Boat Mooring License Agreement

Boat Mooring License between Condominium Association and Owner of Unit

License agreement made on the , between , of , hereinafter called Unit Owner, and , an association organized and existing under the laws of the state of , located at , referred to herein as Association.

Whereas, Unit Owner owns Condominium Unit in the Plan of Condominium on file and of record in the land records of the Clerk’s office of County, , together with a % undivided interest in the common areas and facilities of the Condominium, and together with the right to use a mooring space of the dock facilities managed by the Association;

Whereas, Association operates and maintains moorage and storage facilities for privately-owned pleasure boats and yachts on the Condominium premises; and

Whereas, such facilities are available only for the use of Condominium Unit Owners and the facilities do not constitute a public wharf; and

Whereas, Unit Owner desires to procure space for the moorage of a boat or vessel, described below (the vessel).

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Mooring Assignment and Fees

A. Mooring: Space No.

B. Term: Month-to-month, commencing

C. Mooring Fees: $ per month.

D. Fee Due Date: The day of each calendar month.

E. Security Deposit: $

2. Description of Boat

A. Vessel Name:

B. Number:

C. Builder:

D. Type:

E. Total Length:

F. Beam:

G. Draft:

H. Insurance Carrier/Agent: Address:

I. Insurance Policy No.:

Unit Owner agrees to give Association written notice of any change in the insurance, including amounts or terms of coverage, insurance carrier, insurance agent, or insurance policy number, within days after the occurrence of any such change.

3. Owner

A. Condominium Unit No.:

B. Name:

C. Residence Address:

D. Business Address:

E. Telephone Numbers:

Residence:

Emergency:

Business:

Boat:

F. Legal Owner (i.e., name appearing on evidence of title):

Name:

Address:

Unit Owner agrees to give Association written notice of any changes in the above information within days after the occurrence of any such change.

4. License to use Space

Association grants Unit Owner a non-exclusive license to use a mooring space or storage space (the space) at the docks located on the property of the Condominium for the mooring of Unit Owner’s vessel, and none other. This right to use is only a license and is not a lease of property, and it is terminable at any time by Association or Unit Owner. This license does not create a bailment, and Association has no duties of care with respect to the vessel. Use of a mooring space is solely and completely at the risk of Unit Owner. This license is for the use of a single mooring space assigned by Association, which assignment may be changed by Association at any time and from time to time.

5. Fees and Notice of Vacancy

As consideration for use of the space, subject to Association’s right to increase the rates charged for use of the space at any time and from time to time on written notice to Unit Owner, Unit Owner agrees to pay to Association $ per month payable in advance on or before the first day of each month at the office of Association. In addition, Unit Owner agrees to pay and discharge any and all excise or other taxes that may be excised or levied by any governmental agency in connection with the use of the space.

Unit Owner will provide notification in advance when the space will be vacant and the dates of vacancy. If Association finds an alternate use for the space during all or a portion of the time the space is vacant, Association agrees to credit to Unit Owner's account % of the use fees received by Association during the period when the space is used by another. If such alternate use is not by a unit owner of the Condominium, an additional guest fee may be charged, and the full amount of such guest fee shall be payable and retained by Association.

6. Security Deposit

Unit Owner shall pay to Association the amount of the security deposit set forth above. Association at its option, may claim from the security deposit such amounts as are reasonably necessary to remedy Unit Owner's defaults in obligations under this Agreement, including, but not limited to, defaults in the payment of mooring fees and other charges, to repair damages to the mooring or to the dock caused by Unit Owner, the vessel, or Unit Owner's guests or invitees, exclusive of normal wear and tear, or to clean such mooring, if necessary, on termination of this Agreement. If any portion of this security deposit shall be applied as provided in this Agreement, Unit Owner agrees to deposit with Association an amount sufficient to restore such security deposit to its original amount, and failure to do so shall constitute breach of this Agreement. Association shall have the right to commingle the security deposit with other funds of Association. On termination of this Agreement, Association shall apply the security deposit to the unpaid portion of any of Unit Owner's obligations and shall return any remaining portion of such security deposit, without interest, to Unit Owner.

7. Covenants by Unit Owner

Unit Owner agrees that:

A. Commercial Activity Prohibited.

At all times that the vessel is or may be in the space pursuant to this Agreement, it shall be used solely for pleasure and shall not be used in any commercial activity or undertaking, unless written authorization is obtained from Association. If Association is asked to give a written authorization to Unit Owner for any such commercial use or activity, Unit Owner shall first supply Association with a prior written request and certificate, and Association shall have the sole discretion to grant or deny any such request in whole or in part and whether the exercise of such discretion is considered reasonable or not.

