2017 East 55 th Street Marina Dock Contract Dock#: Mylar#: Dock Type: Boat Information OH#: Boat Year: Boat Make: Copies Received*: Yes No Boat Title [] [] Proof of Insurance [] [] Current Registration [] [] Driver s Lic. or State ID [] [] Name: Address: Gate Cards: Contact Information Phone: Alt. Phone: Emergency Contact Name: Emergency Contact Phone: Email: DOCK FEES ARE DUE BY MARCH 1st 2017 SEE ENCLOSED Other Comments: Please confirm all information is correct. In order to secure your dock for the 2017 boating season, page 1 and 5 of the signed contract, copies of all current documentation and payment in full must be received in our office no later than March 1st, 2017. This License Agreement is made at Cleveland, Ohio, as of the date last written below, by and between the Board of Park Commissioners of the Cleveland Metropolitan Park District (Cleveland Metroparks), and the party named above (Licensee). A. Term 1. The term of this Agreement shall commence April 15, 2017 and end on October 16, 2017, unless earlier terminated as provided herein. a. This License Agreement may be renewed annually, prior to March 1 st of each year; otherwise the option to renew is cancelled without further notice. Slip assignments will be granted annually through a process designated by Cleveland Metroparks. 2. Licensee represents that s/he is the registered owner of the Boat described above and that the address given above is her/his last mailing address. Licensee agrees to provide Cleveland Metroparks with a copy of the registration of the Boat upon execution of this Agreement and to promptly inform Cleveland Metroparks of any change in her/his mailing address and that in the absence of doing so, Cleveland Metroparks may rely upon the stated last address. 3. The licensee is subject to all laws and regulations of the State of Ohio, the Board of Park Commissioners of the Cleveland Metropolitan Park District ( Cleveland Metroparks ) and to the provisions set forth in this license. Cleveland Metroparks Regulations are available on-line at http://www.conwaygreene.com/clemetroparks.htm. Page 1 of 6
Summer Dockage 1. Rent shall be due on or before March 1, 2017. 2. Cleveland Metroparks shall provide summer dockage for Licensee s Boat at the East 55 th Marina (the Marina ). Licensee acknowledges that Cleveland Metroparks shall have sole discretion to designate (and periodically change) the dockage space allocated to Licensee s Boat. Such dockage space is to be used at the sole risk of Licensee and Licensee agrees that Cleveland Metroparks shall not be liable for the care of or protection of the Boat, its appurtenances, or for any loss or damage of any kind or nature to the Boat, vehicles, equipment, contents or any other property on Cleveland Metroparks property due to, but not limited to, theft, fire, vandalism or any other cause, unless such incurred damage or loss is caused solely and directly by the negligent act of Cleveland Metroparks or its employees. 3. Licensee acknowledges that summer dockage does not include trailer storage. 4. Cleveland Metroparks shall provide Licensee with two (2) gate cards per slip. Licensee may request up to three (3) additional gate cards for a fee for a total of five (5) gate cards at a rate of $15.00/each. 5. Licensee agrees that his use of dockage space entails no warranty of any kind as to the condition of the piers, walkways, gangways, ramps or mooring gear nor shall Cleveland Metroparks be responsible for injuries to persons or property occurring upon Cleveland Metroparks property for any reason. 6. Subject to other provision herein, Licensee s privileges include dockage (with water and electric utilities) and parking in appropriate areas of the marina parking lots, the use of bathroom, showers and other facilities. 7. Licensee agrees that only reasonable and customary usage will be made of the docks and facilities covered hereby, and that no unnecessary wear and tear, disturbance, nuisance, rubbish or garbage will be permitted on the dock or premises, and that the Licensee will make no additional or alterations to the dock or its appurtenances, and keep the dock and premises covered hereby free and clear of gear and tackle and other obstructions, and will deposit all rubbish and garbage in containers provided by Cleveland Metroparks. 8. This Agreement shall terminate at the end of the storage period contracted for. A Licensee occupying summer dockage for one year may continue to occupy the same space in subsequent years, but this privilege is not guaranteed by Cleveland Metroparks. If Licensee desires summer dockage next season, a new agreement must be signed by March 1 st (of the next year) or Cleveland Metroparks makes no representation or guarantee as to the availability of the slip location. 