Storage Agreement Terms and Conditions
1. Ownership: The person or persons designated as "Owners" as it appears on this contract, who have executed the Agreement, acknowledge that they are the legal owner or one or more of the co-owners of the BOAT with authority to act on behalf of all owners and are authorized to enter into this agreement. Owner shall not be permitted to assign or transfer this Agreement. Owner shall immediately notify WSMI/CPD in writing of any changes in ownership of the BOAT subject to this agreement. Notwithstanding any changes in ownership of the BOAT, Owner shall remain responsible for any and all payments and obligations under this agreement, unless the new owner enters into a new agreement with WSMI/CPD for the storage of the BOAT and WSMI/CPD accepts such agreement.
2. No Bailment: OWNER acknowledges that WSMI/CPD does not have exclusive possession and control of the BOAT, which is shared during the storage period with Owner, who has access to it as described in this agreement. Owner further acknowledges his/her responsibility for the safety and security of the BOAT for Accordingly, Owner acknowledges this Boat Storage Contract does not constitute a bailment.
3. Owner's Access and Limitations:
a. During the time of this Boat Storage Contract Owner has access to the BOAT to work on it per the scheduled access dates, days and hours. WSMI/CPD may limit access to BOAT storage sites at its discretion. WSMI/CPD may also limit activities that may be performed at storage sites.
b. All personal and accessory articles, including power cords, valuables and/or equipment, including electronic equipment, MUST BE TAKEN OFF THE BOAT BEFORE THE STORAGE PROCEDURE IS STARTED. WSMI/CPD is not responsible for any property left on the BOAT.
c. All sails must be removed from boat by owner prior to entering storage unless boat is to be shrink wrapped and sail will be covered and secured by shrink wrap. If sail will not be completely covered and secured by shrink wrap, sail must be removed. The raising of sails or removal of standing rigging is prohibited while the BOAT is in storage.
d. No tarps, covers, lines, ladders, or other personal belongings may be secured to BOAT, trailers, cradles or stands while in winter storage unless approved in advance by WSMI/CPD. Approved objects must be removed prior to scheduled Spring launch date. Resulting damage to BOAT, personal belongings, and/or WSMI/CPD property is the responsibility of Owner. WSMI/CPD reserves the right to remove any cover or object that WSMI/CPD determines to be unacceptable.
e. Owner is prohibited from moving or altering any boat stand, chain, strap or other items placed by WSMI/CPD to support and secure the boat. Owner is prohibited from altering shrink wrap.
f. Owner is responsible for any winterization work to be performed on the BOAT. WSMI/CPD is not responsible for the failure to properly winterize the BOAT or any resulting damage or loss. Owner agrees to have only an approved WSMI/CPD outside vendor perform any and all service work. Owner agrees to accept full responsibility for the actions of such persons or organizations, and Owner agrees to indemnify and hold harmless forever WSMI/CPD for any and all claims that may arise from work performed and/or the actions of those No unauthorized contractors will be allowed to perform work on BOAT.
g. Owner's outside contractor performing work may access the BOAT, provided the outside contractor first provides a Certificate of Insurance satisfactory to WSMI/CPD, naming WSMI/CPD as an additional insured. Owner acknowledges that the outside contractor's insurance does not absolve Owner of responsibility for injuries or damages arising from the outside contractor's actions. Owner and owner's contractor must schedule access to facility with WSMI/CPD at least 24 hours prior to requested access.
4. Insurance and Releases:
a. Owner agrees to have BOAT covered by full insurance (being hull coverage in the full amount of the value of Boat and insuring against all risks, as well as indemnity and liability coverage) naming the WSMI/CPD as an additional insured and requiring the Insurance Carrier to give WSMI/CPD thirty (30) days advanced notice of the cancellation of the policy. This Agreement will not be proof of such insurance has been provided to WSMI/CPD.
b. It is expressly agreed by Owner that WSMI/CPD is not in any way an insurer of the Owner's property or invitees or employees. WSMI/CPD shall not be liable for personal injury, loss of life, property damage to the BOAT, including motors, accessories or content thereof, due to fire, theft, vandalism, collision, high/low water, wind, ice, freeze damage, wind storm, snow storm, rain, force majeure or other casualty loss, or by the negligence of WSMI/CPD, its employees or agents. Owner agrees to release, discharge and hold harmless WSMI/CPD from any and all responsibility or liability for injury, death, loss or damage to person or property in connection with the services under this agreement, excluding those caused by WSMI/CPD's gross negligence. The parties agree to evaluate WSMI/CPD's conduct in comparison to that which is commercially reasonable in the national marina industry. Customer expressly waives any subrogation right against WSMI/CPD.
5. Hazardous Materials: No hazardous materials may be stored within, under or around the BOAT at any time. The BOAT should be stored with fuel tanks at least 3/4 full but no more than 7/8 full to prevent overflow and to avoid excessive fuel vapor issues.
6. Removal and Launch Requirements:
a. All BOATs with a mooring assignment in a Chicago Park District Harbor must move the BOAT to their assigned mooring by May 8, 2023 or they will be subject to transient dockage fees and/or fines. Any BOAT which does not have a mooring assignment in a Chicago Park District Harbor must be removed by Owner from the harbor within seven days of the launch of the BOAT or Owner will be subject to transient dockage fees and/or fines.
b. WSMI/CPD will attempt to schedule haul-out and launch according to Owner's requests, however due to boat size, space limitations and other operational reasons, we may not able to accommodate the request. Actual haul-out and launch dates are at the discretion of WSMI/CPD. Launch dates will be scheduled based on location in storage facility. Rescheduling launch date because the boat is not ready by scheduled date will result in reblocking fees.
c. BOAT must be removed from WSMI/CPD facilities by May 1, 2023. If the BOAT is not removed by May 15, 2023 it may be transported offsite by WSMI/CPD and Owners will be responsible for all costs including but not limited to transportation costs, additional storage costs and applicable penalties. WSMI/CPD reserves the right to launch BOATs prior to May 1, 2023.
d. In the event BOAT is not removed on or before May 15, 2023, WSMI/CPD shall have the right to sell the stored BOAT at public or private sale, and apply the proceeds of sale against any sums due to WSMI/CPD. Any excess proceeds of sale shall be paid to Chicago Park District.
7. Possessory Lien: Owner hereby grants to WSMI/CPD a security interest and possessory lien upon the BOAT stored pursuant to this Agreement for any unpaid fees due and owing, including additional fees and penalties incurred under this agreement, for rental of the storage space or for repairs or other services provided for the BOAT. Owner further agrees that the lien may be foreclosed under the terms and conditions of set forth under Illinois Law (77 ILCS 45) in the event enforcement and foreclosure of this consensual lien becomes necessary. This Agreement may also be considered a security agreement within the meaning of the Illinois Uniform Commercial Code, Secured Transactions, with the BOAT being held as security by WSMI/CPD for payment of all amounts due under this Agreement, and WSMI/CPD may seek to enforce this agreement accordingly.
8. Attorneys' Fees: In the event either of the parties shall bring an action in connection with the performance, breach or interpretation of this Agreement, or in any action related to the subject matter hereof, the prevailing party in such action shall be entitled to recover from the non-prevailing party in such action all reasonable costs and expenses of such action, including, without limitation, attorneys' fees, costs of investigation, court costs, accounting and other costs reasonably incurred or related to such action.