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Moorage License Agreement

Commencement Date:

May 1, 2024 (subject to weather/ability to set docks)


Termination Date:

September 30, 2024 

GP grants a license to Licensee to use the Slip for moorage of the Vessel.


3. Term. Failure to remove the Vessel by the Termination Date will result in a Late Fee of $50 per day, and if the Vessel is not removed by October 5, 2024, GP may remove the Vessel, without liability.


4. Seasonal License Fee Licensee shall pay GP in advance, the License Fee set forth above. All payments shall be made at Granite Point, 41000 Granite Point Road, Loon Lake, WA 99148, or at such other address as GP may designate.


5. Transfers and Assignments. This license and Licensee’s rights hereunder are not transferable or assignable. Licensee may not sublet or assign the right to use the Slip.


6. Insurance. As required by state law, prior to the commencement of this License, and always during the term of this License, Licensee shall carry in full force and effect with insurance companies authorized to do business in the State of Washington, protection & indemnity liability and property damage insurance, including personal injury, general legal and pollution liability coverage, with limits of at least $300,000 per occurrence. Granite Point Park Co. must be named as an additional insured and the Licensee’s insurance shall be primary and noncontributory. The insurance shall cover personal injuries, property damage, including, but not limited to damage to the Slip, and Granite Point Park Co., or Granite Point Resort. Licensee shall not be entitled to moor the Vessel at the slip until evidence of insurance satisfactory to GP has been provided by Licensee. Failure of GP to approve insurance shall not be deemed a waiver of GP's right to approve insurance or to in any way relieve Licensee of its obligations to carry insurance.


7. Care of Slip; Maintenance. Licensee shall keep and maintain the Slip in a clean and sanitary condition at all times, and in accordance with the rules and regulations. Upon termination of this license, Licensee shall surrender the Slip in good order and repair other than normal wear and tear resulting from ordinary use. Under no circumstances, nor at any time, may Licensee change, modify, or alter the Slip or any portion thereof. Licensee shall not install or place any personal property, equipment, boxes, or lockers of any type on the Slip.


8. Recreational Use; Authority. Licensee covenants that the Vessel is for recreational and pleasure purposes only and shall not be used for commercial purposes.


9. Parking. Licensee shall have the right to park in the areas of GP designated for Moorage Guests, provided the Licensee displays a Parking Pass issued to Licensee. Parking Passes must be conspicuously displayed at all times while a vehicle is parking in GP. Vehicles parked in violation of the parking regulations will be towed at the risk and expense of Licensee. GP does not warrant the availability of parking within GP parking areas.


10. Right of Entry. GP shall have the right from time to time to board the Vessel when moored at the Slip to determine if the Vessel is in compliance with the terms of this license and the rules and regulations of GP.


11. . No Living Aboard. No person may live-aboard the Vessel when moored at the Slip.

12. AS-IS. NO WARRANTIES. GP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE SLIP INCLUDING THE DOCK, FLOATS, WALKWAYS, GANGWAYS, RAMPS, GEAR AND RELATED ITEMS, OR THE SUITABILITY OF THE SLIP OR ASSOCIATED DOCK OR RAMPS FOR ITS INTENDED PURPOSES. LICENSEE ACKNOWLEDGES THAT LICENSEE HAS HAD AN OPPORTUNITY TO INSPECT THE DOCK AND THE SLIP PRIOR TO

EXECUTION OF THIS LICENSE AND AGREES TO ACCEPT THE SLIP IN ITS CURRENT CONDITION. GP FURTHER DISCLOSES AND LICENSEE ACKNOWLEDGES THAT GP DOES NOT MAKE ANY REPRESENTATIONS WITH RESPECT TO PROVIDING SECURITY OF THE DOCK OR THE SLIP. LICENSEE ACKNOWLEDGES THAT STORMS, WIND, AND FORCES OF NATURE MAY CAUSE THE DOCK TO BECOME UNHINGED OR RESULT IN CASUALTY OR DAMAGE, AND LICENSEE HAS INSPECTED THE CONDITION OF THE DOCK AND THE SLIP AND ASSUMES ALL RISK ASSOCIATED WITH ANY SUCH EVENT. LICENSEE HEREBY RELEASE AND HOLDS HARMLESS GP FOR ANY DAMAGE OR INJURIES TO PERSON OR PROPERTY, INCLUDING TO THE VESSEL, THAT MAY RESULT FROM FORCES OF NATURE, OR FROM ANYTHING OTHER THAN THE INTENTIONAL MISCONDUCT OF GP DURING THE TIME WHEN THE VESSEL IS MOORED IN THE SLIP.


13. Holding Over. If the Vessel remains at the Slip following the Termination Date or sooner termination of this License, and without otherwise limiting the rights of GP hereunder, Licensee shall be deemed to be occupying the Slip for purposes of transient moorage and shall pay GP the daily rate of $50 per day for each day the Vessel continues to be moored at the Slip. GP may, at its sole discretion, chain the boat or slip and/or exclude owner from access to the Slip and to GP if the Vessel remains in the Slip more than five days after the Termination Date or sooner termination of the License.


14. Notices. Any notice by GP to Licensee hereunder shall be deemed to be given if and when it is personally delivered to Licensee or deposited in the mail and addressed to Licensee at the address set forth in Section 1. Licensee is responsible for informing GP of their most current address and phone numbers. Any notice by Licensee to GP shall be deemed to be given if it is signed by Licensee and deposited in the mail and addressed to GP at the address where the Seasonal Moorage Fee is paid.


