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Tuesday, September 07 2010 @ 12:22 PM MDT

Rules and Regulations

WINTER STORAGE CONTRACT

Season: November 1st to May 15th

SUMMER DOCKAGE CONTRACT

Season: May 15th to October 31st

I/we have read the Summer Dockage and Winter Storage contract as well as the Rules and Regulations of RIverbend Marina, and agree to abide by the Contract(s) and Rules and Regulations. Failure to comply with these as well as the terms of this contract, will mean forfeiture of dockage and storage with no refund of fees paid.

As part consideration of this contract and as an undertaking thereof, the undersigned owner(s) agree for themselves, their heirs, executors, administrators, successors and assigns, from any and all actions or causes of actions whatsoever arising, claimed to arise, or in any way related to or growing out of any services, acts, or omissions of Riverbend Marina, its owners, agents, or employees, or in any way arising out of the use of the Riverbend Marina premises or dock, and whether such claim is made by the owners, their family, guests, invitees or licensees, Riverbend Marina makes no warranties or representation as to the premises or the control of behavior of any users thereof, and the above assignment of identification is made accepting the condition of the premises as it may be at any time and with awareness of the fact that there are Rules and Regulations designed for the convenience of the owners, but which RIverbend Marina shall not be required to enforce.

CONDITIONS OF CONTRACT

1. The Lessor agrees to haul out of the water, pressure wash the bottom and place boat on land controlled by the Lessor and to store same until May 15th of the following year and thereupon launch said boat.
2. The Lessor shall be responsible to the Lessee for the safe and careful handling of said boat during the haul-out, transport and spring launching of same, but shall not be responsible to Lessee for any loss or damage to said boat or its contents, engines, etc., resulting from flood, wind, storm, theft, malicious damage or vandalism. The Lessee hereby agrees to carry his own insurance to protect his boat and property against all perils.
3. The Lessee agrees to have said boat prepared and ready for launching on or before May 15th of the year following the date of this contract. In the event said boat is not in readiness to permit its being launched on that date, the Lessee will reimburse the Lessor any extra expense incurred for moving, storage, or labor, payable in advance of the launching.
4. The parties agree that the Lessor shall have a lien on said boat, shall have the right to refuse to launch said boat, and shall have the right to refuse to permit it to be removed from the property until the Lessee has performed all terms of this agreement in full. The Lessor cannot be held responsible for work not performed unless a signed Repair Order is submitted to this office. All Repair Orders to be paid in full before boat is delivered to Lessee.
5. The Lessee agrees to keep area around his boat clean at all times or it will be done by the Lessor and billed to the Lessee.
6. Boats to be scheduled and removed from the water by November 1st, otherwise an additional bad weather charge of $50.00 a day will be instituted. Water lines and electrical service to be turned off and docks to be pulled no later than November 15th each year.
7. No heaters or lights of any nature permitted in boats during the storage season. A cradle storage and handling charge will be made if boat is not stored with Lessor the following year.
8. The Lessor may terminate the contract if, through any act of God, civil action or other event beyond the control of the Lessor which shall prevent furnishing satisfactory dockage or storage facilities.
9. Absolutely no fueling at dock.
10. Lessee may bring his boat to assigned dock at anytime after May 15th providing his storage, dockage and all other bills have been paid to date. Lessee agrees that boat will not be moved until all bills are paid in full. Should any required charges or balances not be paid in full by May 15th of each year this entire contract will be void and any payments will be forfeited. If any contracts are canceled by either party, for any reason whatsoever, there shall be the right of the Lessor to enter into a new contract with the next waiting applicant, without notification or refund, unless it is desired by the Lessor to do otherwise.
11. Lessee agrees to notify the Management when any change in ownership of the above boat occurs.
12. Lessee agrees to notify the Management before the February 1st payment to qualify for any possible refund.
13. Granted refunds are subject to a $200.00 refund charge. After February 1st there are no refunds and the dock is rented to the next waiting applicant (not necessarily your purchaser). Your payments are not credited to their contract.
14. This contract is between the Management and Lessee for the above boat only. Should Lessee sell this boat, it is understood that there is no guarantee of dockage for said boat or its new owner; and it must be removed from the premises unless other arrangements have been made with the Management prior to sale. The dock is not transferable to the new owner. Should Lessee trade boats, Lessee must enter in a new contract to cover the new boat. It is further understood that there shall be no “For Sale” signs posted on boats or on premises, and Lessee shall not sublet premises leased.
15. Lessee agrees that all of the Rules and Regulations are to be observed and any infractions will cause offenders to lose their dock and/or storage.
16. Lessee agrees that on all Package Contracts, October payment will be paid before the boat is put into storage.
17. There is a $25.00 service charge for returned checks.


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