Kayak Rack, Ramp & Floating Dock Use (Form #1)
Please complete and return the below to management to register your kayak(s) for the Kayak Rack. By submitting this form and remitting payment you are agreeing to abide by the attached Kayak Rules. Once a completed form and payment in full has been received you will be assigned a spot(s) on the rack. You will be informed of your assigned spot(s) and mailed your registration sticker(s) upon successfully registering. You must visibly display your registration on your kayaks, any kayak not visibly displaying a registration sticker is subject to removal from the rack. The following vessels are permitted to be stored on the Kayak Rack: kayaks, canoes, and paddleboards.
Spots on the Kayak Rack are rented on a first-come-first-serve basis.
Owner Information
Part 1 - Kayak Rack Storage
($45.00 per rack spot per year, payment should be made payable to Oyster Cove HOA) Description of Vessel: Please provide a brief description of the vessel that you will be storing on the Kayak Rack. The Kayak Rack is numbered 1-93.
Part 2 - Ramp & Floating Dock
Only non-boat slip owners need to pay this fee. Slip owners already have use of the ramp and floating dock. ($25 per vessel, made payable to the Oyster Cove Boat Basin Association) Non-slip owners or renters must also complete Form #5 License Agreement between Kayak, Canoe & paddleboard and Boat Basin.
Agreement
ONLY CREDIT or DEBIT CARD PAYMENTS can be made ONLINE. To pay by CHECK, please email support@pelicanmgt.com and request a physical form.
RULES OF CONDUCT WHEN STORING, PADDLING, LAUNCHING AND DISEMBARKING IN THE OYSTER COVE BOAT BASIN
1. When paddling in the Marina 1 channel, kayakers will stay to the marsh side of the main channel.
2. Kayakers must yield to power and sailboats when maneuvering in the Marina 1 channel.
3. Launching of kayaks should only take place between sunrise and sunset unless proper lighting is shown.
4. While on the floating dock, launching or retrieving, kayakers will quickly make way for power or sail boats moving to use the floating dock. Boats have priority.
5. Kayaks may be on the floating dock only during loading and unloading and not for more than 15 minutes at a time.
6. Kayakers will make every effort to avoid blocking the parking lot while loading and unloading kayaks.
7. No one under age 13 will be on the dock launching or retrieving a kayak unless accompanied by an adult.
8. The donning of life jackets shall be mandatory while launching and disembarking kayaks and while paddling in and out of the marina and channel areas.
9. Only registered vessels will be stored on the assigned rack space and must be kept in a neat manner.
10. No oars, life jackets, ropes or other accessory items shall NOT be stored in the kayak rack.
11. Kayakers who do not own or lease a boat slip are required to sign a “License Agreement” prior to using the floating dock (Form #5).
12. Any continued disregard for these rules may result in revocation of the privilege to utilize the kayak rack or the marina facilities.
13. All kayaks, canoes, and paddleboards being stored on the Kayak Rack must visibly and legibly display the owner’s name and unit number.
License Agreement between Kayak, Canoe & Surf Boat and Boat Basin
Approved 2009 Revision date: 11/2019
RECITTALS
A. Licensor is the owner of a boat marina in Queen Anne’s County, MD as set forth in the Declarations and Bylaws of the Oyster Cove Boat Basin Condominium recorded in the land records for Queen Anne’s County, MD at Liber 266, Folio et seq (Boat Marina”).
B. Licensee is the owner of a unit within Oyster Cove Townhouse Condominium or Oyster Cove Villa Condominium located in Queen Anne’s County, MD.
C. Licensee does not own a boat slip unit within the Oyster Cove Boat Basin Condominium but desires to utilize a portion of the Licensor’s property for the sole purpose of launching or disembarking a kayak or other small water craft.
D. Licensor desires to permit Licensee to utilize the ramp and floating dock located within the Boat Marina for the sole purpose of launching or disembarking a kayak or other small water craft and to set forth in writing the terms and conditions of Licensee’s use of same.
WITNESSETH
Licensor, for good and valuable consideration, and performance of the covenants and agreements hereinafter mentioned licenses to Licensee the right to utilize the ramp and floating dock with the Boat Marina (hereinafter “facilities”) on the following terms and conditions:
1. LICENSE
1.1. Licensor hereby grants to Licensee a revocable license to utilize the ramp and floating dock the sole purpose of launching or disembarking his/her kayak or other small water craft and Licensee hereby accepts such License.
1.2. In consideration for such grant, Licensee agrees to assume and to perform all of the Licensee’s duties contained in the License.
1.3. Licensee acknowledges and agrees that any right to use the facilities pursuant to any other agreement or understanding with Licensor, or any other person or entity, is superseded by the License.
2. TERM
The rights and obligations of the parties under this License shall be effective as of the date of execution of this License and shall immediately expire upon Licensor notifying Licensee of Licensor’s intent to terminate this License Agreement.
3. IMPROVEMENT/ DUTY TO NOTIFY
3.1. Licensee acknowledges and agrees that Licensee shall not construct any improvements in or on the facilities or Boat Marina, nor shall Licensee expand, modify, alter or otherwise change any improvements currently existing in the Boat Marina.
