CONKLING MARINA RESORT
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Vessel Mooring License Agreement
License agreement, made this
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Todays Date ( Month, Date, Year)
, between Kirkpatricks’ Conkling Marina, a limited liability company organized under the laws of the state of Idaho, having its principal office at 20 West Jerry Lane, Worley, Idaho 83876 (“marina”), and
[name of member]
A. Marina is in the business of operating a private marina known as Kirkpatricks’ Conkling Marina, located in Worley, Idaho, at which marina maintains moorage and storage facilities for privately-owned pleasure boats and yachts.
B. Member desires to procure space for the moorage of a boat or vessel, described below (the “vessel”).
In consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows:
Member agrees to give marina written notice of any change in the insurance, including amounts or terms of coverage, insurance carrier, insurance agent, or insurance policy number, within 7 days after the occurrence of any such change. Also, Member shall not sublet or assign the space.
Member agrees to give marina written notice of any changes in address and phone numbers within 7 days after the occurrence of any such change.
LICENSE TO USE SPACE; FEES
Marina grants member a nonexclusive license to use a mooring space or storage space (the “space”) at marina’s docks for the mooring of member’s vessel, and none other. This right to use is only a license and is not a lease of property, and it is terminable at any time by marina. This license does not create a bailment, and marina has no duties of care with respect to the vessel. Use of a mooring space is solely and completely at the risk of member. This license is for the use of a single mooring space assigned by marina, which assignment may be changed by marina at any time and from time to time. This license is personal to member, and member may not assign this license or any rights to any other person or entity.
As consideration for use of the space, subject to marina’s right to increase the rates charged for use of the space at any time and from time to time on written notice to member, member agrees to pay to marina pursuant to the attached Exhibit “A” per season payable in advance on or before the first day of season at the office of marina. In addition, member agrees to pay and discharge any and all excise or other taxes that may be excised or levied by any governmental agency in connection with the use of the space.
Member will provide notification in advance when the space will be vacant and the dates of vacancy; provided that marina finds an alternate use for the space during all or a portion of the time the space is vacant, marina agrees to credit to member’s account a prorated percentage of the seasonal fee for any use of the space by marina during the period when the space is used by another. Marina has no obligation to attempt to make any alternate use of the space during the term of this agreement.
COVENANTS BY MEMBER
Member agrees that:
A. Commercial Activity Prohibited. At all times that the vessel is or may be in the space pursuant to this agreement, it shall be used solely for pleasure and shall not be used in any commercial activity or undertaking, unless written authorization is obtained from marina. If marina is asked to give a written authorization to member for any such commercial use or activity, member shall first supply marina with a prior written request and certificate, and marina shall have the sole discretion to grant or deny any such request in whole or in part and whether the exercise of such discretion is considered reasonable or not.
B. Member’s Property. Member will not store or leave and will not permit the storage or leaving of any gear, equipment, dinghies, materials, or property of any nature on floats, landings, or other premises of marina, other than the moorage or storage of the vessel in the space.
C. Compliance with rules and regulations. Member will comply with all applicable rules, regulations, and instructions of the United States Coast Guard, the CDA Tribe, the local harbor authorities, marina, including posted regulations, or the dock master or other officials or representatives of marina, and will maintain the vessel in proper and safe conditions while it is in the space, or otherwise about the premises of marina.
D. Berthing Gear. Marina and its officers, agents, and employees shall not be obligated to furnish or be responsible for tie ropes, bumpers, fenders, or other gear used in berthing the vessel, and this equipment shall be the sole responsibility of member.
E. Moving Vessel in Emergency. In the event of an emergency, marina, in its discretion, may move the vessel from the space to any other place, and neither marina, nor its parent corporation, nor any of their officers, directors, agents, or employees shall have any liability to member or to any other person for any loss or damage resulting from any such movement of the vessel or from any failure to so move the vessel, whether occurring by negligence or otherwise, and member waives any rights against marina, its parent corporation, and their officers, directors, agents, and employees by reason of such emergency.
