various depending on size.
Labor Rates:
Mechanical:
Rigging:
Pressure Washing:
Excessive barnacle removal:
$85/hr
$85/hr
$2.75/ft
$100+
Service Charges:
Full Service Bottom Job
$41/ft up to 29'
$42/ft up to 39'
$43/ft over 40'
A full service bottom job includes standard preparation work as follows; pressure washing, typical barnacle scraping, light sanding,
sandblasting running gears and propellers. Two full coats of paint with a third coat on the water line. Minor blister repair with sealer shall
be included. Base line paint shall be included in price. Any upgraded paint or additional coats Customer shall pay the difference.
Primer/Barrier application entire hull (1 coat ):
Center Board Job:
Un-Step Mast:
Step Mast:
Sandblasting entire hull:
Peel:
Blister repair (grinding/sanding/barrier coat):
$13/ft
$285
$250 (does not include rigging)
$250 (does not include rigging)
$23/ft
$25/ft
$85/hr
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Storage Space:
A. SM demises and leases to Customer a certain space located at Boatyard as set forth herein. Such Space shall be sufficient for the
storage of Customers boat or equipment in the area designated by SM. SM reserves the right to change the location within the
Boatyard at any time in their sole discretion.
B. Boat Poppets are the property of the Boatyard. Each vessel will be provided with the proper poppets for storage upon haul out.
Rent:
A. All storage fees shall be paid on the 1st of each month and be paid in full prior to removal of vessel from Boatyard.
B. SM reserves the right to change its rates upon one (1) month’s notice.
Term:
A. The term of this Agreement shall cease upon Customer removing their vessel from the Boatyard. No vessels shall exceed twelve
months for any term including but not limited to lay days, short or long term storage without prior written consent of SM.
B. Customers in good standing may renew this Agreement by giving the Boatyard adequate notice. .
Customer Responsibilities and Warrants:
A. Customer agrees to comply with SM’s rules and regulations as amended from time to time and SM reserves the right to terminate
this Agreement. All of the terms and provisions of this Agreement shall apply to any vessel owned by Customer that is on SM
premises.
B. Contract must be signed by Customer or Customer’s agent before vessel will be officially accepted by SM for storage and current
insurance policy must be provided and filed on record with SM as additionally insured.
C. Customer warrants that the vessel is adequately insured and that the vessel shall remain adequately insured while at SM’s
premises and that Customer will take solely to its own insurance policy for recovery of any loss or damage to the vessel.
Customer further agrees to have SM named as an additional insured on any such policy of insurance covering damage to the
vessel or providing for liability coverage as a result of the use, operation, or control of the vessel, with full waiver of subrogation
against SM, for all times the vessel remains at SM’s premises. It is the Customer's responsibility to ensure the Boatyard has a
current copy of Customer's insurance policy at all times. Failure to provide current insurance policy will result in neglect from
Customer, void any responsibilities of Boatyard, and immediately be in default according to this Agreement.
D. Customer understands that there are certain intrinsic dangers involved in the hauling and launching of vessels. SM utilizes travel
lifts with straps which are placed under the vessel. This method of lifting the vessel may place significant strain on the vessel,
specifically including extended keels. Customer hereby warrants that, prior to requesting SM to lift the vessel, it has had the
vessel inspected by a qualified person or firm to insure the vessel’s structural integrity and ability to withstand the stress of being
hauled or launched. Customer hereby waives any claim it may have against SM for property damage, personal injury, or loss
arising out of the hauling, blocking, or launching of the vessel.
E. Customer grants to, agree, and understands that SM has and shall have a lien against the vessel(s), its appurtenances, equipment,
trailer and contents for any unpaid charges and fees incurred by Customer, and Customer agrees and understands that SM may
take possession of the vessel(s), its appurtenances, equipment, trailer and contents, with or without notice or demand whatsoever,
with or without process of law, and by using such force as may be necessary, and retain the vessel(s) until such time as all unpaid
charges have been made to SM and SM shall not be liable for damages or otherwise for such taking and retention. Customer
agrees it will not be allowed to work on its vessel(s) if any storage, service, or other charges by SM are in arrears.
Work on Boats:
A. Customers may work on their vessel, but are fully liable for any damage to their or other vessels, to Boatyard property, and the
environment. Customers wanting to plug boats into electric or otherwise use electric in the Boatyard must first contact SM for
authorization. The Boatyard reserves the right to prevent or stop any work being performed by a Customer or outside contractor
for any reason including but not limited to the safety of the Boatyard or others, hazardous to other people or the environment or
otherwise in their absolute and sole discretion.
B. Electric is provided to all Customers upon proper notice given to SM. Electric is provided for daily operation of tools or other
equipment to work on vessels only.
