BOAT SLIP RENTAL AGREEMENT by chenmeixiu

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									                            Spring Grove
                             Plantation
                                BOAT STORAGE FACILITY AGREEMENT

        Agreement is reached this ____ day of _____________, 20______ (“commencement date”) between
 ________________________________________ (“Lot Owner”), who owns property in Spring Grove
Plantation located at ______________________________________________________________, and the
Spring Grove Plantation Homeowner’s Association, Inc. (“Association”), a South Carolina nonprofit
corporation, for the use of a boat storage area (“Space”) in the Association’s boat storage facility (“Facility”).
Unless the terms of this agreement are amended as set out herein, the terms contained in this agreement and in
the Amended and Restated Declaration of Covenants, Conditions Restrictions, Easements, Charges and Liens
for Spring Grove Plantation (“the Declaration”) shall constitute the entire agreement between the two parties.
The address for notice for the Association shall be 4910 Trenholm Road, Suite C, Columbia, SC 29206 or such
other address as may be provided to Lot Owner by the Association.

As consideration for any and all rights of use provided to Lot Owner by the Association for Space No. ________
under this agreement, Lot Owner agrees to abide by the terms and conditions set out in this agreement and to
comply with any and all rules established or amended by the Association for the use of the Space or the Facility.
Lot Owner further agrees that all provisions of the Declaration shall apply. This agreement shall not create any
addition membership rights, voting rights or other such rights for Lot Owner other than those provided in the
Declaration.

BOAT INFORMATION. Boat Make/Type: ______________________________________ Year: ________

Boat Length Overall: _________. Boat Serial #: _________________ Motor Serial #: ____________________

Boat Registration Number (SCDNR or other): ____________________________________________

Boat Name: _______________________________________________________________

□ Proof of Registration (please attach)

□ Proof of Insurance (please attach)

BOAT TRAILER MAKE. Trailer Make/Type: ________________________________________

Approximate length of trailer overall: ________________.

1. TERM OF THE AGREEMENT. This agreement shall commence upon its commencement date and shall,
 unless terminated by the Association as set out herein, continue until the end of the calendar year in which it is
 executed (“Anniversary Date”). Beginning on ________________, 20____ the Lot Owner shall be provided
 access to the Space and Facility under the terms set out herein and subject to any Rules for the use of the Space
 and Facility established by the Association from time to time; as well as any applicable portions of the
 Declaration. Lot Owner’s use of the Space shall be provided at the pleasure of the Association and this
 agreement may be terminated by the Association at any time upon written notice to Lot Owner of termination.
 Upon receipt of written notice from the Association of termination, Lot Owner shall vacate the Space and the

Association: _______                                     1   ab95736e-2059-4af4-95d7-a8ca95f47077.doc

Lot Owner: _______
Facility within the period set out in such notice and in doing so, shall leave the Space and the Facility free and
clear of all debris and of any damage resulting from Lot Owner’s use of the Space or Facility.

2. USE. A Space shall be defined as an area designated by the Association, which shall be indicated by specific
 boundary markings on the fence surrounding the Facility and pins in the ground. NO ALTERATION OF THE
 LOCATIONS OF THE PINS OR THE MARKING ON THE FENCE MAY BE MADE BY THE LOT
 OWNER, WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE ASSOCIATION. Other than the
 rights of ingress and egress through designated portions of the Facility, the use rights granted to Lot Owner shall
 be only for the area set out as the specific Space assigned to Lot Owner and shall not apply to any other portion
 of the Facility.

