THIS LEASE AGREEMENT, made this ________ day of ______________, 20 ____ between The New Harrison Marina of Toledo, OH (hereafter known as the “Lessor”), and the above name “Lessee”.  LEASE AGREEMENT BEGINS NOVEMBER 1, AND ENDS APRIL 1.

The Lessor and Lessee do hereby agree to the following terms and conditions of this Lease Agreement.

1.       Lessee hereby agrees to lease from the Lessor and the Lessor hereby agrees to lease to the Lessee at the rate indicated above, upon the Lessors premises located at The New Harrison Marina, Toledo, OH, upon the terms and conditions of this Agreement.  Lessee agrees to pay said lease before boat is put in storage.  Any deposits or payments toward winter storage fees are nonrefundable.

2.       In consideration of the above payment, Lessor agrees to haul out, store, and launch in spring said boat, in a workmanlike manner.

3.       A.    Lessee agrees that it is his sole responsibility to make, or have made, periodic inspections of said boat while it is in storage to

              insure that the boat is secure and that any boat covering(s) is properly attached and maintained.

B.       Lessee shall maintain full hazard insurance coverage on the boat while said boat is in storage or in the custody of the Lessor.  Said insurance coverage is to be at a reasonable and appropriate amount for the type and value of said boat.  Such insurance shall be obtained by Lessee prior to haul out date.  The Lessee shall be solely responsible while the boat is in storage, for the security, care and condition of the boat, its accessories, gear and equipment, including cradle, jack stands, trailer and protective covering and during this winter storage period, the boat shall be fully insured by the Lessee for loss and damage to the boat and for liability with respect to bodily injury and/or death to persons and for liability with respect to damage to properties, and evidence of such insurance shall be furnished to the Lessor upon request.

C.       The Lessee shall be solely responsible for any and all items left in summer storage including but not limited to cradle, jack stands, ladders and trailer.

D.       Lessee shall comply with the attached regulations governing storage and such other reasonable rules and regulations as the Lessor may from time to time publish, distribute and/or post.

E.       Lessee further agrees that for each month after June 1, that the boat remains in storage, the Lessee agrees to pay to the Lessor summer storage in addition to the afore agreed-to-amount of winter storage of said boat, and in addition to any service charges due to Lessor.

4.       GENERAL PROVISIONS.

A.       Lessee agrees that while Lessee’s said boat is upon Lessor’s premises, no person or business entity will be hired or permitted to perform any

       labor on said boat or to make any installation of machinery or equipment thereon unless (a)  Lessee has given prior notice to Lessor of (1)        

       the nature of the work to be performed, (2) the probable time upon which such work is to be performed, and (3) the identity of the  

       Contractor (as hereinafter defined) to perform that such work is only to be performed during normal business hours of the Lessor.

The New Harrison Marina has a list of approved contractors.

Items “B” through “K” are printed on the reverse side of this page.

I have read and understand this contract.  Agreement with and receipt of this contract is hereby acknowledged.

X_____________________________________________________________ Date ___________________

              Signature of boat Owner/Lessee

B.       Any person or business entity (hereinafter “Contractor”) who will perform or intends to perform work (hereinafter “work”) on any boat on Lessor’s premises shall meet the following requirements prior to commencing any such work.

(a)     Contractor shall maintain adequate insurance coverage, including hazard insurance coverage, public liability insurance for bodily injury and for property damage, worker’s compensation insurance, and such coverage shall be of the type and amount not less than the insurance coverage maintained by the Lessor.

(b)     The policies of insurance required of the Contractor under the terms of subsection (a) shall name Lessor as an additional party insured.

(c)      Contractor shall provide proof of the insurance coverage required by subsections (a) and (b) prior to performing any work on the Lessor’s premises: and

(d)     Contractor shall register at the main office of Lessor located upon the premises prior to commencing work on any boat upon the premises.