C. All Storage Space shall be thoroughly cleaned at the end of each day which shall include all supplies, tools, paints, or otherwise
stored and disposal of all trash and debris in the designated areas. Boatyard assumes no responsibility for any tools or supplies
left by Customer accordingly.
D. All paints, primers, and barrier materials must be purchased through the Boatyard. This is strictly enforced and failure to
purchase any such material through the Boatyard shall result in immediate forfeiture of all monies paid, removal from the
Boatyard, and any other default rights as defined in this Agreement.
Facilities:
A. Bathrooms and showers are provided as a courtesy to all Customers. SM will make best efforts to keep these facilities clean, but
reserves the right to limit access to these facilities at any time.
B. Boatyard has designated wash down areas for paint, gas, diesel, oil, transmission, or any other hazardous material. Customers
shall strictly follow the rules to properly dispose any regulated substance as determined by the Boatyard.
Outside Contractor(s):
A. Outside contractors may not undertake any work on vessels in the Boatyard without the prior approval of the Boatyard. The
contractor must provide evidence of liability insurance in the amounts agreeable by the Boatyard and adequate worker's
compensation and/or disability coverage. The Boatyard reserves the right to stop any contractor from work that is considered
disruptive or harmful to others or the environment. All outside contractors must check in with the Boatyard and work through the
Boatyard. The Boatyard reserves the right to request that the contractor bill through the Boatyard. The Boatyard reserves the
right to mark up the invoice or charged a fixed fee per subcontractor as applicable.
Security:
A. The storage of Customers vessel within the Boatyard pursuant to this Agreement shall be solely at the Customers risk. SM does
not provide any type of insurance protecting Customers personal property from loss by fire, theft, vandalism, falling limbs, wind,
or any other type of casualty loss. It is Customers sole responsibly to obtain such insurance. Customer hereby releases SM, its
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employees, agents and invitees from all liability for any loss or damage to Customers vessel or any other property whatsoever,
whether or not such loss or damage shall have been caused by the fault or negligence of SM, agents, employees, or otherwise.
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Liability:
A. RELEASE of Liability of SM. The owner, for itself, its guests, servants, agents, and/or employees hereby releases and agrees to
indemnify and hold harmless SM from any and all liability for personal injury, loss of life, and property damage (i) arising out of
the negligence SM or its employees and agents in connection with SM’s premises or the use of the storage space; (ii) in
connection with the owner’s boat, motor, and accessories while it is on the premises; and (iii) including loss or damage to the
owner’s boat, motor, and accessories or contents thereof due to fire, theft, vandalism, collision, marine equipment failure,
windstorm, rain, hurricane, or any other casualty or loss. SM is not to be considered under this Agreement as an insurer of the
vessel or property located on the vessel.
B. Liability for work and repairs. Owner agrees that SM will not be liable for workmanship and materials for services performed by
any contractor and that Owner will look solely to such independent contractor for any claims of loss or damages or warranty
work, whether the independent contractor contracted directly with the owner, or was provided as a service to owner by SM.
Environmental:
A. Customer shall, in and around the yard, comply with all laws, rules, and regulations concerning the protection of the
environment, including the Best Management Practices issued this facility or any other governing authority.
Default:
A. In the event that Customer fails or refuses to comply with any term of this Agreement including payment of fees, SM shall have a
lien on all personal property stored by Customer equaling all fees owed, labor or other charges in relation to the property and for
its preservation or expenses reasonably incurred in its sale or other disposition pursuant to his Agreement. Customer shall hold
harmless SM from and against any expense, loss or liability (including, without limitation, legal and collection fees) suffered or
incurred by SM or any third party as a result of or in connection with any breach by Customer.
B. SM reserves the right after thirty (30) days of any nonpayment or default, providing a Notice of Non-Judicial Sale of Vessel to
the Customer at address provided in this agreement, may sell the vessel at Non-Judicial Sale within the provisions of Florida
Statute. The Customer shall be responsible for keeping SM informed of any changes of address. This provision is applicable to
any vessel owned by Customer that is on SM premises. Nothing contained herein shall limit or restrict SM remedies allowed in
law or equity.
C. Owner shall reimburse SM for any and all expenses, including court costs, collection charges and fees incurred in enforcing any
provision of this Agreement, including reasonable attorney’s fees at all trial and appellate levels. Any charges that become past
due five (5) days or more shall bear interest at the rate of 18 percent per annum.
D. Failure to obey any terms or Rules & Regulations of this Agreement including but not limited to all environmental, paint, or
disposal concerns shall result in an additional rent and fee of not less than five hundred dollars ($500.00) per occurrence.
Miscellaneous Terms:
A. SM hours are as posted (SM reserves the right to change hours at any time without notice). This Agreement shall be binding on
the heirs, successors, representatives or assigns of the parties hereto. This agreement may not be assigned by the Customer
without the express written consent of SM.