As authorized by the Declaration, the Association is levying a Specific Assessment against the Lot Owner for
the use of the Space and the Facility. The amount presently levied for the 2009 assessment year for the use of a
Space or the Facility is $50. This Specific Assessment for the assessment year in which the Agreement is
executed shall be paid in full at the time of execution of this agreement. Any additional Specific Assessments
shall be due at the beginning of each assessment year or shall be due in accordance with the terms set out in
writing by the Association to all Lot Owners who are allowed use of a Space or in any assessment notice
provided by the Association to a Lot Owner. Lot Owner hereby agrees to pay all Assessments by their
respective due dates. There shall be no proration of the amount assessed for any assessment year, unless agreed
to in writing by the Association. Should the Association terminate this agreement for any reason, the
Association is not obligated to, but may at its own discretion, reimburse all or a portion of any Specific
Assessment paid by a Lot Owner. The Association may adjust the amount, due date and term of the Specific
Assessment for all Lot Owners at any time and from time to time, including during any assessment period, upon
written notice to all Lot Owners who are provided use rights for Spaces and the Facility. Lot Owner hereby
agrees that neither the execution of this agreement nor the payment of the Specific Assessment by Lot Owner
for the use of the Space or Facility shall in any way obligate or create a responsibility on the part of the
Association to provide security of any type for the Facility or its contents, to insure the watercraft or property of
any Lot Owner or of any other individual while such property is located within the Facility or to protect in any
way, any property located within the Facility. The Association may only increase the amount of the Specific
Assessment levied against all Lot Owners for use of the Space or Facility after providing all Lot Owner with
written notice of its decision to adjust the amount levied for the use of the Space or Facility. The Association
must provide Lot Owners with a minimum of fifteen (15) days after the posting of such notice in which to either
pay the adjusted amount or remove Lot Owner’s property from the Space and Facility. Should a Lot owner fail
to pay any Assessment by its due date; or, should Lot Owner fail to either pay the adjusted amount or remove
their watercraft and property from the Facility (while leaving the Facility in the condition required under this
agreement) after the required notice of a change in the amount of the assessment is provided by the Association
to all Lot Owners who are authorized to use a Space or the Facility and after the period required above expires,
the Association shall have the option to remove Lot owners watercraft and property from the Space and Facility
or levy the adjusted amount, both of which may occur without further notice to Lot Owner. Any Specific
Assessment levied by the Association for the use of the Space or Facility, any removal or storage cost for the
watercraft or property of a Lot Owner who’s agreement has been terminated and the cost of any repair to the
Space or the Facility performed by the Association to remedy damage or clean up of the Space or Facility that is
the responsibility of Lot Owner under this agreement shall, when levied or incurred by the Association, become
a part of the Specific Assessment of that Lot Owner and shall be secured by the lien on the lot of that Lot Owner
provided to the Association by the Declaration. Lot Owner agreed that Lot Owners shall have no recourse or
remedy for termination of this agreement by the Association.

A Space may only be used and occupied for the purpose of storing the watercraft described above, which must
unless approved otherwise by the Association in writing, be owned by Lot Owner. The Space may be used for
no other purpose or purposes than the storage of this watercraft and Lot Owner shall not keep anything within
the Facility, the Space or the watercraft (when stored in the Space of Facility) or use the Space for any purpose
Association: _______                                      2   ab95736e-2059-4af4-95d7-a8ca95f47077.doc

Lot Owner: _______
which: (a) creates any danger to the Facility, the watercraft or property of any Lot Owner or to any person who
is present in the Facility or (b) increases insurance premiums, deductible cost or coverage required to be carried
by the Association. Lot Owner shall not use the Space or Lot Owner’s watercraft for any illegal purpose or in
any manner that violates any applicable ordinance. In the event that Lot Owner should desire to store any
watercraft other than the watercraft referred to above, Lot Owner must first obtain the express written consent of
the Association.

The Association reserves the right to issue, eliminate and amend rules for the use of Spaces and the Facility
from time to time, and Lot Owner agrees to comply with all such rules, when established or as amended. Failure
of Lot Owner to comply with any such rules shall constitute a default under this agreement, which shall
immediately provide the Association with the right to immediately terminate this agreement and any use rights
contained within, as well as with any remedies set out in the Declaration for non-compliance.

Lot Owner may not in any way transfer the use rights for the Space indicated in the agreement to any other
party, including another Lot Owner. Should Lot Owner plan to remove the watercraft indicated above from the
Space for a period of more than the period set out in the Association’s rules, Lot Owner shall be required to
notify the Association of the vacancy and the Association shall have the option of taking no action, of providing
the use rights for this Space to another Lot Owner for the period that the Space will be vacant or of terminating
this agreement and assigning the use rights for the Space to another Lot Owner.

Though the Space initially assigned to the Lot Owner shall be the one indicated above, the Association expressly
reserves the right to assign Lot Owner a different Space from time to time as Association deems necessary or
desirable. Upon receipt of written notice from the Association to do so, Lot Owner shall immediately vacate the
Space that was assigned to them and move the watercraft and all other property placed in the Space by Lot
Owner to the new Space assigned to Lot Owner, leaving the original Space and the Facility free and clear of all
debris and damage resulting from Lot Owner’s use of the original Space and the move. The Association reserves
the right to enter the Space at any time and to temporarily use the Space at any time that the Space is not
occupied by Lot Owner’s watercraft.

All watercraft and any property stored in a Space shall be stored in a manner that is considered by the
Association to be proper. The determination of what constitutes proper storage and what constitutes a proper
storage container shall be solely that of the Association. Upon notice from the Association that Lot Owner has
improperly stored his or her watercraft or any other possession stored in the Space or at the Facility, Lot Owner
shall immediately meet any and all requirements for the storage of the watercraft or any other item that is
required by the Association in its notice. This provision shall not obligate the Association to regularly or
periodically inspect the Spaces or the Facility or to take any corrective action should improper storage occur.

