STORAGE AND SERVICE LICENSE AGREEMENT

This Storage and Service License Agreement is entered into between Yachtics LLC (sometimes referred to as “Yachtics” or “Licensor”) and The Licensee herein referred to as “Licensee” or “Owner”. Yachtics hereby grants a limited license to utilize its facilities to allow storage, dockage, drydocking and/or marine services to vehicles, vessels, and equipment and appurtenances thereto at its facility pursuant to the following terms and conditions:

DEFINITIONS

1. “Licensor” means Yachtics LLC and the owner or operator of any facility where the vehicle/vessel or equipment is stored.
2. “Facility” means the buildings, land and premises or yard owned operated or controlled by Yachtics, LLC. Facility to include 266 W 23rd Street Hialeah, FL 33010 and 3640 – 3650 E 10th Court Hialeah, FL 33013.
3. “Licensee” or “Owner” means the owner(s) of any Vessel and related equipment and vehicles (“Vessel” or “Property”) which has been granted a license to use the facility, and shall include Licensee’s guests, invitees, representatives, crew, subcontractors, and suppliers.
4. “License” is defined as a right to use the facility under the terms and conditions of this license agreement. The agreement is not a tenancy and does not create a Licensor Licensee relationship. This license may be revoked at any time at the sole discretion of the Licensor.
5. “License Fees” means the costs charged to Licensees by Licensor for providing storage and services at Yachtics’ facilities.
6. “Owners Representative” is a named representative by the Licensee who shall be authorized to act on behalf of the personal property of the Owner/Licensee in respect of all matters relating to storage and service.

TERMS AND CONDITIONS

7. This License Agreement defines the relationship between Yachtics, the Licensee, and any vessel in rem relating to the use of Yachtics premises and facilities. It is expressly understood that this Agreement does not constitute a bailment and that Licensee under all circumstances retains full care, custody and control of the vehicle, vessel, or property at the facility.
8. Licensee shall be billed/invoiced on a monthly basis for any license fees and all payments are to be made prior to the first of the month for the following month. All license fees are deemed fully earned when paid and no refunds shall be paid and no pro rata refund for unused portions of any month shall be paid to Licensee.
9. PAYMENT: All past due bills/invoices shall be paid prior to any Vessel departing the Warehouse or any other facility/premises. Acceptable methods of payment are cash, check, bank wire transfer, MasterCard, Visa, Discover, or American Express – an additional fee may be applied for certain preferred payment methods. Licensee agrees to pay any service charges (up to 3% of any charge) a credit card or debit card company charges Yachtics for use of a card as payment.
10. INDOOR STORAGE LICENSE FEE RATES: Licensee agrees to pay Licensor the rate of $3.15 Dollars per square foot, per month plus FL sales tax of 7.0% in advance on the 1st day of each calendar month unless on a 12 month + license term. If on a 12 month + license term, the rate charges shall be discounted 10% for the year. 12 Month = Licensees shall pay their license fee at the first of each month of the term. Failure of 12 Month Licensees to pay the first of the month will void the 10% discount for that month. Said license payments shall be tendered by Licensee to Yachtics or its designated agent/payee as directed.
11. LATE PAYMENTS: License fees must be received by Yachtics, or its designated agent/payee to be considered in compliance with the terms of this License Agreement. If license fees due are not paid within thirty (30) calendar days of the fees being due, Licensee agrees to a late fee of $20.00 per day until current or 1.5% of License Fee amount due per month, whichever is greater, will be due. If Licensor has not received any license fee payment within thirty (30) days after payment becomes due pursuant to the provisions of this License Agreement, then the term shall be revoked and forfeited without further notice. License Fees shall not be considered paid or current until all License Fees and late fees are paid in full. If Licensee tenders a check which is dishonored by a banking institution or payee bank, then Licensee future payments shall only be made in cash, ACH, PAY AAP such as VENMO or ZELLE or cashier’s check for all future payments. This rule shall continue until such time as written consent is obtained from Licensor for other methods of payment. In addition, Licensee shall be liable for the sum of $35.00 dollars for each check that is returned to Licensor because the check has been dishonored. Any unpaid License Fees after Licensee has vacated the property and/or unpaid damages shall accrue interest at the rate of 18% per annum compounded monthly. Commencing (30) days after said License Fees/damages are payable. If the License term has been forfeited for late payment of License fees or any other reason, then Licensor may prevent Licensee = from having any access to the premises or personal property stored
on the premises subject to the conditions state in 10 M.R.S.A.§ 1375 (9).
