Marina Docking Request Form

HIDDEN LAKE PROPERTY OWNERS ASSOCIATION (HLPOA)

CAROLINA TRACE, SANFORD, NC 27332

MARINA BOAT DOCKING/STORAGE AGREEMENT 

This agreement is entered into on the date indicated below, by and between Hidden Lake Property Owners Association (HLPOA), herein after known as “Grantor”, and a Hidden Lake resident boat owner(s) as listed below, herein after known as “Grantee(s)”, and is subject to the terms and conditions attached. The Marina Boat Docking/Storage Agreement is valid until rescinded by Grantor or Grantee(s) for just cause per the Terms and Conditions attached. Note: Boat owner(s) should maintain a copy of this document for their files. 

Terms and Conditions for the HLPOA Marina Docking Agreement

  1. The privilege of docking a pontoon boat or storing a small boat (canoe, kayak or other similarly sized boat) in the Marina is available only to those Hidden Lake property owners who live in Hidden Lake. 
  2. Eligible property owners may not have more than one boat in the Marina at a time without the express permission of the Hidden Lake Board of Directors (“HLBOD”). 
  3. No boat docking/storage space shall be reserved until the Grantor receives the signed Marina Boat Docking/Storage Agreement (“Agreement”).
  4. The Marina boat docking/storage space assigned to the Grantee(s) shall be used to house the boat described on the Signature page and for no other purpose. If the Grantee(s) changes boats, a new Agreement must be executed. Grantor reserves the right to change the docking/storage assignments at any time. 
  5. The Agreement is not transferable. Any Hidden Lake property owner who lives in Hidden Lake who purchases a boat already docked or stored in the marina must sign a new Agreement.
  6. If Grantor(s) and/or the HLPOA BOD suggest changes to this Agreement, then the suggested changes must be sent to the Marina boat owners, giving them 10 days for their review and suggestions, prior to the HLBOD finalizing a new Docking Agreement for Boat Owner(s) Grantee(s) to review and sign. 
  7. The Grantor, under the terms of the Marina Boat Docking/Storage Agreement, allows the Grantee(s) to dock or store his/her boat at the Hidden Lake Marina until:

a)  The Grantee sells his/her boat to another Hidden Lake resident(s). The new boat owner(s) will be allowed to retain the Docking/Storage space once a new Agreement has been executed. New owner will have 30 days to sign new agreement or remove the boat. 

b)  The Grantee(s) sells his/her boat to a person not residing in Hidden Lake, then the Grantee must require the new boat owner(s) to move the boat out of the HL Marina within 30 days. 

c)  Grantee(s) moves out of Hidden Lake and is no longer a resident property owner. He/she   must move the boat out of the HL Marina within 30 days.

 d)  Grantee(s) no longer needs to dock or store his/her boat in the Marina. He/she must move the boat out of the HL Marina within 30 days. 

If the Grantee(s) do/does not comply with one or more of the items in 5 a-d above or fails to make arrangements with the Grantor to correct the problem within the allotted time, then the HLBOD may impose fines against the Grantee and/or have the boat  removed by a 3rd party  at the Grantee’s expense. The fines and moving expense may be charged as an assessment against the Grantee(s) lot(s).

8. For the use of the dock/storage space, the Grantee(s) agrees to:

a)   Keep the boat in operational condition.

b)   Clean/power washes the boat exterior, at a minimum, twice a year, washing off all mold and algae. Check/inspect boat exterior/interior once per year for boat maintenance and or repairs. 

c) Keep boat interior clean of debris (leaves, pine needles/cones, trash) by cleaning at least once every month during operational months (March-October) and once every two months (November-February), weather permitting, to maintain an acceptable appearance. Anything stored on your boat (chairs, safety equipment, etc.) must be maintained in a neat and orderly fashion. 

d) Grantee(s) is responsible to pay or repair for any damage to dock, electrical infrastructure, or storage area that he/she causes that is beyond normal use.

e) Any Marina dock/storage area appearance problems should be reported to the Grantor. 

If Grantee(s) is negligent and has not kept up the appearance of his/her boat in one or more of the ways specified above, then the Grantor will give written notice to the Grantee(s) of the discrepancies and give the Grantee(s)  15 days to correct the noted discrepancies. If the Grantee(s) fail to correct the noted discrepancies within the 15 days, the Grantor will give the Grantee(s) a second written notice requesting the Grantee(s) to have his/her boat moved out of the Marina within 30 days. If the Grantee does not move the boat in the time allowed, then the HLBOD may impose fines against the Grantee and/or have the boat removed by a 3rd party at the Grantee’s expense.  The fines and moving expense may be charged as an assessment against the Grantee(s) lot(s). 

The Grantor may at any time visually inspect the boats and storage areas and report any problems to the HLBOD for resolution. 

9. The Grantor may not impose or charge a fee unless:

a) Grantee(s) is found to have damaged the dock or electrical infrastructure intentionally or due to negligence. 

b) Grantee(s) has failed to comply with a written notice to remove the boat from the dock or storage space.

c) The fee is solely for the purpose of defraying costs including, but not limited to,  electric bills resulting from having boats docked or stored at the Marina.

10. The Grantor assumes no responsibility for the safety of any boat docked/stored in the marina and will not be liable for fire, theft, or damage to said boat, its equipment or any property on said boat. 

Grantor will be responsible for maintaining the Marina dock/storage racks as outlined in the HL POA By-Laws, Article 6, Sections 3 and 4. 

Grantor shall be held harmless from any and all liability for property damage or personal injury to Grantee(s), Grantee’s family members or other guests during the term of this Agreement resulting from carelessness, negligence, or improper conduct on the premises. 

Grantor assumes no responsibility for damage to or loss of boats docked/stored at the marina or personal items caused by severe storm, flood, fire, hail, frost, ice, lightening, tornado, wind, water, explosion, theft, malicious mischief, animal damage, vandalism, or other hazards or casualty. In the event of a severe storm or flood, the Grantee(s) is solely responsible to take all emergency measures possible, and the Grantor does not assume any responsibility for said protection and/or damage to the Grantee’s boat.

11. The Grantee(s) agrees to take full responsibility for the guests he/she invites to his/her boat.

12. Grantee(s) understands that no professional services (for example:  mechanical, fiberglass, or canvas repair work) will be allowed upon Grantee(s) boat while it is docked/stored at the Marina without written approval from the Grantor.

13. The Marina quiet hours are from 10 PM to 7 AM. Grantee(s), when using his/her boat during said quiet hours for any reason, shall use discretion in maintaining a low level of sound as it relates to all boating activity in the Marina. 

14. No open flames of any kind will be allowed on Grantee(s) boat while it is docked/stored at the Marina.

15. Grantee(s) shall accompany small children at all times on his/her boat in the Marina. Although not a requirement, for maximum safety it is strongly urged that children under 10 years of age wear a coast guard approved PFD (life vest) when on the Grantee(s) boat in the Marina.

16. Any infraction of the above rules and regulations of the Marina by Grantee(s) or Grantee’s guests or any breach of the provisions Paragraphs 7 and 8 of this Agreement, may, at the Grantor’s discretion and option, result in the immediate termination of this Agreement and of all rights of the Grantee  in addition to the penalties set out above. 

By signing this Agreement, the Grantee(s) indicate(s) that he/she has read and agree to all terms and conditions of the Agreement. The Grantor shall provide a copy of the signed Agreement to the Grantee(s).


Grantee(s) Personal Information and Signature(s):