Keelforce Client Contract
STORAGE & LOGISTICS AGREEMENT
KEELFORCE VESSEL VALET
STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON
THIS AGREEMENT (the “Agreement”) made this day of , (the “Effective Date”), between Keelforce, LLC (D/B/A Keelforce Vessel Valet) hereinafter referred to as “Marina” and hereinafter referred to as “Vessel Owner”. The Marina hereby agrees to store the Vessel described herein in the Marina’s Dry Storage Facility and provide other services as described on Exhibit “A” attached hereto and incorporated herein by reference, subject to the terms of and conditions set forth herein.
Section One: MARINA/VESSEL OWNER DEFINED
The word “Marina” as used herein, is defined as Keelforce, LLC, a South Carolina limited liability company, D/B/A Keelforce Vessel Valet and the dry storage facility located at 2728 Spruill Avenue (the “Dry Storage Facility”) and adjoining areas and shall also mean any person, corporation, partnership, association and other such business entity duly authorized to represent Keelforce, LLC.
The word “Vessel Owner” as used herein, shall mean in addition to the above named person, any corporation, partnership, association either with the consent of the Vessel Owner and/or who is within the Vessel Owner’s control.
Section Two: DESCRIPTION OF VESSEL (the “Vessel”)
Engine(s): No. Brand HP
SC Registration No.:
Manufacturer’s Stated Length
Agent: Agent Phone:
Owner Address (Home) Street:
Emergency Contact: Name:
In the event Vessel Owner should desire to store a vessel other than the one described above, the Vessel Owner must first obtain the express written consent of the Marina and, pay to Marina any additional rents and charges which may be assessed as a result thereof. Documentation and/or registration and insurance information establishing that the alternate vessel is owed by the Vessel Owner must be provided to the Marina when applying for the alternate vessel to be moved to the Marina.
Section Three: RENTAL PERIOD
This Agreement shall be in effect from the Effective Date and shall terminate on the last day of the month of the Effective Date. The Agreement shall continue thereafter on a month to month basis until cancelled by either party with at least thirty (30) days’ written prior notice. Changes in the rental rates provided in Section 4 below shall be provided to the Vessel Owners at least thirty (30) days prior to their taking affect.
Section Four: RENTS AND FEES
Vessel Owner shall pay the Marina as consideration for the use of this berthing space and the adjacent areas thereof an initial rental rate of $15 per foot based upon Manufacturer’s stated length as set forth in Section Two above (the “Initial Rental Rate”):
The Initial Rental Rate as adjusted herein shall be referred to as the “Rent.” The Rent shall include storage fees and any other fees charged by the Marina to the Vessel Owner pursuant to this Agreement. The Marina shall have the right to adjust the Rent so long as at least thirty (30) days’ notice is provided to the Vessel Owner as provided in Section 4 above.
Upon the execution of this Agreement, Vessel Owner shall provide Marina with either credit card information or information regarding an account from which Marina shall be authorized to debit the Rent and other charges owed by Vessel Owner under the terms of this Agreement. Marina is hereby authorized to either charge Vessel Owner’s credit card or debit Vessel Owner’s bank account all amounts due under the terms of this Agreement as of the last day of each month on the first (1st) day of the following month. Vessel Owner’s failure to maintain either a current credit card on file with the Marina or funds sufficient to honor any draw from any bank account shall constitute an event of default under the terms of this Agreement.
All Rent is PAID ON THE FIRST DAY OF MONTH VIA PREAUTHORIZED RECURRING PROCESS. All sums payable to the Marina for services, supplies, products and/or goods provided shall either be paid in advance or when billed by the office of the Marina. Accounts paid after the 10th of the month will be subject to a late charge of $25.00. Retuned checks will be subject to a charge of $30.00. Any accounts past due for more than thirty (30) days shall accrue a fee equal to 2% of the outstanding balance each month. Vessels will not be launched if the Vessel Owner’s account is more than fifteen (15) day past due.
Section Seven: TRANSFER BY VESSEL OWNER
The Vessel Owner may not transfer any right created by this Agreement. Any attempt to transfer shall be a breach of this Agreement voidable by the Marina. If the Vessel covered by this Agreement is sold or ownership is otherwise transferred, the Vessel Owner must notify the Marina within five (5) days of such transfer.
Section Eight: RISK INDEMNITY
This Agreement is for the storage of only the Vessel described herein and movement as requested by the Vessel Owner. The Marina shall not be liable or otherwise responsible for the care or protection of vessels (including gear, equipment, and contents) nor for any loss, including theft or damage of whatever kind of nature to such vessels, their contents, or equipment, no matter how such loss, theft, or damage is occasioned. Vessel Owner expressly agrees to indemnify and release and hold harmless the Marina, its agents, underwriters, and employees, from any and all claims, demands or charges arising out of (i) the use or operation of the Marina’s storage facilities, berthing facilities, docks and piers; and (ii) the transportation of the Vessel including, but not limited to, any and all claims, demands or charges which are or maybe the result of the negligence, recklessness or other actionable conduct by the Marina or its agents and employees relating to the use or operation of the Marina’s storage facilities, berthing facilities, docks and piers. Vessel Owner does further expressly agree to hold the Marina and its agents and employees harmless of and without limitation, from any loss or damage resulting from theft, fire, hail, high/low water, wind, collision, ice, rain, hurricane, or acts of God. Vessel Owner shall be solely responsible for any damage or other such injury caused by guests, licensees, invites, agents or employees of the Vessel Owner, as well as any damage or other injury sustained by them while on any part of the premises operated by the Marina.
Section Nine: SEAWORTHINESS
Vessel Owner warrants that the vessel is in seaworthy condition and agrees to maintain the vessel in seaworthy condition.
