Preamble

Marina leases designated areas for boat storage purposes at its property located 173 Lake Street, Winsted, CT 06098 and other properties controlled by Marina (the “Premises”). Owner desires to lease a specific area in the Premises to store Owner’s boat or watercraft (the “Boat”) and Marina agrees to lease such specific area to Owner.

NOW THEREFORE, in consideration of the promises and covenants contained herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. SPACE RENTAL. Marina hereby leases to Owner and Owner hereby leases from Marina a designated area, as further described in the first page of this Agreement (“First Page”), located at the Premises (the “Space”) for storing Owner’s Boat. Owner acknowledges and agrees that the Space is located outside and Owner shall take whatever precautions that Owner deems necessary and prudent to protect the Boat from damage for the entire period the Boat is stored in the Space. Marina shall have no liability whatsoever for any damage caused by the storage of Owner’s Boat in the Space. Owner acknowledges and agrees that it may be necessary for Marina to move the Boat during the term of this Agreement and, in such event, Marina shall have no liability whatsoever for any damage caused during any such move, except for damages caused by Marina’s gross negligence or willful misconduct. Marina hereby discloses to Owner that it does not provide any security services.

2. SPACE RENTAL RATE. Owner shall pay to Marina the Storage Rates in the amount and manner as set forth in the First Page.

3. TERM. This Agreement is for a term commencing as early as September 1, 2022 and terminating no later than June 15, 2023.

4. TERMINATION. Either party may terminate this Agreement at any time and for any reason, with said termination to be effective thirty (30) days after receipt of written notice of termination by the non-terminating party.

5. OWNER’S OBLIGATIONS.
A. Boat Removal. Owner agrees to remove the Boat from the Space at the termination of this Agreement. If Owner does not remove the Boat, Marina may remove the Boat from Storage and move the Boat to a different location on the Premises. In the event the Boat is not removed on the date of termination, at the option of Marina, Owner will be charged rent on a daily basis of Twenty (20.00 usd) Dollars per day for each day or portion thereof the Space is occupied. In the event of non-removal of the Boat, Marina reserves the right to move the Boat to another location AT OWNER'S SOLE RISK and OWNER AGREES TO PAY ALL COSTS INVOLVED IN THE REMOVAL OF SAID BOAT.

B. Removal of Personal Property. Owner shall remove any personal property from the Boat prior to storage. IT IS UNDERSTOOD AND AGREED THAT MARINA WILL NOT BE RESPONSIBLE FOR ANY ITEMS OR PERSONAL PROPERTY LEFT IN THE BOAT.

C. Protection of Boat. The Owner assumes full responsibility for providing adequate covering to protect the Boat from any and all perils and weather conditions, and for the proper maintenance of such covering while the Boat is in the Space or within the Premises. In the event Owner does not provide such protection, Owner shall be required to execute the Waiver for Damage for Winterization, which is attached hereto and by this reference made a part hereof.

6. OWNER'S RELEASE OF LIABILITY. The use of the Space for the Boat at the Premises is at the risk of Owner. Marina shall not be liable or responsible for the care or protection of the Boat or any loss or damage of whatever kind or nature to the Boat, unless such loss or damage is caused solely as a result of Marina's gross negligence or willful misconduct. There is no warranty of any kind as to the condition of the Premises, including but not limited to the Space, yard, lot, walks, fences, lighting, trees or tree branches, nor shall Marina be responsible for injuries to persons or property occurring at, around or near the Premises, even if said injuries are caused solely or partially as a result of Marina’s negligence.

7. HOLD HARMLESS & INDEMNITY. Owner expressly releases and agrees to hold Marina, its employees, representative or agents, harmless and indemnify them against any and all damages including, but not limited to, fires, flooding, weather conditions, snow or ice build-up or other events causing partial or total damage or partial or total destruction of the Boat and all other types of losses, expenses, fees and claims of any kind, including claims for subrogation (i.e., claims for reimbursement by the insurers of the Boat and/or the insurers of the Owner), incurred or claimed for any reason or incurred or claimed solely or partially as a result of any negligent act or omission of Owner, his/her relatives, guests, agents, representatives and employees. Owner further agrees to hold Marina, its employees, representative and agents, harmless and indemnify them from and against any loss, damage, liability or expense, including subrogation, incurred or claimed as a result of any damage or loss to the Boat or Owner’s personal property or equipment left in or on the Boat. By way of specificity but not limitation, Marina is not responsible for lost or stolen items. Marina is not responsible for transducers, trim tabs, antennas, stereos, stereo speakers, or any other equipment that may be damaged due to handling, blocking, or other service (if applicable) to the Boat.

