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Tenant Page 1
□ Anderson Mill □ Captains Cove □ Chandlers Landing □ Eagle Mountain □ Harbor One
RENTAL AGREEMENT □ Hidden Cove □ Joe Pool □ Lake Country □ Marshall Ford □ Texoma Marina
Tenant’s Name
SS#
LAST FIRST
Address City _State Zip Business# Home # _____Cell #_________________________
DL#Email Boat Name
Slip # eziS pilS
Trailer Desc/Tag#Documented Vessel/COD # TX #
Manufacturer Year/Model ___________Hull ID #_______ ________
Motor Model__________________________ Length _____________________ Beam Insurance Carrier___________________________ Finance Company Address ____________________________ _ Address ________________________________________________ _________________________________________ _________________________________________ _____
Referral: __________________________________
This rental agreement is executed between “LANDLORD” and” TENANT” as evidenced by their signatures below, and is subject to the terms and condi ons set forth below and on the reverse side of this agreement. The word “Tenant” includes the boat iden fied above.
1. TERM/RENEWAL
A. The term of this agreement shall commence on the _ day of _, _, and shall end on the last day of , at 12:00 midnight, unless terminated by the landlord prior thereto. Landlord and tenant agree that either party may terminate this agreement at the end of the l term, or unless another slip rental agreement is signed by both or the then current term by giving the other party wri en ce thereof of at least thirty (30) days prior to the end of the ini al term or the then current annual term. In the absence of such no e, the slip rental agreement shall to be in force for a successive term of one year each.
B. Landlord may increase the charge or change the provisions of the agreement by wr en to tenant given at least 30 days prior to the expi on of the ini al term of this agreement, but landlord may not make an increase in slip rental or change provisions before the l term of this agreement expires. If such increase is unacceptable to tenant, the tenant shall give and vacate all rental space no later than the final day of lease agreement. Boats/trailers not removed by this date shall be charged rent on a daily basis of 150% of the current daily per day for each day or por n thereof that the space is occupied. The rental increase or change in provisions shall take effect automa cally in the renewed slip rental year in the manner specified by the tenant and the annual term shall self-renew unless tenant es the landlord in wri ng of tenant’s inte n to terminate by giving at least thirty (30) days wri en ce prior to the renewed slip rental year.
2. RENT. Rent shall be paid as follows:
□ Yearly lease - Paid in advance with one payment of________________________________
□ Yearly lease with monthly installments of $__________due on or before the 10th of each month. Rent paid a er the 10th of the month will incur a $25 late fee. Tenant agrees to pay at the me of exec on of this lease a $200 non-refundable fee. There will be a $30.00 charge for all checks returned for any reason.
3. LEASE. Landlord hereby leases to tenant, and tenant hereby leases from landlord, that certain boat slip storage space described as the slip # above (the “premises”) for the storage of tenant’s above-described boat (the “boat”) and for no other purposes. The premises con tute a part of the land and improvements operated by landlord and known as ___________________________________ (The “marina”), situated at_________________________________Texas.
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4. RENTAL:
A. Except as otherwise provided, tenant shall pay in advance rent for the use of the premises in one annual installment without deduction or setoff of any kind, subject to adjustment as herein after provided (“rent”). Upon any termination of this lease, tenant shall immediately (i) remove the boat and all other personal property owned by tenant from the premises, provided that if tenant shall have failed to pay all rent and other sums due to landlord hereunder, no such removal shall be made until all such amounts have been paid in full, and (ii) deliver possession of the premises to landlord in the same condition as delivered to tenant on the commencement date.
B. Tenant shall promptly pay all charges for electricity, telephone service, and other utilities and services furnished from time to time to the premises. Landlord reserves the right to cause meters to be installed at the premises and/or require tenant to make additional payments for the use of such electricity. Landlord reserves the right to discontinue electric service or any other utility service to tenant if the service is abused or used excessively in landlord’s sole determination.
