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Service and Storage Agreement

Boat Storage Contract and Security Agreement

Fax: 616-594-5381 – Phone: 616-392-2592 – Email: info@me-yr.com

All contracts must be filled out electronically at https://www.me-yr.com/storage-contract/

This storage agreement dated between hereinafter called “Owner”, and M.E. Yacht Restoration, LLC, hereinafter called “MEYR”.

Owner’s Address:

City, State, Zip:

Primary Phone: E-mail:

Boat – Year & Make:

Boat Name: Slip #/Location: Marina: Key Location:

The term “Boat “is hereinafter defined to include the boat described above, its contents and accessories.

TERMS AND CONDITIONS

Payment and use of slip or storage space acknowledges and binds Owner to all rules and policies of MEYR, regardless of whether Owner has signed this contract.
TERM & TERMINATION: This agreement between MEYR and the Owner shall remain in full force and effect and will renew automatically from year to year, unless terminated by MEYR or the Owner. MEYR may from time to time modify this agreement or attachments with timely notice to the Owner of said modifications. Any disputes arising under the terms of this contract shall be governed by the laws of the State of Michigan. The venue for any legal action pursuant to this agreement shall be Ottawa County, Michigan.

Upon termination of this agreement by either party, the Owner shall vacate MEYR property or be subject to daily storage charges in effect at that time. Owner shall leave MEYR facilities in as good condition as at the commencement of this agreement, subject only to normal wear and tear.

Termination of this agreement by Owner must be in writing and submitted to the MEYR office by email at info@me-yr.com or in person or by first class mail to the following address: ME Yacht Restoration, 471 Howard Ave, Holland, MI 49424.

If Owner fails to keep, perform and/or observe any of the provisions contained in this agreement or attachments, MEYR may terminate this agreement upon notice to Owner. The Owner shall then immediately pay in full any outstanding balances due to MEYR, remove the vessel, leave and vacate MEYR’s premises.

The failure of either party to enforce at any time the provisions of this contract, or to exercise any option which is herein provided, or to require at any time performance of any of the provisions thereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this contract or any part thereof, or the right of such party thereafter to enforce each and every provision of this contract.
OWNER’S DUTIES: Owner agrees to have his boat insured at all times with complete marine hull coverage including personal liability, property liability and bodily injury and shall provide MEYR with evidence of such coverage upon demand and MEYR must be named on the policy as additionally insured.

Owner shall be held responsible for any injuries, loss and damages caused to other boats in the MEYR marina or the MEYR facilities and property by Owner or any Owner’s family members or guests visiting MEYR. Owner agrees to notify MEYR of termination of insurance policies in effect pursuant to the terms of this section. Owner agrees to accept full responsibility for any property damages and injuries of any nature to himself, any family member, guests and others visiting MEYR. In no event shall MEYR assume any liability for injuries of any kind. Owner shall indemnify MEYR against any and all claims of money awards relating to any family member or visitor claiming injuries. Indemnification shall include any subrogation claim by any insurance company for damages of any nature to Owner’s boat.

During the duration of this agreement, MEYR may reassign the subject vessel to another location in the MEYR marina or facilities as it may designate. MEYR does not allow assignment of this agreement to any other Owner or vessel, and no other vessel may occupy the space assigned to the above-named vessel without obtaining prior consent of MEYR.

Owner may not make any repairs, improvements, modifications, or alterations to any property owned by MEYR without first obtaining the consent of MEYR. Owner, Owner’s family, guests, agents or employees agree to use and maintain all MEYR facilities and property available for Owners use in a careful, safe, prudent and proper manner, and in such condition so as to prevent damage or injury to any person, vessel, or to any facility or property located at, stored in, or owned by MEYR.

Environmental regulations PROHIBIT fueling a vessel from containers of any kind on our premises, including the docks. Owner shall be solely responsible for the cost of any cleanup resulting from a fuel spill from containers, and may be subject to applicable fines. Owner agrees to have his vessel fueled only at a designated fuel dock.

Owner agrees to leave one complete set of keys and/or combination and/or location of hidden keys for access to the above-named vessel with MEYR, and grants to MEYR the right of reasonable access to the vessel at all times it is on MEYR’s property or in its facilities. Vessels will not be shown to others, nor will others be allowed on or inside said vessel, unless accompanied by Owner. Owner agrees to carry insurance on the vessel and to provide proof of insurance upon request.

