Dock Lease (DT063275.DOC;3)

OFFICE USE ONLY

Name: ___________________

Phone: ___________________

Date Sent: ________________

Date Returned: ____________

Dues Paid: _____________

Dock Rent Paid: _________

Sticker Sent: ____________

Park number: ___________

LOCH ERIN PROPERTY OWNERS ASSOCIATION

DOCK SLIP AGREEMENT

(EFFECTI= VE JANUARY 2005)

&nb= sp;

THIS AGREEMENT, made this _____ day= of _______________, 2005

By and between LOCH ERIN PROPERTY OWNERS ASSOCIATION, a

Michigan non-profit association (“Licensor”) and

&nb= sp;

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        =             &nb= sp;            =

        =             &nb= sp;            =             &nb= sp;            = (“Licensee”)

___________________________________= ___________________

RECITALS:

A.      =             Licensor is a property owner association whose purpose i= s to establish policies and regulations for furthering the use and enjoyment of = Loch Erin Lake. Licensor maintains moorage facilities for privately owned boats.

B.      =             Licensee is a Loch Erin Property Owner Association membe= r in good standing who desires to use dock space for the docking of a boat at Lo= ch Erin Lake.

C.      =             Licensor and Licensee are relying upon the covenants, promises, conditions, representations and warranted of each other and would= not enter into this License Agreement but for such covenants, promises, conditi= ons, representations and warranties.

NOW, THEREFORE, and in consideratio= n of the mutual covenants and promises herein contained, the parties hereto agre= e as follows:

1.         = Grant of License.    Licensor hereby grants= to Licensee a non-exclusive license to use dock space number ____ (the “= Dock Space”), subject to all the terms and conditions of this Agreement and the rules and regulations of Loch Erin Park and the Loch Erin Property Owne= rs Association, as such rules are amended from time to time. Licensor may reassign dock spaces = to and among Licensee and other licensees, at its sole discretion, upon 10 days notice.

2.         = License Purpose.     The Dock Space m= ay be occupied and used by Licensee solely for boat docking and for incidental purposes related to such boat docking of the following boat (the “Boat”):

&nb= sp;           State Registration Number (MC #); ________________________________

        &= nbsp;   Craft Type: ___________________________________________________=

&nb= sp;           Leng= th: ______________________________________________________

        &= nbsp;   Insurance Carrier: _____________________________________________

Insurance Policy Number: _______________________________________        =         =             &nb= sp;

**CURREN= T BOAT REGISTRATION MUST BE ATTACHED TO THIS AGREEMENT –even if previously provided**

No other watercraft or items, other than the Boat, shall be docked, stored or left standing at or around the Do= ck Space or on property owned, maintained or controlled by Licensor. Further, = off season storage of boats, PWCs, their trailers, lifts and related recreation= al equipment by the licensee, in a Loch Erin Park, is prohibited.

3.      =              = Term of License.   The License term shall comme= nce on the date hereof and shall continue until the earlier of (1) December 31, 20= 04; (2) the date the Loch Erin Property Owners Association determines is appropriate to remove the docks and Dock Spaces and/or the seasonal ceasing= of dock usage; or (3) as provided in paragraph 7 of this agreement.=

4.      =              = License = Fee.   Licensee shall pay Licensor = for this License the sum of one hundred ($100.00) dollars payable in advance or= on the date of this Agreement.

5.      =              = Insuranc= e.   Licensee agrees to secure and maintain during the term of this License Agreement a policy of complete mar= ine insurance including property protection and indemnity liability with Licens= or, its officers, directors, limits of not less than One Hundred Thousand ($100,000) dollars per occurrence naming Licensor, its employees, and agent= s as additional named insured, with waiver of subrogation with respect to Licens= or.

6.      =              = Covenant= s by Licensee. Licensee agrees as follows:

a.      =              That at all times the Boat is or may be used or docked at the Dock Space it shall be used solely for pleasure by Licensee or their immediate family (accompanied by Licensee) and will not be used in any commercial activity or undertaking. Licensee shall not use the Dock Space for sun bathing or picnicking purposes.

b.      =              Licensee will not store or leave any gear, equipment, materials or property of an nature on floats, landings or other of the Lice= nsor other than the docking of the Boat at the Dock Space;

c.      =              Licensee will comply with all applicable rules, regulati= ons and instructions of Licensor and Loch Erin Park, as may be amended from tim= e to time, and any governmental authorities having jurisdiction thereof..