5. LANDLORD LIEN: To secure the payment of rentals and/or materials provided for in this lease agreement, tenant grants to landlord a contractual and possessory landlords maritime, storage or other statutory lien and a security interest in any boat or other personal property left on the premises. Tenant agrees that in addition to the rights of possession and sale set forth in Texas Property Code, Sections 59.041, 70.001, 70.003, 70.101, landlord shall have the right, upon a default in payment of any sums due under this lease, to remove the boat from moorage and place it in open storage at such place and for such time as landlord in its sole discretion deems reasonable. Tenant agrees that landlord will not be held liable and will not be responsible for any damage, loss or deterioration of or the boat caused by such removal and storage. Tenant further agrees that in the event of default in the payment due under this lease, the landlord may in the landlord’s sole discretion retain and liquidate for damages any advance rental or other payments in the landlord’s hand. Tenant shall pay the landlord’s reasonable attorney fees for such suit.
6. BOAT MAINTENANCE: An insured tenant may work on his own boat if such work does not interfere with the rights, privileges and safety of other persons or property. Any outside mechanic, craftsman or any other persons performing work on tenant’s boat while in or on the premises of landlord must provide Property Damage, Workers Compensation Insurance and Personal Injury Liability Insurance coverage in the amount of one million dollars which coverage shall name the marina as an additional insured. Certificate of insurance limits must be approved in writing by management prior to commencement of work. Failure to meet these requirements would require tenant’s boat to be removed from the landlord’s premises for repairs. All work on boats should be scheduled with management. Service personnel must check in and out with management. No work may be done on boats before 8:00am or after 6:00pm
7. RIGHTS RESERVED BY LANDLORD. Landlord shall have the following rights, exercisable without notice and without liability to tenant for damage or injury to property, persons or business, and without effecting an eviction, constructive or actual, or disturbance of tenant’s use or possession or giving rise to any claim for a set off or abatement of rent:
A. To make repairs, alterations, additions, changes of improvements, whether structural or otherwise, in or about the marina, or any part thereof, and to change the name of the marina and to take such other actions with respect to the marina, regardless of their nature, as landlord shall deem necessary, appropriate or desirable in landlord’s sole discretion. For such purposes, landlord may enter upon the premises and during the continuation of such work temporarily close, interrupt the use of or temporarily suspend the access of tenant to the premises, and change the arrangement and location of the premises within the marina, all without abatement of rent or affecting any of tenant’s obligations hereunder, so long as landlord provides other temporary storage for the boat.
B. To grant deeds of trust, mortgages and other instruments of security, as well as leases and subleases of all or any part of the marina, including, without limitations, the premises (with respect to deeds of trust, mortgages and instruments of security only). This lease and all rights of tenant hereunder are subject and subordinate to any such deeds of trust, mortgages or other instruments of security, as well as to the sublease (the “master lease”) executed by landlord and the authority covering the marina, and to any and all advances made on the security thereof and to any and all increases, renewals, modifications, consolidations, replacements and extensions of any such deeds of trust, mortgages, instruments of security or ground lease. This provision shall be self‐operative and no further instrument shall be required to affect such certificates that in the judgment of landlord may be necessary or proper to confirm or evidence such subordination.
C. To relocate the premises from time to time to other space within the marina which is substantially similar in size and configuration to the premises by not less than thirty (30) days prior written notice thereof to tenant, provided that in connection with any such relocation tenant shall be provided with substantially the same services as were provided to tenant in connection with the premises. Upon any such relocation, the new space assigned to tenant by landlord shall be deemed to be the “premises” for all purpose hereof.
D. To terminate this lease at any time upon thirty (30) days written notice thereof to tenant in the event (i) landlord abandons the premises, (ii) it’s leasehold estate in the premises is terminated for any reason by the authority, or (iii) for any other reason landlord ceases to operate marina.
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8. INSPECTION. Landlord or its officers, agents and representatives shall have the right to enter into the premises at all hours, to inspect the same or clean or make repairs or alterations or additions as landlord may be necessary (but without any obligation to do so), and tenant shall not be entitled to any abatement or reduction of rent by reason thereof.
