Homewood High & Dry Marina Short Term Storage License Agreement – Terms and Conditions
CANCELATIONS AND REFUNDS: All signed License Agreements are final. No refunds. Customer Initial ________
EARLY DEPARTURE: Any boat leaving prior to the end of the defined Storage License Agreement will be re-billed at the higher seasonal rate for the term stored before the boat is released. Customer Initial ________
DEFINITIONS: The term Owner refers to the Vessel’s Owner, Owner’s agents and/or representatives as identified on page 1 of the Storage License Agreement. The term Marina refers to WS Marina, LLC d/b/a Homewood High & Dry Marina. The term Vessel refers to the Vessel’s hull, equipment and all other Vessel related property of the Owner when stored at the Marina as identified on page 1 of the Storage License Agreement. The term Space is defined as dry rack, buoy, or other storage premise assigned by the Marina to the Vessel in accordance with this Agreement.
LICENSE AGREEMENT: This Agreement is merely a non-exclusive license to the Owner for the right to use the Marina’s facilities, amenities, services, and property designated hereunder subject to the terms and conditions hereof. This Agreement does not convey any interest in real property or licensed Marina facilities and is not for use of the facilities as a lease or rental of residential property, property as a dwelling, or for any other such purpose.
SPECIFIED VESSEL AND SPACE: The Marina agrees to permit the Owner to use the Space for the purpose of storage for the Vessel described herein. This Agreement is for one Vessel only and for no other vessel or purpose whatsoever. Owner shall not substitute another vessel for the Vessel described herein without approval of Marina and appropriate increase in storage fee, if other vessel is larger or would otherwise be charged a higher rate. Marina, in its sole discretion, reserves the right to reassign the Vessel to a different Space at the Marina. Owner authorizes Marina to move the Vessel to such reassignment space at any time.
TERM: The Term of this Agreement is as defined on page 1 of the Storage License Agreement unless otherwise terminated as provided elsewhere in this Agreement.
RELEASE AND WAIVER FOR LIABILITY AND INDEMNITY AGREEMENT: This Agreement is for Space only. Such Space is to be used at the sole risk of the Owner. The Marina shall not be liable for the care, protection, or security of the Vessel, her appurtenances, or contents, or for all loss or damage of any kind or nature to the Vessel, her appurtenances, or contents due to fire, theft, vandalism, sinking, collision, equipment failure, windstorm, hurricane, rains, water, terrorism, dust, rust or other casualties. There is no warranty of any kind as to the condition of the piers, walks, gangways, ramps, mooring gear, ladders, stepladders, or electrical and water service, nor shall the Marina be responsible for injuries to persons or property occurring upon the Marina property for any reason. Owner hereby assumes the risk occasioned by use of this License Agreement and the condition and use of the Marina facilities, amenities, services and property even though Owner’s Vessel may, from time to time, be considered to be in the Marina’s custody and control.
Owner knowingly waives Owner’s right to bring action against the Marina, it’s officers, agents, employees, and successors and releases the Marina, it’s officers, agents, employees and successors from any and all costs, expenses or liability for any and all loss, damage or injury (including death) to person or property, which Owner suffers upon or in connection with the use or condition of the Marina facilities, amenities, services and property. Owner agrees to indemnify and hold harmless the Marina, it’s officers, agents, employees and successors against all claims of Owner, Owner’s children, other family members, guests or invitees of any of them for damages (including death) to persons or property by reason of the use, occupancy, condition or perils of the Marina’s facilities, amenities, services and property, and all expenses incurred by the Marina because thereof, including attorneys’ fees and court cost. Provided, however, Owner does not release the Marina from nor indemnify for damages due to injury (including death) to person or property caused by or resulting solely from the willful misconduct or gross negligence of the Marina, it’s officers, agents, employees, and successors tort of the Marina, its officers, agents, employees, or successors. Owner shall be responsible for and shall reimburse and indemnify the Marina, it’s officers, agents, employees and successor for any loss, expense, damage or injury (including death) to the person or property of any person including the Marina, it’s officer, agents, employees, or successors, resulting from or contributed to by any negligence, perils or intentional tort of Owner, Owner’s children, other family members, guests or invitees of any of them.
LIMITATION ON DAMAGES: If, notwithstanding the above limitations on liability, the Marina should be determined to be liable to Owner for damages to person or property, the Marina’s liability shall be limited to a sum equal to Owner’s applicable insurance deductible actually paid by Owner in each instance. In no event shall the Marina be liable for consequential damages such as, but not limited to, loss of revenue or profits, or for exemplary damages.