Lot Owner must properly store oil, gasoline or other flammable liquids in an appropriate manner while in the
Facility and must dispose of any hazardous of flammable liquid or material in a proper manner, at some location
other than at the Space, in the Facility or in the Spring Grove Plantation community. The use rights of any Lot
Owner who improperly stores any hazardous or flammable material in the Space or at the Facility shall be
subject to immediate termination by the Association and the use rights of any Lot Owner who improperly
disposes of any hazardous of flammable material in the Space or at the Facility may be immediately terminated
by the Association.

3. NO BAILMENT, INDEMNITY, AND INSURANCE. This agreement is a storage agreement and the
 relationship of the parties shall not now or, unless amended so as to do so, hereafter constitute a lease or a
 bailment. Lot Owner assumes sole responsibility for the safety and condition of the watercraft stored in the
 Facility by Lot Owner and for any property or possession brought into or stored in the Facility by Lot Owner or
 his or her invitee, as well as for his or her actions while in the Facility and for the actions of all persons who
 enter the Facility as Lot Owner’s invitee or with the permission of Lot Owner. Lot Owner further assumes sole
Association: _______                                     3   ab95736e-2059-4af4-95d7-a8ca95f47077.doc

Lot Owner: _______
responsibility for any damage that might occur to the Facility due to the presence of Lot Owner, his or her
invitee, any person entering the Facility with the permission of Lot Owner or the watercraft and any property or
possession of any of these parties while located in the Facility.

The Association shall bear no responsibility for damage caused to the property of Lot Owner by other Lot
Owners who are provided with use of a Space by the Association. The Association shall have no duty to secure,
maintain, insure or otherwise protect the property of any Lot Owner, and the Association shall not be
responsible for any loss or damage to the watercraft or to any other property located in or stored at the Space or
in the Facility by Lot Owner. Lot Owner shall be liable for any property damage or personal injury occurring to
any person or property while at the Space or in the Facility, which is caused directly or indirectly by the conduct
of the Lot Owner or any person entering the Facility with the express or implied consent of the Lot Owner. Lot
Owner shall indemnify and hold harmless the Association for any loss, cost, claim, injury, damage or liability
sustained by the Association or any other party as a result of such conduct, including all reasonable attorneys’
fees and expenses incurred by the Association in defending against any such claim.

4. LIABILITY INSURANCE AND CASUALTY INSURANCE, RELEASE. LOT OWNER SHALL
 PROVIDE THE ASSOCIATION WITH WRITTEN PROOF OF LIABILITY INSURANCE ON THE
 WATERCRAFT TO BE STORED AT THE SPACE IN THE AMOUNT OF AT LEAST $50,000 and Lot
 Owner further agrees to obtain and to maintain casualty insurance to the extent Lot Owner deems necessary or
 desirable with respect to its watercraft and all other property of the Lot Owner located or stored at the facility.
 Lot Owner agrees that such insurance is for the benefit of Lot Owner, and Lot Owner therefore releases the
 Association and its Directors, Officers, agents and employees from any liability of any nature whatsoever with
 respect to damage to such property, including damage resulting from theft, fire, hail, water, wind, collision, ice,
 rain, hurricane, acts of God or any damage resulting from the actions of the Association or its Directors,
 Officers, agents and employees, excluding only damages caused by the intentional misconduct of the
 Association or its Directors, Officers, agents and employees. Lot Owner shall indemnify and hold the
 Association harmless with respect to any such released claims, including all reasonable attorneys’ fees and
 expenses incurred by the Association in defending against any such claim. Lot Owner is aware that the Facility
 is surrounded by a wooded Common Area and hereby releases the Association from any and all responsibility
 for damage to property in the Facility that is due to limbs or trees that fall from this surrounding Common Area.

5. AUTOMATIC RENEWAL. Unless written notice of termination is provided by either party to this
 agreement to the other prior to an Anniversary Date of the commencement of this agreement, all of the terms of
 this agreement shall automatically extend for periods of one year from that Anniversary Date. Unless
 determined otherwise by the Association, Specific Assessments shall be levied for any assessment year (January
 through December), subject to the terms for adjustment set out herein.