Owner, Owner's family, guests, agents and employees agree to obey all rules, regulations, procedures and applicable laws as may be posted on MEYR premises and/or provided to the Owner from time to time.

Owner understands and agrees that no competitive labor or subcontractors will be allowed upon the premises of the marina or facilities, ashore or afloat, without prior notification and approval of the management of MEYR, and Owners will not direct or order such persons to MEYR unless they have been so approved and checked in at the MEYR office. MEYR reserves the right to perform all other work and/or maintenance on the vessel unless done by the Owner or members of Owner's family. Any exceptions to the above are to be arranged for by the Owner and must have approval in writing from management of MEYR. MEYR reserves the right to handle all sub-contractor billing for work performed on MEYR property, and to add a surcharge to the billing. Any "for hire” individual or vendor who does not have proper authorization, insurance, and/or does not sign in will be deemed to be trespassing on MEYR property and removed. Failure to comply could terminate this contract and cause additional storage and handling charges to Owner.

Owner understands and agrees that should any MEYR property or service needs to be kept open after normal working hours, or should there be a need for MEYR to clean up any litter, debris, dirt or mess resulting from work done by Owner or members of Owner's family, his agents or contractors, MEYR shall bill the Owner at the current yard rate with a minimum charge of one (1) hour.

The Owner agrees to give MEYR immediate written notice if the vessel is sold, donated, or ownership is otherwise relinquished, indicating the new Owner's name, address and telephone number and the terms of the sale, including the terms, if any, for the payment of any unpaid debt to MEYR. The new owner shall not have any right whatsoever, under this agreement or otherwise, to a slip, in and out storage, storage space, or service at MEYR, unless said right is expressly granted in writing by MEYR. Owner will be responsible for all charges under this agreement until the vessel has been removed from MEYR or the new owner has contracted with MEYR for rental space.

If the Owner fails to keep, perform and observe any of the provisions contained in this agreement, MEYR may terminate this agreement upon notice to Owner. The Owner shall then immediately pay in full any outstanding balances due to MEYR, remove the vessel, leave and vacate MEYR’s premises.
PAYMENT: Any rental space or work contracted for by the Owner or merchandise purchased from MEYR, will be paid in standard terms of net cash, payment due upon receipt of invoice. Owner agrees that a finance charge of 1.5% per month (18% per year) may be charged to all accounts not paid after 30 days from the invoice date and that failure to pay according to the above terms may be cause for termination of this agreement by MEYR. No vessel will be released until charges accrued against the vessel have been paid in full. All credit card payments are subject to a 3% processing fee.

This agreement applies to slip rental, in and out storage, storage, merchandise purchases, maintenance, repairs, subcontracted labor, and all other services performed or arranged by MEYR.

The Owner grants to MEYR an express lien upon the vessel to secure payment of all amounts remaining due and unpaid pursuant to the terms of this agreement and for all amounts unpaid for any work, labor, service, material, or improvements provided by MEYR on or for the vessel or for the Owner and for any unauthorized extensions of the time period set forth in this agreement.

All accounts are payable in full upon receipt of invoice or statement. Finance charges will be imposed if charges are thirty (30) days overdue at the next statement billing cycle. Finance charges are computed as follows.
1. Payments and credits (returns, rebates, adjustments, etc.) are deducted from the previous balance.
2. A finance charge of 1.5 % per month (18% annual) is imposed on the remaining balance with a minimum finance charge of $1.00.

All unpaid accounts become delinquent and are closed to future charges after sixty (60) days.

At the discretion of MEYR, Owner's privileges at MEYR may be suspended for non-payment of invoices, including but not limited to termination of key card access, termination of in and out storage, and termination of slip access by locking boat to dock.

MEYR will take whatever action it deems necessary to effect collection of delinquent accounts including but not limited to legal action or a maritime lien. If it becomes necessary to refer a delinquent account to an attorney for collection or pursue an action through Small Claims Court, the Owner will be responsible for payment of attorney fees and Court costs. The venue for any legal action will be Ottawa County, Michigan.