F. Maintenance of Vessel. Member agrees not to have any heavy work done to the vessel in the space and to move the vessel to a boatyard for heavy work and repairs. Minor maintenance involving use of paints or light sanding, and the like, must remain (or be contained) aboard the vessel. Any accidental spill of any chemical or toxic substance must be reported immediately and will be member’s responsibility. Prior approval is needed from the dock master for any maintenance to be done to the vessel in the space. All vessels must be able to m0ove under their own power. The Marina reserves the right to move or reposition any vessel in Marina.
G. Securing Vessel. At all times during which the vessel is berthed at the mooring, member shall cause it to be safely and properly secured to its mooring in a manner acceptable to marina. If marina deems it necessary to resecure the vessel for any reason, vessel owner agrees to pay marina a reasonable service charge for doing so plus the cost of all materials used. However, marina has no responsibility for the safety of the vessel and will not be liable for fire, theft, or any damage to the vessel, its equipment, or any property in or on the vessel by reason of marina’s decision either to resecure the vessel or to not resecure it.
H. Guests. Member agrees that all guests and hired personnel will conform their activities to the requirements of this agreement, and member agrees to be liable for, and to indemnify and hold marina harmless from, any damages or injury caused by any such guest or hired personnel while in the marina. Marina reserves the right to regulate the entry into the marina by yacht brokers and yacht service personnel. Marina may ascertain that third parties aboard the vessel are authorized by member to be aboard.
I. Change of Mooring. Marina reserves the right to move or require member to move the vessel from the mooring to another mooring within the marina at any time for any reason whatsoever, and member grants marina permission to board the vessel for such purpose. Neither marina nor any of its officers, directors, agents, or employees shall have any liability to member or to any other person for any loss or damage resulting from any such movement of the vessel or from any failure to move the vessel, whether occurring by negligence or otherwise, and member waives any rights against marina, its parent corporation, and their respective officers, directors, agents, and employees by reason of such movement.
J. Community Guidelines/Rules/Regulations. Member agrees to use the mooring and marina in accordance with marina’s Guidelines/ Rules and Regulations. Marina reserves the right to modify its guidelines rules and regulations from time to time. Member further agrees not to violate any law, ordinance, rule, or regulation of any governmental authority with respect to the mooring or marina.
K. Pump-Out Services. At all times during which the vessel is berthed at the mooring and should take on water, if marina deems it necessary to pump-out water for any reason, vessel owner agrees to pay marina a reasonable service charge for doing so plus the cost of all materials used. Neither marina nor its parent corporation, nor their respective officers, directors, agents, or employees shall have any liability to member or to any other person for any loss or damage resulting from boarding the vessel or for pump-out services or from any failure to board and pump-out, whether occurring by negligence or otherwise, and member waives any rights against marina and its parent corporation, and their respective officers, directors, agents, and employees by reason of such activity.
L. Safeguard your own vessel. Owners must safeguard their own vessels in the event of threatening weather both summer, winter and moorage and storage. Owner is responsible for snow removal. The Owner agrees that the Marina will not be responsible for the loss of damage to the vessel, losses or injuries to any person by reason of weather, accident of act of God.
I. Use of Space at Member’s Risk:
1. Member agrees that use of the space is at the sole risk of member. Member represents that he or she has made an inspection of the space and other spaces, slips, floats, docks, mooring, walks, gangways, ramps, marina facilities, equipment, roofs, building, premises, and other property of marina or under the control of marina, and that all of such items are in satisfactory condition and not defective. Member agrees to notify marina in writing of any defect or unsafe condition observed by member after the date of this agreement. Member agrees that marina has made no warranties or representations, and that there are no warranties or representations either express or implied, regarding the present or future condition, nature, suitability, or fitness of the space or any other spaces, slips, floats, docks, mooring, walks, gangways, ramps, marina facilities, equipment, roads, buildings, premises, and other property of marina or under control of marina. Member assumes all risk of injury, death, damage, or injury to property, to member and member’s family, guests, invitees, and employees, and their property, however caused, and whether occurring on the vessel or by or on property belonging to marina or under control of marina, whether any such injury, death, damage, or injury to property is alleged to have arisen in whole or in part from the primary or secondary, or active or passive, negligence of marina or its officers, directors, agents, or employees, or by reason of any condition of property belonging to marina or under marina’s control.