12. LICENSE TERM: For month-to-month agreements, this License shall be terminable by either party upon (30) days written notice served by either party. Termination will be effective at the end of the calendar month following the expiration of the 30-day notice period. No prorated or partial-month discounts will be issued, even if the licensee vacates the premises before the end of the billing cycle. If the licensee gives notice partway through a month, they are still responsible for the full rent for the current and any future month covered by the notice period. If the Licensee enters into a 12-month agreement, this License shall be terminable upon receipt of an early termination fee of (2) months. However, Licensor may terminate the license when in its sole opinion, the Licensee or its guests or vehicles, vessels or equipment pose a safety hazard, environmental hazard, property damage hazard, or creates a disturbance, nuisance or where the behavior of the Licensee and/or its guests and invitees are unacceptable to Licensor or it impinges on the license rights of other Licensees. This license may be terminated without written notice if Licensee fails to pay monthly license fees within 5 calendars days past the due date.
14. INTEREST ON UNPAID LICENSE FEE: Any unpaid license fee payments due and/or repair cost for amages caused by Licenses left unpaid shall accrue interest of 18% per month APR pro rata, compounded monthly, until such time as entire balance due (including late licenses fees, damages, and interest) are paid in full.
15. INITIAL LICENSE FEE PAYMENT: Licensee shall pay first month invoice prior to any vessel or property arriving at the premises. Said payment shall be made in the form of cash, cashier’s check, credit card, or wire and is due prior to occupancy. An additional fee may be applied for certain preferred payment methods. The License fee of $3.15 per square foot per month (Or the discounted rate for yearly licenses) plus Dade County, FL sales tax (7.0%) quoted in this License Agreement was agreed to be based upon maximum storage
for property.
16. ADDITIONAL STORED PROPERTY: If Licensee wishes to store additional property above and beyond the agreed license area during any month(s), a rate of U.S. $3.15 per square foot will be assessed for said additional property for every month during which it is stored. After Licensee no longer needs storage area, it is to be left clean and swept out. Yachtics is not responsible for loss or damage to any boat, vessel, vehicle or equipment or their accessories within the Premises. Licensees are liable and responsible for any damage Licensee causes to any other vessel, vehicle or equipment sustained by another boat or property on Licensor’s Premises.
17. When a Vehicle, Vessel or equipment enters the Premises, it shall be stored and maneuvered only as directed by Licensor. Yachtics reserves the right to shift or move any Vessel or other equipment in the absence of Owner or Owner’s designated “Owner’s Representative” should the need arise as determined by Licensor and may move it to another Yachtics location.
18. SUBLETTING OR ASSIGNING: Licensee cannot assign or sublet the premises, or any part thereof, without first obtaining written permission from Licensor. Licensor has absolute discretion to deny permission for any reason, including any commercially reasonable reason.
19. CONDITION OF PREMISES: Licensee acknowledges that the premises have been inspected and are in good and serviceable condition. Licensee acknowledges that said premises have been cleaned. Licensee promises to keep the premises in a neat and sanitary condition and to immediately reimburse the Licensor for any sums necessary to clean, maintain or repair the premises due to Licensee’s or  Licensee’s invitee’s, misuse or negligence. Licensee agrees to clean the premises before vacating the premises and acknowledges that Licensor may charge a fee to clean the premises if Licensee has not cleaned the premises that must be paid prior to any departure. Should the Licensee store additional boxes or items outside of any vessel, vehicle or equipment Licensor may invoice for the additional square footage utilized at a rate of $3.15 per square foot per month + applicable sales taxes.
