Boat Mooring License Agreement

Boat Dock Lease between Lessees in Same Condominium

Lease agreement made on the (date),

between , of , hereinafter called Lessor, and , of , hereinafter called Lessee.

Whereas, Lessor owns Condominium Unit in the Plan of Condominium on file and of record in the land records of the Clerk’s office of , together with a % undivided interest in the common areas and facilities of the Condominium, and together with certain dock facilities or the right to use certain dock facilities; and

Whereas, Lessee owns Condominium Unit in the said Plan of Condominium on file and of record in the land records of the Clerk’s office of , together with a % undivided interest in the common areas and facilities of the Condominium, and desires to lease the said dock facilities of Lessor in order to procure space for the moorage of a boat or vessel, described below (the vessel).

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

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: None

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.:

Lessee agrees to give Lessor 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. Lessee

A. Condominium Unit No.:

B. Name:

C. Residence Address:

D. Business Address:

E. Telephone Numbers:

Residence:

Emergency:

Business:

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

Name:

Address:

Lessee agrees to give Lessor written notice of any changes in the above information within days after the occurrence of any such change.

4. Lease of Space

Lessor hereby leases to Lessee the mooring or storage space described above (the space) for the mooring of Lessee’s vessel, and none other. Title to said space, the boat lift and any other similar such fixtures or equipment shall remain the property of Lessor.

5. Fees and Notice of Vacancy

As consideration for use of the space, Lessee agrees to pay to Lessor $ per month payable in advance on or before the first day of each month at Lessor’s address set forth above. In addition, Lessee further 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.

6. Covenants by Lessee

Lessee 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 Lessor.

B. Compliance with Rules and Regulations. Lessee will comply with all applicable rules, regulations, and instructions of the United States Coast Guard, the local harbor authorities, the Condominium Association, including posted regulations, and will maintain the vessel in proper and safe conditions while it is in the space, or otherwise about the premises of Lessor.

C. Berthing Gear. Lessor 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 Lessee.

D. Maintenance of Vessel. Lessee 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 Lessee’s responsibility. Prior approval is needed from the Lessor for any maintenance to be done to the vessel in the space.

E. Guests. Lessee agrees that all guests and hired personnel will conform their activities to the requirements of this Agreement, and Lessee agrees to be liable for, and to indemnify and hold Lessor harmless from, any damages or injury caused by any such guest or hired personnel while in the mooring area. Lessor may ascertain that third parties aboard the vessel are authorized by Lessee to be aboard.

F. Rules and Regulations. Lessee agrees to use the mooring and dock in accordance with the Condominium Association’s rules and regulations, a current copy of which Lessee has received and which, by this reference, is made a part of this Agreement. The Condominium Association has reserved the right to modify its rules and regulations from time to time. Lessee further agrees not to violate any law, ordinance, rule, or regulation of any governmental authority with respect to the mooring or dock.

G. Pump-out Services. At all times during which the vessel is berthed at the mooring and should take on water, if Lessor deems it necessary to pump-out water for any reason, Lessee agrees to pay Lessor a reasonable service charge for doing so plus the cost of all materials used. Lessor shall have no liability to Lessee 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 Lessee waives any rights against Lessor by reason of such activity and agrees to indemnify Lessor and save Lessor harmless from any costs incurred as a result of said pump-out services nor failure to pump-out, including alleged damages caused by Lessor.

L. Use of Space at Lessee's Risk:

1. Lessee agrees that use of the space is at the sole risk of Lessee. Lessee 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 Lessor, and that all of such items are in satisfactory condition and not defective. Lessee agrees to notify Lessor in writing of any defect or unsafe condition observed by Lessee after the date of this Agreement. Lessee agrees that Lessor 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 Lessor. Lessee assumes all risk of injury, death, damage, or injury to property, to Lessee and Lessee's family, guests, invitees, and employees, and their property, however caused, and whether occurring on the vessel or by or on property belonging to Lessor or under control of Lessor, 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 Lessor or by reason of any condition of property belonging to Lessor or under Lessor's control.

2. Lessee agrees to supervise and be responsible for the actions or inactions, fault, and/or negligence of Lessee's family, guests, invitees, and employees.

8. Insurance

Lessee 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 Lessor as additional name insured, with waiver of subrogation with respect to Lessor. Lessee is also required to carry hull insurance on the vessel, the amount to be determined by Lessee.

9. Expenses

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

10. Assignment, Subletting and Termination

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

D. On termination of this Agreement, Lessee 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 Lessor deem it necessary to move vessel and personal property, it will be at Lessee's expense. If Lessee fails to remove the vessel within days after termination of this Agreement, Lessee agrees that Lessor 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 Lessor's choice, and Lessee shall pay or reimburse to Lessor all costs incurred or charged by Lessor and any third party by reason of such removal. Lessee agrees that Lessor shall have no liability to Lessee 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 Lessee waives any rights against all such persons and entities by reason of such removal.

11. Limitation of Liability

Lessee agrees that Lessor shall not be liable for any injury, including death, to Lessee or to Lessee'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 Lessee’s vessel.

12. Indemnification

Lessee agrees to defend, indemnify, and hold harmless Lessor, 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 Lessee of any of the Lessee's obligations under this Agreement;

B. Arising out of or caused by or related to any action, inaction, fault, or negligence by Lessee or Lessee'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 Lessor, or its officers, directors, agents, or employees.

13. Remedies Including Lien

By execution of this Agreement, Lessee acknowledges that pursuant to and by the terms of this Agreement, Lessor 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 Lessor 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.

WITNESS our signatures as of the day and date first above stated.