RENTAL AGREEMENT FOR DOCK SPACE

Transcription

1 RENTAL AGREEMENT FOR DOCK SPACE At Manatee Bay Club 1. This agreement (this Agreement ) is entered into by PDI Manatee Bay, LLC, as Owner, and, as Renter, whose address is. 2. This Agreement is made for the purpose of granting Renter lease rights to use a Dock Space identified as follows: Dock Space Number a/k/a Unit Number at Manatee Bay Club, located at 100 Morris Lane, Key Largo, Florida (the Dock Space ) which is owned by Owner. This lease supersedes and replaces in total any previous rental or lease agreements entered into between the parties or their predecessors in title and any such previous lease or rental agreement is hereby deemed null and void. This is an Admiralty and Maritime Dock and Dry Storage Rental Agreement under the General Maritime Laws, Statutes, and Code of the United States of America. Therefore, this Agreement does not nor shall it be construed to create a tenancy under Chapter 83, Florida Statutes. The vessel ( Vessel ) that is permitted to be docked pursuant to the terms of this Agreement is identified as (include make, year, model, size and registration number of vessel):. The Vessel length shall not exceed feet. In the event the Vessel exceeds the allowed length, Renter shall be in default under this Agreement. 3. LEASE: The term of this lease shall be six months beginning on, 2016, and until, 2017, unless terminated by either party as set forth herein or under Florida law. The rent shall be paid in advance in monthly installments of $ for each month due on or before the first day of each consecutive month without demand to PDI Manatee Bay, LLC at P.O. Box 2492, Key Largo, FL Renter is permitted to occupy the Dock Space for the sole purpose of docking the Vessel during the term of this Agreement. 4. SECURITY DEPOSIT: Renter shall post a security deposit in the amount of $ upon execution of this agreement, which shall secure performance of this agreement, and may also be applied at the end of the rental period, or by any breach by Renter of this Agreement, or to pay any delinquency of or damage caused by the Renter or its agents or the vessel while docked in the Dock Space. Unused security deposit shall be returned to the Renter at the end of the term, or upon termination hereunder, after payment to the Owner of all rents and charges owed hereunder, and within 30 days of such term expiration or termination. Owner shall not be responsible to place the Security Deposit in any separate account or in any escrow or trust account and the Security Deposit may be commingled with other funds or accounts of Owner. 5. LATE PAYMENT AND RETURNED CHECKS: The rent shall become due and payable on the first day of the month. TIME IS OF ESSENCE in this Agreement, and if Owner elects to accept rent after the third (3rd) day of the month, a late charge of $ will be due PLUS $3.00 PER DAY FOR EVERY DAY AFTER THE THIRD DAY. In the event that