ME Yacht Restoration LLC may effect a maritime lien against the described vessel securing the amount of any charges for labor, materials, supplies, installations, towages, hauling, and/or any other necessaries set forth in the Agreement and/or in 46 USC Sec. 31342 and the Michigan Marina and Boatyard Storage Lien Act (MCLA 570.371-570.379). Owner agrees to submit the vessel to the provisions of 46 USC Sec. 31342 and/or the Michigan Marina and Boatyard Storage Lien Act (MCLA 570.371 -570.379). The term "necessaries' shall include any and all attorney's fees and costs of collection for the collecting of any unpaid sums. The Owner/Agent shall be responsible for all pre and post judgment fees.

Owner is not authorized to remove the vessel which is the subject of this agreement from MEYR until all accounts for MEYR are paid in full.
LIMITATIONS OF LIABILITY: MEYR assumes no responsibility for any pilferage or damage caused by vandalism, unlawful disturbance of the peace, or for any other reason. MEYR shall not be liable for any loss of or damage to the vessel by fire or the elements. The Owner further understands and agrees that MEYR is not responsible for any minor scratching, gouging, or abrasions of whatever kind or nature which occur during any handling or storage to the vessel deemed necessary by MEYR.

MEYR shall not be liable for any loss of or damage to Owner supplied dinghies, bicycles or any other personal items left on MEYR property by Owner.

The Owner understands and agrees that MEYR does not warrant the quality, fitness or condition of ladders, platforms, docks, slips, walks, ramps, electrical wiring, plumbing, gas pumps, roads, parking lots, equipment, or gear on its premises or which may be made available to the Owner, Owner's family, guests, agents or employees. The Owner hereby jointly and severally releases and forever discharges MEYR and their agents, owners, employees and affiliate corporations or those who might be claimed to be liable for accident, damage, injury or other occurrence while the Owner, the vessel, or their property is or are upon the premises of MEYR by reason of any claims, suits or damages of the Owner, his family, guests, agents or employees. The Owner understands and agrees that MEYR assumes no responsibility and shall not be liable for any injuries to the Owner, Owner's family, guests, agents or employees while said individuals are on MEYR’s premises or within the boundaries of MEYR’s property. Owner shall reimburse MEYR for any damage to the facilities and properties of MEYR caused by Owner, Owner's family, guests, agents or employees or the vessel. Owner shall indemnify and hold MEYR harmless from and against any and all losses, costs, damages, liabilities, expenses, injuries, demands, lawsuits and claims of every kind and nature whatsoever, to and/or against MEYR by any person, firm or corporation by way of damages or otherwise, consequent upon or arising from the use or occupancy of said premises by Owner, Owner's family, guests, agents or employees or consequent upon or arising from any acts, omissions, neglect or fault of Owner, Owner's family, guests, agents or employees, or consequent upon or arising from the failure of Owner, Owner's family, guests, agents or employees to comply with all relevant state, county and municipal laws, statutes, ordinances or regulations, or from the failure of Owner, Owner's family, guests, agents or employees or the vessel to perform, comply with and observe any provision contained herein or by reason of any act or the negligence of Owner, Owner's family, guests, agents, employees or the vessel, or any dangerous condition existing on said vessel, or created by Owner, Owner's family, guests, agents or employees.
WAIVER OF LIABILITY: Owner hereby acknowledges that the use of MEYR’s facilities is undertaken with knowledge of risk of possible injury, i.e. walking on the docks, climbing ladders, swimming, entering and exiting vessels, etc. Owner hereby accepts all risk of injury to himself, his family, guests, agents or employees sustained while using the MEYR facilities or while involved in any event or activity incident to this contract. In accepting the risk of injury, Owner understands that he is relieving MEYR, their directors, officers, partners, shareholders, employees, agents, and affiliates from all loss, cost, claims, injury, damages, or liability sustained or incurred by Owner, Owner's family, guests, agents or employees resulting from or arising out of any conduct or event connected with said contract.

Owner further agrees to hold harmless and indemnify MEYR and their directors, officers, partners, shareholders, employees, agents and affiliate corporations from all liabilities or claims of injury to person or property not arising from the negligence of MEYR connected with this contract and use of any of the MEYR facilities.

