SLIP LEASE AGREEMENT This Slip Lease Agreement, “Agreement”, is made by and between Rocky River Bridge Docks, LLC, an Ohio Limited Liability Corporation, d/b/a Rocky River Marina with principal offices at 551 Morewood Parkway, Rocky River, OH, 44116, “Lessor” herein, and, Name _________________________________________________ Address _________________________________________________ City, ST Zip _________________________________________________, “Lessee”, for a slip in the Rocky River Marina, “Marina” herein, for the ________ Boating Season. VESSEL IDENTIFICATION: “Boat” herein Boat Name: _______________________________ State Registration /Federal Documentation No. _________________________, Type: SAIL ________________ Manufacturer: ___________________________ Model: ___________________________ POWER ______________ OTHER ______________ Length*: _______________ Beam*: ______________ Draft: _______________ Disp.: _______________ Maximum dimensions including overhangs, platforms and other extensions and/or equipment.. Lessor and Lessee, in consideration of the above recitals and the mutual consideration provided herein, agree as follows: RENT. Lessor rents to Lessee and Lessee rents from Lessor a boat slip in the Rocky River Marina for the ____________ Boating Season. Lessee shall pay Lessor the sum of ____________ as rent for the Season. Unless expressly stated otherwise in writing by Lessor, the Boating Season shall be from May 1st through October 31st of the calendar year stated above. Rent is due in full as follows: ___one third_________________ at time of entering into this Lease ___balance_________________on or before May 1st of the Boating Season. Lessee shall not bring Boat and/or boating equipment onto Marina premises until all Rent and other fees are paid. Failure to pay all rent by May 15th puts Lessee in default of this lease and Lessor may terminate the Lease without refund due to time, expense and risks in finding a replacement lessee. SLIP. Lessor may assign Lessee to a specific slip and Lessee shall only dock in that slip. In any event, Lessor may change the slip assignment as needed to best accommodate needs of other boats and the Marina. NO SUBLETTING. The Lessee may not sublet the Slip. This Agreement is not transferable to another vessel and/or to another lessee without the Lessor’s written consent. Additional charges may apply. Lessor may allow another boat to temporarily occupy the Slip when the Boat is away. CONDITION AND USE OF THE PREMISES. Lessor makes no representation or warranty of the condition of the docks, slips and/or Marina facilities, or fitness for any particular use or purpose. This is a lease for slip space only. Lessee rents the slip and uses the Marina in an “as is” condition and Lessee assumes the risks associated with boats, boating, docks, docking, river conditions, and all other conditions/activities that may exist/occur at the Marina. Lessee agrees to use the docks and Marina premises only for reasonable and customary uses associated with boating. Lessee shall tie boat up in a seamanlike manner. Lessee may not make any structural changes to the slip, docks or other Marina property without express written permission from Lessor. Lessee shall not permit any unnecessary wear and tear, disturbance, nuisance, or garbage to, on or around the docks or Marina premises. No commercial activity shall be conducted at the marina by Lessee; nor shall Lessee affix anything to the highway bridge or its supports. ELECTRIC POWER AND WATER. Lessor plans, but is not obligated, to provide electric power and water to the docks and slips. If supplied, continuity of electric power and water service is not guaranteed by Lessor. Lessee’s running shore powered air conditioning on the Boat while Lessee is not present, shall be subject to an additional assessment of $50.00 per month. VESSEL REGISTERED AND IN GOOD CONDITION. Lessee warrants that the Boat is properly registered with state and/or federal requirements and is in good and seaworthy condition. Failure of Lessee to maintain the Boat in good and seaworthy condition shall be a breach of this Agreement and cause for termination. WATER LEVEL AND QUALITY. Lessor makes no representation or guarantee concerning the Marina’s water level, depth, quality or river current. Swimming is not permitted in the Marina. EMERGENCY SALVAGE. In the event Lessee’s Boat is observed to be in danger from sinking, fire, or other hazard, and/or causing or threatening to cause damage to Marina property or other boats in the Marina, Lessee grants Lessor the right, but not the obligation, to take whatever measures Lessor deems appropriate, including salvage or attempted salvage, and Lessee shall reimburse Lessor for all expenses incurred in taking such measures. Lessor shall not claim salvage rights for other than expenses incurred in good faith for measures to rescue Boat and/or minimize damages pursuant to this provision. INSURANCE. Unless otherwise approved by Lessor in writing, Lessee shall obtain and maintain the following types of insurance coverage for the term of this Agreement: all risk coverage for repair or replacement of Boat and boating equipment (collision and comprehensive type); general liability insurance with a combined single limit coverage of not less than $50,000.00 per occurrence. Such insurance shall name Lessor as an additional insured and will provide not less than twenty (20) days written notice to Lessor prior to cancellation or decrease in coverage. A copy of policy declarations or certificate of insurance shall be provided to Lessor upon demand. RISK RELEASE AND INDEMNITY. Lessee is aware of, appreciates and accepts the risks associated with boats, boating, docks, docking, river hazards and marina conditions and activities. Lessee releases and agrees to defend, indemnify and hold harmless the Lessor from and against all claims, liabilities, damages, or judgments arising from any loss, injury or damage to persons or property, including death, which are the result, in whole or in part, of negligence by Lessee, his agents, employees, contractors, guests and invitees, except where Lessor’s negligence is the sole and proximate cause of such injury, death or damage. LESSOR NOT LIABLE FOR FIRE, THEFT, OR OTHER LOSS. Lessor shall not be responsible for fire, theft, vandalism and other casualty to Lessee’s Boat and equipment while in the Marina. TERMINATION. In the event Lessee breaches this Agreement, including violating Marina rules and regulations, Lessor