2 Renter s check is returned due to insufficient funds or any other reason Renter agrees to pay Owner or Owner s agent a service charge of twenty dollars ($20.00) or 5% of the check amount, whichever is greater, plus the late charge as stated earlier. Returned checks must be reimbursed by either CASHIER S CHECK, CERTIFIED CHECK, OR MONEY ORDER. Renter agrees to pay all future rents and charges in the form of a CASHIER S CHECK, CERTIFIED CHECK, OR MONEY ORDER. 6. PETS: Renter shall not keep any animals or birds of any description on said premises without the prior written consent of the Owner and the Manatee Bay Club Association. The unauthorized presence of any kind of pet is clearly considered a default under this Agreement. 7. OCCUPANCY: The Renter agrees that there shall not be more than SIX (6) Occupants on the Dock Space property and such occupants shall consist of only the following persons: Renter agrees not to transfer, sublet, assign, or permit the use of their Dock Space by any other person or vessel without the prior written consent of the Owner and the Manatee Bay Club Association which may be withheld for any reason or for no reason. 8. UTILITIES: Renter acknowledges and understands that Owner is NOT responsible for providing any utilities services to Renter, including electric, water, sewage disposal or waste disposal. Renter shall be responsible for its disposal of sewage and waste in accordance with the rules and regulations of the Manatee Bay Club Association and applicable law. Renter shall be solely responsible for the cost of all utilities and services for the property. The termination of any utility service or Renter s failure to transfer said utility or service in Renter s name (if applicable) shall be a default of Renter under this Agreement. 9. TERMINATION: a. Termination by Renter. Renter shall give the Owner no less than fifteen (15) days prior written notice prior to terminating this Agreement and vacating the Dock Space. b. Termination by Owner. Owner shall have the right to terminate this Agreement anytime, upon fifteen (15) days written notice to the Renter. In such cases, any prepaid fees, charges, or expenses shall be prorated and any surplus returned to the Renter, and Renter shall remove their Vessel by the termination date so noticed. Nothing in this paragraph shall waive any other right of the Owner under this Agreement, at law, equity or admiralty. Additionally, if Renter is in default under this Agreement, Owner may terminate this Agreement and exercise any of the remedies available in this Agreement or as provided by law, equity or admiralty. Nothing in agreement shall be construed as mandating the Owner to waive its right for timely payment, nor shall the exercise of any provisions of this agreement waive the Owner s right to demand timely payment in the future. In the event of termination of this Agreement, the Renter shall

3 immediately remove the Vessel from its space and upon failure to do so, the Owner may so remove the Vessel at Renter s risk and expense, and in any event Renter shall be liable to Owner for all damages and expenses the Owner may suffer as a result of Renter s default. Notice of termination of this Agreement by Owner shall be mailed to the address stated above for Renter. Notice of termination of this Agreement by Renter to Owner shall be delivered to the Owner s offices at the address specified in Section 3 of this Agreement. Notice to Renter shall also be sufficient for all purposes if such notice is posted on the Vessel. 10. SWIMMING POOL: The Renter shall comply with all rules and regulations set forth by the Manatee Bay Club Condo Association. Renter assumes full liability resulting from use of the pool and agrees to hold the Owner, the Owner's agents, and Manatee Bay Club Association harmless from any and all claims resulting thereof. 11. ACCEPTANCE OF DOCK SPACE: Renter has inspected the Dock Space before the execution of this Agreement and accepts the Dock Space in its AS IS present condition, with no warranties or representations of any kind by Owner. 12. RULES AND REGULATIONS OF MANATEE BAY CLUB ASSOCIATION: Renter agrees to be bound by the current Manatee Bay Club Association Rules and Regulations (as may be amended from time to time the Rules and Regulations ) adopted by the Manatee Bay Club Association Board of Directors (the Board ) which is available to the Renter through the Manatee Bay Club Office. Said Rules and Regulations may be lawfully changed from time to time by the Board and it shall be the responsibility of the Renter to abide by the Rules and Regulations, and to keep himself apprised of the most current permutation of such Rules and Regulations. In any there is a conflict between the Rules and Regulations and this Agreement, this Agreement shall govern in all respects. 13. FOUL WEATHER. Renter agrees that it is not relying in any way upon the Owner to protect the vessel should foul or dangerous weather threaten to damage, or damages the vessel. Renter agrees to follow the Rules and Regulations regarding any requirement relating to removing the vessel or otherwise in the event of a potential storm or hurricane. The Renter agrees to hold Owner, Owner s Agents and the Manatee Bay Club Condominium Association harmless, and shall indemnify and defend them from any claims of any other owners of property or vessels at the Manatee Bay Club Bay Club facility arising out of contact with the Renter s Vessel, and further agrees to be responsible to Manatee Bay Club Bay Club Association for damage to Manatee Bay Club Bay Club Association s facilities or property arising out of contact with Renter s Vessel or any fuel or appurtenance therefrom, including, without limitation, dock damage, environmental fines, and all other liabilities. 14. DAMAGE: The Renter agrees to accept responsibility for any damage to the Dock Space or the Vessel caused by the Renter, any member of Renter's family, or Renter s guests or invitees. Renter also accepts the risk of damage to Renter's property which may be placed in the leased premises, including such property in storage areas, parking areas, or in any part of the Manatee Bay Club property. The Renter hereby waives any and all claims against Owner, Owner's agent or Manatee Bay Club Association growing out of or in any way connected with