20. PROHIBITION OF STORAGE OF DANGEROUS, HAZARDOUS HARMFUL, OFFENSIVE, OR NOXIOUS MATERIAL. The storage of Hazardous, dangerous harmful, offensive, or noxious materials is prohibited. The storage of any goods that may constitute a nuisance to the Licensor, Licensor’s employees, or other Licensees is prohibited. The storage of any corrosive materials, perishable items, contaminants, pollutants, contraband, toxic waste, welding material, flammable materials, or explosives is prohibited. Licensee may not store any good that will compromise or affect Licensor’s insurance coverage. The storage of any such goods shall be a breach of the license agreement and Licensor is in breach of this agreement for the storage of any such Material. In the event that Licensor believes that Licensee is storing any such goods, Licensor may dispose of the property as authorized by 10 M.R.S.A § 1373. Licensee shall be responsible for any costs incurred by Licensor for the removal and disposal of such materials. Licensor is committed to the preservation of the local water, land and air quality. Licensee is required to dispose of all hazardous chemicals, oils, oil filters, coolant, paint, solvent and spirits appropriately and report any spill, no matter how small, to the office and proper authorities.
21. STORAGE OF VEHICLES: If the Licensee stores any automobile, truck, boat, ATV, or any other item that has a motor in it, the Licensee shall place a drip pan under any possible sources of leaks. Licensee shall also disconnect the negative terminal of the battery or remove the battery from the personal property items. All automobiles will be parked in gear or in “park.” Chock blocks must secure the wheels of any automobile, RV or trailer.
22. NOISE AND DISRUPTIVE ACTIVITIES: Licensee or his/her guests and invitees shall not disturb, annoy, endanger, or inconvenience other Licensees of the building, neighbors, the Licensor or his agents, or workmen nor violate any law, nor commit nuisance activities, nor permit waste in or about the premises.
23. ACCESS: Licensor may enter and inspect the premises at any time utilizing required entry passes, key FOBs or gate cards. Licensor shall provide access to the Licensee or Licensee’s designated “Owner’s Representative” upon request, so as to not compromise the security of the building or premises. Access requests made by Licensee or Licensee’s designated “Owner’s Representative” within 24 hours of expected entry will be subject to an additional charge of $15.00 per request, plus FL sales tax of 7.0%. Licensee or Licensee’s designated “Owner’s Representative” may request, during time of lease, to access the building at any time (24)twenty-four hours per day, (7) seven days per week, and (365) days per year. Requests made by Licensee or Licensee’s designated “Owner’s Representative” between 8:00 PM EST – 7:00 AM EST are not guaranteed immediate access.
24. LIEN: Pursuant to Fla Statute 83.805 (Lien) The Licensor has a possessory and maritime lien against the vessel, her appurtenances, and contents and has a possessory lien against any vehicle RV or Equipment for any unpaid charges for license fees, labor, or other charges including hazardous or oil spills, personal injury or property damaged caused or contributed to by the vessel, Licensee, Owner or Owner’s representatives, agents, servants, employees, contractors, or day laborers, and expenses reasonably incurred on Owner’s behalf. Further, that failure to pay sums due or abandonment provides for a possessory lien on the vessel, vehicle and/or equipment such that Licensor may proceed with a non-judicial sale of any of Lessee’s personal property to recover damages and license Fees owed to Licensor and if needed to remove any abandoned or derelict property. Funds recovered in excess of what Licensee owes will be paid to Licensee. If the Licensee continues to be in default for 45 days or more, that Licensor may enforce the lien and sell the personal property of the Licensee in accordance with the “Self-storage Facility Act.” FL Statute 83.801-83.809 et seq and Florida Statute 328.17- Nonjudicial sale of vessels. The sale of property shall occur at the leased premises or at the nearest location available. Such lien shall remain attached until satisfied.
25. OWNER’S REPRESENTATIVE: Licensee shall appoint a named representative who shall be authorized to act on behalf of the personal property of the Owner/Licensee in respect of all matters relating to storage and service (“Owner’s Representative”). The Owner’s Representative shall provide reasonable assistance to facilitate timely and efficient completion of Services.