B. Unit Owner's Property.

Unit Owner will not store or leave and will not permit the storage or leaving of any gear, equipment, dinghies, materials, or property of any nature on floats, landings, or other premises managed by Association, other than the moorage or storage of the vessel in the space.

C. Compliance with Rules and Regulations.

Unit Owner will comply with all applicable rules, regulations, and instructions of the United States Coast Guard, the local harbor authorities, Association, including posted regulations, or the dock master or other officials or representatives of Association, and will maintain the vessel in proper and safe conditions while it is in the space, or otherwise about the premises of Association.

D. Berthing Gear.

Association and its officers, agents, and employees shall not be obligated to furnish or be responsible for tie ropes, bumpers, fenders, or other gear used in berthing the vessel, and this equipment shall be the sole responsibility of Unit Owner.

E. Moving Vessel in Emergency.

In the event of an emergency, Association, in its discretion, may move the vessel from the space to any other place, and neither Association, nor any of its officers, directors, agents, or employees shall have any liability to Unit Owner or to any other person for any loss or damage resulting from any such movement of the vessel or from any failure to so move the vessel, whether occurring by negligence or otherwise, and Unit Owner waives any rights against Association, its officers, directors, agents, and employees by reason of such emergency.

F. Maintenance of Vessel.

Unit Owner agrees not to have any heavy work done to the vessel in the space and to move the vessel to a boatyard for heavy work and repairs. Minor maintenance involving use of paints or light sanding, and the like, must remain (or be contained) aboard the vessel. Any accidental spill of any chemical or toxic substance must be reported immediately and will be Unit Owner's responsibility. Prior approval is needed from the for any maintenance to be done to the vessel in the space.

G. Securing Vessel.

At all times during which the vessel is berthed at the mooring, Unit Owner shall cause it to be safely and properly secured to its mooring in a manner acceptable to Association. If Association deems it necessary to resecure the vessel for any reason, Unit Owner agrees to pay Association a reasonable service charge for doing so plus the cost of all materials used. However, Association has no responsibility for the safety of the vessel and will not be liable for fire, theft, or any damage to the vessel, its equipment, or any property in or on the vessel by reason of Association's decision either to resecure the vessel or to not resecure it.

H. Guests.

Unit Owner agrees that all guests and hired personnel will conform their activities to the requirements of this Agreement, and Unit Owner agrees to be liable for, and to indemnify and hold Association harmless from, any damages or injury caused by any such guest or hired personnel while in the mooring area. Association reserves the right to regulate the entry into the Association by yacht brokers and yacht service personnel. Association may ascertain that third parties aboard the vessel are authorized by Unit Owner to be aboard.

I. Change of Mooring.

Association reserves the right to move or require Unit Owner to move the vessel from the mooring to another mooring within the Condominium’s dock at any time for any reason whatsoever, and Unit Owner grants Association permission to board the vessel for such purpose. Neither Association nor any of its officers, directors, agents, or employees shall have any liability to Unit Owner or to any other person for any loss or damage resulting from any such movement of the vessel or from any failure to move the vessel, whether occurring by negligence or otherwise, and Unit Owner waives any rights against Association, and its respective officers, directors, agents, and employees by reason of such movement.

J. Rules and Regulations.

Unit Owner agrees to use the mooring and dock in accordance with Association's rules and regulations, a current copy of which Unit Owner has received and which, by this reference, is made a part of this Agreement. Association reserves the right to modify its rules and regulations from time to time. Unit Owner further agrees not to violate any law, ordinance, rule, or regulation of any governmental authority with respect to the mooring or dock.

K. Pump-out Services.

At all times during which the vessel is berthed at the mooring and should take on water, if Association deems it necessary to pump-out water for any reason, Unit Owner agrees to pay Association a reasonable service charge for doing so plus the cost of all materials used. Neither Association nor its officers, directors, agents, or employees shall have any liability to Unit Owner or to any other person for any loss or damage resulting from boarding the vessel or for pump-out services or from any failure to board and pump-out, whether occurring by negligence or otherwise, and Unit Owner waives any rights against Association and its officers, directors, agents, and employees by reason of such activity.

L. Use of Space at Unit Owner's Risk.

1. Unit Owner agrees that use of the space is at the sole risk of Unit Owner. Unit Owner represents that he or she has made an inspection of the space and other spaces, slips, floats, docks, mooring, walks, gangways, ramps, equipment, roofs, building, premises, and other property of Association or under the management of Association, and that all of such items are in satisfactory condition and not defective. Unit Owner agrees to notify Association in writing of any defect or unsafe condition observed by Unit Owner after the date of this Agreement. Unit Owner agrees that Association has made no warranties or representations, and that there are no warranties or representations either express or implied, regarding the present or future condition, nature, suitability, or fitness of the space or any other spaces, slips, floats, docks, mooring, walks, gangways, ramps, marina facilities, equipment, roads, buildings, premises, and other property of Association or under control of Association. Unit Owner assumes all risk of injury, death, damage, or injury to property, to Unit Owner and Unit Owner's family, guests, invitees, and employees, and their property, however caused, and whether occurring on the vessel or by or on property belonging to Association or under control of Association, whether any such injury, death, damage, or injury to property is alleged to have arisen in whole or in part from the primary or secondary, or active or passive, negligence of Association or its officers, directors, agents, or employees, or by reason of any condition of property belonging to Association or under Association's control.