d.      =              Licensee agrees that at all times the Boat is docked at = the Dock Space, it will be safely and properly secured in a manner acceptable to Licensor: to wit: The Boat shall not be tied off or = attached in any manner to the dock. Li= censee shall tie off and attach the Boat to properly and securely installed augers, such augers being the property of, and supplied by, the Licensee;

e.      =              Licensee agrees and acknowledges that the Licensor has no duties or care with respect to the Boat and that his Agreement does no crea= te a bailment. The use of the Dock Space, any surrounding docking facilities and= the lake is solely and completely at the risk of the Licensee: Licensee further acknowledges that there is no lifeguard on duty, that swimming is at its own risk and the Licensee is solely responsible for the action of their childre= n or children of guests;

f.      =             &nb= sp; Licensee agrees that any and all damage to the Dock Spac= e or docks owned by the Licensor as a result of insufficient or improper mooring= of the Boat, or otherwise resulting from the acts or omissions of Licensee or = its guests, shall be the financial responsibility and liability of the Licensee; this includes damage to other craft as well;

g.      =              Licensee shall not make any alterations, modifications, additions or repairs to the Dock Space or to any of the surrounding premise= s of the Licensor (with the exception of augers placed as specified in the Dock Space diagram sent to Licensee as indication of acceptance of this agreemen= t by Licensor):

h.      =              Licensee agrees not to discharge, or cause of suffer to = be discharged, any trash, litter, sewage or other form of pollutant into the l= ake waters or on the surrounding property of Licensor:

i.      =             &nb= sp; Licensee agrees not to consume or store alcoholic bevera= ges of any kind whatsoever on the Dock Space, on the lake waters or on the surr= ounding property of the Licensor:

j.      =             &nb= sp; Licensee agrees and acknowledges that no motor vehicle parking is allowed in the surrounding park area, except at designated parki= ng areas (designated parking area is that space between the parking area sign = and the road):

k.      =              Licensee agrees not to camp overnight or bring pets on t= he Dock Space or surrounding premises of the Licensor. Licensee further agrees and acknow= ledges that use of the Dock Space is from sunrise to sunset except for egress and ingress to the boat:

l.      =             &nb= sp; Licensee agrees to maintain the dock and/or any surround= ing premises in an acceptable fashion so as to maintain the value of the proper= ty of the Licensor;

7.      =              Termination.&n= bsp; This Agreement may be terminated as follows:

a.&= nbsp;        If Licensee breaches any provision of this Agreement or otherwise fails to per= form any of the      &n= bsp;   terms, conditions and promises set forth in this Agreement Licensor, at its sole a= nd         &= nbsp;   unreviewable discretion and without waiving any other remedies it may have, may         immediately terminate this Agreement on written notice to Licensee; and

b.      =              If Licensor shall sell or otherwise dispose of all or a substantial part of the Dock Space, or other

Loch Erin lake property, Licensor can termina= te this Agreement by giving written notice to Licensee.

8.         = Indemnification. Licensee agrees to defend, indemni= fy, and hold harmless Licensor, its officers, directors, agents and employees f= ree and harmless from any loss, liability, injury or damage suffered by Licensor and/or third parties, arising out of or caused by a breach of default by Licensee of any of the Licensee's obligations under this Agreement, includi= ng but not limited to attorneys’ fees and costs of suit.

9.         = Governing Law. This Agreement shall= be governed by and construed in accordance with the laws of the State of Michi= gan, notwithstanding the fact that either party is or may hereafter become domic= iled in a different state. The par= ties consent to jurisdiction and venue in the appropriate courts of the County o= f Lenawee.

10.        Waiver. A waiver of any breach or provisio= n of this Licensing Agreement by any party shall not operate or be construed as a waiver of any subsequent breach. Each and every right, remedy and power hereby granted to any party or allowed by law equity shall be cumulative and non-exclusive of any other.

11.  = ;      Notices. Any notices provided for in this Agreement shall be in writing and shall be deemed sufficiently forth below:

Licensor:        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;             =

&nb= sp;

LEPOA

P. O. Bo= x 302

Onsted, MI   49265-0302

&nb= sp;

Licensee:

        &= nbsp;           &nbs= p;   At the address indicated below.

&nb= sp;

12.        Amendment of Agreement. This Agreem= ent may be amended or altered in any of its provisions or terminated only by the mutual agreement of the parties hereto.

<= span style=3D'font-family:Arial;mso-fareast-font-family:Arial'>13.   &nb= sp;    Assignment. Licensee shall not assign this Agr= eement without the written consent of Licensor.

14.        Binding Effect. This Agreement sh= all be binding on and ensure to the benefit of the parties and their respective le= gal representatives, successors and assigns.&n= bsp; The parties agree to do and perform all acts necessary to carry out = the interests and purpose of this Agreement.

15.        Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes any and all other Agreements, negotiat= ions and discussions, either oral or written.

        &= nbsp;           &= nbsp;   IN WITNESS WHEREOF, the parties hereto have executed this License Agreement effective the day and year first above written.

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;                       LICEN= SOR

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;             = Loch Erin Property Owners Association=

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;         &= nbsp;   By:_____________________________________

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;         &= nbsp;           &nbs= p;   Its: __Secretary___________________________

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;                    =      LICENSEE

&nb= sp;            =             &nb= sp;            =             &nb= sp;            =                  &= nbsp;   ________________________________________

&nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =               (PLEASE SI= GN HERE)

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        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;             = Address:        &= nbsp;   _______________________________<= /p>
&nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =                 &= nbsp;   _______________________________<= /p>
&nb= sp;            =             &nb= sp;            =                   &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;         &= nbsp;   _______________________________