9. Licensee agrees to remove the above described boat or cause same to be removed from the property of the Marina within fifteen (15) days after the expiration of this license. Failure to do so shall constitute valid grounds for Cleveland Metroparks to remove said boat and to dispose of the same to satisfy any unpaid storage fees or charges levied in accordance with the provisions of the law and rules and regulations of Cleveland Metroparks. 10. Cleveland Metroparks reserves the right to remove boats from licensed docks for subsurface maintenance, capital improvement projects, or any other reason. B. Licensee s Covenants Licensee hereby covenants and agrees that: 1. Licensee shall not permit any solicitors, brokers, salespeople, workers or prospects on or about the Boat while it is in the Marina unless previously approved by Cleveland Metroparks. Licensee warrants that the Boat is used for pleasure or business entertainment only and that Licensee is not in the business of selling boats or any other type or marina equipment at Marina except by written consent of Cleveland Metroparks. Page 2 of 6
2. Rights and privileges granted under this Agreement are personal and not assignable by Licensee for any reason whatsoever, unless Cleveland Metroparks gives prior written approval, which approval shall not be unreasonably withheld. Any attempt by Licensee to assign his rights or privileges under this Agreement may result in immediate termination of this Agreement and the Agreement Term. In such event, Licensee shall receive no refund of money paid through the date of the attempted assignment. 3. Licensee s Boat shall not be provided dockage unless and until Licensee pays Cleveland Metroparks any and all fees and charges required hereunder and access to Marina may be denied unless and until all fees and charges are paid. 4. Licensee hereby accepts and shall abide by Cleveland Metroparks East 55 th Marina Code of Conduct attached hereto as Exhibit A and incorporated herein by reference, and which may be periodically amended by Cleveland Metroparks in its sole discretion, and all other Marina rules, regulations and policies, and all laws pertaining to marina operations, all safety rules and provisions, speed limits, warning signs and any and all other indications of public or private safety. 5. Licensee authorizes the Marina to move the Boat as may be required in the event of any emergency or to avoid loss or damage to Marina property. Licensee further agrees that Marina shall not be liable for any damage to the Boat caused by such moving of the Boat. 6. Licensee agrees to keep Boat in a seaworthy condition, and shall create neither a fire hazard an eyesore, nor a sinking hazard. Licensee agrees to keep the Boat property moored and dry within at all times. 7. Licensee agrees that it is his sole responsibility to make, or have made, periodic inspections of said Boat while it is in summer dockage to insure that the boat is secure and that any boat covering(s) is property attached and maintained. 8. Licensee hereby accepts full responsibility for any and all loss or damage to the Boat or Licensee s other property or caused by Licensee s Boat or other property. 9. Dock boxes shall be mounted where they do not obstruct the walkways on all the docks. Dock boxes shall adhere to the following specifications. Standard color: White; standard shape and size; triangular; 27 H x 54 W x 33 D. Rectangular; 27 H x 48 L x 24 W. Manufacturer s material; fiberglass only. Wood, metal or homemade boxes strictly prohibited. C. Indemnification 1. The Licensee hereby agrees to indemnify, save harmless and release Cleveland Metroparks, its agents or employees, against any claim for injury or damage occasioned by fire, explosion, theft, acts of God, or any other cause to the person or property of the said licensee and to persons or property present at the invitation, request, order, permission or license of said licensee while the same are in, at, or upon the premises licensed herein. 2. Except as otherwise provided in this Agreement, neither party shall be liable to the other for or be required to indemnify the other for consequential, special or incidental damages of any kind arising out of the Termination of this Agreement by Cleveland Metroparks. 3. Cleveland Metroparks shall not be liable to Licensee for liquated or consequential damages of any kind arising out of the Termination of this Agreement by Cleveland Metroparks. Page 3 of 6
