LEASE
THIS LEASE made this 10th day of December, 1997, between DOCTORS LAKE
MARINA, INC., a Florida Corporation, hereinafter called the "LESSOR", and BOAT
TREE, INC., a Florida Corporation, hereinafter called "LESSEE".
WITNESSETH:
The Lessor does by these presents lease and let unto the Lessee the real
property located in Clay County, Florida, described in Exhibit A attached hereto
and by reference made a part hereof, together with three (3) wet slips, known as
0000 XX Xxxxxxx 00 Xxxxx, Xxxxxx Xxxx, Xxxxxxx.
TO HAVE AND TO HOLD the said leased property, including the access and
parking rights, for the purpose of operating a retail boat dealer sales parts
and service operation, for a lease term commencing on the 1~ day of January,
1998, and ending on the 31st day of December, 2002.
In consideration of the premises, it is mutually covenanted and agreed by
and between the Lessor and the Lessee as follows:
RENTAL PAYMENT AND DUE DATE
1. The Lessee shall pay to the Lessor as rent for the leased premises and
appurtenant rights, the sum of $4,700.00 per month as base rent, plus sales tax,
due and payable in advance, commencing February 1, 1998 and continuing on the
1st day of each month and every month of the demised term.
TAXES
2. Lessee shall pay all personal property taxes and all taxes levied upon
its stock in trade kept on the leased premises and shall abide by all valid
laws, rules and regulations of governmental authorities have jurisdiction over
the operation of the type of business operated in the leased premises by Lessee.
Lessee shall pay to the Lessor the sum of $678.98 plus sales tax each quarter in
advance commencing January 1, 1998 for Lessee's share of real estate taxes. When
the actual tax xxxx is received each year in November, the real estate taxes
shall be prorated based upon the Lessee's 25% obligation for taxes.
MAINTENANCE AND REPAIRS
3. The Lessee shall keep the interior of the building, improvements,
plumbing, heating and air conditioning, now or hereafter erected upon the leased
land, the air compressor, as well as the boat hoist, in good condition and
repair, and the Lessee shall deliver up the leased premises at the end of the
lease term in good condition and repair, except for ordinary wear and tear. The
Lessor, at its expense, shall maintain the exterior walls, roof and foundation
of the building, as well as the paved parking area appurtenant to the building.
Lessee shall mow all its areas as well as the D.O.T. right of way adjacent to
Lessee area.
UTILITIES
4. Lessee shall pay for all electricity, and other utilities used by it in
connection with the operation of its business, which shall be the meter behind
the sales office, as well as 50% of the meter for the rest of the building where
parts and service are located.
INSURANCE
5. Lessee shall be responsible and pay for the following coverages: (a)
Boat Dealer's Policy Lessee shall maintain in force a boat dealer's
comprehensive policy of insurance with a company and with limits acceptable to
the Lessor, naming the Lessor as an additional named insured and provide Lessor
with a certificate of insurance. (b) Fire etc. Lessee shall pay Lessor $200.00
per quarter, plus sales tax, in advance towards the premium for insuring the
property for all risks including fire, extended coverage, etc., for their full
insurable value. Lessee shall pay the aforesaid prorated premium each quarter in
advance.
REMOVAL OF EQUIPMENT. FIXTURES AND MERCHANDISE
6. All trade fixtures which are installed or placed on the leased premises
by or at the expense of Lessee shall remain on the property of Lessee, and
Lessee shall have the right to remove the same at any time when it is not in
default in any of its
agreements herein contained. In the event such removal shall injure or
damage the building or premises, Lessee agrees to promptly repair such damage at
its own expense. Lessor agrees to execute a waiver, if requested to do so, in
favor of any legal owner, or secured party of such fixtures and merchandise
installed or placed in or on the leased premises permitting the removal of such
fixtures and merchandise by such legal owner, or secured party.