WINTER STORAGE RULES

All contracts MUST be paid in full prior to occupancy. A 1.5% per month (18% annual) finance charge will be assessed to all past due balances.
ABSOLUTELY NO ACID IS TO BE USED INSIDE THE FACILITY FOR ANY PURPOSE. If you would like your boat acid washed, please notify us prior to haul out and we will acid wash it before it enters the building for an additional fee.
ABSOLUTELY NO SANDING OF BOTTOM PAINT WILL BE PERMITTED IN THE FACILITY.
ALL WORK PERFORMED BY BOAT OWNERS MUST BE APPROVED BY MEYR BEFORE STARTING. MEYR will be named as “ADDITIONAL INSURED” on owner’s policy if owner desires to board or work on the boat while it is in storage. Certificate of Additional Insured must be approved by MEYR office prior to owner entering storage areas.
Storage is billed by square foot total of LOA x beam (LOA includes bow pulpits and swim platforms). Our door opening will accommodate total height up to 34’. Any items above that level will be removed and Owner will be invoiced for time and materials.
MEYR must have a key or a lock combination for boat access and operation.
Scheduled launches or moves cannot be guaranteed due to weather conditions.
Boat placement, positioning and moving is at the discretion of MEYR.
There are no refunds of any kind due to the sale of any stored or signed boat.
Boats requiring early removal after placement in storage will be assessed additional charge for labor.
Boats will not touch other boats or walls. Boat may overhang bow or stern. Access around boat may be limited by positioning of other stored boats. Additional space may be purchased for owner maintenance based on availability.
All waste tanks must be emptied prior to haul-out.
Once launched, Owner must retrieve boat from marina within 5 business days or be charged $3 per linear foot per night until the boat is retrieved.
Unless instructed otherwise, MEYR will perform a “winter check-in” which includes draining bilges, removing all perishables, cleaning out and opening refrigerators and freezers, turning off battery switches and plugging in chargers. This service is complimentary only for boats that we launch or haul with our equipment and does not include boats on trailers.
Boats remaining in storage after June 1^st are subject to additional storage charges.
Owner is responsible for carrying adequate liability and comprehensive insurance on the boat while in storage. “The Company does not assume any responsibility or liability to the Owner for any loss or damage to said boat from fire, lightning, theft, vandalism, weather, act of God or any other condition, nor does the Company assume any responsibility or liability of any character for any personal injury to the Owner or to anyone whom he may invite upon the premise(s) of the Company, it being agreed that the boat owner, for his own protection, shall carry insurance (with liability limit no less than $300,000) covering the risk aforesaid and the Company shall have the benefit of such insurance in all aspects if it were a named insured.”
Owner understands and agrees that no competitive labor or subcontractors will be allowed upon the premises of MEYR, ashore or afloat without prior notification and approval of the management of MEYR. MEYR reserves the right to handle all sub-contractor billing for work performed on MEYR property, and to add a surcharge to the billing.
As required by our insurance carrier, all outside contractors are required to register with the service office and provide written proof of insurance naming ME Yacht Restoration LLC, 471 Howard Ave, Holland, MI 49424 as the certificate holder prior to performing any work on MEYR property. Failure to provide this information will constitute trespassing.