26. YARD CONDUCT RESTRICTIONS: The Licensed premises is not a self-repair Yard. Licensor will allow minimum cleaning work and maintenance in the Yard. However, no work other than basic maintenance may be conducted in the yard without the prior consent of Yachtics, including work by Licensee/Owner, Owner’s crew or any subcontractor employed or engaged by licensee/Owner. No person or animal shall be allowed to occupy as a live aboard or engage in overnight occupancy on the premises or adjacent parking. No businesses may be operated at or on the premises. It is prohibited for any unauthorized person to solicit business or offer for sale goods, merchandise or services within the Yard. This includes advertising in the yard or placing advertising on vessels or vehicles they are working on. Licensee may not store any materials, goods or HAZMAT items which are in violation of any federal, state, county, city or town law, rule, statute, ordinance, or regulation. Children under the age of twelve are not permitted at the premises or Yard except under the immediate supervision of an adult.
27. PETS: Any animals belonging to customers will remain leashed and supervised at all times. Any animal found tied and unattended will be considered abandoned and disposed of accordingly. The owner of any animal on Yard premises is responsible for cleaning up after it and for any damage or injury it may cause. Licensee not to leave any Pet food out where it may attract rodents and other vermin.
28. COMMUNICATIONS & EMERGENCY ACTIONS: It is Licensee/Owner’s responsibility to ensure Yard can reach either Licensee/Owner or an authorized representative at all times. In an emergency situation, should Yachtics not be able to reach Lessee/Owner or an authorized representative, Lessee/Owner authorizes Yachtics to act in what Yachtics deems proper at the risk and expense of Lessee/Owner and/or the Vessel and Lessee agrees to hold harmless Lessor/Yachtics for any damages associated with any ordinary negligence of Lessor in carrying out any emergency actions.
29. NO WAIVER: Licensor’s failure to require compliance with the conditions of this agreement, or to exercise any right provided herein, shall not be deemed a waiver by Licensor or such condition or right.
Licensor’s acceptance of License fees with knowledge of any default under agreement by Licensee shall not be deemed a waiver of such default, nor shall it limit Licensor’s rights with respect to that of any subsequent right.
30. VALIDITY/SEVERABILITY: In the event that any portion of this Agreement shall be deemed to be in violation of or unenforceable by U.S. or Florida Law, said portion, and said portion only, shall be deemed null and void and the balance of the Agreement shall be interpreted in accordance with the laws of the State of Florida and the laws of the United States.
31. ATTORNEY FEES: In the event action is brought by Licensor to enforce any terms of this agreement including late rent, service payments, and expense reimbursements or to recover possession of the premises, the Licensee shall be responsible for all of Licensor’s collection costs including attorney fees and any fees of a collection agency.
32. NOTICES: All notices to the Licensee shall be deemed served upon confirmed email, mailing by first class U.S. Mail, addressed to the Licensee at the address stated above or upon personal delivery upon the Licensee. All notices to the Licensor shall be served by confirmed e mail, first-class mail, or by personal delivery to Yachtics LLC, 266 W 23rd Street Hialeah, FL 33010. All notices sent by Licensor to Licensee
regarding any sale of the personal property of the Licensee must be sent by both regular first-class mail and certified mail.
33. ABANDONDED PROPERTY OF LICENSEE: Once Licensee vacates the premises all property remaining shall be considered abandoned and Licensor shall dispose of any remaining abandoned property in accordance with Florida Law.
34. BREACH: Any violation of the provisions of this License Agreement by the Licensee will be deemed to be a breach of the License Agreement and any remaining term will be forfeited. Any false or misleading information provided by the Licensee in any application for the License Agreement will be considered a breach of this agreement and the Licensor will have the right to cancel and terminate this agreement immediately and all deposits will be forfeited in favor of the Licensor as liquidated damages. Licensee is also required to follow
all posted rules and regulations of the Licensor. Any violation of a posted rule and regulation of the Licensor shall be deemed a material breach of this Agreement and subject Licensee to termination of the License.
35. APPLICATION: All representations, information provided and statements in Licensee’s application must be true. If Licensor discovers falsehoods or misrepresentations on the application, that will constitute a material breach of this License Agreement subject Licensee to termination of the License.
