FORM #5 License Agreement between Kayak, Canoe & Surf Boat and Boat Basin
Approved 2009 Revision date: 11/2019
by and between Oyster Cove Boat Basin Condominium (hereinafter “Licensor”) having an address of 501 Oyster Cove Drive, Grasonville, MD 21638 and (hereinafter “Licensee”)
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.
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:
1.1. 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to use the facilities pursuant to any other agreement or understanding with Licensor, or any other person or entity, is superseded by the License.
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.
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.
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.
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.
9.1. 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
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.