may terminate this Agreement by giving Lessee written Notice of Termination with demand to remove Boat and all equipment from the Marina within five (5) days. Lessor may charge holdover rent and exercise Lessor’s lien rights upon termination. All rents shall be deemed earned and not refunded under any circumstances. Lessee’s obligation for rent, holdover rent and other fees and charges shall survive the termination of this Agreement. HOLDOVER. Should Lessee fail to timely remove Boat from the Marina upon demand at the end of the Boating Season or earlier termination, Lessee shall pay daily holdover rent of TEN DOLLARS ($10.00) per day for the first ten (10) days after demand, and the rate of TWENTY DOLLARS ($20.00) per day thereafter, until removed. Lessor shall have the right, but not the obligation, to have Lessee’s Boat removed to a third party dock or storage facility, and the holdover rent, removal costs and storage fees shall be a lien on the Boat. CREATION OF LIEN. Except as otherwise provided herein, Lessee grants to Lessor lien rights against the Boat and all equipment on the Boat for all sums due the Lessor from Lessee for Rent, fees, charges, Boat repairs, salvage, attempted salvage, labor, maintenance, fuel, and/or other costs or expenses allowed under this Lease, which lien may be enforced by Lessor according to the laws of the State of Ohio, as well as pursuant to the maritime laws and customs of the United State of America. NOTICE. Any notice given under this Agreement shall be given by leaving a copy on the Boat (if to Lessee) or by mailing a copy to the other party via certified mail at the above address. Notice shall be effective two (2) days after leaving the notice on the Boat or mailing, Sundays excluded. VENUE/GOVERNING LAW. This Agreement shall be construed and interpreted under the laws of the State of Ohio. In the event a party desires to initiate litigation to enforce rights or obligations under this Agreement, venue shall be any court of competent jurisdiction in Cuyahoga County, Ohio. RULES AND REGULATIONS. Lessor shall obey Marina rules and regulations as may be adopted from time to time. Lessor may change the rules and regulations by posting a copy in a visible location at the Marina. Such rules and regulations, as may be amended, are incorporated herein by reference. WAIVER/SEVERABILITY/INTERPRETATION. Except where written permission has been granted, Lessor’s tolerance of any act or condition deemed contrary to the provisions of this Agreement shall not be a waiver of such provision. Written permission shall only apply during/for the Boating Season in which it is granted. Waiver of one provision of this Agreement by Lessor shall not be deemed a waiver of any other provision of this Agreement. Should any provision of this agreement or any Rule or Regulation be found unenforceable, all remaining parts of this Agreement or rules or regulations shall remain in effect. The rule of contract interpretation that an ambiguous provision of a document be interpreted against the drafter thereof, shall not apply in the interpretation/enforcement of this Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior agreements and understandings between and among the parties regarding the subject of this Agreement. Intending to be legally bound, the parties to this Agreement willingly accept it’s terms and conditions by executing it below, as of the __________ day of ___________________, 20_____. LESSEE: LESSOR: I certify I have read this agreement, agree to its terms Rocky River Bridge Docks LLC, d/b/a Rocky River Marina and sign it voluntarily. ______________________________________ By: _________________________________ Title: ________________________________ EMERGENCY CONTACT: In the event of emergency at the Docks and Marina, the following phone numbers are provided to contact Lessee: HOME: _______________________________ WORK: ______________________________ CELL: _________________________________ Spouse or Friend: _____________________________________ ____________________________ _________________________________ Name Address Phone ROCKY RIVER MARINA Rules and regulations No drugs, narcotics or other illicit substances are permitted on marina premises. No lessee or guest shall operate a boat or vehicle within the Marina while under the influence of alcohol or drugs. Children under 16 years shall be accompanied and supervised by an adult while on Marina premises and shall wear a Coast Guard approved flotation device while on boats, docks, piers or boardwalk in the Marina. All fuel brought onto Marina premises shall be in approved containers. No smoking near or while working with fuel or other flammable materials. No open fires on boats, docks, piers or Marina premises, except in the picnic area in a grill or fire pit designed for open flame. All dock lines and power cords shall be tied off, run under walkways and otherwise fixed to prevent tripping hazards. Electric power cords shall be designed and approved for marine use and shall not be run or hung so they droop into the water. No tires shall be used as bumpers or fenders. Carpet shall not be laid on or attached to wooden dock structure or walkways. Boats, slips, docks, piers and Marina premises shall be kept neat and orderly. Common areas shall be cleaned up after use. All trash shall be placed in designated receptacle(s) or removed from the Marina. No cleaning of fish on Marina premises and no disposal of fish/fish parts at Marina. No polluting the river, whether by trash, oil, sewage or other deleterious material. No swimming in the Marina. No jumping into the water from the boardwalk, piers, docks or boats. No running on docks, piers, ramps, boardwalk or steps. No tampering with boats, docks or Marina facilities. Chairs, tables and other items shall not be removed from the picnic area. All pets or other animals brought onto Marina premises shall be on a leash or similarly restrained from roaming at large. Lessees / guests shall clean up after their pets. Lessee and their guests shall not prop open door(s) to the Bridge Building open to avoid security locks. Lessee and their guests shall park vehicles only in designated parking spaces. No foul language, music or other noise that disturbs other occupants of the Marina. Quiet time shall be observed after 10:00 pm. No shooting of fireworks on Marina premises. Lessor shall be advised of a boat’s planned absence of more than three days.
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