STONEWALL RESORT MARINA 2018 BOAT SLIP LEASE AGREEMENT

Transcription

1 STONEWALL RESORT MARINA 2018 BOAT SLIP LEASE AGREEMENT THIS AGREEMENT, made this the day of, 2018, between Stonewall Resort, 940 Resort Drive, Roanoke, West Virginia, 26447, hereinafter called LESSOR, and, (Please print name) hereinafter, called LESSEE. WITNESSETH: WHEREAS, the Lessor manages and operates the marina within Stonewall Resort State Park, and WHEREAS, the Lessee desires to obtain a lease for a boat slip at the marina, and WHEREAS, the Lessor desires to lease a boat slip at the marina to the lessee. This lease agreement is not intended, and shall not be construed to vest in the lessee any title, tenure, or property rights in the real estate, fixtures or personal property belonging to the Lessor now located, or which may be hereafter located, in or around the premises of the boat slip to be occupied by the lessee, except as expressly granted herein. follows: NOW, THEREFORE, in condition hereinafter contained, it is agreed to the parties hereto as 1. The Lessor hereby grants to the lessee, and the lessee hereby accepts from the Lessor, a lease for the boat listed below in a slip at the marina at Stonewall Resort State Park: Make of boat Type of boat Horsepower Boat license No. Expiration Trailer license No. State of Registration: Lease Type (circle): 7 month 5 month monthly other Lease beginning Lease ending Total Slip Rental Fee $ 2. The Lessee shall pay the above slip rental fee in full at the time of rental for new rentals. 3. All renewal payment for annual slip rentals is due in full by the end of business on April 15, A late payment fee will be assessed at 10% of total docking fee per month on payments received 1

2 after April 15th until May 1st. On May 1st, all unpaid renewals will be considered delinquent and slip will be considered open or vacant and will be returned to the rental inventory. Nonpayment of renewal fees will result in eviction and be subject to actions listed in point 29. No payment terms will be extended by Stonewall Resort beyond those listed. 4. All annual leases end on October 31, Payment of annual fees will be pro-rated for new leases that begin after April 1, A copy of your boat title, boat registration and boat trailer license plate number, along with proof of insurance and list of insurance coverage for boat, will be required prior to acceptance of your contract and processing of your payment. All boats will be required to have current licensing and insurance, prior to lease being executed. All incomplete submissions will be returned. This submission process occurs on an annual basis. 6. All boats will be physically measured using a length overall system by marina staff (see Stonewall Resort State Park Marina Length Overall (LOA) Measurement Policy attached.) Width will also be measured. Slip contracts will not be completed and accepted by the Lessor without the associated boat being physically measured by assigned Stonewall Resort State Park staff members and signed off on by this staff member. All new boats to the Stonewall Marina must meet this LOA Measurement Policy prior to being launched and docked at the Marina. NOTE: ANY BOAT LAUNCHED WITHOUT THE COMPLETION OF STEPS 5 AND 6 MAY BE REMOVED AND LOCKED BY STONEWALL RESORT STATE PARK STAFF MEMBERS. Please refer to the policy regarding boat replacement sizing for more information. 7. The Lessee shall be solely responsible for carrying adequate insurance of all types for the protection of the Lessee s property and any damages that may be caused by the Lessee s property and his/her family, guests and invitees during the term of this lease agreement. The Lessor shall not be responsible for carrying any insurance on the leased premises, the Lessee s boat or any personal property of the Lessee. Damages incurred by others as the result of Lessee s actions or negligence shall be the sole responsibility of Lessee. 8. This lease agreement is only for the rental of the above described marina slip for the boat specified ONLY. No boat may be substituted for the above described boat, except by grant of permission in writing by the Lessor. Should Lessee vacate their slip at anytime during the term of this agreement any refund of the unused portion of the term will be at the sole discretion of the Lessor. No slips will be rented empty (without an assigned boat with approved title, registration, and insurance). 9. The Lessee agrees not to assign, transfer, convey, sublet or otherwise dispose of this lease agreement or of his/her right, title, or interest therein, or his/her power to execute such lease agreement to any other person, company or corporation without the previous consent in writing (Slip Transfer Agreement) of the Lessor. 10. The Lessee assumes all risk in the operation of this lease agreement and agrees to indemnify and hold harmless the Lessor and all of its officers and employees from all claims, suits, losses, damage, or injury to persons or property left on boat of whatsoever kind or nature, arising out of the operation of this lease agreement or the carelessness, negligence, or improper conduct of the Lessee or any servant, agent, or employee, including any liability arising from the raising or lowering of the water level in Stonewall Jackson Lake, due to natural or man-made events. 11. Lessee shall not represent or use, in any way, the assigned boat slip as a permanent residence. Slip usage is limited to short-term recreational activities only. RESORT WIDE QUITE HOURS BEGIN AT 10:00PM DAILY. 12. Lessor reserves the right to assign and/or change the assignment of the marina slip/slot for your boat that best fits the operation and maintenance of the marina. Larger boats will be placed closer to the shore, where the wind load will have a significantly reduced effect on the structure. 13. Our intent is to permit an annual Coast Guard Auxiliary Inspection or similar each spring. All boats will 2