IN AND OUT STORAGE RULES

All contracts MUST be paid in full prior to occupancy. A 1.5% per month (18% annual) finance charge will be assessed to all past due balances.
In order to be eligible for this service, customers must have either stored their boat at MEYR for the winter prior or be committed to storing at MEYR for the winter following.
The in and out storage season begins on the Monday prior to Memorial day and ends on the Monday after Labor Day. Access to your boat or the ramp are not guaranteed before or beyond this date range.
No special placement, exceptions or considerations will be made for customers who use a different service provider for maintenance or repairs. If your boat needs to be brought to a different location for service, do so during the in and out storage term. WE WILL NOT honor any requests to keep your boat accessible before or after the in and out storage term.
Do not fill your fuel tanks from portable containers while on MEYR property.
A responsible representative of each vessel shall immediately report to MEYR the time, place, cause and circumstances of any accident or injury to passenger or other person, or damage to any property, in which a vehicle or vessel is involved, and within 24 hours shall submit such information in writing to MEYR.
Hauling and launching hours are from 6am – 11pm. Exceptions will be made on holidays such as Independence Day. Owners returning after 11pm must secure boat to a launch ramp dock. MEYR will then haul boat out on the next scheduled business day and charge Owner $75 for this service.
This is a family-oriented marina and you are responsible for your family and guests. Be considerate of those around you. Observe a low sound curfew at 11pm per township ordinance.
Do not under any circumstance park vehicles on the launch ramp, it’s surrounding areas or on the grass.
When not in use, trailered boats should be parked in an organized fashion in the designated in-and-out storage area which is the Northwest half of the building. Please keep all lanes clear and be courteous of other customers and MEYR staff.
After launching, all tow vehicles and trailers are to park inside the building in a designated in and out storage space, please do not park tow vehicles with trailers in the parking lots.
Guest vehicles and vehicles without trailers are to park in the main parking lot.
Please watch your speed on MEYR property, especially when driving inside the facility or near blind corners.
Customers must use the provided freshwater hose at the launch ramp to rinse any duckweed, sand or debris from boat prior to storing in the facility.
Washing of boats and trailers inside the facility is permitted pending the boat is moved to an area of the facility where other boats will not be affected. Owners must clean up any areas used for boat washing when they are done. Owners must supply their own water hoses and cleaning tools and supplies and may not borrow any hoses, tools or supplies belonging to MEYR.
Observe "no wake" areas as posted and always operate your boat at its minimum possible speed until away from all docks. BOAT OWNERS ARE LIABLE FOR ANY AND ALL DAMAGE CAUSED TO ANY PROPERTY BY BOAT'S WAKE.
Customers will be held responsible for their family and guests' behavior.
Long term or overnight docking is not permitted.
Under no circumstances will any overnight stays be permitted on boats or any other vehicle in launch or storage areas.
Key cards are for customers only, all guests must be accompanied by customer.
Boat ramp and launch are for Owner and MEYR employee use only. Owner’s use of the ramp is for the vessel listed above only, no guests or visitors boats are to be launched or retrieved from the MEYR ramp.
A spotter must be present while backing any trailers within the building.
Be kind and courteous to fellow customers and MEYR staff.
MEYR will launch or haul boats at the customer’s request for $75 each way, hauls/ launches must be prescheduled .