36. NOTICE OF REQUIREMENT OF OWNER’S INSURANCE (AND WAIVER). Lessee/Owner hereby acknowledges that Lessee/Owner is solely responsible for the procurement of insurance of Lessee Owner’s personal Property, guests and subcontractors. Lessee/Owner warrants that the Vessel or vehicle is fully insured covering Lessee’s employees, guests, contractors, and subcontractors while on the premises or on the vessel, Hull and Machinery coverage which will include wreck removal and salvage coverage, and pollution
insurance to cover discharge of pollutants, oil, fuel, HAZMAT materials or garbage discharge. The Lessee/Owner agrees to keep such insurances in full force and effect during all times when the Vessel or vehicle is located at Yachtics’ facilities and should check with an insurance agent to see if any additional coverage is needed. Licensor and/or Licensor’s insurance shall not be responsible for Lessee/Owner’s personal property. Yard insurance covers only those items of equipment and property actually owned by Yachtics. Licensee hereby waives any right of subrogation for itself and its insurers.
37. LIMITATION OF LIABILITY/INDEMNIFICATION: Licensor shall not be liable for any damage or injury of or to the Licensee, Licensee’s Family, Guests, Invitees, Agents, or Employees or to any person entering the premises or the building of which the premises are a part or to any personal property stored on the premises. Licensee/ Owner and Vessel hereby release and agree to indemnify and hold Licensor / Yachtics harmless and defend Licensor from any and all claims, demands, suits, and liabilities for personal injury, loss of life and/or property damage arising for any reason whatsoever (other than gross negligence or willful misconduct on the part of Yachtics), including but not limited to injury or death of Crew, Guests, Representatives, Agents, Invitees, Day workers or Subcontractors and loss or damage to the vessel or contents. Licensee / Owner and Vessel shall indemnify and hold Yachtics, it’s Officers, Directors, Agents, and Employees and any other vessels (and their Owners) docked or stored in Yachtics’ facilities harmless from and against any and all accidents, injuries, claims, liability, losses, costs, damages, fees for attorneys and other expenses caused in whole or in part by negligence, fault or defect of the vessel, it’s crew, or the Lesse/Owner or any activities or devices used in connection with or relating to the vessel (including, but not limited to, those relating to resulting from the work or other activities of its Crew, Representatives, Guests, Invitees, Visitors, Agents, Servants, Employees, Contractors, Subcontractors, Day Laborers or Other Third Parties). In no event, whether based upon contract, tort, warranty or otherwise shall Yachtics be liable to the Lesse/Owner or the vessel for or obligated in any manner to pay special, consequential, punitive, incidental, indirect or similar damages for any reason in connection with this agreement and the transactions contemplated hereby. Nothing herein shall constitute an admission or agreement by Licensor that Licensee’s personal property has any value.
38. SERVICES: This paragraph and its subparts shall apply if Licensee engages Licensor or Yachtics for repair work to Licensee/Owner’s vessel. Any and all work that is undertaken by the Yard shall be on a strict time and materials basis per prevailing published rates unless specified otherwise in a separate written contract. No guarantees of delivery by a specific date may be assumed unless specified in a separate written contract. Yachtics agrees to perform services for the Licensee/Owner as described in Quotes, Proposals, Estimates, Work Orders, or Change Orders (the “Services”), which must be agreed to by the Owner/Licensee or Owner’s Representative and Yachtics prior to commencement of the work.
a. Yachtics may employ subcontractors to perform any of the Services, provided the subcontractor has provided all necessary insurance paperwork to the office of Yachtics and that Yachtics remains responsible for such work. Yachtics shall be responsible for obtaining any approvals or certificates required by the specified regulatory bodies.
b. The Owner agrees to compensate Yachtics for Services in accordance with the terms of this Agreement and any related contracts for Services. Any deposit shall be payable as stated in the Quote, Proposal, Estimate, Work Order, or Change Order and shall be credited toward the final invoice. Yachtics may submit interim invoices to the Licensee/Owner and such invoices shall be due and payable within thirty (30 ) business days. If the Licensee/Owner fails to pay any such sums when due, Yachtics may charge interest at 18% per annum compounded monthly and shall have the right to suspend work without liability to the Licensee/Owner until all sums owed are paid, including accrued interest. Final payment is due prior to the Vessel leaving Yachtics facility.
c. Title and risk of loss to the Vessel shall remain at all times with Owner. Yachtics shall have a maritime lien and possessory lien against the vessel for any unpaid sums due under this Agreement. Yachtics shall not permit or suffer any other lien to be created on the Vessel other than by reason of non-payment of any amount due Yachtics by the Owner.