INSURANCE: Owner agrees to carry sufficient insurance for the Vessel and its equipment on an actual cash value basis, or cost to repair or replace. Owner will maintain Watercraft Liability coverage with a minimum limit of $500,000. Owner is required to provide evidence of insurance on the vessel and will add WS Marina, LLC as an additional interest on their Watercraft policy
PROOF OF OWNERSHIP: The person who signed this Agreement as Owner or Owner’s Agent hereby represents and warrants that he/she is in fact and in law the true owner of the Vessel, (or Agent thereof), and that he/she has full power and right to enter into this Agreement for himself/herself and for the Vessel, and that there are no restrictions of any kind upon him/her or the Vessel, which limit or restrict his/her right and power to bind himself/herself and the Vessel to each and every term and condition of this Agreement.
AUTHORIZED VESSEL USERS: Authorized Vessel Users shall include the Vessel Owner, Authorized Vessel Users as identified on page 1 of the Storage License Agreement, and any person with the express written consent of the Owner on file at the Marina office. Vessel shall not be removed from the Marina by any person other than an Authorized Vessel User. Marina is authorized to deliver the Vessel to an Authorized Vessel User as and when requested, and Marina is hereby relieved of any liability as a result of such delivery. Notwithstanding the foregoing, Marina, its agents, or employees are authorized to move and/or operate the Vessel described herein during the making of repairs or when necessary for normal facility operations.
MARINA ACCESS: Owner shall have access to the Marina facilities open to the public only during the business hours. Owner shall have no admittance to the Marina storage area and authorized personnel-only areas.
BUOYS: The Marina is responsible for maintaining the buoy ball, chain, and anchor block in full repair. Owner agrees to maintain and assume full responsibility for the connection between buoy ball and the Vessel, and to insure that the Vessel is secured properly to the buoy ball, where applicable.
CATWALKS: The Marina provides catwalks to be used by the Owner, Authorized Vessel Users, guests, or invitees at their own risk. The catwalks are to be kept clear and free of debris at all times except for the loading/unloading of supplies and equipment to and from the Vessel. Any personal property left on a catwalk unattended shall be removed by Marina at Owner’s expense and Marina shall not be held responsible for any such personal property.
SIGNS: No “For Sale”, “For Charter”, etc. signs are permitted. Properly identified prospective purchasers can obtain information relative to any vessels available for sale from the Marina office.
CHILDREN: Children under the age of 16 years old are not allowed on the catwalks or docks unless accompanied by and under the direct supervision of an adult. Children under the age of 7 years old shall not, under any circumstances, be allowed on the catwalks and or docks unless wearing a coast guard approved life jacket and under the direct supervision of an adult.
PETS: Dogs are not allowed except on a leash. Owner is responsible for cleaning up after any pet in his/her party.
LIVING ABOARD: Owner, Authorized Vessel Users, guests, or invitees shall not use the Vessel as living quarters or for overnight sleeping. No sewage shall be pumped, thrown, or otherwise deposited into the lake at any time.
TRAILERS: The Marina assumes no responsibility for any trailers left in any outside storage area.
VESSEL MAINTENANCE: Absolutely no Vessel mechanical maintenance or servicing of any kind is allowed over the water. Owner performed maintenance is prohibited on Marina property, all related work must be coordinated through the Marina Service Department.
VESSEL CONDITION: At all times, Owner has the absolute continuing duty to inspect Vessel for hazardous material and unsafe conditions and maintain the Vessel in safe condition, including but not limited to removing loose combustibles, ensuring that engine compartment is adequately ventilated, inspecting float switches to ensure normal operation, and ensuring batteries are secure and safe. Owner warrants and represents that at all times during the term of this Agreement, the Vessel shall be maintained in a safe and seaworthy condition by Owner and shall be operated in a careful and safe manner so as not to cause damage to Marina’s facilities, or to any other property, vessels or persons. Prior to hauling by the Marina, Owner agrees to ensure that the Vessel is in a safe condition in respect to such hauling.
Owner further agrees that the Marina shall have the authority, pursuant to this paragraph, to do all things and to take all steps necessary to reduce the hazards and dangers, including but not limited to sinking condition, that in Marina’s judgment appear to be present or foreseeable, notwithstanding the above. Nothing herein shall be construed to create any duty, obligation or responsibility on the part of the Marina to act in such circumstances and nothing herein shall be construed to create any liability on the part of the Marina for failing to act in such circumstances. Owner shall be responsible for cost of any such action by the Marina.