MARINA RULES

All contracts MUST be paid in full prior to occupancy. A 1.5% per month (18% annual) finance charge will be assessed to all past due balances.
One 30 amp OR one 50 amp outlet is included with your slip. An additional outlet can be purchased for $1,000 per season. Electricity is to be used responsibly, Owner will be charged for excessive power usage.
This is a family-oriented marina and you are responsible for your family and guests. Be considerate of those around you. Observe a low sound curfew at 11 pm per township ordinance.
No sailboats are allowed in the marina with the exception of sailboats owned and operated by Loroloco Sailing School.
Boats docked in the marina must be seaworthy and be capable of moving under their own power. No boat shall create a fire hazard, a sinking hazard or an unsightly condition. All boats shall be properly moored.
Owner agrees that additional boats or crafts, including but not limited to runabouts, rowboats, dinghies and life rafts, must be placed on davits or physically upon the owner’s boat so as not to extend beyond owner’s boat and Owner hereby agrees if such craft are not capable of being stowed or stored in accordance with this, a separate slip (if available) will be reserved and contracted with MEYR.
Bag your garbage and dispose of it in one of the dumpsters located around the property. Do not put used oil, hot coals, or fish in garbage dumpsters.
The term for slip rentals is May 1 through October 1, subject to adjustment due to weather and water conditions at the sole discretion and determination of MEYR.
Pets are welcome at the marina as long as they are attended to at all times. Please keep pets away from walkways, do not force others to walk around your pet. Take your pet to the designated areas for their relief, pet waste bags are provided. Keep barking to a minimum and keep your pets on a leash when walking them.
Chartering of Owner's vessel on or off the docks, property, and improvements owned by MEYR is expressly prohibited.
Owner may not make any repairs, improvements, modifications, drill holes or make any alterations to docks owned by MEYR without first obtaining the consent of MEYR.
Hoses and electrical lines shall not be run across the docks. Water supply hoses of an unattended vessel shall be shut off or disconnected at the dock and stowed aboard. Water shall not be wasted. Only manufactured marine electrical cords and adapters are approved and may be used in the marina.
Do not fill your fuel tanks from portable containers while in the marina or on MEYR property.
The anti-siphon valves on the dock water faucets are required by township ordinance. Removal of these devices could create a vacuum and subject other boats to contamination of their drinking water. Owners who remove these devices will be required to pay for a replacement device, and subject to applicable fines and possible termination of their rental contract.
Dock boxes are not allowed on marina docks.
Boats with bow pulpits or other extending objects from the bow or the stern of the boat must be tied back so said object does not extend over the top of the docks.
All transient slips must be reserved ahead of time and registered at the office to be assigned a slip. Check out time for all transient boats is 12:00pm noon. Any boats remaining in the marina after that time will be charged an extra day unless prior arrangements have been made with management. All transient boats must display a guest pass issued by MEYR. Slip renters shall not invite guest boats to use MEYR facilities without compliance with the transient guidelines.
A responsible representative of each vessel shall immediately report to MEYR the time, place cause and circumstances of any accident or injury to passenger or other person, or damage to any property, in which a vessel is involved, and within 24 hours shall submit such information in writing to MEYR.
Park only in designated areas and do not block dumpsters, service doors, or traffic lanes.
Grills are not allowed on docks or finger piers at any time.
Laundry shall not be hung on boats, docks or finger piers in the marina.
MEYR assumes no responsibility for improperly moored boats or improperly tied lines. MEYR reserves the right to replace defective lines when necessary and to charge the Owner for the cost of replacement.
MEYR reserves the right to move Owner’s boat from assigned slip and/or reassign a boat from one slip to another. Boats found in unassigned slips will be moved at Owner’s expense.
Clean up after using the marina's grills, restrooms, tiki bar and fire pit areas and make sure they are available for everyone to use.
Notify MEYR personnel if non-customers are using any facilities - especially the bathrooms, docks, grills, tiki bar or fire pit areas.
Do not post signs of any type on MEYR property without first obtaining permission from MEYR.
Observe "no wake" areas as posted and always operate your boat at its minimum possible speed until away from all docks.
All work to be performed by MEYR personnel must originate with our service management team located in our main office. We will not be responsible for work order requests given directly to service personnel.
MEYR is not responsible for any loss to food or any other personal property stored upon the boat resulting from interruption or discontinuance of electrical service or for any other reason whatsoever. Any electrical, mechanical or structural failures must be reported to management immediately so that failures may be repaired.
Should Owner’s boat sink in the marina, Owner agrees to remove his boat within 24 hours of its sinking. MEYR may move or have the vessel removed at the Owner’s cost. Any vessel experiencing more than normal leakage must be repaired or removed from the marina. Owners are responsible for pumping out their vessels as necessary. Should an emergency develop whereby MEYR uses its equipment and/or manpower to pump out a vessel, a charge will be assessed. In the event of an emergency during the Owner’s absence such as the breakdown of a bilge pump, leads, bad lines or other cause, MEYR and their agents or employees are authorized to make necessary repairs which will then be charged to the Owner. Nothing herein gives rise to any right, cause or claim arising from the method of action taken by MEYR and its agents or employees from taking any action under this paragraph for any right, cause or claim arising from the method of action taken.
MEYR will take reasonable measures to maintain adequate depth in the marina but MEYR shall in no event be deemed responsible for Owner running aground in any portion of the marina or its accesses, nor shall MEYR be responsible for submerged objects. Owner shall be responsible for the operation of the Owner’s boat within the marina area and knowledge of all marina and access depths and submerged objects shall be the sole responsibility of the Owner and MEYR assumes no duty to notify or warn Owner in connection therewith.
Owner understands and agrees that no competitive labor or subcontractors will be allowed upon the premises of MEYR, ashore or afloat without prior notification and approval of the management of MEYR. MEYR reserves the right to handle all sub-contractor billing for work performed on MEYR property, and to add a surcharge to the billing.
As required by our insurance carrier, all outside contractors are required to register with the main office and provide written proof of insurance naming ME Yacht Restoration LLC, 471 Howard Ave, Holland, MI 49424 as the certificate holder prior to performing any work on MEYR property. Failure to provide this information will constitute trespassing.

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Signed by Eric Evenhouse
Signed On: June 1, 2022

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July 2, 2021 11:37 am EDT

Service and Storage Agreement Uploaded by Eric Evenhouse - eric@me-yr.com IP 24.176.23.6