d. LIMITED WARRANTY: Yachtics warrants that Services furnished by Yachtics or its subcontractors shall have been performed in accordance with the provisions of this Agreement and in a professional and workmanlike manner with a degree of skill and care consistent with local practice and within normal working hours. Yachtics warrants that all equipment furnished by Yachtics or its subcontractors and made a part of the Vessel are new and free of defects unless new parts are not commercially available. Yachtics will repair or replace any defects or deficiencies in equipment or workmanship that are discovered on the Vessel up to 90 days from the late date of the service or repair, provided that the Owner gives notice to Yachtics in writing within fifteen (15) business days of discovery of any defect or deficiency by the Lessee/Owner or an agent, employee or representative of the Owner. This warranty shall not apply to equipment which is manufactured by someone other than Yachtics and covered under a separate written manufacturer’s warranty provided to the Owner by Yachtics at redelivery of the Vessel, which manufacturer’s warranties shall be and hereby are assigned by Yachtics to the Lessee/Owner to the extent assignable. Any defect or deficiency in equipment or workmanship shall be remedied or replaced by Yachtics at its premises only. Should it be impractical to repair or replace Yachtics yard, Yachtics agrees to pay for labor and materials up to its published rates to repair or replace defective part or deficiency up to the limits in this Agreement but in no way over $10,000.
e. Yachtics shall under no circumstances be liable for damage in the Vessel, or any part of equipment thereof, caused by perils of the sea or rivers, navigation, fire, normal wear and tear, accidents at sea or
elsewhere, misuse or improper stowage or loading, negligence, willful neglect, alteration, addition or repair by any person other than Yachtics. The Licensee/Owner’s sole and exclusive remedy against Yachtics under this warranty shall be for the repair or replacement of the defect or deficiency and in no event shall Yachtics be liable for any consequential or incidental or special damages or any loss, damages or expenses arising from any or replacement of the defect or deficiency, including, but not limited to claims for bodily injury, illness, disease, death, loss of service, loss of society, maintenance and cure, wages, property damage, delays, demurrage, loss of profit, loss of revenues or any other consequential damages arising out of any breach of Yachtics or the performance thereof. Yachtics, as with redelivery of the Vessel, shall be deemed not to have any made and hereby specifically disclaims
any representation or warranty, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose.
f. Notwithstanding the above, Yachtics’ damages shall be limited to $10,000.00 for any warranty claim and any repair claim.
g. EXUSABLE DELAY: Yachtics shall complete the Services and redeliver the Vessel within the agreed upon period, which shall be extended to the extent set forth in a signed Change Order for Additional Services or to the extent a delay is caused by a force majeure or other causes.
h. Yachtics shall notify the Owner’s Representative in writing as soon as practicable after it has identified that one of the events specified in this subparagraph. The time stated to complete the Services shall be
extended due to any force majeure event; unavailability of parts, labor shortages, any delay, impediment, or prevention resulting from the acts or omissions of the Lessee/Owner, the Owner’s Representative,
the regulatory bodies or any third parties engaged by the Owner; or the late delivery to Yachtics of machinery, joinery, equipment, and supplies to be incorporated in the Vessel except where caused by the negligence of Yachtics.
i. Licensee may not store any trash or garbage on the premises or near premises.
j. Yachtics does not lend or rent tools. The unauthorized use of any Yard equipment, tools or unauthorized facilities by Lessee/Owner, any crew member, or guest is totally forbidden and will be considered legal
trespass.
k. In the interest of safety, the use of proper attire and footwear is required of all people within the confines of the Yard.
l. Lessee/Owner is responsible for the actions of themselves, their guests and those in their employ. It is Lessee/Owner’s responsibility to acquaint all those associated with the Vessel with the provisions,
conditions, rules and regulations specified in this document and to ensure compliance with them. Failure to do so will result in the immediate termination of all work on the Vessel and ejection of the Vessel from the Yard after all charges are paid.
m. In the event Yachtics is engaged to perform any work on any vessel or vehicle, it shall have the right to stop work if any payments are not made to Yachtics in a timely manner under this Agreement. Yachtics may keep the job idle without any penalty or liability until all payments due are received and made current.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date noted below.