D. Termination 1. If Licensee becomes delinquent in payment of fees due hereunder for dockage, Cleveland Metroparks shall have the right to repossess the dock space assigned to the Licensee s boat and to secure the Licensee s boat to the space occupied or to store Licensee s boat in any other location, and Cleveland Metroparks shall charge Licensee for same. Cleveland Metroparks and Licensee agree that any dock space made vacant by the removal of Licensee s boat may be rented to another party by Cleveland Metroparks at the discretion of Cleveland Metroparks. There will be no refunds to Licensee where Cleveland Metroparks repossesses dock space. 2. Cleveland Metroparks may terminate this Agreement immediately upon written notice without refund to Licensee at Licensee s last known address if Licensee violates or fails to perform any of Licensee s covenants, duties or obligations hereunder, including such duties and obligations hereunder or violates or permits a violation of the Marina Rules, as defined on Exhibit A attached hereto, 3. Cleveland Metroparks shall have the right to terminate this Agreement without cause after mailing to Licensee by ordinary U.S. Mail written notice of termination at least twenty (20) days prior to the termination date; provided, however, that if Cleveland Metroparks terminates this License, Cleveland Metroparks shall refund to Licensee a pro rata portion of fees charged hereunder based upon the following schedule: Dock Cancellation Date Refund Prior to April 15th (Contract Start Date) 50% April 16 to June 1 40% June 2 to July 15 30% July 16 to July 31 20% August 1 and Later 0% 4. In the event of termination under this Agreement or if Licensee fails to remove Licensee s boat and/or other property from Marina s premises within 15 days of the termination date, Cleveland Metroparks is hereby authorized to remove such boat and property at Licensee s expense and risk, to store such boat and property at any location at Licensee s expense and risk, to take possession of and to re-let the dockage space and to retain any balance or pre-paid fees and other charges as liquidated damages. Charges for storage of the boat and other property shall be equal to the transient dockage rate than in effect, or a storage facility s charges, whichever is higher. 5. If Licensee terminates this Agreement prior to the end of the term, Cleveland Metroparks shall not pay any refund to Licensee. E. Insurance 1. During the term of this agreement, Licensee, at its sole cost and expense, shall purchase and maintain, at all times, (i) Hull insurance, including Collision Liability Clause Coverage for passengers and crew, with a combined single limit of no less than the actual cash value of the vessel; and (ii) Protection and Indemnity Insurance, with a limit of liability per occurrence of no less than $300,000. Such insurance shall cover third party damages and injuries associated with ownership, use or operation of the vessel, including without limitation, damage to piers, docks, jetties or other fixed floating objects, wreck removal, as well as marine pollution insurance covering sudden and accidental discharge of any fuel, oil or lubricants into the surrounding water. Such marine pollution liability insurance shall also include coverage for any fines, fees or penalties assessed by any governmental or regulatory entity. 2. Cleveland Metroparks shall be an additional insured on all such insurance, which shall be endorsed to or otherwise provide liability coverage for Cleveland Metroparks as if it was the vessel owner, and such insurance Page 4 of 6
shall not contain any as-owner or other clause limiting the coverage of Cleveland Metroparks there under. All such insurance shall contain a waiver of subrogation in favor of Cleveland Metroparks. 3. Prior to occupancy of the slip, Licensee shall provide Cleveland Metroparks a certificate of insurance evidencing: (a) the insurance required hereunder, (b) that Cleveland Metroparks is an additional named insured, (c) that the coverage shall not be canceled or altered without thirty (30) days prior written notice to Cleveland Metroparks, (d) that performance of licensee s contractual obligations hereunder is covered by said insurance, (e) the waiver of subrogation rights against Cleveland Metroparks, and (f) that such coverage is primary and any coverage purchased by, or self-insurance maintained by, Cleveland Metroparks, is in excess thereto. F. Miscellaneous 1. This Agreement is executed in the City of Cleveland, State of Ohio and all disputes, controversies and interpretive matters hereunder shall be governed by Ohio law. 2. This Agreement constitutes the entire Agreement between Cleveland Metroparks and Licensee regarding the subject matter hereof and all other written or oral agreements, arrangements, representations, understandings, statements and warranties regarding the subject matter hereof are merged and superseded by this Agreement. This Agreement may not be amended unless by a written instrument signed by both Parties, except as provided in Section 3 below. 