3 be required to submit to this safety inspection. All boats that do not comply with the inspection and its results will be subject to removal without refund of any unused portion of slip rental fee. 14. This lease agreement includes use of the marina dumping station at no cost, when the area is available. Marina patrons are responsible for the safe and legal disposal of waste. Any issues, fines, or citations for improper disposal will be the sole responsibility of the Lessee. 15. This agreement does not cover storage of boats or boat trailers. No storage of any boat or boat trailer will be provided by the Lessor. The Lessee shall remove his/her boat or boat trailer from the premises of the Stonewall Resort State Park within forty-eight (48) hours after he/she places his/her boat in the slip he/she leases or removes the boat from the Marina. 16. As part of this agreement, Lessor agrees to provide two (2) annual park entry passes per 7 month contract or one (1) per five month contract (not by slip count). Passes are not included with any other slip rental types. Receipts will not be accepted as a substitute for passes. THESE PASSES ARE THE ONLY MEANS FOR SLIP LESSEES TO GAIN ACCESS TO THE REOSRT PROPERTY WITHOUT INCURRING AN ADDITIONAL ENTRY FEE ON A DAILY BASIS. MAKE SURE THAT YOU BRING YOUR PASS EACH TIME YOU WISH TO GAIN ACCESS TO THE RESORT PROPERTY. A LOST PASS WILL NOT BE REPLACED AND A NEW PASS MUST BE PURCHASED BY THE LESSEE. 17. Lessor has the right to board the Lessee s boat, to adjust the ropes mooring the boat, and to take any other measures reasonably necessary to carry out his/her duties and responsibilities and to protect the property and interests of the Marina and its patrons. 18. The Lessor shall not be responsible for any rain, wind, ice, storm damage, or other Acts of God to the Lessee s boat, nor any damages that may result from the raising or lowering of the level of Stonewall Jackson Lake, due to these events. Damages caused by not maintaining these areas are the sole responsibility of the Lessee. The Lessor does not assume the responsibility to contact boat owners in this situation. 24 HOUR SECURITY IS NOT PROVIDED FOR LESSEE S BOAT. 19. The Lessee agrees to be totally responsible for properly covering his/her boat, and to have an operational automatic bilge pump in his/her boat. The Lessor shall not be responsible for any accumulation of water or snow in the boat or on the boat covers or subsequent damages from such accumulations. The Lessor does not assume the responsibility to contact boat owners in this situation AND MAY REMOVE OR RELOCATE THE BOAT FROM THE MARINA (AT LESSEE EXPENSE) IF NOT DOING SO PRESENTS DANGER OF DAMAGE TO THE MARINA DOCKING SYSTEM. 20. If the Lessee brings a pet on the premises, he/she shall keep it restrained on a leash at all times. Pet owners are responsible for all actions of their pets. 21. The Lessee shall not permit anyone to swim, fish, or water ski in or around the premises he/she leases at the Marina. SWIMMING WITHIN 300 FEET OF THE MARINA IS A VIOLATION OF WEST VIRGINIA STATE LAW AND MAY RESULT IN THE CANCELLATION OF THIS LEASE AGREEMENT. No fishing from the dock or from boats moored within the Marina will be permitted. 22. Lessor reserves the right to immediately relocate or remove Lessee boat, if it presents an immediate hazardous or harmful condition to other patrons, other boats or the marina docking system. 23. Lessee agrees to keep their boat or watercraft in a safe, SEA WORTHY and well kept condition. Well kept includes, but is not limited to, free from varmints and pests (bees, wasps or other flying insects), free of safety hazards, appropriately moored, appropriate electrical safety items in place, etc. Lessor shall notify Lessee of any unsafe condition and lessee has seven (7) days to correct the condition. If condition is not corrected in seven (7) days Lessor has the right to remove the watercraft and store at Lessee s expense under the terms detailed in point Lessee agrees to not temporarily or permanently attach any object to the dock system. No modifications to the said lease slip will be accepted. Lessor reserves the right to remove any attached objects from marina dock system. 25. Lessee agrees to keep walkways around slip free of carts, coolers, cooking grills/equipment, carpets, 3

