Marina Dry Storage Request Form

HIDDEN LAKE PROPERTY OWNERS ASSOCIATION (HLPOA)

CAROLINA TRACE, SANFORD, NC 27332

BOAT DRY STORAGE AGREEMENT

This Boat Dry Storage Agreement (“the Agreement”) is entered into on the date set out below, by and between Hidden Lake Property Owners Association (HLPOA), herein after known as “Grantor”, and the Hidden Lake resident boat owner(s) listed below, herein after known as “Grantee(s)” and is subject to the Terms and CondiDons below (“the Terms”). The Agreement is valid unDl rescinded by Grantor or Grantee(s) in accordance with the Terms attached. Note: Grantee(s) should maintain a copy of this document for their files.

Terms and Conditions for the Boat Dry Storage Agreement

  1. This agreement is for the use of the dry storage areas at the Hidden Lake Marina. Once executed Grantee(s) has 30 days to place the Boat in the assigned area or the Agreement is null and void.

  2. The Dry Storage space assigned to the Grantee(s) will be used to house the boat(s) described on the Signature page and for no other purpose. If the Grantee(s) changes boats, a new agreement will be executed. Grantee(s) may have no more than two (2) boats in the Dry Storage area.

  3. This Agreement is not transferable.

  4. If Grantor decides to make changes to this Agreement, then the changes must be sent to the boat owners, giving them 30 days for their review and suggestions, prior to the final adoption of said changes. The new Agreement will be sent to Grantee(s) to review and sign within 30 days.

  5. The Grantor, under the terms of the Agreement, allows the Grantee(s) to dock or store a boat (or boats) at the Hidden Lake Dry Storage Area until:

    a) The Grantee(s) sells the boat(s) to another Hidden Lake resident (or residents). The new boat owner(s) will be allowed to retain the Dry Storage space upon the execution of a new Boat Dry Storage Agreement. The new owner(s) will have 30 days to either sign the Agreement or to remove the boat(s).

    b) The Grantee(s) sells the boat(s) to a person not residing in Hidden Lake. In this case, the Grantee must require the new boat owner(s) to move the boat out of the Dry Storage area within seven (7) days.

    c) Grantee(s) moves out of Hidden Lake and is no longer a Hidden Lake resident. In this case, the Grantee(s) must move the boat(s) out of the Dry Storage area within seven (7) days.

    d) Grantee(s) no longer needs to dock or store the boat(s) in the Dry Storage area. He/she must move the boat out of the HL Marina within seven (7) 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 boat will be removed by a third party per the Grantor’s request and at the Grantee’s expense. This expense may be charged as an assessment against the Grantee(s) lot(s).

  6. For the use of the Dry Storage space, the Grantee(s) agrees to:

    • a)  Keep the boat(s) in operational condition.

    • b)  Clean/power wash the boat exterior at least twice a year, washing off all mold and algae.

    • c)  Check/inspect boat exterior/interior once per year for boat maintenance and or repairs.

    Failure by the Grantee(s) to do one or more of the items specified above is a violation of the Agreement. In such a case, the Grantor will give written notice to the Grantee(s) of the violation(s) and give the Grantee(s) 30 days to correct the violation(s). If the Grantee(s) do not correct the violation(s) within the 30 days, then the Grantor will give the Grantee(s) a wriKen notice directing the Grantee(s) to have the boat(s) moved out of the dry Storage area within 31 days. If the Grantee does not move the boat(s) then the boat(s) will be removed by a third party per the Grantor’s request and at the Grantee’s expense. This expense may be charged as an assessment against the Grantee(s) lot(s).

  1. The Grantor may at any time visually inspect the boats in the Dry Storage area.

  2. The Grantor may not impose or charge a fee for the use of the Dry Storage unless Grantee(s) fail to comply with written notice to remove boat from dry storage area. In such a case, the Hidden Lake Board of Directors may impose fines in accordance with the Hidden Lake covenants.

  3. The Grantor assumes no responsibility for the safety of any boat(s) in the Dry Storage area and will not be liable for fire, the, or damage to said boat(s), its equipment or any property on said boat. Grantor will be responsible for maintaining the Dry Storage area as outlined in the HL POA By-Laws, Article 6, Sections 3 and 4. Boat owners should report any appearance or maintenance issues with the Dry Storage area to the Grantor.

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

    Grantor assumes no responsibility for damage or loss of boats stored at the marina or personal items caused by severe storm, flood, fire, hail, frost, ice, lightening, tornado, wind, water, explosion, theE, 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.

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

  2. 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 discreDon in maintaining a low level of sound as it relates to all boaDng acDvity in the Marina area.

In summary, any violation of the above rules and regulations of the Dry Storage area by Grantee(s) or Grantee’s guests may, at the Grantor’s discretion and option, result in termination of this Agreement and of all rights of the Grantee(s) hereunder in accordance with the procedures set out above.

By signing, the Grantee(s) verify that Grantee(s) has read and agree to all terms and conditions of the Hidden Lake Property Owner’s Association (HLPOA) Boat Dry Storage Agreement.

Grantor shall provide a copy of the signed agreement to the Grantee(s).

 

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