3. The Code of Conduct attached hereto and incorporated herein by reference may be amended by Cleveland Metroparks from time to time, for the safety, health and welfare of persons using dock space. Notice of any such amendment shall be made by placing a copy of such amendment on or about the assigned dock, or on Lessee's Boat or in a public place on the Marina bulletin board and shall be deemed to amend this Agreement automatically without further action by the Parties. 4. All provisions of this Agreement are servable and no provision hereof shall be affected by the invalidity of any such provision. 5. In the event of a dispute regarding the storage agreement, the Licensee and Cleveland Metroparks agree to resolve the dispute by looking to this Agreement. The Licensee agrees that this Agreement is the complete and exclusive statement of the storage Agreement between the Licensee and Cleveland Metroparks which supersedes any proposal or prior agreement, oral or written, and any other communications between the Licensee and Cleveland Metroparks relating to the subject matter of this Agreement. If there is a conflict between what one of Cleveland Metroparks agents or employees says and the terms of this Agreement, the terms of this Agreement shall control. LICENSEE BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT Signed Date Signed Date Printed Name Printed Name Page 5 of 6
EXHIBIT A Marina Code of Conduct Marina invitees and/or guests shall conduct themselves in a manner that is courteous and respectful to fellow marina patrons and guests. Licensee and Licensee s invitees and/or guests, for whom he/she is responsible, agree to conduct themselves in a safe and respectful manner at all times while at the Marina as to not create an annoyance, hazard, or nuisance to the Marina, to other vessels, or Marina patrons and guests. Licensee is fully responsible for the conduct and behavior of his/her invitees and/or guests. Behavior or conduct the Marina in its sole and absolute discretion determines might injure another party, cause damage to property, or disturb other tenants may lead to termination of this Agreement by the Marina. No garbage, oil, sewage or waste material of any kind shall be permitted to fall into the water or upon the docks, piers, walkways, or shore area. Every boat in a dock space or tie-up space shall be fastened properly and securely and in such a manner as to avoid fouling or collision with any adjacent watercraft. Signs, placards or commercial displays are prohibited on any dock, pier walkway or shore area. Watercraft containing a sink, toilet or sanitary system shall not be used, operated or docked on any waterway unless such sink, toilet or sanitary system is removed or sealed or made to drain into a tank or reservoir which can be pumped or carried ashore for disposal. Violation of any watercraft laws of the State of Ohio or rules of Cleveland Metroparks by an occupant, owner or operator of a boat licensed to dock on any waterway may be cause for immediate termination of said license applying to such boat by the aforesaid division. Only those dock stickers for the current year may be displayed and must be displayed on each and every dock used by a licensee. Licensee of dock is responsible for neat appearance of the dock and the immediate area of the licensed dock. Maintenance and repair of the dock will be made by Cleveland Metroparks as required. All boats entering, leaving, or passing through the harbor shall adhere to the No Wake policy. Noise shall be kept to a minimum after 11:00PM. All vessels shall be kept in a clean and orderly condition. No laundry, towels, bathing suits or other such items shall be hung on vessel, docks or pilings. All vessels in the harbor must be in seaworthy condition and be able to operate under their own power at all times. All pets must be leashed and may not be tied on docks. Owners are responsible for cleaning up after their pets. Alcohol is restricted to designated areas only. Swimming from and in the areas of docks is strictly prohibited. Fishing within 300 feet of the fuel dock is prohibited. Dress Code Shirts and shoes must be worn at all times while in the marina store or restaurant. Initial: Page 6 of 6