Slip & Mooring Use Agreement Terms
Last Updated: 9/9/19
In consideration of the slip rental fees, Vencore Marine Group, LLC, operating and dba/ Pelican Bay at Cherry Creek State Park (“VMG”) and USER hereby agree as follows:
- PERMISSION TO MOOR VESSEL. By term of this Use Agreement, User shall be allowed to dock/moor/store (summer/winter)/park the above described Vessel (the “Vessel”) located at the Marina. User agrees that VMG shall designate the location of the slip within the Marina and may in its sole discretion relocate the slip used hereunder without prior notice to the User, provided such relocation does not result in an increase in the use price charged for the slip. VMG reserves the right to refuse service to anyone and by law, does not discriminate.
- AGREEMENT DURATION. This Use Agreement commences upon acceptance by VMG and submission of the above Fees, agreement and valid insurance and terminates on October 31st for Summer Only Storage options and March 31st for Summer and Winter Storage options each year, unless sooner terminated as hereinafter provided. The parties agree that weather and water level conditions may result in an actual mooring season beginning and ending on dates other than the stated term of this Use Agreement. No fee adjustments will be made for these conditions.
- CREATION OF A MARITIME LIEN. User hereby appoints VMG (acting through employees, agents or representatives) to procure necessaries for the Vessel and that all sums due the VMG from the User pursuant to the Agreement or all sums due, advanced or incurred by VMG in connection with any repairs, storage, lift usage, supplies, towage or the use of dock facilities afforded to User and/or the Vessel shall constitute a Maritime Lien against the User’s Vessel and the trailer in favor of VMG. Said Lien may be enforced by VMG according to the laws of the State of Colorado and the United States of America.
- AGREEMENT NOT TRANSFERABLE. This Use Agreement is not transferable, without VMG’s prior written consent, either to another person or for any vessel other than the Vessel specifically described herein.
- ACCESS AND VMG’S RIGHT TO USE. User shall recognize that access to the Marina may be limited on occasion by capacity factors beyond the VMG’s control as dictated by the Colorado Division of Parks and Wildlife, and/or the US Army Corp of Engineers. VMG does not guarantee access by terms of this Use Agreement, either implied or stated.
- TERMINATION BY USER. Should User terminate this Use Agreement, User shall receive a refund only if and when the VMG finds a suitable replacement user. The refund shall be reduced by a service charge equal to 10% of the total agreement amount and shall be proportional to the months remaining in this Use Agreement after assumption by the replacement user.
- TERMINATION BY VMG. If at any time it is considered by VMG to be in the best interest of Pelican Bay at Cherry Creek or its users, VMG reserves the right, after two (2) days’ notice, to terminate this Use Agreement. VMG shall reimburse User for the unused portion of the Use Agreement by the formula: Amount paid x Months Remaining in Use/Total Number of Months Paid. VMG reserves the right to unilaterally terminate this Use Agreement if User, its family members or guests are disruptive to the other Marina users or at its sole discretion elects to exercise this provision.
- VESSEL IS INSURED. User warrants that the Vessel is insured for liability of at least $300,000; $500,000 if vessel is valued at over $75,000. User agrees that User will be held responsible for damage, which the Vessel may cause, by any means, to other vessels in the Marina or to the Marina and storage structures, equipment or facilities. User agrees to name VMG Marine Group, LLC, as an additional insureds, and to maintain an updated copy of the User’s policy at all times in the Marina Office. A copy of the Certificate of Insurance must be on file with the Marina Office BEFORE the Vessel may be put into a slip – failure to provide insurance will result in forfeiture of slip fees.
- INDEMNIFICATION. User agrees to defend, indemnify and hold harmless VMG, its owners, manager, agents and assigns for any and all claims, damages, losses, demands, causes of actions of liabilities of any kind, including attorneys’ fees, for personal injuries, including death, or damage to property arising out of the use by User (including User’s family, employees, agents, guests or invitees including business invitees) of the Vessel, or the mooring of the Vessel by User.
- VESSEL IS IN GOOD CONDITION. This Use Agreement is contingent upon examination and approval by VMG of the Vessel. Vessels not in good condition will not be admitted to the Marina. Failure to maintain the Vessel in good condition shall be cause for termination of this Use Agreement. The condition of the Vessel shall be appraised and determined by the Marina, in its sole discretion using the standard set by the US Coast Guard Auxiliary and Colorado Boating Regulations, including ensuring the trailer license plate is current and the boat registered for the season BEFORE it is dropped in the water. All decisions of condition and maintenance of good condition made by the Marina shall be final and binding on the parties.
