2020 Boat Slip Lease Agreement

    Owner details

    If your single slip is being co-leased by a homeowner who lives in a separate lot, please provide their details here:

    Boat details


    Section I

    1. This lease is made and entered into the First Day of April 2020 by and between the Fishing Creek Farm Homeowners Association, Inc. (hereinafter, the “Association”) and the above Lot owner(s) in good standing.
    2. The Association hereby leases to the Lot owner(s) and they hereby lease from the Association a Slip at the Fishing Creek Farm Waterfront Facility (the “Facility”) for a term of _12_ months from the above effective date.
    3. This lease shall be at the rental rate and be subject to all conditions and terms of payment described herein.
    4. The lease amount is based on the 2020 rate schedule. The lease is effective upon receipt of the full amount of the lease fee paid to Fishing Creek Farm Homeowners Association, Inc., within ten (10) days of receipt of this lease agreement. The Lot owner(s) also agree to pay all prior year operating expenses for their assigned slip in the FCF marina in an amount as established by the Association as further set forth in Section IV hereof.
      1. Section II

        The Lot owner(s) executing this lease is(are) subject to the rules, procedures, and regulations for the use, benefit, and enjoyment of the waterfront facilities of Fishing Creek Farm (the “Rules”) as adopted by the Board of Directors of the Association (the “Board”) as of May 1, 1995 as amended by the Board on April 24, 2000, February 15, 2001, February 7, 2006, February 2015, & July 2018 and to such future Rules as passed by the Association in accordance with its By-laws. The Lot owner(s) executing this lease are also subject to the Financing Rules for the Waterfront Facilities (the “Financing Rules”) as passed by the Association in accordance with its By-laws.

        The Rules or the Financing Rules as may be applicable shall govern any conflict and any dispute shall be resolved at the determination of the Board, which disposition shall be final and binding on all parties. The Association may delegate appropriate authority to a Waterfront Committee appointed by the Board.

        Section III

        This slip lease does not include the right of transfer or assignment. In the event that the Lot owner(s) desire to terminate this lease prior to the expiration of the term, they shall notify the Board. As set forth in the Rules, the slip to be occupied under this agreement shall be determined and assigned by the Waterfront Committee or the Board from time to time, and this agreement does not convey or establish the right to use a particular slip or space for any given period of time.

        Section IV

        All slip leases are subject to an annual charge which includes common operating, maintenance and replacement reserve expenses and usage as established by the Waterfront Committee to be paid within thirty (30) days of issuance of statements for such charges and for any special pier assessments as levied by the Board in accordance with the Association’s By-laws. Any payment not made to the Association within thirty (30) days of the mailing of such statements to the Lot owner(s) shall be subject to a ten percent (10%) late fee. Upon default by the Lot owner(s) of any of the terms and conditions hereof, including violation of the Rules, the Board at its option, by majority vote, may declare the Lot owner(s) to be in default. In that event, the Association shall have all the rights and remedies afforded by law and this lease to perfect and obtain its rights hereunder. In addition, in the event of such default, the Board shall have the right, at its option, to terminate this lease for cause.

        Section V

        A Lot owner(s) may voluntarily terminate this agreement. The Lot owner(s) is required to provide at least 90 days notice of the intention of the Lot owner(s) to voluntarily terminate this lease. Such notice shall be provided to the Committee in writing. Prorated refunds shall only be provided is the slip can be filled by a new Lot owner.

        Section VI

        With the exception of gross negligence, the parties hereto agree that neither the Association, nor any agent, servant or employee of the Association, shall be liable for any loss, damage, or personal injury to the person or property of the Lot owner(s) or the Lot owner(s) guests, resulting from use of the slip, including the loss of or damage to the boat moored at such slip, its inventory and equipment, whether such loss, damage or personal injury be occasioned by fire, theft, Act of God, or any other cause or condition. The Lot owner(s) hereby agree to indemnify and hold harmless the Association, its agents, servants and employees from or against any claim arising from maintenance, use and operation of the boat moored at the Facility, or within the Facility area or other use of the Facility by the Lot owner(s), their guests, agents, servants or employees. The Lot owner(s) hereby agree to assume full responsibility for personal injury and property damage arising out of the maintenance, use and operation of the boat moored at the Facility or occurring to the Lot owner(s) through the use of the Facility. The Lot owner(s) shall have and submit proof to the Waterfront Committee of liability insurance ($100,000 minimum) with respect to Lot owner’s(s’) responsibilities hereunder, and the lack thereof may be cause for termination of this Agreement. Subsequent proof of renewal shall be submitted to the Waterfront Committee within ten (10) days after such renewal.

        Section VII

        No alterations, attachments or structures of any type shall be placed on any slip or part of the pier without the written consent of the Waterfront Committee and then only at the Lot owner(s) risk and expense.

        Section VIII

        Permitting others to use any boat that occupies the slip space without written consent of the Lot owner(s) and without advising the Waterfront Committee is prohibited. The Lot owner(s) further agree to notify the Waterfront Committee of change in the ownership of the boat in writing immediately upon transfer of ownership.

        Section IX

        The Waterfront Committee shall notify the Lot owner(s) of any violations of the Rules in writing. The Lot owner(s) may request a hearing before the Waterfront Committee within fourteen days (14) of any request submitted in writing. Decisions of the Waterfront Committee can be appealed in writing to the Board within fifteen (15) days of the decision of the Waterfront Committee and must be heard within thirty (30) days. The findings of a majority vote of the Board will be binding and are subject to the provisions outlined in Sections I and IV above.

        *Note: From Section IV “…Any payment not made to the Association within thirty (30) days of the mailing of such statements to the Lot owner(s) shall be subject to a ten percent (10%) late fee.”

        Signatures

        * Your signature(s) confirms that you have read and agree* to abide by the remaining parts of this agreement found in Sections II through IX