LICENSE TO USE. The LICENSE AGREEMENT (the ‘’AGREEMENT”) is a license to use space only for moorage/storage of the vessel subject to this agreement. Slips, buoys or dry-storage space may not be shared by multiple vessels. The Agreement provides for one CF# only. The Agreement is
made as of the date set forth above and herein, by and between Emerald Cove Resort & Marina (MARINA) and the person(s) named as LICENSEE / REGISTERED
OWNER (or the Owner’s authorized agent) of the Vessel fully described in Section III of the License Agreement form,
and is hereinafter referred to as “LICENSEE” of the Vessel under the terms and conditions set forth.
LICENSEE agrees to comply and shall cause Licensee’s family, agents, guests
and invitees to comply, with all current Terms and Conditions / Rules and Regulations of MARINA and such terms and conditions
/ rules and regulations incorporated herein as a part of this agreement. Any
violation of the terms and conditions / rules and regulations constitutes a breach of this agreement which may result in immediate
termination of this agreement by MARINA. MARINA reserves the right to modify, amend
or supplement the Marina Rules and Regulations at any time, and from time to time by posting in the Marina office.
LICENSEE
and MARINA hereby agree:
1. Vessel. LICENSEE warrants that he/she
is the Owner of the Vessel and is authorized to bind all joint owners of the Vessel to the terns of this license agreement. Joint-ownership or “partnership” in a vessel requires that all owners
/ “partners” have a documented legal interest in the vessel. If
the person signing this agreement is an agent for the Owner or any joint owners or partners, the Agent represents and warrants
that he/she is authorized to enter into this agreement on behalf of the Owner and to bind any and all joint owners or partners
of the Vessel.
2. Vessel Documentation.
LICENSEE warrants
that the Vessel is properly documented and registered in the State of California, and that the Vessel is in compliance with all applicable
California and U.S. Coast Guard safety regulations. In addition, all houseboats moored on Bullards Bar Reservoir are required to have
self-contained / closed water systems that do not allow any water to re-enter the lake.
3. Vessel Condition. LICENSEE represents
and warrants that the Vessel is seaworthy, fully operable and will be maintained in a seaworthy, operable condition and will
maintain the Vessel’s appearance, which will include regular cleaning, maintenance and/or replacement of all painted
and varnished surfaces, all bright work, rigging, safety equipment and any other appurtenances of the Vessel.
4. Vessel Inspection / Approval.
The Vessel shall
be inspected and approved by MARINA upon its arrival. Failure to obtain MARINA’S approval shall automatically
terminate this Agreement. Failure to cure any deficiencies in the Vessel’s
condition, maintenance or appearance as required under this Agreement within 30 days of written notice of such deficiency
shall automatically terminate this Agreement. Houseboats may be subject to an annual compliance inspection of their plumbing
systems. There is a $100.00 service fee for the inspection.
5. Use of Vessel. MARINA licenses to LICENSEE use of the slip,
moorage, or storage space upon the terms and conditions contained herein. LICENSEE
warrants that while the Vessel is moored on Bullards Bar Reservoir, Licensee will not rent or charter, exchange, trade, barter
or loan the Vessel or the slip, moorage or storage space to any other person for any purpose whatsoever, and will not engage
in any commercial activity with the Vessel or otherwise use or allow any other person to use the Vessel for commercial purposes
or activities. The LICENSEE further warrants that the Vessel shall be used solely
for LICENSEE’S pleasure and for no commercial use of any kind. Any commercial
use shall automatically terminate this agreement. LICENSEE also warrants that
no person will live aboard the Vessel while it is stored or moored at Bullards Bar Reservoir.
6. Term. This Agreement shall create a license
commencing on the date set forth in Section V of the License Agreement form. THERE
IS NO REBATE OF FEES AT TERMINATION FOR ANY UNUSED PORTION. Owner shall surrender
the slip / moorage / storage space, immediately upon the expiration of the term in substantially the same condition it was
upon the commencement of the term, reasonable wear and tear excepted.
7. Payment of Fees. LICENSEE shall pay MARINA according to the fee schedule set forth
in the License Agreement. Any default of the license fee schedule shall constitute
a breach of this agreement for which MARINA may terminate this license.
8. Fees. LICENSEE shall pay MARINA the current moorage/storage rate for
the term of this agreement. Annual renewals are due on or before the expiration
date of the current term. All renewing annual boat slip or dry storage license
agreements with mid-year expiration dates will be pro-rated to expire December 31, 2006.
Payments not received within ten (10) days of the due date shall be deemed delinquent and subject to late fees. Monthly houseboat moorage payments are due in advance, by the first day of each and
every calendar month. Payments not received by the tenth (10th) day
of the same month shall be deemed delinquent. Emerald Cove Marina will not send out invoices for regular monthly payments. Store Tabs will not be offered in 2006. LICENSEE further agrees to pay as an additional fee, any and all taxes that may be levied by any governmental
agency and to maintain such taxes current. All Marina
moorage/storage account payments are to be made in cash, money order, or valid check payable to Emerald Cove Marina.