6. DEFAULT. In the event that Lot Owner shall fail to comply with any obligations contained in this agreement
 or should Lot Owner violate any of the covenants in this agreement or the rules for use of the Space or the
 Facility established or amended by the Association from time to time, the Association, at its discretion, may
 declare this agreement terminated by giving written notice of such termination to Lot Owner. Any default under
 this agreement or violation by Lot Owner shall be a violation of the Declaration. Upon receipt of written notice
 from the Association of a default, Lot Owner shall, if offered the opportunity to do so by the Association, either
 (a) while continuing to enjoy the use rights granted by the Association, remedy the default by the deadline
 indicated in the notice or (b) immediately remove the watercraft and all other property stored in the Space or the
 Facility from the Facility. Should the Association terminate this agreement due to a default on the part of Lot
 Owner and allow no period for remedy or, if an extension of time is provided in writing by the Association,
 should Lot Owner fail to cure any default by the deadline imposed by the Association’s notice, the rights of use
 provided to Lot Owner by the Association may be terminated by the Association. Upon notice of termination,
 the Lot Owner shall be required to immediately remove the watercraft and all other property stored in the Space
 or the Facility from the Facility. Failure by the Association to enforce one or more of the remedies provided to
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Lot Owner: _______
the Association in this agreement shall not be deemed or construed to constitute a waiver of such default,
violation or breach of any of the terms, provisions or covenants contained in this agreement. In addition to all of
the remedies available to the Association at law and in equity, the Association shall have all of the remedies set
out in the Declaration at its disposal to assure compliance. Should the Association incur any cost in the
enforcement of this agreement, including the hiring of an attorney, Lot Owner shall immediately reimburse the
Association for said cost, including the cost of collection from Lot Owner, all of which shall until paid become a
part of the Association’s lien upon the lot of the Lot Owner.

7. AMENDMENT. This agreement and the Declaration constitute the entire agreement of the parties, all prior
 and contemporaneous representations and agreements, both oral and written, being invalid. This agreement may
 not be modified except as set out herein, without the written agreement of both parties.

8. BENEFIT. This agreement shall inure to the benefit of the parties and their successors and assigns, provided
 that Lot Owner may not assign this agreement, sublet the Space or otherwise let any other party use the Space
 without the prior written consent of the Association in its sole discretion.

9. INITIAL RULES FOR THE USE OF A SPACE OR THE FACILITY. Lot Owner agrees to comply with
 the following rules and any additional rules regarding the use of the Space or the Facility that may be
 established by the Association, as either may be amended:

     A. At all times while they are at the Facility, children under the age of sixteen (16) years must be
     accompanied and supervised by an adult.

     B. Other that an authorized representative of the Association, its Director, Officer or other authorized
     representative; and then only in the case of an emergency; while enforcing the terms of this agreement or
     while inspecting or securing the Facility, the watercraft or other property stored in the Space; no individual
     shall be allowed within Lot Owner’s watercraft while it is stored in the Space without the permission of Lot
     Owner.

     C. No running, ball playing, horseplay, noise or hazardous activity shall be allowed at the Facility.

     D. Alcoholic beverages shall not be allowed or consumed in the Facility, with the exception of closed
     containers that are located in a vehicle or in the watercraft for transport.

     E. Lot Owner shall at all times keep his or her Space in a clean condition, free of trash and debris.

     F. Lot Owner shall not store property outside of the watercraft in the Space, unless such property is
     deemed to be stored in an appropriate manner by the Association through its written consent or the
     establishment of a rule to that effect. Upon receipt of notice from the Association to remove any such
     property, Lot Owner agrees to remove such property within the period set out by the notice.

     G. Lot Owners who’s Spaces shall remain vacant for a period of 30 consecutive days shall in each instance
     notify the Association of this occurrence prior to the occurrence.


        IN WITNESS WHEREOF, the parties hereto executed this Agreement the date first above-written.

Lot Owner: ______________________________                    SPRING GROVE PLANTATION HOA
                (Signature)
                                                             By:
            ______________________________                   Its:
Association: _______                                     5      ab95736e-2059-4af4-95d7-a8ca95f47077.doc

Lot Owner: _______
               (Print Name)




LOT OWNER INFORMATION:


Lot Owner’s:
Home Telephone Number (____)_________________ Mobile Number (_____) _________________
Business Telephone No: (_____)
Business Address: _______________________________________________________________
City: _______________________________ State: _________________ Zip: _____________


Who to Notify in Case of an Emergency: (Association has no obligation to do so)
Name: _____________________________________________ Phone: __________________________
Home Address: ____________________________________________________________________
City: _______________________________ State: _________________ Zip: _____________
Home Telephone No: (_____)                     Business Telephone No: (_____)
Insurance Company:_______________________________________________
Policy Number: ____________________________ Agent’s Telephone Number ____________________
Agency: _________________________________ Agent’s Name: ___________________________________
Agency Address: ____________________________________________________________________
Coverage Limits: Casualty: ________________________ _________________________________
Liability: __________________________________________________________________________________




Association: _______                                 6   ab95736e-2059-4af4-95d7-a8ca95f47077.doc

Lot Owner: _______

								
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