Svb 155 spring llc d/b/a Independent Boat Yard & Marina Phone: 776-0466 Fax: 775-6576 vessel hurricane storage agreement



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SVB 155 SPRING LLC

d/b/a Independent Boat Yard & Marina

Phone: 776-0466 Fax: 775-6576

VESSEL HURRICANE STORAGE AGREEMENT

This agreement is made this day of , between SVB 155 Spring LLC, d/b/a Independent Boat Yard & Marina (IBY), and


Name of Vessel Name of Captain/Agent
Owner Phone of Captain/Agent
Owner’s Address

Billing Address City, State/Country Zip Code


Cell Phone Business Phone ___ Home Phone _________
E-mail: E-mail Captain/Agent
Whereas IBY has available for license, certain ground space at 6249 Estate Frydenhoj, St. Thomas, VI (hereafter the “Premises”) for the placement of vessels and equipment, and Owner is desirous of obtaining the right to use said ground space for the storing of his vessel as hereafter described:

Vessel Make: Length: Beam: Draft:


Registration/Official No. Type of Vessel: Sail Power

Service Rates:

Monthly Rate: $14.50 per foot per month all months except Sept and Oct, which are $17.50 per foot per month


Hurricane Storage Haul Date ________________ Hurricane Storage Launch Date________________:

The parties mutually agree that:

  1. this contract shall be valid upon payment of a deposit fee of the haul out fee and one months advance storage fee

  2. if the vessel misses the haul out date above by more than 3 working days , a restacking fee of $200 will be charged, and if the vessel misses the haul out date by 7 working days, the contract is null and void and the deposit is forfeited to IBY.

  3. If the launch date above is missed by more than 3 working days, a restacking fee of $200 will charged to to the vessel.

  4. It is mutually understood by the parties that the above rules are necessary because IBY will stack vessels with a hydraulic trailer and IBY cannot fulfill its contracts to other owners if cannot maintain a dtated stacking scheme.
I have read the above and agree. Initials of owner or agent:______________

IBY is willing to give said Owner a license to use space upon certain terms and conditions, including the above (a) thru (d) and to evidence the same, it is mutually agreed as follows:


  1. That this is a license for the use of ground space and is not a bailment agreement.

  2. That the Owner will:

    1. Remove all accessories and equipment and other personal property not permanently affixed to the boat and store off Premises. For hurricane season (15 July –15 Nov) the vessel must be stripped of all sails, Dodgers, Biminis, and canopies. Main sails and mizzens should be removed or secured with heavy line every 8 inches of length.

    2. Insure the vessel for casualty and liability.

    3. Maintain the vessel in a safe condition and that any work done off/on the vessel shall be done in a careful and safe manner so as not to cause damage to IBY or other vessels..

    4. Permit no one to work on the vessel except the Owner, his immediate family or paid crew without the express written consent of IBY management.

    5. Not store combustibles in or around the vessel.

    6. Keep the area assigned to the vessel clean and free of debris. Owner is to exercise caution so as to not damage the facilities of IBY or other vessels stored nearby.

    7. Pay the charges for the storage and utilities provided herein.(see No. 4)

  3. This contract is for the term of one month beginning on the date hereof and shall be deemed renewed unless either Owner or IBY gives the other notice in writing by delivering same in person or mailing it to the other certified mail, return receipt requested.

  4. The charges for the storage are payable by Owner on the first of each month together with the charges for utilities. If IBY has not received payment by the 5th day of the month, a late fee of $25.00 shall be due and payable.

  5. Failure by the Owner to perform the obligations required under this contract and/or to make timely payments as specified by this contract will be an act of default.

  6. Owner agrees that the storage and other services contracted herein provided are necessaries for the Vessel as that term is used in the United Sates Code and, grants to IBY a maritime lien on the above-described vessel and its equipment, furnishings, and contents for a sum equal to all sums due IBY.

  7. Owner agrees that if recourse to the courts by IBY becomes necessary in order to collect the whole amount due or any part hereof, the Owner agrees to pay any and all costs, court expenses, disbursements and attorney fees which may be incurred in addition to any monies owed adjudged to IBY.

  8. Owner agrees to indemnify, exonerate, and hold harmless IBY against loss, damage, liability, or expense by any reason of any suits, claims, demands, judgments, Acts of God (Hurricane, earthquake, flood, lighening, and windstorm) or causes or action for personal injury (including death) or property damage (including property of the parties) arising out of or in any way in a consequence of the performance hereunder by Owner, his employees, family, agents, invitees and guests except that in no instance shall Owner be held responsible for any claim, demand, or cause of action attributable solely to the negligence of IBY.

  9. That Owner acknowledges receipt of a copy of this contract and has read and agrees to be bound by all terms therein.

  10. If this Agreement is signed by anyone in a representative capacity e.g. captain or vessel’s agent, said person represents to IBY that he/she has the capacity to execute this Agreement on behalf of the Owner.

  11. The parties herein agree that this Agreement shall be construed, interpreted and determined by the maritime laws of the United Sates and disputes arising hereunder must be treated by a court in the United States Virgin Islands.

  12. It shall be a breach of this contract if owner permits anyone to move or adjust jack stands IBY has placed under owner’s vessel. IBY personnel will move jack stands on request as time permits.

  13. No live aboards in the yard without the express written permission of the General Manager.

  14. Any vessel left in the yard for 60 days without payment will be considered abandoned and the yard will commence appropriate action to seize the vessel for payment owed.

IN WITNESS WHEREOF the parties have sent their hands on the date above written.

BY: X

SIGNATURE for INDEPENDENT BOAT YARD SIGNATURE of Owner/Captain/Agent
X

PRINTED NAME PRINTED NAME



___________________________________________________________________________________________

CREDIT CARD AUTHORIZATION




SVB 155 Spring, LLC

D/b/a Independent Boatyard and Marina

6249 Frydenhoj – 49

St Thomas, USVI 00802 340 776 0466 office 340 775 6576 fax

On this Date of __________________________________________________________



I,_______________________________________________________________________

(please print your Name as it appears on the credit card)
hereby authorize SVB 155 Spring, LLC d/b/a Independent Boatyard & Marina to charge my credit card for monthly dockage fees, electricity used, water used, monthly storage fees, lay days, travel lift fees, and any other fees associated with storage, dockage, or haul outs at Independent Boatyard incurred by my vessel.
MasterCard / Visa (circle one)

___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___

( Card Number)
Expiration Date ___ ___ / ___ ___ Security Code ___ ___ ___
______________________________________ _____________________________________

Card Holder Signature Boat Name



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