2. Member agrees to supervise and be responsible for the actions, inaction, fault, and negligence of member’s family, guests, invitees, and employees.
INSURANCE / REGISTRATION
Vessel owner agrees to secure and maintain during the term of this agreement a policy of complete marine insurance including protection and indemnity liability with limits of not less than $500,000.00 per occurrence, naming marina, its parent corporation, their officers, directors, employees, and agents as additional named insureds, with waiver of subrogation with respect to marina. Vessel owner is required to carry hull insurance on the vessel, the amount to be determined by vessel owner.
The Owner understands and agrees that the Marina carries no insurance coverage for risk or loss to said vessels or equipment, nor any insurance for the benefit of Owner, whatsoever.
All vessels in the Marina are to be clearly marked with a current registration ID number as required by law. Additionally, all vessels must have a current Marina sticker, showing full payment.
Member agrees to reimburse marina for any and all costs and expenses (including attorneys’ fees) incurred by marina in connection with enforcing any of the rights of marina pursuant to this agreement. In addition to other obligations, member agrees to pay to marina the cost of any work necessary to repair or replace any damage to the mooring, the marina, or marina facilities caused by the vessel, member, or member’s guests, or invitees, including cleanup and loss of use and profits.
A. By Either Party. This agreement may be terminated at any time by either party on not less than 7 days written notice.
B. On Transfer of Vessel Ownership. This agreement, at the sole option of marina, shall automatically and immediately terminate at such time as member sells, leases, or otherwise transfers any or all of its interest in the vessel to any other party, whether or not such transfer is voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in bankruptcy, or otherwise.
C. Member’s Breach of Agreement. If member fails to perform any of the terms, conditions, and promises as set forth in this agreement, marina, at its option, and without waiving any other remedies it may have, may immediately terminate this agreement on written notice to member.
D. Removal of Vessel on Termination. On termination of this agreement, member shall immediately remove the vessel from the mooring and shall remove all other of his or her personal property, if any, from the marina. Should marina deem it necessary to move vessel and personal property, it will be at member’s expense. If member fails to remove the vessel within 14 days after termination of this agreement, member agrees that marina may (but is not required to) cause the vessel to be removed (together with all personal property located on or about vessel) to a mooring or dry dock location of marina’s choice, and member shall pay or reimburse to marina all costs incurred or charged by marina and any third party by reason of such removal. Member agrees that marina, its parent corporation, and their officers, directors, agents, and employees shall have no liability to member or to any other person for any loss or damage resulting from any such removal of vessel or failure to remove such vessel, whether occurring by negligence or otherwise, and member waives any rights against all such persons and entities by reason of such removal.
E. If No Longer a Member of Marina. If member ceases to be a member of marina or fails to perform any of the terms, covenants, or conditions to be performed by member, marina, in addition to and without waiving any remedies it may have, may immediately terminate this agreement.
F. Alteration of Facilities. If marina shall decide to alter, remodel, repair, refurbish, or reconstruct (alteration) any part of its moorage or storage facilities and, in the sole judgment of marina, the continued occupancy of the space by the vessel pursuant to this agreement will in any way interfere with any such proposed alteration, marina may terminate this agreement by giving written notice to member, which notice shall specify the effective date of such termination.
G. Transfer of Ownership of Premises. If marina shall sell or otherwise dispose of all or a substantial part of its premises, marina may terminate this agreement by giving written notice to member, which notice shall specify the effective date of such termination.
H. Damage to or Destruction of Moorage Space. This agreement shall automatically terminate on substantial damage to or destruction of the moorage space.
I. Discharge of Pollutants. This agreement shall automatically terminate if member discharges, or causes or suffers to be discharged, any trash, litter, sewage, or other form of pollutant from member’s vessel into the waters in or adjacent to marina’s moorage facilities.
