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Caney Creek Marina Lease Agreement

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CANEY CREEK RESORTS, LLC/DBA CANEY CREEK MARINA LEASE AGREEMENT

(Annual or Semi-Annual)

Caney Creek Resorts, LLC (Lessor), hereby agrees to lease to (Lessee and boat owner), subject to all of the terms, and conditions of this agreement herein, one boat slip or buoy in the water at Caney Creek Resorts, LLC (hereinafter Marina), for the following described boat;

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Holding Tank:
Registration #
Insurance Information:
- Insurance Company Name:
- Agent:

Term. The term shall commence upon and expire . At expiration of this term, lease shall automatically renew on a year to year basis upon the same terms and condition as herein, (excepting published rental rate changes), unless either party gives prior written notice, 30 days before the renewal date, of his/her intent to not renew this agreement. Removal of any boat from the premises shall not terminate this agreement or any other obligation hereunder. This lease agreement may not be subleased or assigned. Upon lease termination per terms herein, Lessee hereby agrees to promptly remove boat from the premises. Any holdover without written permission shall incur, and lessee agrees to pay, double the rental provided hereunder until removed. Under no circumstances will there be a pro rata refund on any monthly payment and any part of the month shall be considered as a whole month.

Rent. Lessee agrees to pay a monthly lease payment of due and payable in advance on the 1^st day of each month. Any payment not received by the 10^th day of the month due, may result in a late charge of $20.00. If Rental or other payment due is not received within 30 days of due date, Lessee hereby permits the Lessor to charge the rental due to the credit card listed as VISA/MC/AMEX/DISCOVER No. , Exp. Date (3-digit #) and/or may subject the owner’s boat to being removed, secured or sold per Tennessee Code. In lieu of credit card number above, a security deposit of is hereby acknowledged as paid and will be returned upon final payment of all amounts due at the end of lease. There will be a $35.00 NSF fee for each returned check from the bank.

Insurance. Lessor requires, and Lessee agrees to carry hull insurance coverage and general liability insurance with a minimum coverage per incident or $300,000 while boat is moored at the Marina. (Within this document, “Marina” is defined as; all property, owned, leased, or controlled by Lessor and area within the “harbor limits: as shown on TVA maps). Lessee shall furnish certificate of insurance within 15 days of this lease commencement; or at the sole option of Lessor, this lease shall become null and void. Lessee shall forever protect, hold harmless, and indemnify Lessor against all claims or liabilities of any kind caused by, or to the owner, owners boat or other property, including personal injuries, death, or the loss, damage or theft, or other property that arises directly or indirectly from the use or storage of boat(s) or other property at the Marina, including those caused unintentionally by Lessor, unauthorized users; acts of God, wind, rain, ice, snow, freezing conditions, lake fluctuations, wake, fire, or resultant infrastructure failure; acts or omissions of Lessee, his agents, employees, other lessees, or any other cause (excepting international misconduct), while being stored or moved within the Marina. Lessee authorizes lessor, its agents or employees to move Lessee’s boat for safety or other marina operations. Lessor does not carry insurance covering the property of the lessee. Lessees moor at their own risk!

Discharge. It is contrary to local, State, and Federal laws to discharge any chemical, household gray water, or sanitary waste (treated or untreated) within the harbor limit. Lessee agrees to abide by, and have his boat adhere to, all Federal, State, local, TWRA, TVA, and Corp of Engineers laws, regulations, rules, and statutes, including FWPCA (marine toilet) regulations and requirements. Lessor shall have the right, but not the obligation, to inspect all boats/boathouses in the marina to determine compliance with the above requirements or vessel’s seaworthiness. Lessee agrees to remove his vessel immediately from the Marina at his own expense, if found by Lessor to be in violation of any of the above laws, or otherwise in an unsafe, non navigable, or unseaworthy condition and to indemnify Lessor for any liability or fines incurred because of such violations. All discharges within harbor limit area are prohibited! We provide holding tank pump-out facilities for your use. See also rule no 11 below.

Terms. Lessee(s) agree that they and their guest(s) shall at all times agree to and will adhere to the following while within the harbor limits, premises, or close proximity of the Marina. Lessee’s violation of the articles below shall allow Lessor to terminate this lease with 30 days notice; and where health, safety, or water quality, or regulatory issues are concerned; allow Lessor to request Lessee’s immediate removal from the Marina, and Lessee hereby agrees to comply with such request.