15. Removal of Vessel in Emergency. In case of emergency, GP is authorized to move the Vessel without liability for damages or loss of any kind. Licensee agrees to pay GP reasonable compensation for moving the Vessel under such circumstances.


16. Default, Remedies. If Licensee violates the rules and regulations following written notice from GP to cease and desist such violation, or if Licensee fails to pay Seasonal Moorage Fee, service charges, interest, or any other amount hereunder and such failure continues for a period of 3 days after GP has given Licensee written notice thereof, or if Licensee fails to perform any other term, covenant or condition of this license and such failure continues for a period of 7 days after GP has given Licensee written notice thereof, Licensee shall be in default hereunder. Under default, GP may exercise any and all remedies available to GP hereunder or otherwise provided by law. Without limiting the foregoing, GP may immediately terminate this license without limiting the liability of Licensee for all amounts due hereunder. Upon termination of this license, and if Licensee has not already done so, GP shall be authorized to remove the Vessel and all property of Licensee from the Slip and the Marina, all at the cost, expense and risk of Licensee. If the Vessel remains at the Slip or in the Marina following termination of this license, and without limiting the other

remedies of GP hereunder, Licensee shall be deemed to be holding over and subject to a fee of $50 per day for the first five days of holdover and thereafter subject to such holdover fees, in addition to having the Vessel removed from the Slip and stored at Licensee’s sole expense.

17. Cumulative Remedies, No Waiver. GP’s rights and remedies hereunder are cumulative in nature, and pursuit of any particular remedy shall not be deemed an election of remedies or a waiver of any other remedies available hereunder or otherwise available in law. No waiver or forbearance of a default of this license shall be construed as a waiver or forbearance of any other or subsequent breach, and the acceptance of any performance hereunder, or the payment of any amount after the same has become due or at a time when any other default exists shall not constitute a waiver of the right to demand payment of all other amounts owed or a waiver of any other default then or thereafter existing.


18. Termination. Either party may terminate this license without cause as of the end of any month by providing the other party with written notice thereof at least 30 days prior to the end of the month.


19. Lien for Fees and Services. GP shall have and Licensee hereby grants and conveys to GP a lien and security interest in the Vessel and in all property of Licensee on or at the Vessel to secure the performance by Licensee of the terms and conditions of this license and to secure the payment by Licensee of all services and supplies provided by GP to Licensee or on behalf of the Vessel. Notwithstanding termination of this license, GP shall be fully authorized to hold the Vessel and her tackle, apparel and appurtenances and sell the same in accordance with applicable law in the event Licensee fails to perform the terms and conditions of this License or fails to pay for services and supplies. So long as GP continues to hold the Vessel and her tackle, apparel and appurtenances, Licensee shall be deemed to be holding over pursuant to the provisions of this License.


20. RELEASE AND HOLD HARMLESS. The Licensee, in consideration of being permitted to moor the Vessel at GP, releases and waives all claims, demands, causes of action, suits, judgments against GP for any loss, injury, death or damage to persons or property (including the Vessel) that may arise in any way from the moorage of the Licensee's Vessel at the dock within GP, including the negligence of GP. Licensee agrees to indemnify, defend and hold GP harmless from and against all claims, demands, causes of action, suits, judgments loss, costs, liability, damages and expenses, including GP's attorney fees and costs, for any loss, injury, death or damage to persons or property (including the Vessel) arising out of or in any way related to the moorage of Licensee's Vessel at the GP, including the negligence of GP, and including, but not limited to (i) any default by Licensee of the terms and conditions of this license, (ii) the use of the Slip and GP by Licensee and its guests, invitees, vendors, visitors and agents, (iii) acts, omissions or negligence of Licensee or its guests, invitees, visitors, agents, and vendors whether individuals or businesses, in or around the Slip or the GP, or (iv) any claims by any other person by reason of loss, injury, death or damage to persons or property due to an act, occurrence or omission set forth in (i), (ii) or (iii) above. Licensee acknowledges that the Vessel and all personal property of Licensee is moored at the GP at Licensee's sole risk, and GP shall not be liable for any loss or damage.

21. Owner’s Responsibility For Damage and the Environment. Owner shall be responsible for and shall promptly, upon demand, pay GP for any damage caused to GP, or governmental property by Owner, his boat, his crew, guests, invitees, employees or agents. Owner shall comply with all laws and regulations now or hereafter in effect concerning the protection of the environment in and around the GP: pay GP for any damage, expense or liability incurred by GP due to Owner’s failure to comply with such laws and regulations or due to any pollution created by, caused by, or contributed to by Owner.


22. Joint and Several Liability. If more than one person executes this license as Licensee, their obligations are joint and several, and any act or signature of, or notice or refund to any one or more of them with respect to this license shall be fully binding upon each of them.


23. Attorney’s Fees. In the event that any action or other legal proceeding is brought to enforce any provision of this license the prevailing party shall be entitled to recover all costs plus reasonable attorneys’ fees from the non-prevailing party (including proceedings on appeal or in arbitration.


24. Venue. This Agreement shall be governed by the laws of the State of Washington and the United States. The venue of any suit ensuing out of or related to this Agreement may, at the option of either party, be laid in or transferred to Stevens County, Washington.


25. Severability. If any provision of this license shall be found to be void, such determination shall not affect any other provision of this license.

Boat Trailer Storage? (Boat trailers stored at Granite Point’s designated area must display Resort’s issued I.D.)
Yes (+$250 For Season)
No
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