3.2. If Licensee notices a condition of the facilities or Boat Marina that may pose a risk to the Licensee or other users of the facilities, Licensee agrees to notify Licensor of the condition and to immediately cease utilizing the facilities until the condition has been addressed by the Licensor.
4. COMPLIANCE WITH LAWS
Licensee shall comply with all laws, orders, ordinances, rules, regulations or requirements of any governmental authority having jurisdiction over the facilities and Boat Marina or any use thereof, including the governing documents for the Oyster Cove Boat Basin Condominium.
5. USE/ASSIGNMENT
Licensee acknowledges and agrees that the interest granted to Licensee by this License is personal to Licensee, and shall not run with title to the Licensee’s Property, including Licensee’s kayak or other small water craft. Licensee agrees to not allow any unlicensed individual to use the facilities and agrees to immediately report all violators to the Licensor. Licensee further covenants and agrees that Licensee shall not assign any of Licensee’s rights under this License, to any other person or entity, wither expressly or by operation of law, without the express written consent of Licensor, which consent may be withheld in the sole and absolute discretion of Licensor.
6. INDEMNITY
Licensee shall and will save, defend, hold and keep harmless and indemnify Licensor, its agents, servants, owners, directors and employees from and against any and all expenses, sums paid, liability and claims, of any kind or nature, including personal injuries, arising in any manner or under any circumstances through the exercise by Licensee of any right granted or conferred hereby, or the performance or non-performance of an of Licensee’s obligations hereunder, or any other act or omission of Licensee or Licensor. Licensee hereby assumes all risks and dangers and all responsibility for a losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Oyster Cove boat Basin condominium, its officers, owners, agents, servants, contractors and employees.
Licensee, on is/her behalf, his/her personal representatives and heirs voluntarily agrees to release, waive, discharge, hold harmless, defend and indemnify the Oyster Cove Boat Basin condominium, its officers, owners, agents, servants and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of use or otherwise which may arise out of Licensee’s use of the Boat Marina or facilities. Licensee specifically understands that he/she is releasing, discharging and waiving any claims or actions that he/she may have presently or in the future for Licensee’s use of the Boat Marina and facilities.
I HAVE READ PARAGRAPH 6, UNDERSTOOD ITS CONTENT AND AGREE TO SAME.
7. EVENT OF DEFAULT
7.1. Upon any default by Licensee under an of Licensee’s obligations under this License, Licensor may, at its option terminate this License; or exercise any other remedy available to Licensor at law or in equity.
7.2. The rights and remedies of Licensor under this License shall not be mutually exclusive. The exercise by Licensor of one or more of the rights and remedies under this License shall not preclude the exercise of any other right or remedy. Damages at law may not be an adequate remedy for a breach or threatened breach of this License and in the event of a breach or threatened breach of any provision hereunder the respective rights and obligations hereunder shall be enforceable by specific performance, injunction or other equitable remedy.
8. WAIVER
Any waiver of any covenant or condition of this License shall be in writing signed by the party waiving the right, shall extend to the particular case only, and only in the manner specified, and shall not be construed as applying to or in any way waiving any further or other rights hereunder. Te exercise of any of the options aforesaid shall not be construed as a waiver of Licensor’s right to recover actual damages for any breach in an action at law, or to restrain any breach or threatened breach in equity or otherwise.
9. MISCELLANEOUS
9.1. This License constitutes the entire agreement between the parties in respect of the facilities, and there are no oral agreements between the parties in connection herewith.
9.2. This License shall be governed by the law of the state of Maryland.
9.3. In the event that any provision of this License is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of the License which shall remain in full force and effect and shall be construed as though they had not contained the invalid or unenforceable provision.
9.4. The covenants herein shall be binding upon, and the rights hereunder shall inure to the benefit of the parties, their personal representatives, successors and assigns, except that Licensee’s rights shall inure only to those assigns for which Licensee has obtained Licensor’s prior written consent in accordance with Article 5 of this License.
9.5. The provisions of the License shall not be construed to create a joint venture or partnership between Licensor and Licensee.
9.6. Licensor and Licensee agree that neither this License nor any memorandum thereof shall be recorded.
9.7. The section headings are for reference purposes only and shall not be use in the interpretation of this
License.
HOLD HARMLESS AGREEMENT AND RELEASE OF LIABILITY DURING USE OF THE
OYSTER COVE BOAT BASIN RAMP AND FLOATING DOCK FACILITIES
in the Oyster Cove Boat Basin Condominium regime under the following terms and conditions:
hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by negligence or other conduct of the Oyster Cove Boat Basin Board, its officers, slip owners, and employees. I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify the Oyster Cove Boat Basin, its officers, slip owners, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of use or otherwise which may arise out of my use of the Oyster Cove Boat Basin ramp and floating dock facilities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future during use of the Boat Basin facilities for kayak, canoe or surf boat launch or disembarkation using the floating dock facilities.
I agree to pay the annual fee of $25 per kayak to the Oyster Cove Boat Basin Condominium for use of the ramp and floating dock.
