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That the Canyon Lake POA owns, operates and maintains an Anchorage or Landing at the Lodge Marina, 22200 Canyon Club Drive, Canyon Lake, for the rental of space to boat owners and operators, and for its own use and benefit in the operation of its various services, but is not engaged in the business of public wharfing.
The Member agrees to pay the Canyon Lake POA in advance, at the time this Anchorage Rental Agreement is executed as rental of space for the 2021-2022 Fiscal Year of the following described boat; and further agrees in consideration of the use of said space, to abide by all of the Covenants and Conditions hereof.
This Agreement is for the rental of space only, such space is to be used at the sole risk of the Member of said boat, Member’s guests and invitees, and the Canyon Lake POA shall not be liable or responsible for the care or protection of the boat (including her gear, equipment and contents) for any loss or damage of whatever kind or nature to said boat, her contents, gear or equipment, or to Member or any of Member’s guests or invitees howsoever occasioned. There is no warranty of any kind as to the condition of floats, walks, gangways, ramps or mooring gear, nor shall the Canyon Lake POA be responsible therefore, or for any injuries to persons or property occurring thereon or for any other reason, whether herein specifically stated or not.
Member may remit payment to Canyon Lake POA for the rental charge by making a single annual payment at the beginning of the year, or alternatively by registering with APS to have monthly payments and installment fees charged to his/her bank account automatically by means of ACH on a monthly basis. Funds from your bank will normally be withdrawn on the 1st day of the month. In the event the 1st occurs on a weekend on holiday, the funds will be withdrawn on the first business day immediately following the 1st. Payment in full is required for the four month program.
In the event the Member becomes delinquent on the rental charge for any reason, the Canyon Lake POA shall provide 15 day written notice to remit payment. Failure to remit payment within the 15 day notice period will result in termination of this agreement.
ACKNOWLEDGEMENT OF CONDITIONS
Member agrees to hold the Canyon Lake POA harmless and to indemnify Canyon Lake POA for all loss, damage or liability of any kind or claimed by a reason of any act or failure to act on the part of the Member or his agents, employees, guests or invitees or on the use of the mooring space for the boat.
Member agrees to provide a certificate of insurance for the above listed boat that includes the following information: Prime Member on Title/Eligible Lessee as named insured. Policy number and expiration date of policy. Description of boat insured. $300,000 minimum liability coverage per occurrence. Canyon Lake POA named as an “Additional Insured” or similar term with our full address of: 31512 Railroad Canyon Rd., Canyon Lake, CA 92587 included on this part of the policy.
Termination of this Anchorage Agreement by the Member is permitted provided the Member submits a request in writing 15 days prior to their desired Cancellation Date. Member is responsible for removing the vessel from the slip and returning any key(s) issued for gate access by the Cancellation Date. Refunds for prepaid fees will be pro-rated.
Canyon Lake POA TERMINATION
This Agreement may be terminated by the Canyon Lake POA for violation of the Anchorage Rental Agreement, failure to pay the rental charge, more than 2 delinquencies during the Fiscal Year, or any other rules or Restrictions governing the use of the slip by Member. Said termination shall be written notice no less than ten (10) days prior to termination date. Said notice shall be deposited postage pre-paid in the United States mail addressed to the Member at the mailing address listed on file. No refund of any rental fee shall be given by the Canyon Lake POA to the Member.
Upon termination, the Member must remove the boat from the dock slip by the identified termination date. The Canyon Lake POA has the right to tow any boat in the rental slip which has not been removed by the termination date. Member/member responsible will be liable for the expense related to the towing of said vessel.
ENFORCEMENT AND LEGAL FEES
It is the intention of the Parties that the internal laws of the State of California (irrespective of its choice of law principles) shall govern the validity of this Agreement, the construction of its terms and the interpretation and enforcement of the rights and duties of the parties under this Agreement. Venue for any action arising out of this Agreement shall only be proper in the Riverside County Riverside, California.
The Parties agree that should any dispute arise between them or should any legal action be brought to enforce or interpret the Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs incurred in resolving any such dispute or enforcing or interpreting the Agreement. Costs shall include necessary disbursements and expert witness fees.
If any provision of this Agreement or the application thereof shall for any reason and to any extent be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall be interpreted so as best to reasonably effect the intent of the Parties to this Agreement. The Parties further agree to replace any such void or unenforceable provision of this Agreement with a valid and enforceable provision which will achieve, to the fullest extent possible, the economic, business and other purposes of the void or unenforceable provision.
Each and all of the covenants, terms, provisions and agreements contained herein shall be binding upon and shall inure to the benefit of the permitted successors, executors, heirs, representatives, administrators and assigns of the Parties to this Agreement.
A waiver of any condition by the Canyon Lake POA shall not be deemed to be a continued waiver. No waiver of any other provisions or breach of this Agreement shall be deemed a waiver of any other provisions hereof or any subsequent breach by the other party of the same or any other position. Any provision of this Agreement determined to be invalid in no way should effect any other provision hereof.
This Agreement, together with any Exhibits attached hereto and amendments, constitutes the entire understanding and agreement of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the Parties with respect to this Agreement. The express terms hereof control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof.
Failure to adhere to the above requirements may result in legal action.
No amendment to this Agreement shall be valid unless it is in writing and executed by both Parties.
One (1) key for the CLPOA Anchorage Dock Rental entrance gate is included at no charge. Upon non-renewal, termination, or cancellation of this agreement the key must be returned to the
Canyon Lake POA’s Member Services department immediately. Failure to return the key will result in a non-returned item fee of $100. Duplication of this key is ILLEGAL and will result in a fine of $100.
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