4 any loss of liability or damage suffered by Renter as a result of any malfunction of the water, sewer, drain pipes, electric or any utility service. Owner, Owner's agent and Manatee Bay Club Association shall not be responsible for any loss or damage of any of Renter's property, including the Vessel, no matter what the cause, and furthermore, Owner, Owner's agent or Manatee Bay Club Association will not be responsible for any damage that Renter's Vessel may cause to the property or to other people's vessels or property. 15. INSURANCE: It is mutually agreed that Owner is not the bailee and shall not be responsible or liable in any manner for Renter's boat or Vessel or for the safekeeping or condition of its tackle, apparel, fixtures, equipment or furnishings. It is further agreed that Owner and/or the Manatee Bay Club Association shall not be responsible or liable for any personal injuries or damages suffered by Renter, Renter's agents, contractors, employees, guests, invitees, or licensees arising from any cause whatsoever, upon Renter's boat/vessel, or at the Manatee Bay Club. Renter agrees to keep the premises surrounding the Dock Space neat, clean, orderly, and free from flammable substances. Renter agrees to maintain in force during the term of this Agreement a "watercraft liability' insurance policy of protection and indemnity that provides comprehensive public liability insurance coverage against any property damage or personal injury liability arising out of ownership, use, occupancy or maintenance of Renter's boat/vessel, the Dock Space and the Manatee Bay Club Association and coverage for salvage, fuel clean up and wreck removal. The insurance policy shall be in the minimum amount of $100,000 for vessels with no habitable cabin and less than 24 feet in length. For any vessel that is equal to or more than 24 feet in length or that has a habitable cabin, the insurance policy shall be in the minimum amount of $300,000. Each policy shall name Owner as an additional insured under the policy. Renter shall supply a certificate of insurance to Owner prior to utilizing the Dock Space in any manner evidencing Renter's compliance with the requirements of this provision. Failure to provide evidence of insurance with all coverages described herein prior to utilizing the Dock Space or if any of the coverages lapse at any time during the term of this Agreement, Renter shall be in default under this Agreement and Owner shall have the right to terminate this Agreement as set forth herein. 16. USE: The Dock Space is to be used to dock a vessel that can only be occupied by those persons named in this agreement. Said Dock Space shall be used so as to comply with all state, county and municipal laws and ordinances. Furthermore, Renter agrees not to use said Dock Space or permit the same to be used for any unlawful purpose or in a disorderly manner, so as to not to interfere with the quiet enjoyment of the neighboring Dock Space or any of the other owner or renters in Manatee Bay Club. 17. INDEMNIFICATION: Renter hereby agrees to release Owner, Owner s successors and/or assigns, Owner's agents and Manatee Bay Club Association from all liability and shall indemnify Owner, Owner s successors and/or assigns, Owner's agents and Manatee Bay Club Association against all losses incurred as a result of (A) Renter's failure to fulfill all terms and conditions of this agreement, (B) any damage or injury happening on or about the Dock Space to Renter or on The Manatee Bay Club property, Renter's invitees, licensees, or such person's property, (C) Renter's failure to comply with all requirements imposed by any government