LIMITATION OF LIABILITY—INJURY, LOSS, OR DAMAGE
Member agrees that marina, its parent corporation, their respective directors, officers, employees, and agents shall not be liable for any injury, including death, to member or to any person caused by or related to the mooring or the marina or arising from any accident or fire or casualty on the same or from any other cause whatsoever, including negligence; nor shall marina, its parent corporation, and their respective directors, officers, employees, and agents be liable for any loss of or damage to any property belonging to member, or to member’s guests and invitees, located in the mooring or other facilities under the control of marina, caused by or related to the mooring or the marina or arising from any accident or fire or casualty on the same or from any other cause whatsoever, including negligence.
LIMITATION OF LIABILITY—OTHER LIMITATIONS
Member agrees that marina shall not be liable for, and this agreement shall not be terminated by, any interruption or interference with accommodations due vessel or owner caused by strike, riot, orders, or acts of public authorities, acts of other vessel owners, accident, the making of necessary repairs to the marina’s marina, or any other cause beyond marina’s reasonable control, including economic hardship.
Member agrees to defend, indemnify, and hold harmless marina, its parent corporation, and their officers, directors, agents, and employees free and harmless from any and all loss, liability, injury, or damage (including attorneys’ fees and costs to investigate and defend):
A. arising out of or caused by a breach or default by member of any of the member’s obligations under this agreement;
B. arising out of or caused by or related to any action, inaction, fault, or negligence by member or member’s guests or invitees;
C. arising out of or caused by or related to the exercise of any rights under this agreement by marina, or its officers, directors, agents, or employees, including but not limited to rights under SECTION FOUR, paragraphs E, G, I, and K, and SECTION SEVEN, paragraph D; or
D. any risk Member has assumed under SECTION FOUR, paragraph L.
In any of such cases, whether such loss, liability, injury, or damage is suffered or incurred as an obligation to owner, owner’s guests or invitees, or to their property, or to the persons or property of third parties including other marina members, vessels, guests, and agents, or employees of marina, and whether the liability, loss, damage, or injury arises in whole or in part from the primary or secondary, or active or passive, negligence of the parties or persons to be indemnified under this agreement.
By execution of this agreement, member acknowledges that pursuant to Title 49, Chapter 17 of the Idaho Code and by the terms of this agreement, marina shall have a lien on the vessel for money that may become due under this agreement.
The exercise or failure to exercise, or delay or forebearance in exercising any remedy for any breach of this agreement shall not be deemed as a waiver of marina’s rights unless set forth in writing.
If either marina or member shall bring any action in connection with this agreement, the party prevailing shall be entitled to recover as part of such action reasonable attorneys’ fees and court costs.
Any and all of marina’s rights and remedies, provided for in this agreement, or provided for in law or equity, shall be cumulative and not limited, and the exercise of a right or remedy by marina shall not constitute a waiver by, or estoppel against, marina exercising any other right or remedy on a cumulative basis.
NOTICES, DEMANDS, AND REQUESTS
All notices, demands, and requests that may be or are required to be given pursuant to the provisions of this agreement may be delivered in person, or sent by United States first class mail, postage prepaid, and certified or registered, as follows:
A. If to marina, to the authorized manager of the marina at its designated address or to such other persons or to such other address as marina may later designate by written notice.
B. If to member, at the residence or business addresses set forth in this agreement or to such other address as member may subsequently designate by written notice.
SECTION SIXTEEN. COMMUNITY GUIDELINES.
All community facilities are provided by Lessor for the use and enjoyment of family, guests or invitees and must abide by all Community Guidelines and Rules. .Lessee acknowledges receipt of a copy of such Community guidelines and rules as of the date hereof. The Vessel Mooring Agreement and any amendments thereto are incorporated herein any reference and made a part hereof for all purposes. Lessee agrees that Lessor shall have the right to modify, amend, change or replace such guidelines/ rules/ agreement and at such time or times as Lessor may desire. Any breach or violation of such guidelines/rules/agreement expressly declared to be a breach of this Agreement.
No year round live aboard allowed. Any seasonal live aboard must report to management.