DAMAGE BY OWNER: Owner shall be responsible for and shall promptly, upon demand, pay the Marina for any damage caused to the Marina or State property by Owner, his Vessel, his crew, guests, invitees, employees, or agents. Owner shall comply with all laws and regulations now or hereafter in effect concerning the protection of the environment in and around the Marina; shall be responsible for and shall promptly, upon demand, pay the Marina for any damage, expense or liability incurred by the Marina due to Owner’s failure to comply with such laws and regulations or due to any pollution created by, caused by, or contributed to by Owner.
All persons causing injury or damage to other persons, piers, docks, the Marina property or other vessels shall be liable therefore, and violations of rules, disorder, or indecorous conduct by the Owner, his crew, guests, or invitees, that might, in the sole discretion of the Marina, injure a person, cause damage to property, or harm the reputation of the Marina, is cause for termination of this Agreement. In the event the Marina removes Owner’s Vessel pursuant to this section, Owner shall be liable to the Marina for the cost of such removal. In such event, Owner shall be deemed in default under this Agreement and the Marina shall have all of the remedies permitted under this Agreement or law for Owner’s default.
STORAGE LICENSE FEES: Storage License Fees under this Agreement are due and payable at the time of the signing of this Agreement. Notwithstanding the foregoing, if the monthly installment plan is selected by the Owner, monthly installment payments are due and payable on the 5th day of each month during the Term. Payments delivered by mail must be postmarked by the 5th day of each month. Any payments postmarked later than the 5th day of the month shall be assessed a 1.80% late fee per month. Any such late fees shall be added to the Owner Account as immediately due and payable. At the Marina’s sole discretion, delinquent Owner Accounts may be charged to the Owner’s credit card account, as applicable, without prejudice.
MONETARY DEFAULT: Any Storage License Fees, late fees, interest, damage compensation, other fees, or charges for gas, supplies, and services furnished to the Owner that are delinquent for a period of 30 days or more will constitute an event of Monetary Default under this Agreement. Subject to the provision of the California Harbors and Navigation Code Section 490 or other applicable statutes, any delinquent fees shall constitute a lien against the Vessel, as well as the personal obligation of the Owner. The Marina shall have the right to enforce all lien rights available under the law, including sale of the Vessel.
Furthermore, in the event of a Monetary Default hereunder, it shall be unlawful for Owner or any person to remove a Vessel upon which a lien has occurred without first making full payment to the Marina. The Marina shall have the right to take such action as necessary to prevent removal of the Vessel from the Marina while there is such a lien in existence, including but not limited to attaching a chain to the Vessel or other means of securing or detaining the Vessel as deemed necessary by the Marina. At any time while there is a default under this Agreement, the Marina has the right to remove or relocate any Vessel situated in the Marina to another slip, or to open water or dry land storage, and the Marina shall have no responsibility for maintenance or security of such Vessel once the Vessel has been relocated.
TERMINATION: Marina shall have the right to immediately terminate this Agreement without notice or demand and be excused from further performance of its obligations hereunder upon the occurrence and continuation beyond a reasonable cure period of any of the following events (“Events of Default”):
- Event of Monetary Default as defined herein
- The Vessel or those aboard her are, in Marina’s judgment, either a public or private nuisance or are unreasonably interfering with the peaceful enjoyment of Marina’s facilities by others;
- The Owner or any of his/her crew shall fail to abide by and comply with any other term or condition of this Agreement;
- The Owner’s Vessel is dilapidated, unseaworthy, or falls into disrepair and is deemed by the Marina, in its sole discretion, to be an unsightly nuisance or safety concern to the Marina and its Owners;
- Owner abandons Vessel at Marina;
- Owner engages in offensive or abusive behavior toward other Owners of the Marina or Marina’s employees
- Owner attempts to assign this Agreement without prior consent of the Marina
Following termination of this Agreement by the Marina upon an Owner Default, Owner shall remain responsible for any unpaid Storage License Fees for the full initial Term of the Agreement. For the avoidance of doubt, if the initial Term of the Agreement was one (1) year, and the Agreement is terminated by the Marina after nine (9) months as a result of Owner Default, Owner remains liable for any unpaid portions of the one (1) year Storage License Fee.
Notwithstanding the foregoing, Marina may terminate the Agreement for any reason (with or without cause) upon thirty (30) days written notice to Owner, which notice shall be given as provided herein. Following such termination, Owner is only responsible for the Storage License Fees until the effective date of the Termination.