9. INDEMNITY. Tenant shall indemnify and hold harmless landlord from, and shall defend landlord against, all fines, suits, claims, demands, losses and actions (including attorney’s fees) for any injury to person or damage to or loss of property on or about the premises caused by the negligence, gross negligence, willful misconduct or breach by tenant, its employees, agents, guests, representatives or invitees or by any other person entering the premises with the express or implied invitation of tenant or arising out of tenant’s use of the premises. Landlord shall not be liable or responsible for any loss or damage to any property or death or injury to any person resulting from any matter or occurrence, or for any injury or damage or inconvenience which may arise through landlord’s operation of the marina repair or alterations of any part of the marina, failure to make repairs, or from any cause whatsoever, except only landlord’s gross negligence or willful misconduct. Tenant hereby assumes and shall bear the entire risk of loss and damage to the boat and all other property of tenant which may at any time or from time to time be stored within the premises, and no such loss or damage shall impair any obligation of tenant under this lease which shall continue in full force and effect. Landlord will not carry insurance covering any property of tenant on the premises, and tenant is required to carry public liability and property damage insurance (with limits acceptable to landlord) covering all acts or occurrences taking place at the premises or on or about the boat or the trailer (if any), and shall furnish landlord a copy of such insurance prior to the commencement date. Tenant hereby waives, releases, and relinquishes any and every claim which arises or may arise in tenant’s favor and against landlord during the term of this lease or any renewals or extensions thereof for any and all loss of, or damage to, any of tenant’s property located within or upon, or constituting a part of, the premises, or death or injury to any person, including without limitation, claims arising from the negligence of landlord, its agents or employers, which waiver, release and relinquishment is in addition to and not in limitation or derogation of, any other waiver or release contained in this lease.
10. CONDITION OF PREMISES. Tenant accepts the premises “as is” with all faults and defects, and tenant hereby waives all warranties of suitability for a particular purpose or otherwise. Tenant acknowledges and represents to landlord that landlord has not made, that tenant is not relying upon, any representations, warranties or promises of any kind or character whatsoever with respect to the premises, the condition of the premises or any other matter or thing related thereto. Tenant shall reimburse landlord upon demand for all repairs of the premises occasioned by any act or negligence of tenant or tenant’s employees, guests, invitees, representatives or agents, or by any other person entering the premises with the express or implied invitation of tenant or arising out of tenant’s use of the premises. Tenant shall at all times during the term hereof maintain the premises in good repair and condition, clean and sanitary, and shall remove all rubbish, garbage and other refuse. Tenant shall be responsible for the proper mooring or fastening of the boat, and the marina shall bear no responsibility therefore. Tenant agrees to store dinghies and all other personal property aboard the boat and not on walkways or in harbor. Tenant will place trash in the receptacles provided for that purposes and will keep walkways clear from obstruction caused by his property. Sewage disposal shall be performed by tenant in accordance with state and federal requirements. Tenant shall properly use and operate all electrical fixtures in a manner which will not endanger the property of the marina or others. Tenant shall not be permitted to post any “for sale”, “for hire” or other signs on the boat while it is within the premises, or on or about the premises, without first receiving landlord’s written consent which may be withheld for any reason. In the event the boat is sold with the assistance of, or if a purchaser is procured by, landlord, then tenant shall pay to landlord upon any sale of the boat, a finder’s fee equal to ten percent (10%) of the total sales price, in cash.
11. ALTERATIONS. Tenant shall not alter or improve the premises without the prior written consent of landlord, and any all alterations, additions, improvements or fixtures made or placed in or on or about the premises shall upon the expiration of the term become the property of landlord ,without compensation to tenant, provided that such alterations, additions, improvements and/or fixtures shall at the request of landlord be promptly removed by tenant prior to such termination at the cost of tenant and the premises shall be restored by tenant to their original condition.
