Slip & Mooring Use Agreement Terms

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: 

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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. 
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.