(e)     Contractor shall execute Lessor’s standard Waiver and Indemnification form prior to performing any work on Lessor’s premises.  Lessee may work on his own boat if work does not interfere with other persons and, while so working, Lessee shall not be deemed a “Contractor” as defined herein.

C.       Lessee shall not display any “FOR SALE” signs on or near or in the vicinity of said boat unless Lessee shall have first registered the boat with Lessor as being “For Sale”.

D.       Lessee agrees and understands that Lessor assumes no responsibility for, shall not be liable for, and for himself and his insurer hereby expressly release Lessor of and from all liability from the loss or damage by theft, fire, vandalism, malicious mischief, wind, water, act of God, or otherwise to said boat or any other property (including but not limited to tools, fenders, dock lines, shore cords, electronics, navigational equipment, boating accessories) or contents thereof placed with Lessor for storage, sale, repairs, or testing or any other purpose whatsoever or brought onto Lessor’s premises by or on behalf of Lessee or his invitees or licensees, provided that said loss or damage is not caused by the negligence of Lessor or its agents and/or employees.

E.       Lessee further understands and agrees that Lessor assumes no responsibility and shall not be held liable for any injuries to Lessee, members of his family or invitees or licensees while said individuals are on Lessor’s premises or within the boundaries of Lessor’s property, provided said injuries are not caused by the negligence of Lessor or its agents and/or employees.

F.       Lessee acknowledges that Lessor does not carry insurance covering any property of Lessee and agrees that it shall be his responsibility to adequately insure his property.

G.       Default in Rental Payments.  In the event of Lessee’s failure to pay the storage fees and/or charges punctually and when due, Lessor shall have, in addition to all those remedies provided by law without waiving any such remedies, the following remedies:

1.       Lessee expressly grants to Lessor the right and privilege after having duly notified Lessee of an election of the option, to take and exercise possession over and detain Lessee’s boat, any and all goods, materials or other property which are not exempted by law from seizure or other legal process, located on or in the storage leased space by barring entry to the storage leased space, until full payment of all rent due, service charges, and other receivables due are received by Lessor and/or full restitution is made by Lessee.

2.       Lessee further expressly grants the right, in the case of violation of this Agreement, default in payment or rent, or if property of Lessee remains on premises more than thirty (30) days after rent is due, to conclusively presume that the Lessor may seize property including but not limited to Lessee’s boat for arrears of rent, for breach of covenant or by reasons of said abandonment, without being deemed guilty of any manner of trespassing or conversion and without prejudice to any other remedy and at Lessee’s expense, have the same appraised and moved to another space and/or storage facility for further storage at the same monthly rate and any time after ten (10) days from the giving of such notice, Lessor may sell said property at public or private sale for payment of amount due Lessor.  From proceeds of such sale, Lessor shall satisfy such lien, including the reasonable cost of rent, appraisal, moving expenses, sales expenses and the balance, if any such proceeds will be paid to Lessee.  Lessee may redeem his property at any time up to the day before the date on which the sale is to take place by the payment of all past due rental and sales charges and the additional charges connected therewith.

3.       Cost and Fees.  Legal action shall be brought by Lessor for unlawful detainer, or to remove any sums due under this Agreement, or for the breach of any other covenant or condition contained in this Agreement.  Lessee shall pay to Lessor all costs, expenses and reasonable attorney’s fees incurred by Lessor in any such action.

H.       Lessee agrees to pay a service charge of 24 percent Annual Percentage Rate or 2% per month for any late payments hereunder.

I.        Lessor and Lessee agree that this Agreement is an agreement to rent storage space and no bailment is created hereby.

J.        Staying onboard or living aboard boat is not permitted inside storage building.

K.       In the event of a dispute regarding storage, procedures or pricing, the Lessee and the Lessor agree to resolve the dispute by looking to the Winter Storage Lease Agreement and the Conditions of Service and Storage published in the Flat Rate Price Guide.  If there is a conflict between what one of the Lessor’s agents and/or employees says and the terms and conditions of storage, the terms of the Contact and the Conditions of Service and Storage shall control.