The Marina is a dog friendly facility. Dogs must be on a leash at all times and waste must be disposed of properly. No dogs are allowed on the beach. If we get a complaint of your dog barking, we will ask that other arrangements be made. Dogs must be with owner at all times. Do not leave alone. Owner will assume all financial costs caused by dog fighting, bites and or destroying property.
The owner and quests must abide by all Marina guidelines/rules/agreements. Noise shall be kept to a minimum at all times.
Quiet hours are from 10pm to 7am
. After 10pm NO MUSIC ALLOWED ON DOCKS. Conversations must never be loud enough to disturb people who are trying to sleep: No yelling say what you must to the person next to you, so they can hear…but not loud enough for the boat next to you to hear.
button it up—ROPE LIGHTS OFF and time to
get into your boat
and take the conversation inside. No one should be sitting outside past 11pm. Owners are responsible to use discretion while operating engines, generators, music, TV, musical instruments so as to not create nuisance or disturbance.
There shall be no lewd behavior, lewd language, fighting, destruction, or theft of Marina Property or misconduct of any kind. A verbal warning will be given if anyone is in violation or a source of a complaint. If offender continues he/she will be expelled from Marina property and must remove his/her property and/or vessel and will forego any claim to any refund of monies due to them and relieve the Marina of any and all legal action and will be considered a trespasser.
Please take your guests out on your boat, to the beach or restaurant due to limited space on docks, and keep walk ways clear at all times (no chairs or carpet). Complaints from neighbors will bring upon breach of contract actions.
There are NO dock alterations or adjustments allowed of any kind.
Such actions will be considered a breach of contract.
ice machines, refrigerators, tables or BBQ’s (propane or briquettes) or extra electric will be allowed. If you are grandfathered in (prior than 2016) and approved by management in 2018 season, you will be given a sticker for each item. Sticker must be in open view at all times. Items with no visible sticker will be removed from dock with or without owner’s permission, no exceptions. All vessels in the Marina are to b clearly marked with a current registration ID number as required by law. Additionally, all vessels must have a current Marina sticker, showing full payment.
Trailers left or blocking traffic at Marina for 48 hours or more are subject to a storage fee. The Marina reserves the right to tow a trailer or vehicle improperly parked or stored at Marina, at the cost of the Owner,
Parking. Vehicles parked in no parking zone or parked longer than 10 minutes for loading and unloading are subject to a $100.00 fine and or subject to being towed. The $100.00 per day fine will be added to the Owners mooring account, and subject to late charges. If fees are not paid before end of contract. Owner will be in violation of agreement.
This agreement shall be binding on and shall inure to the benefit of the parties, and their successors, assigns, heirs, and representatives.
SURVIVAL OF RIGHTS AND OBLIGATIONS
The rights and obligations of the parties shall survive the termination of this agreement, except as to member’s right to use a space and marina’s right to receive fees for future space use following such termination.
This agreement contains the entire and complete agreement and understanding of the parties, and there are no other agreements, understandings, representations, warranties, or conditions, either oral or written, except as stated in this agreement. This agreement is the final agreement of the parties and supersedes all prior agreements, understandings, representations, warranties, and conditions between the parties relating to its subject matter.
If any portion of this agreement is determined to be invalid or unenforceable as a matter of law, such invalidity or unenforceability shall be limited to such portion and shall not affect any other portion or provision, which shall be given the fullest effect permitted by law.
Any controversy arising between the parties shall be determined by arbitration as provided by the laws of Idaho. If the parties agree, the matter shall be determined by one arbitrator; if they do not agree, each shall select one arbitrator, and the two so selected shall select a third arbitrator. The decision of a majority of the arbitrators shall be final.
Member represents and warrants that all statements in this agreement are full, true, and correct. Member acknowledges that marina has fully relied on these statements in executing this agreement.
The parties have executed this agreement at Worley, Idaho on the day and year first set forth above.
Kirkpatricks’ Conkling Marina, LLC
"The lower the latitude, the better the attitude"
Conkling Marina & Resort
20 W. Jerry Lane
Worley, ID 83876
On Lake Coeur d'Alene
Conkling Park Marine Repair
RESOURCES NEAR BY
3rd of July Fireworks
Juluau- Pig Roast