SUBLETTING OR ASSIGNMENT
7. Lessee may not assign this lease or sublet all of parts of the leased
property and rights leased to it hereunder without the prior written consent of
Lessor; however Lessee may assign this lease to a related party controlled by
Xxxxxx Xxxx with equal or better financial strength than the current Lessee. No
such assignment or subletting shall relieve the Lessee herein named of any of
its obligations under this lease, and all assignees and sublessees shall be
bound by the terms and provisions of this lease.
QUIET ENJOYMENT & SUBORDINATION OF MORTGAGE
8. Lessor covenants that if Lessee shall pay the rentals and perform its
agreements hereunder, Lessor shall and will protect and defend against any
interference with the Lessee's use and enjoyment of the leased property during
the life of this lease. Lessee agrees to and does hereby subordinate its
leasehold interest to the lien of any bona fide mortgage that may be procured by
Lessor on the leased premises, provided that the mortgagee of such mortgage
shall permit
Lessee to remain in possession of the leased premises and to apply rental
payments against the debt secured by said mortgage in the event of default on
the part of the Lessor, as long as Lessee complies with and performs all of its
covenants and undertakings under this lease.
RESTORATION OR DAMAGED OR DESTROYED BUILDINGS
9. In case of total damage or destruction by fire or otherwise to the
building or other improvements on the leased premises, this lease shall
terminate.
EMINENT DOMAIN OR CONDEMNATION PROCEEDINGS
10. If any portion of the leased premises be taken under the exercise of
the power of eminent domain by any competent governmental or corporate authority
during the term of this lease, there shall be proportionate abatement of the
rent thereafter to be paid based upon what is taken, but Lessee shall not be
entitled to any award from the condemning authority provided. Provided, however,
Lessee shall have the option to terminate the Lease if a taking of a portion of
the leased property has a material adverse effect of the Lessee's continuing
business levels. The proposed condemnation for a bike path/walkway along U. S.
Highway 17 by the County shall not be grounds for the Lessee to terminate this
lease. The option to terminate shall be exercisible within thirty (30) days of
the entry of an "Order of Taking" and shall lapse thereafter.
REMEDIES ON DEFAULT
11. If any rent required by this lease shall not be paid when due, after
five (5) days after a written notice, the Lessor shall have the right to
terminate this lease, resume possession of the property for this own account,
and recover immediately from the Lessee the difference between the rent
specified in the lease and the fair rental value of the property for the
remainder of the term, and keep any security deposit as stated herein and
release or rent the property for the remainder of the term for the account of
the Lessee and pay to the Lessee, at the end of the term, the difference between
the rent specified in the Lease and the rent received on the releasing or
renting and keep all security deposit as stated herein. In such event, the
Lessor shall also recover all expenses incurred by reason of the breach,
including reasonable attorneys' fees. If either the Lessor or the Lessee shall
fail to perform, or shall breach any agreement of this lease, other than the
agreement of the Lessee to pay rent which is due without notice but shall not be
a Default unless paid after five (5) days after a written notice, for thirty
(30) days after a written notice specifying the performance required shall have
been given to the party failing to perform. The party so giving notice may
institute action in a court of competent jurisdiction to terminate this lease or
to compel performance of the agreement, and the prevailing party in that
litigation shall be paid by the losing party all expenses of such litigation,
including a reasonable attorney's fee.
BANKRUPTCY
12. In the event the Lessee shall be adjudged bankrupt or shall make
assignment for benefit of creditors or have its leasehold estate taken on
execution against Lessee, then the Lessor may, at his option, terminate this
lease.