12. NO SUBLETTING OR ASSIGNMENT. Tenant shall not assign this lease nor sublet all or any portion of the premises without the prior written consent of landlord, which consent may be withheld for any reason. Landlord shall have the right to assign all or any portion of its interest under this lease at any time and from time to time without any consent of tenant.
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13. DEFAULT OR BREACH: LANDLORD’S LIEN.
A. Upon any default or breach by tenant of any term, condition or covenant of this lease or the rules and regulations promulgated by landlord from time to time with respect to the marina, landlord shall have the right, without waiving and cumulative of other rights and remedies, to terminate this lease without notice to tenant and/or to prohibit access to the boat and any right of tenant to remove the boat from premises. Any early termination of this lease as a result of any default or breach by tenant shall not relieve tenant from the obligation to pay remaining rent, and will incur a breach fee of $200.00 and any other amounts due under the terms hereof and for all other damages realized or suffered by landlord with respect thereto.
B. In addition to the statutory Landlord’s Lien or Storage Lien, landlord shall have at all times; and tenant hereby grants to landlord, a valid security interest in and lien upon the boat and all personal property of tenant which may from time to time be situated on the premises, and all substitutions, replacements and proceeds thereof, to secure the payment of all rent and other sums of money becoming due hereunder from tenant, and to secure payment of any damages or loss which landlord may suffer by reason of the breach by tenant of any covenants, agreement or condition contained herein. Such property shall not be removed from the premises without the consent of landlord until all arrearages in rent as well as all other sums of money due to landlord hereunder shall have been paid and discharged and all of the covenants, agreements and conditions hereof have been fully complied with and performed by tenant. Upon the occurrence of any event of default by tenant, landlord may, in addition to any other remedy provided herein or by law, enter upon the premises and take possession of the boat and all other equipment and personal property of tenant, without liability for trespass or conversion, and (i) remove the boat from the premises and place it in open storage at such place or places and for such time as Landlord in its sole discretion deems reasonable, and tenant agrees that landlord shall not be liable or responsible for any damage loss or deterioration of or to the boat caused by such removal and storage, (ii) restrict or prohibit tenant’s access to and/or use of the boat, and/or (iii) sell the same at public or private sale in accordance with applicable law. In the event the boat is at any time impounded for nonpayment of rent or other charges due hereunder, tenant shall pay to landlord on demand an impounding charge as determined from time to time by Landlord (initially $250.00) in addition to all other amount due hereunder. Unless otherwise provided by law, and without intending to exclude any other manner of giving tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given at least five (5) days before the time of sale. Tenant agrees to execute and deliver to landlord a financing statement and/or other instruments in form sufficient to perfect the security interest and lien of landlord in the boat and other personal property under the provisions of the uniform commercial code and other laws in force in the State of Texas. The statutory lien for rent is not hereby waived, and the security interest and lien herein granted are in addition and supplementary thereto.
14. INSURANCE: The landlord does not carry insurance covering the property of the tenant. Landlord is not responsible for theft or damage of any kind to the boat, contents, gear or equipment. Tenant is required, as a material provision of this lease, to maintain at all times public liability and property damage insurance of not less than $100,000.00 covering all acts or occurrences taking place at the storage space, on the boat, on or around its trailer. The policy must name landlord as an additional named insured party and contain a provision that the issuing company must notify landlord of the policy’s termination not less than 30 days before it expires or terminates. Tenant shall provide a copy of the policy to landlord within 30 days of execution of this lease. Boat owner shall reimburse landlord within (30) days for any damage or defacement, which he, his boat, or his guest(s) may cause to marina. Tenant releases, discharges and agrees to hold landlord harmless from any and all claims and liabilities for loss or injury, including death, and for damages to tenants’, tenants’ invitees, tenants’ employees and all other persons and property injured by tenants’, tenants’ invitees, and tenant’s employees acts and/or injured by others actions, regardless of whether such acts are only of lesser comparable negligence, while in or on the premises or landlord, including damages caused by fire, theft, vandalism, windstorm, high or low waters, hail, rain, ice collision, or accident, or any other act of God.