5 authority, and (D) any judgment, lien, or other encumbrance filed against the Owner s property as a result of Renter's actions or inactions. Further, Renter agrees to indemnify, defend and hold harmless Owner and/or the Manatee Bay Club, their agents, contractors, directors, employees, and officers, their successors and/or assigns from any claims, loss, damage, liability or injury (including attorney s fees and costs) arising from or in any way related to Renter's use of the Dock Space, the acts or omissions of Renter, Renter's agent's contractors, employees, guests, invitees or licensees, including without limitation, personal injury and/or property damage to Owner or any third parties. 18. GUIDELINES: Personal property: all walks, docks, yards, drives and parking areas are to be kept free and clear of all personal property, such as toys, bicycles, buggies, motorcycles, et cetera. Other than changing a tire, no car repairs or dismantling is allowed. No vehicles without current registration tags allowed, nor shall inoperative vehicles be parked on premises. Oil and gas spills will be cleaned up at Renter's expense. For further information Renter agrees to read, and shall comply with all of the Rules and regulations of Manatee Bay Club Association. 19. OWNER S AND MANATEE BAY CLUB MANAGEMENT ACCESS TO DOCK SPACE: (1) The Renter shall not unreasonably withhold consent to the Owner, Owner's Agent and/or Manatee Bay Club Association representatives to enter the Dock Space from time to time in order to inspect the premises; make necessary and/or agreed upon repairs and/or restoration work, decorations, alterations, or improvements; supply agreed upon services; or exhibit the Dock Space to prospective or actual purchasers, mortgagees, Renters or workmen of contractors. (2) The Owner, Owner's agent and Manatee Bay Club Association representatives may enter the Dock Space at any time for the protection of the premises. The Owner, Owner's agent and Manatee Bay Club Association representatives may enter the Dock Space upon reasonable notice to the Renter and at a reasonable time for the purpose of repair or restoration of the premises. 20. SHOWING THE DOCK SPACE: The Renter agrees to allow the Owner, Owner's agent and Manatee Bay Club Association representatives to show the Dock Space to prospective purchasers or renters at any time during the rental period. 21. DEFAULT BY RENTER: Should Renter default in the payment of any installment of rent or compliance with any other provisions of this Agreement, Owner may, terminate this Agreement, and Renter shall be responsible to Owner for payment of the remaining balance of all unpaid rents or monthly installments of the rental term, and Owner may institute all remedies provided by law and as set forth in this Agreement. 22. NON-JUDICIAL SALE: In the event that Renter does not pay the rental amount on time and in full, the Owner retains its right to exercise the provisions for a non-judicial sale of Renter s Vessel as provided for in the Florida Statutes and any other statutory remedy, in addition to all other remedies set forth in this Agreement. 23. LIEN: The Owner shall have the right to place a lien against the Vessel, its appurtenances and contents for sums for dockage and rental, services provided to the Vessel, injury or damage caused or contributed to or by the Vessel or Renter, including but not limited to damage to pier, piling, docks, wharfs, personal injury, damage to other boats or vessels, pollution

