2015 Oak Grove Marina Contract
1) Lessor shall retain the right to designate boatel space. Every effort shall be made to assign Lessee the boatel space of his/her choice; however, the rights of other Lessees and the Lessor’s business judgement shall also be relevant factors in the assignment of boatel space.
2) Lessee is entitled to ONE (1) trip from boatel to water and back into boatel space per day during the launching period of 1-April – 31 October of any rental period. Additional trips per day during the launching period or at any other time during the rental period will be charged the standard forklift-hauling fee in effect at that time.
3) All boatel space rent shall be payable in advance.
4) Lessee agrees not to sell, transfer, assign or permit the use of his/her assigned boatel space without the express written consent of the Lessor.
5) If Lessee desires to store a boat other than the craft referenced on Page 1 of this Contract, he/she must obtain the written permission of Lessor and pay any additional charges.
6) Only those persons specified on page 1 of this Contract shall be permitted to enter or operate the boat in OGMC.
7) Lessee agrees not to hold Lessor liable for any loss caused by any delay in launching, transporting or commissioning caused by weather or any other event beyond the control of the Lessor.
8) Lessor does not guarantee that electrical service shall be continuous. Lessee shall not use the OGMC’s electrical outlets to operate power tools, equipment, machinery, etc. unless written permission has been given by Lessor.
9) Use of any open flame device, toxic chemicals or any other hazardous equipment or supplies in the boatel area is prohibited.
10) Lessee shall use the docks and attached facilities for reasonable and typical boating activities. Lessee shall keep the boatel area clear of all gear, tackle and other obstructions. Lessee agrees not to dispose of waste or trash (including treated or untreated sewage from heads or holding tanks) in the harbor or docking area. Lessor shall not permit Lessee to: cause damage to the boatel facility through excessive wear and tear, create any unnecessary disturbance or nuisance, or store rubbish in the boatel facility.
11) Lessee may work on his/her boat in the OGMC as long as such work does not interfere with the rights or other Lessees or the operation of OGMC. If Lessee wishes to have someone other than himself or an employee of Lessor work on his boat in the OGMC prior written approval must be obtained from Lessor. Such approval will be only if Lessor’s service department cannot perform the required repairs to the boat. The outside serviceman must deliver to Lessor evidence of a standard certificate of workman’s compensation and liability insurance coverage.
12) If Lessee violates any of the terms and conditions contained in this Agreement or those posted in OGMC, Lessor shall have the option of terminating this Contract upon ten (10) days written notice to Lessee. Lessee must remove his/her boat from the boatel prior to the end of the 10-day period.
13) Lessor shall have statutory maritime liens (state and federal) upon the boat, motor and attached equipment to secure any and all services and materials supplied to Lessee by Lessor during the term of this Agreement.
14) Lessee shall not remove his/her boat from the rented boatel space until all charges secured by the liens described in paragraph 13 have been paid in full.
15) Lessee agrees to reimburse Lessor for reasonable attorney fees and costs relating to a suit or other collection efforts by Lessor against Lessee to collect any amounts due under this Agreement or any amounts due and secured by the liens described in paragraph 13 of this Agreement.
16) If Lessee fails to remove in a timely manner his/her boat and equipment from the rented boatel space at the termination of this Contract, Lessor shall have the option of:
a) Charging Lessee daily rent on a pro rata basis for the boatel space occupied, or
b) Taking possession of the boat and equipment, or
c) Moving the boat and equipment to another location, or pursuing any other remedy available under law.
17) INSURANCE- Lessee agrees to have the watercraft covered by a full marine insurance package (hull coverage as well as indemnity and liability coverage). Lessee agrees to release and discharge Lessor from any and all responsibility or liability for injury (including death), loss, or damage to persons or property in connection with Lessor’s boatel facility or marina. This release and discharge shall cover without limitation any loss or damage resulting from Lessor’s employees, parking or hauling of Lessee’s boat, vandalism, theft, fire, hail, high/low water, wind, collision, ice, rain or any other act of God.
18) If Lessee fails to make his/her boatel space rental payments, Lessor may use either of the remedies set forth in paragraph 16 (B, C, or D). If Lessor chooses the remedy in paragraph 16 (C), Lessor may rent the space to another Lessee.
19) Lessee shall deliver to Lessor duplicates of all keys required to access and operate his/her boat. Lessor shall enter Lessee’s boat only for periodic inspection or in the event of an emergency.
20) In an emergency situation, Lessor shall be permitted to move Lessee’s unattended boat to a safer location if possible. Provided, however, that Lessor shall not be required to provide this service. In the event such service is provided, Lessee will be billed at Lessor’s prevailing rates for the service rendered posted and Lessee shall be required to pay all costs incurred by Lessor on Lessee’s behalf. Lessee shall indemnify and hold Lessor safe and harmless from any and all liability, injury, loss or damage caused by or resulting to Lessee’s boat due to an emergency situation.