15. NOTIFICATION: It shall be the duty of the tenant to furnish the landlord notification in writing of any changes of address or phone number. Tenant agrees to pay for goods, wares, electricity, merchandise or labor purchased or contracted with the landlord within 10 days after the mailing of invoice.
16. ANIMALS: All animals must be leashed and cleaned up after. Tenant must use designated areas to walk pets. Animals are not to be left unattended off the boat (i.e. picnic areas, bath house etc.)
17. LANDLORD: Landlord reserves the right to lease or refuse to lease to any person for any good or pertinent reason. 18. FORCE MAJEURE. In no event shall landlord be liable for, nor shall rent be abated as a result of, any act or occurrence not within
the control of landlord, including, without limitation, force majeure or any change in level of the marina.
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19. ATTORNEYS FEES AND LATE CHARGES. If, on account of any breach or default by tenant hereunder, it should become necessary for landlord to employ an attorney to enforce or defend any of landlord’s rights or remedies hereunder, tenant agrees to pay upon demand all costs, including reasonable attorney’s fees, incurred by landlord in connection therewith. In the event that tenant shall fail to pay any installments of rent or any other sum hereunder when due, no later than the 5th day of each month, then tenant shall be obligated to pay to landlord upon demand a late charge of $25.00 after the 10th for the unpaid amount together with interest on such unpaid amount at the rate of eighteen percent (18%) per annum until paid. In the event any check tendered by tenant to landlord in payment of any sums due hereunder shall be refused payment by the bank or other institution for whatsoever reason, tenant agrees to pay landlord an additional charge of $25.00 for each such check, subject to increase by landlord from time to time as provided in the rules and regulation applicable to the marina.
20. AMENDMENTS: Binding effect. This lease may not be altered, changed or amended, except by instrument in writing signed by both parties hereto. No provision of this lease shall be deemed to have been waived by landlord unless such waiver be in writing signed by landlord and addressed to tenant nor shall any custom or practice which may evolve between the parties in the administration of the terms hereof be construed to waive or lessen the right of landlord to insist upon the performances by tenant in strict accordance with the terms hereof. The terms and conditions contained in this lease shall apply to, inure to the herein expressly provided.
21. NUISANCES. Tenant shall neither place nor permit any radio, television, loudspeaker or amplifier in or around the premises where the same can be seen or heard from outside the premises, nor place an antenna or other projection on the premises, nor take any other action which, in the exclusive judgment of landlord, would constitute a nuisance or would disturb or endanger other tenants of the marina or interfere with their use of their respective premises or would tend to injure the reputation of the marina.
22. TENANT: Tenant agrees that only reasonable and customary use will be made of the docks and facilities, and that no unnecessary wear and tear, disturbance, or rubbish will be permitted on the docks or facilities. Tenant will keep docks or premises clear of gear, tackle, lockers, furniture, rafts, carpeting and all other obstructions.
23. LANDLORD: Landlord makes no warranties, representations or guarantees as to the condition of rental space. Tenant agrees to lease a space on an “as is” basis. Landlord cannot and does not guarantee the continuity of electrical service where provided.
24. In case of EMERGENCY, as determined by landlord, the landlord shall be authorized to move the subject boat, if possible and practical, to a safer area to protect the boat, property or general welfare, if boat is unattended and tenant cannot be reached. Under no circumstance is landlord obligated to provide this service. The tenant shall be solely responsible for any costs incurred by landlord for any emergency measures. Tenant must contact marina during inclement weather, drought, heavy rain, or other severe weather conditions and take appropriate measures to secure and protect their boat.
25. The use of torches or open flames on the docks is strictly prohibited.
26. Tenant agrees to cooperate in all efforts to maintain and keep the marina clean, security doors locked, proper supervision of children and guests, etc., and to otherwise eliminate the possibility of accidents and theft.