2. Unit Owner agrees to supervise and be responsible for the actions, inaction, fault, and negligence of Unit Owner's family, guests, invitees, and employees.

8. Insurance

Unit Owner agrees to secure and maintain during the term of this Agreement a policy of complete marine insurance including protection and indemnity liability with limits of not less than $ per occurrence, naming Association, its officers, directors, employees, and agents as additional name insureds, with waiver of subrogation with respect to Association. Unit Owner is also required to carry hull insurance on the vessel, the amount to be determined by Unit Owner.

9. Expenses

Unit Owner agrees to reimburse Association for any and all costs and expenses (including attorney's fees) incurred by Association in connection with enforcing any of the rights of Association pursuant to this Agreement. In addition to other obligations, Unit Owner agrees to pay to Association the cost of any work necessary to repair or replace any damage to the mooring, the dock, or to facilities managed by Association caused by the vessel.

10. Assignment, Subletting and Termination

A. Unit Owner shall not sublet or assign the space.

B. This Agreement may be terminated at any time by either party on not less than days written notice.

C. At the sole option of Association, this Agreement shall automatically and immediately terminate at such time as Unit Owner sells, leases, or otherwise transfers any or all of its interest in the vessel to any other party, whether or not such transfer is voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in bankruptcy, or otherwise.

D. If Unit Owner fails to perform any of the terms, conditions, and promises as set forth in this Agreement, Association, at its option, and without waiving any other remedies it may have, may immediately terminate this Agreement on written notice to Unit Owner.

E. On termination of this Agreement, Unit Owner shall immediately remove the vessel from the mooring and shall remove all other of his or her personal property, if any, from the dock. Should Association deem it necessary to move vessel and personal property, it will be at Unit Owner's expense. If Unit Owner fails to remove the vessel within days after termination of this Agreement, Unit Owner agrees that Association may (but is not required to) cause the vessel to be removed (together with all personal property located on or about vessel) to a mooring or dry dock location of Association's choice, and Unit Owner shall pay or reimburse to Association all costs incurred or charged by Association and any third party by reason of such removal. Unit Owner agrees that Association, its officers, directors, agents, and employees shall have no liability to Unit Owner or to any other person for any loss or damage resulting from any such removal of vessel or failure to remove such vessel, whether occurring by negligence or otherwise, and Unit Owner waives any rights against all such persons and entities by reason of such removal.

F. If Unit Owner ceases to be a Unit Owner of Association or fails to perform any of the terms, covenants, or conditions to be performed by Unit Owner, Association, in addition to and without waiving any remedies it may have, may immediately terminate this Agreement.

G. This Agreement shall automatically terminate on substantial damage to or destruction of the moorage space.

H. This Agreement shall automatically terminate in the event Unit Owner discharges, or causes or suffers to be discharged, any trash, litter, sewage, or other form of pollutant from Unit Owner's vessel into the waters in or adjacent to the moorage facilities managed by the Association.

11. Limitation of Liability

Unit Owner agrees that Association, its directors, officers, employees, and agents shall not be liable for any injury, including death, to Unit Owner or to Unit Owner's guests and/or invitees caused by or related to the mooring or arising from any accident or fire or casualty in or around the dock and moorage facilities or from any other cause related to the mooring of Unit Owner’s vessel.

12. Indemnification

Unit Owner agrees to defend, indemnify, and hold harmless Association, its officers, directors, agents, and employees free and harmless from any and all loss, liability, injury, or damage (including attorney's fees and costs to investigate and defend):

A. Arising out of or caused by a breach or default by Unit Owner of any of the Unit Owner's obligations under this Agreement;

B. Arising out of or caused by or related to any action, inaction, fault, or negligence by Unit Owner or Unit Owner's guests and/or invitees; or

C. Arising out of or caused by or related to the exercise of any rights under this Agreement by Association, or its officers, directors, agents, or employees.

13. Remedies Including Lien

By execution of this Agreement, Unit Owner acknowledges that pursuant to and by the terms of this Agreement, Association shall have a lien on the vessel for money that may become due under this Agreement.

14. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

15. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

16. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

17. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

18. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

19. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

20. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

21. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.