NOTICES
13. All notices required to be given under this lease to Lessor shall be
given at or mailed to Lessor, P. 0. Xxx 00000, Xxxxxxxxxxxx, Xxxxxxx 00000, or
at such other place as Lessor from time to time shall specify by written notice
to Lessee. All notices given under this lease to Lessee shall be given at or
mailed to Lessee, 0000 00xx Xxxxxx, Xxxxxxx, Xxxxxxx 00000, or at such other
place as Lessee from time to time shall specify by written notice to Lessor. Any
such notice properly mailed by United States Registered or Certified Mail,
postage and fee prepaid, or hand delivered, shall be deemed delivered when
mailed or when handed except that notices of rent due and open accounts shall be
mailed by regular United States Mail postage prepaid and shall be payable at
0000 X. X. Xxxxxxx 00 Xxxxx, Xxxxxx Xxxx, XX 00000.
SUCCESSORS AND ASSIGNS
14. In referring herein to Lessor and Lessee, the singular shall include
the plural and the use of the masculine gender shall be binding upon and inure
to the benefit of the parties hereto and their respective heirs, legal
representatives, successors and assigns. This lease shall constitute a Florida
contract and be construed according to the laws of that State.
SECURITY DEPOSIT
RADON GAS
16. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and
state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from the county public health
unit.
HAZARDOUS WASTE
17. Lessee represents and warrants that it will not, on or about the
premises, make, store, use, treat dispose of any (i) "hazardous substance" (as
that term is defined in the Comprehensive Environmental Response, Compensation,
and Liability Act, and the rules and regulations promulgated pursuant thereto,
as from time to time amended), or (ii) any other hazardous waste, containment,
oil, radioactive or other materials the removal of which is required or the
maintenance of which is prohibited, penalized or regulated by any local, state
or federal agency, authority or governmental unit provided however in the normal
course of business,
Lessee may store oil and lubricants in connection with the service
operation. Lessee shall handle in an expert like manner, comply with all
government rules and regulations and Lessee shall and hereby does indemnify and
hold Lessor harmless from and against any and all loss, damage, cost of cleanup,
expense, fees, claims, costs, and liabilities, including, but not limited to,
attorneys' fees and costs of litigation arising out of or in any manner
connected with the "release" or "threatened release" of "hazardous substances"
(as those terms are defined in the Comprehensive Environmental Response,
Compensation, and Liability Act and the rules and regulations promulgated
pursuant thereto, as from time to time amended), containments, oil, radioactive
or other materials from the premises or any portion or portions thereof, arising
out of or in any manner connected with Lessee's occupancy of the Premises.
ALTERATIONS REPAIR AND MAINTENANCE
18. Lessee may at any time during the term, with the written consent of
Lessor, make additions, alterations, or improvements to the premises as Lessee
may from time to time deem necessary or desirable; provided, however, that the
Lessee shall not have the right to make any additions, alterations, or
improvements that affect the structure, structural strength or outward
appearance of the premises . Lessee shall submit to Lessor complete and detailed
plans and specifications for such work at the time approval is sought. Lessor
may withhold approval in its absolute discretion. Any additions, alterations, or
improvements made to the premises shall
be in compliance with all insurance requirements and regulations and laws
of governmental authorities and shall, upon the expiration or sooner termination
of the lease term, become the property of Lessor; provided, however, Lessor may
at its option, require Lessee, at Lessee's sole cost and expense, to remove any
additions, alterations, or improvements at the expiration or sooner termination
of the lease term, and to repair any damages to the premises caused by such
removal. Lessee shall indemnify Lessor against, and shall keep the premises free
from any and all mechanics' liens or other liens arising from any work
performed, material furnished, or obligations incurred by Lessee in connection
with the premises, and agrees to discharge any lien which attaches as a result
of such work immediately after the lien attaches or payment for the labor or
materials is due. No mechanics', laborers, or materialsmen's lien arising from
any improvements made or work performed by or for Lessee shall attach to or
become a lien on Lessors s interest in the premises, but shall attach to and
become a lien only on Lessee's leasehold interest. Lessor hereby reserves the
rights at any time and from time to time during the lease term to make any
additions, alterations, changes or improvements (including without limitation,
building additional stores) to the building in which the premises are contained
as long as it does not interfere in good faith with Lessee's operation.