- VMG NOT LIABLE FOR DAMAGE, FIRE, THEFT, ETC. VMG will take all reasonable precautions to protect the safety and property of User. However, VMG assumes no responsibility for the safety of any vessel moored, anchored moved by VMG employees, or stored in the Marin VMG will not be liable for fire, theft, vandalism, and/or damage of any type to User’s Vessel, equipment, appurtenances, engines, dinghies, or property of any type, however arising; it being the parties understanding that USER SHALL MOOR, ANCHOR AND/OR STORE THE VESSEL AT USER’S OWN RISK. VMG DOES NOT insure against fire, theft, vandalism, damage of any type, or other loss or casualty to User’s Vessel, equipment, appurtenances, engines (including outboard engines), dinghies, and property of any type, including trailers and cradles.
- CREATION OF SECURITY INTEREST AND LIE As further consideration of the Use Agreement, User hereby grants to VMG a security interest and a lien on the Vessel for all sums due from the User for slip rental, provisions, labor, storage, maintenance and fuel. The lien granted herein may be enforced by VMG in accordance with the laws of the State of Colorado. To evidence and perfect VMG’s security interest, this Use Agreement shall be considered a security agreement.
- NO WARRANTIES. User shall rent the slip from VMG in its “as is” condition. VMG specifically disclaims all warranties including but not limited to those of merchantability of fitness for a particular use.
- SUNKEN VESSEL. In the event that User’s Vessel sinks in its slip or within the Marina, User will commence salvage activities within 24 hours of notice by the Marina that such sinking has taken place. Failure to commence such salvage action within the prescribed time shall give VMG the right to salvage the Vessel and User shall reimburse VMG for all expenses incurred in the salvaging or attempted salvaging of the Vessel.
- EMERGENCY SALVAGE ATTEMPT. In the event that User’s Vessel is observed to be sinking or on fire while moored in the Marina, User grants to VMG without recourse the right to enter the Vessel to attempt salvage, and to take whatever measures VMG deems appropriate and User shall reimburse VMG for all expenses incurred in the salvaging of the Vessel. Vencor shall not claim salvage rights on any action, which might be so taken.
- REMOVAL OF VESSEL UPON TERMINATION, ABANDONMENT. Upon termination of this Use Agreement for any reason, User shall remove the Vessel from the Marina within two (2) days of notice of termination. Failure to remove the Vessel shall be abandonment of the Vessel to VMG, in which case VMG may dispose of the Vessel as VMG sees fit.
- HOLD OVER. Should User fail to remove the Vessel upon termination of the Use Agreement, VMG may, at VMG’s sole discretion, treat the User as a hold-over user rather than an abandoned Vessel, in which case User shall pay daily use fees at twice the Marina’s published daily rate for each day the Vessel remains at the Marina.
- RENEWAL OF LEASE NOT GUARANTEE This Agreement DOES NOT automatically renew. A prior use agreement shall not give User an automatic right to renew or renewal priority over another applicant for a slip. A new Use Agreement shall require application, acceptance of the application, signing a new Use Agreement, and payment in advance of the required use fee. VMG may refuse to lease a slip to any user applicant in the sole discretion of VMG.
- RULES AND REGULATION. The attached Rules and Regulations of The Marina are made a part of this Use Agreement. Failure by User to observe these rules shall give VMG the right to terminate this Use Agreement on two (2) days’ notice, or to refuse to renew this Use Agreement. The Rules and Regulations are subject to change without notice. VMG has the right to move or remove the Vessel and charge any necessary fees or fines in accordance with a breach of the Rules and Regulations.
- SLIP VACANCY. All Fees are due by March 1 each year. In the event the full amount of Fees due are not paid by March 31, this Use Agreement shall terminate, and any deposits paid will be nonrefundable. Slip holder shall communicate with Marina Manager if slip is to be vacant for an extended period of longer than fourteen (14) days.
- Marina Patrons do not have preemptory rights over other visitors to access the Park, or portions of the Park, in the event the park, or access to the Park is temporarily closed or otherwise restricted.
- NO FUEL CANS, of ANY KIND, may be brought onto the marina docks or slips from outside fuel suppliers unless specifically approved by the Marina Manager. NO FUEL CANS, FLAMMABLES OR EXPLOSIVES ARE ALLOWED IN DOCK BOXES! FAILURE TO COMPLY WILL RESULT IN A FINE OF $100.
- The Marina is closed to non-slipholders and their guests from 7:00 PM until 8:00 AM each day except for Event Nights when the Marina closes to Non-slipholders and their guests when the hours are 5:00 PM to 8:00 AM. QUIET HOURS IN THE MARINA ARE 10:00 PM to 8:00 AM.
- NO COMMERCIAL USE. Under no circumstances may a User rent their vessel to any party for any type of use including rental of vessel, Airbnb or any similar schemes. The State of Colorado Parks & Wildlife Division clearly prohibits such commercial activity on Cherry Creek Reservoir. This slip agreement allows for the User to slip their vessel for their private use only.