Notice of Lien (Please type your initials at end):
In accordance with the Maine Marina and Boatyard Storage Act (10 M.R.S.A. §1381 et seq.), or such other applicable federal maritime statutes and regulations, Lessee acknowledges notice that a lien is created on Lessee’s Vessel, its motors and any trailer stored at the Boatyard for rent, labor or other charges, and for expenses reasonably incurred in the sale of that property under the provisions of the Act or such other applicable federal maritime statutes and regulations.
In consideration of payment of current storage charges, Yankee Marina, Inc. (herein after called the “Marina”) agrees to lease the boat owner or owner’s authorized representative (hereinafter called the “Lessee”) space for storage of Lessee’s boat (the “Vessel”) at the Marina’s facilities (the “Boatyard”),
subject to the following terms and conditions.
1.) Lessee shall pay the Marina for storage space at the described rate. The proposal is based on square footage, which is defined as the Vessel’s LENGTH OVERALL (LOA) times beam. LOA is defined as the maximum overall boat length and includes bow or stern pulpits, and swim platforms. The Marina reserves the right to measure LOA at any time, and to adjust the winter storage charge accordingly.
2.) Payment in full is expected at the time of invoice and in all events BEFORE the Vessel is launched. The Marina shall have the right to refuse to release, surrender, or deliver possession of the Vessel or to retain possession and control of the Vessel without process of law unless fully paid; any expenses for hauling, launching, storing of the Vessel in the process of securing payment shall be the responsibility of the Lessee. Lessee agrees that if the Vessel leaves the Boatyard prior to full payment of all amounts due, the Marina shall not lose any of its rights to payment, to any liens under state or federal (including maritime) laws against the Vessel, or to regain possession (with or without process of law) and to hold again thereafter until paid in full. A service charge of 1-1/2% per month (18% per annum) shall be added to balances 30 days past due. All collection fees, and reasonable attorney’s fees and expenses incurred by the Marina in enforcing the terms of this Agreement, shall be the responsibility of Lessee.
3.) The Lessee agrees that no outside contractor shall work on the Vessel while it is at the Boatyard without obtaining prior approval from the Marina management. Contractors who obtain permission to work on vessels in the Boatyard shall be subject to certain conditions, regulations, insurance requirements, and administrative surcharges, established by the Marina to protect its customers and the Boatyard. Lessee is solely responsible for the liability of outside contractors or professional help, and agrees to indemnify and to hold the Marina harmless, including costs of defense and attorney’s fees, from any claims, liabilities or damages arising from the work of outside contractors or professional help. The Marina reserves the right to charge Lessee a fee for the right to have outside contractors or professional help work at the Boatyard.
4.) The Marina may immediately terminate this Agreement with Lessee if the Marina considers it in the best interest of the Marina and/or its lessees. A prorated rebate will be made to the Lessee who must remove the Vessel immediately on notice of termination.
5.) Lessee recognizes that the Marina does not provide any security protection, and the Marina assumes no liability or responsibility for the safety of Lessee’s Vessel or property during the course of this Agreement. The Marina is not responsible for fire, storm, theft, wind or ice damage, and the Lessee agrees to hold the Marina harmless in the event of such occurrences. Lessee hereby authorizes and acknowledges that the Marina may, but shall not in any event be obligated, to retie or otherwise to secure the Vessel at time of severe weather, chargeable at normal yard rates. Lessee shall indemnify and hold harmless the Marina for such action or inaction.
6.) Casco Bay is now a federally designated No Discharge Area (NDA). ALL VESSELS must hold their sewage until they leave the NDA, and are beyond the three mile limit, whichever is farther, or must pump out at the Boatyard’s Pump Out Station. The improper discharge of heads or holding tanks is strictly forbidden. Lessee shall be solely responsible for any fines, charges or other liabilities resulting from violation of this section by Lessee or its agents.
7.) While the Marina strives to maintain a user-friendly boatyard, the marine industry is under ever increasing pressure from regulatory bodies regarding use and disposal of various materials used in the general maintenance of the Lessee’s Vessel. Improper practices in working on vessels and/or disposing of waste could lead to large fines which would be levied on the Marina. Lessee, when removing waste chemicals, oils or gasoline from its Vessel, shall put the same in a marked container(s) with the Vessel’s name and the name and description of the chemical or other waste and bring them to the office during normal business hours. DO NOT LEAVE UNATTENDED! Avoidance of proper disposal techniques may lead to termination of this contract. Lessee shall be responsible for any spills, releases or environmental contamination related to actions by Lessee or its agents, and shall hold the Marina harmless from any resulting fines, charges, clean up expenses or other liabilities resulting from such events.
8.) The Lessee covenants and warrants that during the term of this Agreement, the Vessel shall be fully insured for all loss or damage to the Vessel, and Lessee shall maintain protection and indemnity insurance with coverage limits reasonably satisfactory to the Marina for any damages to the Boatyard, or other vessels, persons or other property while the Vessel remains at the Boatyard. Lessee acknowledges that the Marina shall not be required to provide insurance for the Vessel during its stay at the Boatyard. All such insurance of Lessee shall be written by marine insurance companies duly qualified to do business as insurance companies in Maine and reasonably satisfactory to the Marina.
9.) Inside Storage Customers: Due to the increased risk of liability associated with the proximity of vessels in a closed environment, and our increased contractual obligation in providing controlled conditions within the storage buildings, no work is permitted on vessels within the buildings except by specifically trained and insured individuals, approved by management.
I have read and accept all of the above.