27. Any boat impounded for non‐payment shall be assessed a $250.00 impounding charge. Impounding may occur with our without notice, at any time the account is deemed delinquent for balance due, NSF, or violation of account procedures which have been delineated within lease and payment plan agreements.
28. Any infractions of the rules and regulations contained in the lease are grounds for cancellation of this lease agreement at landlord’s option. Landlord may remove the boat from its slips, relicense the same, and retain and apply any balance or prepaid slip fee. Upon five (5) days notice tenant shall remove his boat from premises. Tenant further agrees to comply with all applicable federal, state and local laws, and with all rules and regulations promulgated by the U.S. Army Corp of Engineers.
29. No “For Sale” signs are to be displayed on or around any boats at marina property. Marina has sole charter rights, leasing/rental rights, brokerage rights, and repair rights, for boats within its premises.
30. Tenant understands that landlord may be required to notify any lien holder on the boat title of each default or breach of this lease by tenant lasting more than five (5) days. Tenant releases landlord from any damages tenant may suffer as a result of that notice.
31. TENANT’S INDEMNITY AND COMPLIANCE WITH ENVIRONMENTAL LAWS: Tenant, at tenant’s expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state, county and municipal authorities pertaining to tenant’s use of the boat and pertaining to hazardous materials, waste disposal, air emissions and other environmental matters, and with any direction of any public officer or officers, pursuant to law, which impose any duty upon tenant with respect to the use of tenant’s boat. Tenant shall not cause or permit any hazardous materials to be brought upon, kept or used in or about the property by tenant, its agents, employees, contractors or invitees, with the sole exception being the gasoline and oil normally and properly used in the operation of the vessel, without the prior written consent of landlord. If tenant breaches the obligations stated herein, or if the presence of any type of hazardous materials, including the gasoline and oil normally and properly used in the operation of the vessel, results in contamination of any landlord’s and/or landlord’s other tenants’ property, then tenant shall indemnify, defend and hold landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation to, diminution in value of the property, damages for the loss or restriction on use of rentable or unusable space or of any amenity or appurtenance of the property, sums paid in settlement of claims, reasonable attorney’s fees, court costs, consultant fees and expert fees) which arise during or after the lease term as a result of the contamination. The foregoing indemnity shall survive the expiration or termination of this lease.
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32. AMENDMENT OF TERMS AND CONDITIONS. The agree that the standards hereto are part of this lease and are incorporated herein by reference. The landlord reserves the right to alter or amend the standards of this lease from to by: (a) wri to tenant; and (b) prominent publi on by ce on the marina grounds. The agree that these amended standards are also part of this lease.
33. COMMERCIAL ACTIVITY: The undersigned tenant agrees not to use the boat slip covered by this lease, or the boat moored there, to conduct any type of commercial vity including sale of boats, rental of boats or carrying passengers for hire, or in any other fashion without the expressed wri permission of the landlord. Not-withstanding any other provisions of this lease, upon the first evidence of commercial y, this lease shall immediately terminate and the tenant shall have seven (7) days to remove his/her boat from the marina. If the boat is not removed, it shall be impounded by the landlord, or removed from the marina by the landlord at the boat owner’s expense.
34. ADDITIONAL RULES AND REGULATIONS: By signing a copy of this agreement, owner acknowledges receipt of a copy of Marina’s Rules and Regula ons as are in effect at the of exec on of this agreement. Owner further agrees to abide by all of the said rules and and to insist that all guests do the same.
35. OTHER PROVISIONS: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
I (we) have read the above lease and fully understand the terms and co ons as set forth, as well as my (our) responsi es as described in the contents of this lease. I (we) acknowledge receipt of a copy of this lease agreement.
TENANT: LANDLORD: Lessee _________________________________________________ MQ Marina Management, LLC 1910 E. Hwy 114 Southlake, TX. 76092 Lessee _________________________________________________ Date __________________________________________________ by: __________________________________________ Marina Represe ve