B. This Agreement, together with Rules &Regulations, Environmental, Price Chart, and all addenda and exhibits, are a part of, and
constitute the entire agreement between Customer and SM.
C. Safety to others.
D. No oral statements or prior written matters with respect to this Agreement dealt with herein shall have any force or effect.
E. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of
Florida.
F. SM will assign repairs without written consent, if necessary, and SM reserves the right to move or haul Owner’s boat if, in the
opinion of SM, an emergency arises making such hauling necessary and the Owner agrees to pay for such moving or hauling
together with necessary emergency repairs at regular prevailing rates.
G. Boats will be delivered from storage on an order from Owner upon twenty-four (24) hours advance notice, and payment of the
account in full by cash, certified check, wire transfer, or its equivalent. Personal checks will not be accepted unless credit is
established with SM two weeks prior to payment.
H. All vehicles will be parked in designated areas or, upon permission of Yard Foreman, may be parked on the service yard but must
not block the travel lift lane or be left unattended. Vessel owner agrees to be responsible for any damage caused by such vehicles
whether owned by vessel owner, his guest or contractors performing work on owner’s vessel.
I. SERVICE AREA CLEAN-UP. Customer shall leave the service pad or work slip and surrounding area in clean condition at the
end of each work day, removing any working supplies or equipment, including, but not limited to, sandpaper, paint, paint buckets
and rollers, and paper of any kind, regardless of whether yard garbage barrels are full. Customer agrees to pay SM a service pad
clean-up fee of $50.00 per hour to clean-up the area if it is left in disarray on each day the area has been contracted for.
J. The cost of disposal of excessive refuse from work by Owner will be charged to the Owner as an authorized add-on.
Rules & Regulations:
A. Occupancy of boat during period of storage is not permitted.
B. In the event of a storm, natural disaster, or for any other reasons, SM reserves the right to move any boat that it deems necessary
for the mutual safety of all. Customer agrees to pay SM its prevailing rates for this service.
C. No pets will be permitted to roam the facility and must be kept under strict control at all times.
D. No contractors or sub-contractors will be admitted to SM or be allowed to work on any boat covered by this contract, except
those who meet the requirements for SM and have been authorized by SM.
E. SM maintains a strong policy against the use of alcoholic beverages and drugs by employees and visitors during their presence on
the SM property. SM reserves the right to remove any persons whose conduct, in its sole judgment, is detrimental to the orderly
operations of SM.
F. SM hours are as posted (SM reserves the right to change hours at any time without notice).
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G.
Free running water in the yard is not permitted. All hose must have a shut off valve or spray nozzle. Leaking or faulty fittings
will be removed by yard.
H. Disposal of oil and other wastes must be in closed containers of five (5) gallons or less, and brought to the recycle area as
designated by SM. Fifty-five (55) gallon drums may not be used for waste containment.
I. Vessels requiring hot work, flame cutting, welding, etc. must notify the yard office to determine if any special safety conditions
may be required for such work. A fire watch person is required at all times during hot work operations.
J. Spraying and sandblasting is prohibited except by approved contractors of SM and only in designated areas. Open sanding is not
permitted. The product generated by sanding or grinding will be vacuumed or swept up, bagged and disposed in yard dumpsters.
Spent abrasive blast grit must be removed from the yard by the contractor.
K. Jack stands and blocking may only be moved by SM personnel (call office). No use of yard blocking or stands without the Yard
Foreman’s approval.
L. Living aboard any vessel during its stay in the Boatyard shall be strictly prohibited under any circumstances.
M. Any sandblasting, peeling or major fiberglass repair must be done through SM service department.
N. Any and all preparation, sanding, scraping, or otherwise removal of old paint in the yard shall be done with a tarp in place and
properly disposed of all debris upon completion.
O. SM reserves the right to board and inspect any vessel during its stay at the Boatyard for any reason including but not limited to,
safety of the Boatyard, emergencies, repairs, moving of vessels, or any other reason the as determined in the sole discretion of the
Boatyard.
P. No unfurling of sails will be permitted at any time on the Boatyard.
Q. No running, testing, or staring engines for any reasons will be permitted on the Boatyard.
R. All boat poppets will be moved by SM employees if so required by the Customer.
S. Any trailers, dingy, mast, or other personal property not directly attached to the vessel shall be additionally charged in an
ordinary and customary manner by Boatyard.
T. SM shall not provide ladders, scaffolding, or other means of access to any vessel. All Customers shall be responsible for their
own means of access.
U. All scaffolding must be approved by the Yard Foreman.
V. Customers are required to keep their Storage Space clean at all times.
W. Failure to obey and of the above Rules & Regulations shall constitute a material breach of this Agreement which can result in
additional fees or removal from the Boatyard as determined by the Boatyard.
X. No paint spraying applications will be allowed in the Boatyard. Roll and tip application only shall be permitted.
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