OWNER OBLIGATIONS UPON TERMINATION: Owner agrees that upon termination of this Agreement as provided herein, Owner will remove the Vessel from the Space in a careful seaman like manner, leaving all facilities and utilities in good order and condition, reasonable wear and tear excepted. Owner agrees that if he fails to remove the Vessel within 10 days, he shall be liable for said holdover at the daily rate, which is in effect for transient boaters at the time, unless otherwise agreed to by the Marina in writing. In addition, in the event Owner fails to remove the Vessel at Owner’s sole risk and expanse, Owner agrees that the Marina shall not be liable or otherwise held responsible for damage, loss or expense in connection with such removal or storage. The Marina shall not be deemed a bailee of the Vessel removed pursuant to this paragraph. Notwithstanding anything contained in this Agreement to the contrary, Owner shall not have the right to remove the Vessel or any part thereof from Marina’s premises without Marina’s written consent, until all fees, other charges and liens owed by Owner hereunder have been paid to Marina, in cash, cashier’s check or money order.
ASSIGNMENT: This Agreement may not be assigned by Owner (including a purchaser of the Vessel during the term of this Agreement), without prior consent of the Marina, which may be withheld at the sole discretion of the Marina. Any attempt to assign or transfer this Agreement by Owner is in violation of this Agreement, and shall be void and unenforceable. Marina, without the consent of Owner, may freely assign its right, title and interest in this Agreement to any person and Owner hereby irrevocably gives its consent to any such assignment.
GOVERNMENTAL REGULATION AND ORDINANCES: Owner represents and warrants that Owner, his representatives and the Vessel shall comply with all local, county, state and federal regulations, including, without limitation, all the Tahoe Regional Planning Agency regulations, Lahontan Regional Water Quality Control Board regulations, and regulations regarding endangered and protected species applicable to the Marina site. Owner shall comply with all laws and regulations now or hereafter in effect concerning the protection of the environment in and around the Marina and shall be responsible for and shall promptly, upon demand, pay Marina for any damage, expense or liability incurred by Marina due to Owner’s failure to comply with such laws and regulations or due to any pollution created by, caused by, or contributed to by Owner.
DAMAGE OR DESTRUCTION OF THE MARINA: If the Marina is damaged or destroyed, the Marina shall have no obligation to repair or rebuild the facilities. Marina or Owner shall have the right and option to terminate this Agreement without liability to the other party for such termination by notice to the other party, which notice shall be delivered within thirty (30) days after such damage to or destruction of the premises. The Storage License Fee shall abate in proportion to the extent the Marina is untenable from the date of such damage or destruction to the date the Premises is restored or the Agreement is terminated.
NOTICES: Notices to the Owner shall be deemed to be served properly if given in writing (a) by personal delivery to Owner, (b) by registered or certified mail to Owner at the address set forth herein or to other address as Owner shall have last designated by written notice to Marina, or (c) by electronic mail sent to the Owner’s email address as specified on page 1 of the Storage License Agreement. Notices to Marina shall be deemed served properly if given in writing (a) by personal delivery to the Marina office, (b) by registered or certified mail to the Marina at the address set forth herein, or (c) by electronic mail sent to the Marina email address as set forth herein. Electronic mail notices shall be considered received upon the sender’s receipt of an acknowledgement from the intended recipient such as by the “return receipt requested” function, return e-mail or other written acknowledgement.
ELECTRONIC SIGNATURES BINDING: To facilitate execution of this Agreement, original, faxed or electronic mail (in .PDF or similar file) copy will constitute a complete and fully executed Agreement.
SEVERABILITY: In the event one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this License Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein.
ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement of the Parties with respect to the subject matter hereof. Any and all other prior or contemporaneous agreements, discussions, or representations, and understandings of any nature, whether oral or written, with respect to the subject matter of this Agreement and hereby superseded, merged and revoked. This Agreement cannot be varied, amended, changed, waived, or discharged except by a written instrument signed by all Parties hereto. The Parties acknowledge that no promised, representations, inducements, agreements, or warranties, orally or otherwise that are not embodied in this Agreement have not been made by any party, or anyone acting on behalf of any party.
GOVERNING LAW: This Agreement will be construed, performed, and enforced in accordance with the laws of the State of California. The parties agree that any action in connection with this Agreement shall be brought and maintained in the State or Federal courts in Placer County, California, and the parties hereby consent and agree to the jurisdiction of such courts.
WAIVER OF JURY TRIAL: The Parties hereto knowingly, voluntarily and intentionally waive, to the extent permitted by applicable law, any right to a trial by jury of any dispute arising under or relating to this Agreement and agree that any such dispute shall be tried before a judge sitting without a jury.
I hereby acknowledge receipt of a fully completed copy of the License Agreement and the attached Terms and Conditions, and certify that I have read and agree with the terms hereof.
|Signature ___________________||Printed Name ____________________||Date _______________|