Section Ten: INSURANCE
Vessel Owner agrees to insure the vessel with a full marine insurance package (hull coverage – full replacement value – as well as indemnity and liability coverage) with liability coverage in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000) with Marina named as an additional insured. Such insurance shall provide that it cannot be canceled or modified without providing all named insureds thirty (30) days’ notice of any cancelation or modification. Vessel Owner shall provide Marina with either an electronic copy of a certificate of insurance or file a paper copy with the Marina. The certificate shall be filed on or before the first day the vessel is to be stored. Thereafter, Vessel Owner shall maintain a current copy of the certificate in the Marina Office, which shall be filed in the office on or before the expiration date of the previously filed certificate.
Section Eleven: PERSONAL CONTRACTS
Vessel Owner hereby acknowledges that the duties of the vessel are personal contracts and agrees to be liable for any injury or damage caused by the vessel. Procurement of insurance sufficient to satisfy any such losses are the sole responsibility of the Vessel Owner, notwithstanding the minimum requirements of the previous section.
Section Twelve: VESSEL IN PERIL
Vessel Owner acknowledges that the Marina has no obligation to render aid or assistance to the vessel under any circumstances. However, in the event the Marina discovers that the vessel is in peril, Vessel owner agrees to pay to the Marina all charges for labor and materials incurred or expended by the Marina to assist the vessel. Likewise, Vessel Owner hereby appoints the Marina to incur salvage and cleanup charges on behalf of the Owner and the vessel in the event the vessel is in peril. Vessel Owner expressly agrees to hold the Marina and its agents and employees harmless and from, without limitation, any injury loss or damage to Marina or others resulting from efforts by the Marina, its agents and employees, in protecting a vessel deemed by the Marina to be in peril.
Section Thirteen: VIOLATION OF AGREEMENT
If the Vessel Owner violates any of the terms and conditions contained in this Agreement and Lease, Marina shall have the option of terminating same upon seven (7) days written notice to the Vessel Owner. Thereafter, Vessel Owner must pay all rents, costs, fees, services, supplies, and/or material due and remove the Vessel from the Marina, as well as the adjacent areas thereof, within ten (10) days of the mailing of such notice.
If the Vessel Owner fails to pay any or all rents, costs, fees, service, supplies, and/or materials due and removes the vessel in a timely manner according to the terms of this Agreement and/or at such other expiration or proper termination of this Agreement, and/or the Vessel Owner’s account remains past due for more than sixty (60) days, the Marina shall have the option of:
Section Fourteen: LIENS
Vessel Owner hereby acknowledges that this Agreement is a contract for wharfage and other necessaries which are debts of the vessel, and that such debts constitute maritime liens against the vessel under the General Maritime Law of the United States and 46 U.S.C § 31301, et. seq., in addition to the storage lien conferred by S.C. Code Ann § 29- 15-10. Accordingly, the Marina shall have a maritime lien against the vessel, its appurtenances, equipment, contents, and charter hire for unpaid sums due the Marina for wharfage, storage, berthing, services, provisions, supplies, fuel and/or products provided to the vessel, Vessel Owner, the Vessel Owner’s guests, agents, and invitees. In the event such liens go unsatisfied remain unpaid, the Marina shall have the right to foreclose any such lien as provided by law, or to exercise self-help as permitted by law. Vessel Owner further acknowledges that upon 30 days’ written notice from Marina to Vessel Owner by First Class mail to the Vessel Owner’s address provided in this Agreement, Marina shall be free to possess, auction, and otherwise dispose of the vessel, without need of any judicial process whatsoever, to discharge Vessel Owner’s and/or vessel’s debts to Marina for Goods and Services provided under the terms of this Agreement. In the event of the presence of any vessel financing,
Section Fifteen: ABANDONMENT
The vessel shall be deemed Abandoned if left in or on Marina premises for sixty (60) days after the date of the Marina’s written notice sent by First Class mail to Vessel Owner at Vessel Owner’s address of record provided in this Agreement, to pay all outstanding accounts. In the event of such Abandonment, Marina shall be free to possess, auction, and otherwise dispose of the vessel, without need of any judicial process whatsoever, to discharge Vessel Owner’s and/or vessel’s debts to Marina for Goods and Services provided under the terms of this Agreement.
Section Sixteen: FEES AND COSTS OF COLLECTION
Vessel Owner shall reimburse Marina for reasonable attorney’s fees and costs incurred in suit or other collection efforts by Marina against Vessel Owner to collect monies due under the terms of this Agreement.
Section Seventeen: CONFLICTS OF LAW
This agreement and Lease shall at all times be governed by the General Maritime Law of the United States, supplemented by the laws of the State of South Carolina.
Section Eighteen: SEVERABILITY
In the event any portion of this Agreement and Lease is declared invalid or unenforceable, the remaining portions hereof shall remain in full force and effect.
Section Nineteen: NOTICE
Notice to the Marina as used herein shall mean written notice to be received at the Marina’s office, located at 520 Folly Road, Suite 25 PMB-159, Charleston, South Carolina 29412 or by email at Rick@Keelforce.com . Notice to the Vessel Owner as used herein shall mean notice to the Vessel Owner either personally or in writing sent by First Class Mail or by email at either address specified in Section Two (2) hereof as the Owner’s address.
Section Twenty: CERTIFICATION OF OWNERSHIP
The person(s) and/or entity signing below as Vessel Owner certifies that he/she is the owner of the vessel described herein and subject of this Agreement and further has every right and ability to enter into this Agreement and affirm all the conditions and guarantees the terms herein.
(Description of Services)
I.) INCLUDED SERVICES (NO ADDITIONAL CHARGE)
II.) ADDITIONAL SERVICES (MARKET RATE)
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Signed by Rick Moore
Signed On: December 10, 2020
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Document Name: Keelforce Client Contract
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