INDEMNIFICATION
19. (a) Lessee shall indemnify and hold harmless Lessor against and from
any and all claims caused by the Lessee in or about the premises or arising from
any act or negligence of the Lessee, or any officer, agent, employee, guest, or
invitee of Lessee, and from all costs, attorney's fees (whether at trial or on
appeal), and liabilities incurred in or about the defense of any such claim or
any action or proceeding brought thereon. If any action or proceeding is brought
against Lessor by reason of such claims, Lessee, upon notice from Lessor, shall
defend the same at Lessee's expense by counsel reasonably satisfactory to
Lessor. (b) Lessor shall indemnify and hold harmless Lessee against and from any
and all claims arising from Lessor's use of the premises or from the conduct of
its business or from any activity, work, or other things done, permitted or
suffered by the Lessor in or about the premises, and shall further indemnify and
hold harmless Lessee against and from any and all claims arising from any breach
or default in the performance of any obligations on Lessor's part to be
performed under the terms of this lease, or arising from any act or negligence
of the Lessor, or any officer, agent, employee, guest, or invitee of Lessor, and
from all costs, attorney's fees (whether at trial or on appeal), and liabilities
incurred in or about the defense of any such claim or any action or proceeding
brought thereon. If
any action or proceeding is brought against Lessee by reason of such
claims, Lessor, upon notice from Lessee, shall defend the same at Lessor's
expense by counsel reasonably satisfactory to Lessee. Lessor hereby assumes all
risk of damage to property or injury to persons in, upon or about the premises,
from any cause other than the Lessee's gross negligence or willful misconduct;
and Lessor hereby waives all claims in respect thereof against Lessee. Lessor
shall give prompt notice to Lessee in case of casualty or accidents in the
premises.
RULES
20. Lessee shall observe faithfully and comply strictly with the Rules and
Regulations, as Lessor may from time to time adopt for the safety, care and
cleanliness of the marina or the preservation of good order therein. Lessor
shall not be liable to Lessee for any violation of the Rules and Regulations or
for the breach of any covenant or condition in any lease by any other tenant in
the building. A copy of the current Rules and Regulations is attached as Exhibit
B. Lessee is exempt from paragraph 1 of Exhibit B except for its last sentence.
ATTORNEYS FEES
21. In the event of any action or proceeding brought by either party
against the other party under this lease, the prevailing party shall be entitled
to recover for the fees of its attorneys in such action of proceeding, including
costs of appeal, if any, in such amount as the court may adjudge reasonable as
attorneys' fees. Moreover,
if either party without fault is made a party to any litigation instituted
by or against the other, the other party shall indemnify the other against and
save it harmless from all costs and expenses, including reasonable attorneys'
fees, incurred in connection therewith.
LATE FEES AND INTEREST ON PAST DUE OBLIGATIONS
22. Any amount due from Lessee to Lessor hereunder which is not paid within
five (5) days of when due shall bear interest at eighteen (18%) from the fifth
day of when due until paid, plus a five percent (5%) late fee, if not received
by the fifth day of when due, but the payment of such interest shall not excuse
or cure any default by Lessee under this lease.
TIME OF ESSENCE
23. Time is of the essence with respect to the performance of each of the
Lessee's covenants of this lease and the strict performance of each shall be a
condition precedent to Lessee's rights to remain in possession of the premises
or to have this Lease continue in effect.
HOLDING OVER
24. Should Lessee continue in occupancy of the premises after the
expiration of this lease, Lessee shall become a tenant from month-to-month only,
upon each and all of the terms herein provided as may be applicable to such
month-to-month tenancy, and any such holding over shall not constitute a renewal
or extension of this lease. During such holding over, Lessee shall pay rent at
twice the monthly
rate provided for herein during the period immediately preceding the hold
over period.