No boats shall be fueled, repaired, or cleaned with chemicals while in slip area. No mechanic craftsman, or other person shall be allowed at the Marina without prior approval of Lessor for each visit; each showing evidence of adequate General Liability and Workmen’s Comprehensive Insurance coverage. Gasoline not allowed on docks.
Lessee shall not leave any rubbish, articles, or supplies of any kind on the walkways serving docks.
Pets must be attended. You must clean up after your pet anywhere on the premises. Pets may be prohibited as necessary.
One boat shall reside in designated slip unless otherwise approved by Lessor for an extra charge. Lessee shall not modify or add to dock or boathouse in any manner without written consent from Lessor.
Within the harbor limits or immediate areas of approach, boats shall be operated at idle speed; no swimming, skiing, or diving allowed in these areas. Fireworks or firearms shall not be displayed or discharged at the marina.
Lessees and their guests shall not engage in any disorderly behavior; and will not create annoying noise, or smells within the harbor area at any time. Lessor retains the right to regulate annoying activity at the marina. A state of general quietness shall be observed between the hours of 11:00pm and 7:00am.
Slip assignment or parking arrangements may change remaining the prerogative of the Lessor throughout term of this lease, for the overall efficiency of operation; however we will attempt to accommodate Lessee’s desires when possible. Overnight parking of vehicle at Marina requires notification to, and written permission of, Lessor. Unidentified, unauthorized or misparked vehicles will be subject to surcharge or towing.
In the event that a mechanical defect or emergency places the property of the lessee or any other lessee’s property in danger, lessee grants Lessor the right, but not the responsibility, to take such action as Lessor, in its sole discretion, deems necessary to safeguard any property located within the marina. Lessee agrees to pay Lessor for any and all reasonable expenses, which Lessor incurred on behalf of lessee.
Lessee shall pay as additional rent, any separately metered electrical service. Surcharges may be charged for certain services, utilities, or multi-vehicle parking at discretion of Lessor.
Waste receptacle is for tenant’s normal household type garbage only. Chemical, engine parts, and debris shall be removed from the premises by the owner or his contractor. Mechanics that spill or leave used oils or other waste on marina site will be denied future access to the marina. There will be no leniency regarding this provision!
The opening or discharge within the harbor limit of any regulated materials, paints, thinners, solvents, waste, sewage, or petroleum products of any type or in any amount, and all other activity negatively impacting water quality is prohibited!
No “For sale” signs, advertising, soliciting, business operation will be allowed on marina property. For security reasons, known Brokers or boat owner shall accompany any prospective purchaser on dock to view boat.
Owners of boats over 70 feet long shall be responsible for determining need and providing additional anchoring sufficient to mitigate damage to other boats or dock caused by wind or current.
In the event of any breach of this agreement by lessee, lessee agrees to pay for any and all legal costs, including attorney fees, for Lessor to collect money due from lease. Also, the lessee agrees to pay any and all reasonable expenses itemized by the Lessor, as a result of damage or injury to any property or personnel of the Lessor, and other individuals on or about the Lessor’s premises for which the Lessor might be liable, including any and all reasonable investigation and legal expense incurred by the Lessor as a result of lessee’s or it’s guests activities; and to pay attorney fees incurred by the lessee’s refusal to pay such itemized expenses after written demand by the Lessor.

These rules and conditions may be amended from time to time as deemed desirable by the Lessor; or as necessary for compliance with pertinent laws, regulations, ordinances; or the safe and efficient operation of the Marina. It is our desire to allow you the most safe and pleasurable experience possible at Smithbilt Marinas, LLC. Please send all remittances and correspondence to the address below.

Lessee:

Address:

Phone:

Email:

Emergency Contact Name:

Emergency Contact Number:

Place of Employment:

Driver's License #

Lessor: Preserve Marina, LLC

Preserve Marina, LLC

201 Broadberry Ave.

Oak Ridge, TN 37830

Phone: 865-

Fax: 865-

harbormaster@preserve

Office use only: (check below)

o Driver’s License Copy

o Security Deposit equal to 1 months rent

o Copy of insurance with $300k min. liability

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01/07/2019 2:24 pm EDT

Caney Creek Marina Lease Agreement Uploaded by Doug Phillips - reed@southlandco.com IP 75.148.61.106

01/07/2019 2:38 pm EDT

Reed Smith - reed@southlandco.com added by Doug Phillips - Doug@caneycreekresort.com as a CC'd Recipient Ip: 173.164.25.169

01/07/2019 2:39 pm EDT

Reed Smith - reed@southlandco.com added by Doug Phillips - Doug@caneycreekresort.com as a CC'd Recipient Ip: 173.164.25.169

01/07/2019 3:16 pm EDT

Reed Smith - reed@southlandco.com added by Doug Phillips - Doug@caneycreekresort.com as a CC'd Recipient Ip: 173.164.25.169

01/07/2019 3:20 pm EDT

Reed Smith - reed@southlandco.com added by Doug Phillips - Doug@caneycreekresort.com as a CC'd Recipient Ip: 173.164.25.169