9. Fees for Late Payments or Returned Checks. To compensate
MARINA for the costs incurred to handle delinquent payments and returned checks, LICENSEE agrees to pay MARINA, in addition
to the payment amount due, a ten percent late fee for all annual fees not paid within 10 days of the due date;
a $50.00 late fee for monthly houseboat moorage paid after the 10th of the month; and a $25.00 late fee for monthly
dry-storage paid after the 10th of the month. Payment for services is due at the time the service is rendered.
Services provided when LICENSEE is not present must be paid within 10 days of the date services were rendered to avoid late
fees. After 60 days, delinquent accounts will be subject to court costs and legal
fees in addition to the unpaid amount. Late fees will be assessed at 20% per
annum, until all fees are paid current, by cash or valid check. Repeated late
fees or returned checks may result in default or termination, at MARINA’S option. Payment by means of a returned check shall not
constitute timely payment. There will be an additional $35.00 fee charged for
payment with a returned check.
10. Risk of Loss. LICENSEE shall use slips and facilities at his own risk.
MARINA shall not be responsible for the care
or protection of the Vessel (including gear, equipment or contents). At no time
is MARINA obligated to protect LICENSEES’
boat. MARINA shall not be liable for any loss, injury or damage to the Vessel or the Vessel
owner, owner’s agents, employees, or guests, or any consequential or incidental damages, whether caused by condition
of the MARINA'S facilities or any other cause. LICENSEE has examined and knows the condition of the premises of the MARINA and has received the same in good order
and repair. There is no warranty of any kind as to the condition of the MARINA'S
floats, walkways, dock, equipment, slips, buoys or any property whatsoever owned by the MARINA.
11. Indemnity. LICENSEE shall indemnify and hold MARINA, its directors,
shareholders, officers, employees, customers, agents, suppliers and guests harmless from any loss, claim, or damage cost in
relation to any damage or loss to LICENSEE’S Vessel or claim of injury to the LICENSEE or his guests by reason of physical
condition of MARINA property.
12. Insurance. It is expressly
agreed that LICENSEE shall, at his/her/its own cost and expense, maintain liability and property damage insurance. This insurance policy shall provide primary rather than secondary coverage.
LICENSEE shall carry liability insurance and property damage insurance, with accidental pollution coverage. Salvage
coverage equal to the hull coverage value of the Vessel is recommended. Emerald
Cove Marina shall be expressly identified in the insurance policy as an additional named insured. The watercraft liability and property damage portion of the policy must have limits of at least $300,000.00. LICENSEE must provide a signed Certificate of Insurance to MARINA within 30 days of implementation of
this agreement. LICENSEE’S failure to comply with or demonstrate compliance
with this provision does not in any way constitute a waiver by MARINA of this provision. Failure
to comply will automatically terminate this agreement and the LICENSEE will be required to remove Vessel from the MARINA with the forfeiture of any moneys already
paid.
13. Care of Slip. LICENSEE shall
keep and maintain slip/space in clean and sanitary condition at all times. Upon
termination of this agreement, LICENSEE shall surrender the slip/space to MARINA in good order and repair.
Under no circumstances, nor at any time, shall LICENSEE change, modify or alter any dock equipment, walkway, float,
slip or any property of MARINA whatsoever. LICENSEE shall not install or place any personal
property, equipment, dock boxes, or locker of any type or shape on MARINA property. MARINA reserves the right to reassign LICENSEE
to any other slip/space in MARINA’S facility at any time, for any reason, and without prior notice to LICENSEE, and to relocate
the VESSEL thereto at the LICENSEE’S expense and risk.
14.
Space Assignment. Each moorage
/ storage Agreement provides for one (1) CF# only: Slips, buoys or dry-storage
space may not be loaned to others nor shared by multiple vessels. Small vessels
(e.g.: dinghies, canoes, paddle boats, inflatables) must be stowed on board the
vessel. LICENSEE shall register his Vessel with MARINA including all information required
by MARINA for this purpose. If LICENSEE removes Vessel from Bullards Bar Reservoir for an extended period (more than 3 consecutive
days), LICENSEE agrees to notify MARINA. MARINA may use the slip while not in use by LICENSEE without reduction
of the License fee or other compensation to LICENSEE.
15.
Right to Re-assign / Move Vessel.
MARINA reserves the right to reassign LICENSEE
to any other slip/space in MARINA’S facility at any time and for any reason, without prior notice to LICENSEE, and to relocate
the Vessel thereto at the LICENSEE’S expense and risk. MARINA is hereby authorized to move Vessel
without liability to the MARINA and/or MARINA personnel for damages or loss of any kind. LICENSEE
hereby guarantees MARINA reasonable compensation for said moving.
16.
Lien. MARINA shall have a possessor lien on Vessel
identified herein for any unpaid purchases, storage, service, fuel, supplies, etc., furnished in connection with said Vessel. Such lien is in compliance with section 501 of the Harbors and Navigation Code of
the State of California.