PARTIAL INVALIDITY
25. Any provision of this lease which shall hold to be invalid, void or
illegal shall in no way affect, impair, or invalidate any other provisions
hereof and such other provisions shall remain in full force and effect.
BROKERS
26. Lessee warrants that it has had no dealings with any real estate broker
or agents in connection with the negotiations of this lease except as listed
below, and that it knows of no other real estate broker or agent who is or might
be entitled to a commission in connection with this lease, and Lessee agrees to
indemnify and hold Lessor harmless from and against any and all claims for any
such commissions.
WAIVER
27. No waiver by Lessor of any provision of this lease shall be deemed to
be a waiver of any other provision hereof or of any subsequent breach by Lessee
of the same or any other provision. Lessor s consent to or approval of any act
by Lessee requiring Lessor's consent to or approval shall not be deemed to
render unnecessary the obtaining of Lessor's consent to or approval of any act
by Lessee requiring Lessor's consent to or approval of any subsequent act of
Lessee, whether or not similar to the act consented to or approved. No act or
thing done by Lessor or by Lessor's agents during the term of this lease shall
be deemed an acceptance
of a surrender of the premises, and no agreement to accept such surrender
shall be valid unless in writing and signed by Lessor. No employee of Lessor or
of Lessor's agents shall have any power to accept the keys to the premises prior
to the termination of this lease and the delivery of the keys to any such
employee shall not operate as a termination of the lease or surrender of the
premises.
HEADINGS: LESSOR AND LESSEE
28. The article and section captions contained in this lease are for
convenience only and do not in any way limit or amplify any terms or provisions
hereof. The terms "Lessor" and "Lessee" as used herein shall include the plural
as well as the singular, the neuter shall include the masculine and feminine
genders and, if there be more than one tenant, the obligations herein imposed
upon Lessee shall be joint and several.
NO ESTATE BY TENANT
29. This lease shall create the relationship of Lessor and Lessee between
Lessor and Lessee, and no estate shall pass out of Lessor. Lessee has only a
usufruct, no subject to levy or sale and not assignable by Lessee except as
expressly provided herein.
ENTIRE AGREEMENT
30. This lease and the Exhibits (if any) attached hereto constitute the
entire agreement between the parties with respect to the subject matter hereof,
and no prior agreement or understandings with regard to any such matter shall be
effective
for any purpose. No provision of this lease may be amended except by an
agreement in writing signed by the parties or their respective successors in
interest.
GOVERNING LAW
31. This lease is made and accepted by the parties in the State of Florida,
with reference to the laws of such state and shall be construed, interpreted and
governed by and in accordance with the laws of the State of Florida. Lessee
agrees that Lessor may institute any legal proceedings with respect to this
lease of the premises in the Circuit Court of the county in which the premises
are located and submits itself to the jurisdiction of such court. If Lessee is a
corporation chartered other than in the State of Florida, Lessee acknowledges
and agrees that it is "doing business" in the State of Florida and appointed the
Secretary of State of Florida as registered agent.
SUBSTITUTION
32. If Lessor so elects, it shall have the discretion to substitute land
areas leased hereby, so long as Lessee 17 exposure.
OPTION
33. Provided the Lessee is not in default in the payment of rent or
performance hereunder, Lessee shall have the option to extend the term of this
lease by written notice to Lessor on or before September 30, 2002, for an
additional five years ending December 31, 2007 upon the same terms and
conditions except that the base rental shall be $5,170 per month, plus sales
tax.
RIGHT TO TERMINATE
34. Lessee or Lessor shall have the right to terminate this lease during
the five year option period (paragraph 33) by giving written notice ninety days
prior to the desired termination date together with a termination fee of
$10,000. In addition, Lessee shall pay the rent and other payments due to the
end of the early termination term.