6 by oil, its derivatives, or other hazardous materials, loss by sinking, collision, fire, or other losses. 24. VACATING PRIOR TO EXPIRATION: In the event Renter vacates said Dock Space for whatsoever reason prior to the expiration of this agreement or any extension of same, with or without notice, the Renter agrees to pay Owner any and all rent due for the remainder of the term on the rental agreement. 25. ATTORNEY'S FEES: In the event of the employment of an attorney by the Owner to enforce any provision in this Agreement because of an alleged violation of any terms or provisions of the rental agreement, or the rules and regulations as are a part hereof and in the rules and regulations issued by Manatee Bay Club Association, or otherwise, the Renter shall pay and be liable for reasonable attorney fees and costs and expenses that are incurred by Owner. These fees and costs are recoverable in all proceedings, including fees and costs incurred in administrative, bankruptcy and appellate proceedings. 26. PERSONAL PROPERTY: BY SIGNING THIS RENTAL AGREEMENT THE RENTER AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE OWNER AND/OR MANATEE BAY CLUB ASSOCIATION SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE RENTER'S PERSONAL PROPERTY. 27. LIMITATION OF OWNER S LIABILITY: THE DOCK SPACE IS TO BE USED AT RENTER S SOLE RISK. OWNER SHALL NOT BE LIABLE FOR THE CARE OR THE PROTECTION OF THE VESSEL, INCLUDING HER GEAR, EQUIPMENT AND CONTENTS, OR FOR ANY LOSS OR DAMAGE OF WHATEVER KIND TO THE VESSEL, HER GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, OWNER S NEGLIGENCE. RENTER HAS EXAMINED THE MANATEE BAY CLUB AND THE DOCK SPACE DESCRIBED IN THIS AGREEMENT AND ACCEPTS ALL IN THEIR CURRENT AS IS CONDITION AND RENTER FURTHER AGREES THAT THE DOCK SPACE IS ADEQUATE AND SAFE FOR THE DOCKAGE OF HIS VESSEL. RENTER IS RESPONSIBLE FOR DAMAGE TO OTHER VESSELS, BUILDINGS, FENCES, DOCK STRUCTURES AND PILINGS CAUSED BY THE VESSEL, RENTER, HIS FAMILY, EMPLOYEES, INVITEES OR AGENTS, OR OWNER, ITS EMPLOYEES, OFFICERS AND AGENTS, WHEN ACTING ON BEHALF OF THE RENTER. 28. INDEMNITY OF OWNER: TO THE FULLEST EXTENT PERMITTED UNDER FLORIDA LAW, RENTER, FOR ITSELF AND ITS GUESTS, INVITEES, EMPLOYEES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD OWNER, ITS SUCCESSORS AND/OR ASSIGNS, AND ITS EMPLOYEES AND AGENTS HARMLESS FROM: (I) ANY AND ALL LIABILITY FOR LOSS OR DAMAGE TO THE VESSEL, ITS GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON, INCLUDING OWNER S EQUIPMENT FAILURE; (II) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM, OF ANY NATURE, ARISING FROM THE VESSEL; AND (III) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM OF ANY NATURE ARISING OUT OF RENTER S USE OF THE MANATEE BAY CLUB FACILITIES, THE PRESENCE OF RENTER S VESSEL, CAR OR

7 PERSONAL PROPERTY AT THE MANATEE BAY CLUB, OR THE MOVING OF THE VESSEL. OWNER DISCLAIMS ALL IMPLIED WARRANTIES, AND RENTER, FOR ITSELF AND ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY RELEASES OWNER FROM ANY AND ALL LIABILITY ARISING OUT OF ANY CLAIMED IMPLIED WARRANTY. IN THE EVENT OF ANY DAMAGE OR INJURY TO THE MANATEE BAY CLUB ARISING FROM THE ACTIVE OR PASSIVE ACTS, OMISSIONS OR NEGLIGENCE OF RENTER, ALL EXPENSES INCURRED BY OWNER TO REPAIR OR RESTORE THE PROPERTY SHALL BE PAID BY RENTER UPON DEMAND BY OWNER. 29. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and it may not be amended except in writing signed by both parties hereto. 30. CHOICE OF LAW AND FORUM: Any dispute arising hereunder shall be governed by the laws of the State of Florida, and any action to enforce this Agreement must be brought exclusively in the courts of Monroe County, Florida. 31. SEVERABILITY: In the event that any provision of this agreement should be held to be void, voidable or unenforceable, the remaining portions hereof shall remain in full force and effect. 32. BINDING NATURE: This agreement is binding upon and shall inure to the benefit of all parties hereto and their respective heirs, successors, and permitted assigns. In the event the Dock Space is sold by Owner, then Renter agrees that the new owner of the Dock Space shall automatically become the Owner hereunder and Renter agrees that Owner shall be automatically released and forever discharged of all liability hereunder. 33. WAIVER OF RIGHT TO JURY TRIAL: OWNER AND RENTER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. WITNESS: OWNER: PDI Manatee Bay, LLC

8 Date: WITNESSES: RENTER: Date: Manatee Bay Club Approval