17.
Attorney’s Fees.
In the event that either MARINA or LICENSEE shall obtain legal counsel or bring an action against the other based on
any dispute arising out of or relating to this License Agreement, the prevailing party shall be entitled to an award of reasonable
attorney’s fees and court costs.
18.
Waivers. A waiver
by MARINA of any performance pursuant to this
License Agreement shall not be deemed as a continuing waiver or sufficient grounds for waiver of any other performance, nor
excuse performance by LICENSEE from any of the terms of this Agreement or any of the attached rules and regulations.
19.
Sales and Transfers of Ownership.
MARINA shall be notified immediately of any
sale or transfer of ownership of the Vessel and shall give MARINA the right to terminate this agreement.
LICENSEE warrants that he/she will represent to all third parties that LICENSEE’S rights are not transferable
with the Vessel and shall indemnify and hold MARINA harmless from any claim for damages, including subrogation, resulting from
any such representation. If jointly owned, LICENSEE represents he is authorized
to bind all owners of the Vessel in accordance with the terms hereof. Annual
Houseboat Moorage License Agreements expire at midnight December 31 of the current
calendar year. If Licensee sells Houseboat (partial or complete interest), Marina may permit new owner to assume
the remainder of the term of the existing Moorage License Agreement. A certified copy of the bill of sale must be provided
to Marina within 15 days of the sale.
Buyer or seller will pay Marina a $60.00 administrative fee for the
transfer.
20.
Assignment. No right of
LICENSEE relating to or arising out of this License Agreement may be assigned or transferred by LICENSEE. The License Agreement is terminable by MARINA at will.
21.
Termination of License Agreement.
LICENSEE may terminate this Agreement with minimum (30) thirty-day written notice to MARINA and payment of any charges or fees
due.
a.
This agreement
shall be deemed automatically canceled if LICENSEE’S vessel is declared by MARINA or any governmental agency to be unsafe or a pollution
hazard.
b.
If LICENSEE
violates any of the terms or conditions of this Agreement or any of the rules and regulations of the Marina, then this Agreement shall terminate
immediately.
c.
Upon termination
or default, LICENSEE agrees to remove the Vessel from the MARINA immediately. If LICENSEE fails
to do so, LICENSEE hereby grants the MARINA or its agents, the right to remove the Vessel, without notice, at LICENSEE”S
sole risk and expense for the purpose of relocating the Vessel to another location.
d.
LICENSEE
shall exempt, hold harmless and indemnify MARINA from and against any claims for damages, including subrogation, arising out of or relating
to removal, relocation or storage of Vessel, even if such damage is caused solely or partially by the negligence of MARINA.
LICENSEE also agrees to pay all expenses of charges arising out of or related to the events described in paragraph
21, including labor, salvage, storage, moorage, towing, surveying, inspection, maintenance, and preservation charges. For each day after termination or default that the Vessel remains on MARINA’S premises, LICENSEE agrees to
pay the current daily rate as established by MARINA.
22.
If LICENSEE
does not remove Vessel upon termination of this Agreement, MARINA may, at its sole discretion, choose to extend the term of this Agreement on
a daily / weekly / or month to month basis.
23.
If any term
or condition of this Agreement should be determined to be invalid by any court of competent jurisdiction, such invalidity
shall in no way affect the validity of this Agreement and all other terms or conditions of this Agreement shall remain in
full force and effect.
24.
California Law. The Agreement shall be governed
by and interpreted in accordance with the laws of the State of California.
25.
Parking. LICENSEE and
all guests shall comply with all posted vehicle parking restrictions. The MARINA,
its officers, agents or employees shall not be liable to LICENSEE or LICENSEE’S agents for any loss of, or damage of
any kind to any motor vehicle or other personal property in or on the buildings, parking lots or other MARINA Premises.
26.
Entirety of Agreement.
This Agreement contains the entire Agreement of the Parties. There are
no oral waivers, alterations, or additions to this Agreement. This Agreement
may only be altered or modified by a subsequent written agreement and any such amendments must be signed by LICENSEE and MARINA. This Agreement supersedes or replaces all previous licenses.
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Licensee agrees that Marina’s Rules and Regulations and any amendments thereto are an integral part of this Agreement. Licensee
shall comply and shall cause Licensee’s family, agents, licensees and guests to comply with those current Marina Rules
and Regulations. Should any person violate any Marina Rule or Regulation, Marina
may terminate this Agreement immediately, remove the Vessel from the Ball/Slip/Space at Licensee’s risk and expense,
and retake possession of the Ball/Slip/’Space. Marina reserves the right to modify, amend
or supplement the Marina Rules and Regulations at any time, and from time to time by posting in the Marina office.
Each signatory to this License Agreement represents that he or she fully understands and accepts the terms of this Agreement, and is
fully authorized to execute this agreement, either for himself or herself, or in the case of joint ownership, for all owners,
or acting as agent on behalf of his or her principal.