ADDITIONAL PROVISIONS
35. (a) Lessee shall have an open account for gasoline and oil and shall
pay when due each month. Lessee shall receive a $.10 per gallon discount from
the posted price for all fuel purchases, provided it is paid for by the
fifteenth of the following month. (b) Lessee shall pay $330 plus sales tax per
month commencing February 1, 1998, for the duration of the lease in addition to
the base rent for three wet slips designated by Lessor on Dock A or substituted
from time to time hereof by Lessor. Lessee shall also pay for electricity if
utilized, by any wet slip occupied boat. (c) Lessor shall repaint the building
white on or before February 1, 1998. (d) Lessor shall build a new display dock
where the current one exists to the mutually agreed specifications and
dimensions, similar to the existing
dock.
(e) Lessor shall install additional fluorescent lighting in the showroom
area, as mutually agreed. (f) Lessee shall operate its maintenance department
(boat repair, boat wash down, or any maintenance work) in a clean and expert
workmanship manner. To do otherwise could result in a cancellation by Lessor of
this Lease. All areas must be kept clean of all debris and all environmental
records must be kept in accordance with County, State, and Federal government
requirements. Boat sales department shall operate in a way that will bring
credit to the parties hereto. Anything less would constitute a default under
this Lease. (g) If Lessor elects to develop new facilities (buildings, etc.) the
Lessee will agree to cooperate in that regard which may include relocating to
less square footage but comparable or better leased space with Highway 17
exposure at Xxxxxx'x Xxxxxx. The lease rate and other terms shall remain
unchanged. (h) Lessee understands Lessor may enter into a contract with a
billboard outdoor advertising sign company to construct and place a sign within
the leased area. (i) Lessor agrees to allow Lessee to charge gasoline and oil
purchases to an "open account". The Lessor shall xxxx the Lessee monthly and
Lessee
shall pay the account within five (5) days ("due date"). Lessee shall
receive a ($.10) per gallon discount from the posed rate at the pump. (j) Lessee
shall provide materially accurate financial statements prepared in accordance
with generally accepted accounting principles every six months commencing within
thirty days of June 30, 1998, and continuing every six months thereafter during
the term of the lease. (k) Lessee has the exclusive lease for retail boat sales,
parts and service. Lessor is not restricted from consigning and/or brokeraging
boats for its rental customers.
BOAT HOIST
36. Lessor has a boat hoist (crane) located within the area leased to
Lessee. Lessor is not sure of the origin or structural integrity of the crane
and ordered an inspection of said crane prior to getting it "OSHA" certified.
The inspection was performed by Helmco Industrial Equipment Inc. Their report,
dated 3/1/95 is provided. Lessor elected (based on this report) not to use or be
responsible for crane. However, Lessee may use provided it accepts full
responsibility for said crane and continue to use it for light duty work. As a
consideration for Lessee's use of the crane: (a) Lessor is hereby released from
any and all responsibility for the maintenance of said crane.
(b) Lessee agrees to indemnify and hold Lessor harmless for any and all
claims, liabilities, injuries, damages to any person or property, including
Lessor's property and employees, arising out of the use and operation of the
crane, including the hoist and related equipment and straps, caused by any
reason whatsoever, including court cost and attorneys' fees incurred by the
Lessor in defending any action or claim brought against the Lessor. (c) Lessee
agrees to maintain the crane in at least its present condition during the term
of the lease ordinary wear and tear excluded and to return the crane to the
Lessor in at least the present condition at the end of the term or any
extensions. (d) Should Lessee decide to upgrade said crane, it shall be at
Lessee's sole expense. Any upgrades must be approved in
writing by Lessor. However, said upgrade approved shall not alter the
intent or terms above.
IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease as
of the day and year first above written.
Signed, sealed and delivered in LESSOR
our presence: DOCTORS LAKE MARINA, INC.
Xxxx Xxxxxxxxx
Vice President
/s/ Xxxx Xxxxxxxx
LESSEE BOAT TREE INC.