8. LIMITATIONS ON DAMAGES TO OWNER. Even if all other Sections in this Agreement are deemed invalid or unenforceable, the parties nevertheless expressly agree that Marina’s liability for loss or damage to the Boat while in its care, custody or control, including under claims of subrogation, shall have a maximum limit of no more than Two Thousand Two Hundred Dollars ($2,200) or the total storage charge, whichever is less, even if Marina is found to be solely or partially negligent. In no event shall Marina be liable on or for any claims, including subrogation, or damages for incidental or consequential damages, lost sales or profits or claims that arise from any damage or loss to the Boat, even if Marina is solely or partially negligent with respect to such loss or damage to the Boat.

9. INSURANCE. Owner acknowledges and agrees that Marina is not a bailee, nor an insurer of the Boat or other personal property of Owner, nor shall Marina provide any insurance coverage for the Boat or personal property for the benefit of the Owner against fire, theft, vandalism or other damages, casualty or personal injury. The Owner assumes all risks associated with the Boat and personal property. The Owner shall, at its sole cost and expense, at all times while the Boat is in route, stored at the Space and after departure from the Premises, maintain liability and property damage insurance, including hull coverage, on the Boat with liability limits in amounts sufficient to ensure performance by Owner of the hold harmless and indemnity provisions contained in Section 6 above. The liability insurance shall name Marina (at the address on the First Page) as an additional insured. THE OWNER DOES HEREBY RELEASE AND DISCHARGE MARINA FROM ANY AND ALL LIABILITY FROM LOSS OR INJURY (INCLUDING DEATH) FOR ALL DAMAGES TO PERSON OR PROPERTY SUSTAINED WHILE IN THE SPACE OR ON THE PREMISES, INCLUDING FIRE, THEFT, VANDALISM, WINDSTORM, HIGH OR LOW WATERS, HAIL, RAIN, ICE, COLLISIONS, FALLING TREES/TREE LIMBS OR ACCIDENTS OF ANY OTHER ACT OF GOD.

10. NON-ASSIGNMENT OF SPACE. It is agreed between Marina and the Owner that the Owner shall not assign, transfer, or permit the use of assigned Space to any other party without the express written consent of Marina.

11. SURVEY AND INSPECTION. The Owner authorizes Marina to thoroughly survey the Boat for fire hazards prior to moving the Boat to storage. The Owner understands that this regulation is formulated, enforced and conducted solely for the protection of Marina. The promulgation and enforcement of these rules and regulations, the conducting of a survey, the failure to require or perform a survey with respect to other Owner’s will not subject Marina to any duty or liability to the Owner with respect to fire or explosion prevention or detection. In general, any survey will be solely at the discretion of the Marina.

12. OWNER DEFAULT. If the Owner becomes delinquent in rental payments, and such delinquency remains after notice to Owner, including a right to cure, Marina shall have the right to take possession of the Boat and to secure the Boat in the Space or store it at another location. The OWNER AGREES THAT IN THE EVENT SUIT IS BROUGHT ON BEHALF OF MARINA AGAINST THE OWNER TO COLLECT ANY AMOUNTS DUE OR TO BECOME DUE HEREUNDER, OR TO ENFORCE MARINA‘S LIEN ON THE OWNER’S BOAT, THE OWNER SHALL PAY MARINA ITS REASONABLE ATTORNEY FEES FOR SUCH SUIT OR COLLECTION PLUS COSTS AS A PROVIDED BY LAW, OR TO TAKE ANY OTHER REMEDIES AVAILABLE UNDER THE LAW OR IN EQUITY.

13. NOTICES. All notices or other communications required or permitted under this Agreement shall be served in writing by personal service or overnight courier service, or registered mail, return receipt requested to the applicable address of the receiving party set forth herein. Notices shall be deemed effective upon receipt or upon refusal of delivery by the intended recipient.

14. SEVERABILITY. Should any term or condition of this Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

15. FORCE MAJUERE. Marina shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, act of terrorism, labor dispute, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its reasonable control.

16. COUNTERPARTS. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. Signatures transmitted by facsimile or other means of electronic communication that are capable of retention, retrieval and reproduction shall be deemed original.

17. ENTIRE AGREEMENT:This Agreement contains the entire understanding between the parties and no other representation or inducement, verbal or written, has been made which are not contained in this Agreement.

Jeanne P. Richard
Owner of THE MARINA AT HIGHLAND LAKE, LLC

Monday:	Closed
Tuesday:	10am - 4pm
Wednesday:	Closed
Thursday:	10am - 4pm
Friday:	Closed
Saturday:	10am - 4pm
Sunday:	Closed

Winter Storage with Winterization