(01/01/92 Revision)

The following terms and conditions are attached to and incorporated by reference into, the the Slip Rental Contract (herein “Contract”) between lessee and the Cape St. Claire Improvement Association, Inc., by its Pier Committee (“CSCIA”).

  1. Every boat for which a Contract is written must be either documented or have a valid (unexpired) State decal, which must be displayed at all times the boat is docked at a CSCIA pier. Contracts for boats observed moored at a CSCIA pier with expired State decals will be canceled, unless current decals are displayed within five (5) days of written notice from CSCIA.
  2. Without the prior written consent of the CSCIA, Lessee may not allow the rented slip to be used for any boat other than the one described above, may not assign the Contract, and may not dock the boat described above in any other slip.
  3. Lessee shall indemnify and reimburse CSCIA for all loss, damage, or injury to any pier or property of CSCIA caused by the Lessee, or any agent, employee, or invitee of the Lessee, within fifteen (15) days after written notice from CSCIA. Lessee shall be responsible for any costs of enforcement as noted in Paragraph 15 of these Contract Terms.
  4. Lessee will save CSCIA harmless from any and all liability to others and shall indemnify CSCIA from any and all loss or damage it may sustain by reason of any acts or omissions of the Lessee, or of any agent, employee, or invitee of the Lessee, including court costs and reasonable attorney’s fees incurred in connection with any litigation resulting therefrom.
  5. CSCIA has no duty whatsoever to guard, care for, or protect the boat or any property of the Lessee, or to provide any other service or facilities for the Lessee’s proper use of the slip rented pursuant to the Contract; and CSCIA shall have no responsibility to protect the Lessee from any trespasser or against any infringement by others on said slip; nor shall CSCIA have any other responsibility or duties hereunder.
  6. Lessee accepts, and will comply with, all Rules Governing Slip Assignment and Use at Cape St. Claire Improvement Association Piers, a copy of which is attached hereto and incorporated by reference. Further, the following conduct by Lessee, his agents, employees, invitees or family members shall not be permitted and shall constitute grounds for canceling the Contract (See Paragraph 11):
        a) Excessive profanity or intoxication on the premises of the Association, the piers, or the boats;
        b) Abusive conduct which interferes with, or is likely to interfere with, the pleasure and comfort of neighbors, other slip tenants, or CSCIA;
        c) Operation of boats in any manner other than a safe and prudent one at the site of CSCIA piers, or entrances thereto;
        d) Failure to place trash, debris and other disposable items in appropriate containers supplied by CSCIA; and/or pollution of the waters of Deep Creek, Little Magothy or Magothy Rivers by adding any foreign substance to said waters while at or on CSCIA property or piers or a vessel moored thereto;
        e) Use of electrical power furnished by CSCIA (i) when the boat is not in use, (ii) when used for heating, air conditioning or refrigeration units or for other excessive power drain as determined by CSCIA (Pier Committee), or (iii) when connected to the boat’s electrical service except for the sole purpose of charging batteries; and/or
      f) Breach of any term or condition of the Contract documents.
  7. All boats moored at CSCIA piers shall be properly moored and maintained in a safe condition at all times and shall be operated at least once a month during three (3) of the five (5) months from May through September. CSCIA piers may not be used for “wet storage”. Lessee may not allow his boat to remain sunk at his slip for a period in excess of fifteen (15) days, or if the Lessee’s boat sinks while entering or leaving a CSCIA pier in such a place that it becomes hazardous or difficult for other tenants to leave or enter the pier area by water, in excess of four (4) days.
  8. Lessee may be asked to serve two (2) nights during the calender year on security patrol as assigned and coordinated by CSCIA. Lessee shall serve unless specifically excused.
  9. The Slip Rental Contract submitted by Lessee, which contains an ownership certification (or a substitute ownership certification which has been subsequently submitted and accepted by CSCIA) shall be true and correct at all times during the term of this contract.
  10. Lessee acknowledges it is in the best interests of CSCIA to maximize the use of slips at CSCIA piers for residents of Cape St. Claire. Lessee is expected to have a need to use a rental slip. If Lessee does not have a need to use a slip, the slip should be available to others. To this end, Lessee’s boat must be moored in a slip at a CSCIA pier for a majority of the days from May 1 through September 30 unless prior written notice is given to CSCIA so that CSCIA may rent the slip to others on a temporary basis while Lessee’s boat is away from the slip.
  11. CSCIA may cancel this Contract and retain any portion of the unearned rent on ten (10) days written notice to Lessee at the address on the Contract for breach or default of a term of the Contract, including these Terms and Conditions and the Rules Governing Slip Assignment and Use. Lessee shall remove his boat from the slip and CSCIA piers within the earlier of a) fifteen (15) days after this Contract has been canceled by CSCIA or b) expiration of the term of this Contract (January 31) unless a new Contract has been offered. If Lessee has not removed his boat by the required date, Lessee specifically agrees and consents to pay CSCIA a daily rental rate equal to the highest rate charged by marinas in the vicinity of Annapolis harbor for transient boats per foot per day commencing on the next calender day and for each calender day thereafter until Lessee’s boat is removed from the slip and CSCIA piers. Payment of such transient rental rate does not relieve Lessee of his obligation to remove his boat. If Lessee promptly removes the boat after cancellation of this Contract and CSCIA rents the slip to another eligible Lessee, CSCIA will remit the unearned rental after the effective date of the new rental.
  12. If Lessee fails to move his boat pursuant to the terms of Paragraph 11 or pursuant to the reasonable request of CSCIA as provided under the Contract, including these Terms and Conditions and the Rules Governing Slip Assignment and Use, Lessee gives CSCIA permission to move the boat to another slip, even if the other slip may be a mud slip or be shallower than the boat’s draw, and Lessee specifically releases CSCIA and its officers and agents from any and all liability which might otherwise arise therefrom.
  13. The Contract is not automatically renewable. CSCIA will not consider offering Lessee a new contract for next year if CSCIA has notified Lessee in writing that Lessee has breached a provision of the Contract, including these Terms and Conditions and Rules Governing Slip Assignment and Use, and such breach was not timely corrected or waived by CSCIA.
  14. All notices shall be deemed given and effective under the Contract:
        a) As to notices from CSCIA to Lessee: upon mailing, first class, postage prepaid, to Lessee’s address as stated in the Contract, or upon receipt by the Lessee if delivery is made personally.
      b) As to notices to CSCIA from Lessee: upon receipt by CSCIA at 1223 River Bay Road, Annapolis, Maryland 21401.
  15. Lessee agrees specifically to pay all of CSCIA’s costs and expenses incurred in connection with enforcing or defending its rights under the terms of the Contract documents, including a reasonable attorney’s fee.
  16. Lessee agrees to and acknowledges an expressed MECHANIC’S LIEN on any boat owned wholly or in part by Lessee, and kept at any time in a CSCIA slip or moored to a CSCIA pier, to secure any slip rental or use fees, collection fees, Attorney’s fees, and other costs associated with use of a CSCIA slip or pier.