/s/ D.B. Clicet
Xxxxxx Xxxx
President
DOCTORS LAKE MARINA
RULES AND REGULATIONS
In an effort to provide an inviting atmosphere for Vessel Owners CoOwners) using
space at Doctors Lake Marina (~Manna') the following rules and regulations are
provided for your protection. Your, cooperation in observing the following rules
will be appreciated.
I. Al) VERTISING: Advertising or ~moljoitina of sales or leases of any
vesagI. appurtenances or propertY of whatever type shall not be permitted on any
vessel within the Marina without prior written approval ot Manna. All t'or sate
~.lgni must be approved by the Manna. Neither the vessel nor Marina's address
shall be used for business purposes. The Marina is authorized to remove any non
approved sign from the vessel or slip without notice to Owner. Similarly, owner
may not aflix or attach by screws, nails, bolts or any other object any article,
fixture, or equipment to the docks without the prior written permission of the
Marina.
2. CHECKING OUT: All owners shall leave a forwarding address prior to
leaving the Marina. All personal property must be removed when slip rental is
terminated. Owners leaving for an extended cruise shall notify Marina.
3. FIRES: Causing or permitting charcoal or any type of fire or the
maintenance of any other dangerous conditions, as determined by the Manna, on
the docks or on the vessels is prohibited.
4. WASTE: Refuse of any kind shall not be thrown overboard. Waste shall be
deposited in receptacles supplied for that purpose. No person shall discharge
oil, spiiits, inflammable liquid(s) treated or untreated sewage, oily bilges, or
contaminants of any kind into the Marina or Doctors Lake.
5. IMPROPER DISPLAYS: Laundry shall not be hung on vessels, docks, or
finger piers in the Marina.
6. NOISE: Noise shall be kept to a minimum at all tunes. Owners and guest
shall use discretion in operating engines. generators, radios and televisions
sets, etc. so as not to create a nuisance or disturbance. 7 PARKING: Daily users
of the parking lot will be allowed one parking space per slip. All trailers must
be parked in designated trailer parking area. Absolutely NO PRIVATE AUTOMOBILES
are allowed in the Manna Dry Storage Lot.
8. PETS: Pets shall be leashed within confines of the Marina and toileted
on grass areas. Pets shall not bc permitted to disturb the other Owners.
9. TRAILERS: All trailers must have xxxx, winch and all must be in good
working order before Manna will launch or retrieve vessel.
10. Owners shall keep his vessel clean and orderly at all times.
11.RAMPS: Absolutely NO CUSTOMERS OR PRIVATE INDIVIDUAL shall attempt to
launch or retrieve a vessel without Marina approval.
12. REPAIRS ON DOCKS: Painting, scraping, or repairing of vessel or gear
shall not be permuted on the docks or finger piers. The extent of repairs and
maintenance which shall be permitted shall be at the sole discretion of the
Marina.
13. STORAGE ON PIERS: Owners shall not store supplies, materials, tenders,
dinghies, skiffs, accessories or debns on walkway, and shall not construct or
place thereon, any lockers, chests, cabinets or similar structures, except with
the prior written approval of the Marina. All dock boxes must be approved by
Xxxxxx xxxxx to installation.
14. GATES: Any time Owners enter or leave the Marina after normal Marina
operating hours, owners shall close and lock gates immediately after entry or
departure, regardless of how short a period the Owners anticipate being at the
Marina. This is for all Owner's and the Marinas protection.
15. No Non-fitted tarps, canvas or poly tents or temporary vinyl covers
shall be used to cover boats at any time.
16. COMPLIANCE: Owner shall comply with all city, county, state and federal
laws and regulations.
17. DRY STORAGE; Customers who desire to stay in the water overnight,
understand that space restrictions dictate that the Marina must have complete
control of this request.
18. MODIFICATION: Marina reserves the right to alter, amend, modify or
revoke any of these Rules and Regulations at any time in its sole discretion
which change shall be effective upon posting in Marina office.