4 decorations or other items that impede a safe, free, and clear pathway around marina slips. Such items may be removed and stored by the lessee or placed on the lessors boat if they impede a safe, free and clear pathway around marina slips in the opinion of Stonewall Resort State Park staff members. Carts and/or dollies shall be returned to cart storage area after use. Exceptions may be given to persons with a disability. 26. Lessee agrees to keep all carts and/or dollies located in the designated cart storage area. Carts and dollies may not be attached to fences, posts, rails or signs in any other location than the designated cart storage area. 27. Lessor does not convey the rights of use to any other facility within the resort to Lessee without payment of appropriate fees to Stonewall Resort. These areas are designated for registered overnight guests. These include, but are not limited to, campground restrooms and bathhouse, campground sites, campground access areas, fitness center and fitness center showers and Stonewall Resort indoor/outdoor pool and patio area. 28. THIS POINT RESERVED FOR FUTURE USE 29. Lessor has the right to terminate and modify the term of this contract at any time and will provide a prorated refund for the unused amount should a business or operational decision deem this action necessary in the best interest of Stonewall Resort. Thirty (30) days of prior notice will occur in these instances related to a business and/or operational change (on the Lessor s part ONLY). Changes in plans or length of contract term on the Lessee s part will be subject to item 8 in this contract. This provision does not include any term modification based upon actions of the Lessee. 30. Upon failure of the Lessee to comply with any provision, condition, or stipulation contained in this lease agreement, it may be canceled and terminated immediately by the Lessor. In such case, the Lessor shall remove Lessee s boat from the slip which was leased to him/her within forty-eight (48) hours of the time he/she was notified of such cancellation. If the Lessee fails to remove the boat, the Lessor may remove and store it, and the cost thereof shall be due and payable by the Lessee. The removal fee will be the actual fee charged by the towing company, plus storage fees. The Lessor shall not be liable for any damages that occur in removing or storing the boat. The storage fee will be assessed at a rate of $ per month or $20.00 per day, whichever is the lowest amount. IN WITNESS WHEREOF, the Lessee and the Lessor have duly executed and sealed these presents, the day and the year first above written. Stonewall Resort-Lessor Date Lessee s Signature Date Lessee s Name (print) Contact Information: Home: Cell: Work: Lessee s Address Please attach a copy of current boat registration, boat title, proof of insurance and 4

5 boat trailer license plate number FOR OFFICE USE ONLY Slip Number: Lease beginning Payment Method: On File: -Title - Current Boat Registration Total Slip Rental Fee Paid $ Lease ending Date Received: - Proof of Insurance -Boat Trailer License Number -Confirmed Actual Length and Width (using LOA system) by (STONEWALL RESORT STAFF MEMBER NAME PRINTED) Length Width Notes: 5