AMERICAN REAL ESTATE & LEASING GROUP LLC
1002 Marquette Avenue
Bay City, Michigan 48706

(989) 671-3700 (Phone) (989) 671-9815 (Fax)

DOCK RENTAL AGREEMENT

This agreement made on ___________________________, 2009, between The Henze Group, LLC, hereinafter called "Lessor" and
 

Name_____________________________________________________________ hereinafter called “Lessee”

Address_________________________________________ City, State & Zip_________________________

Home Phone _________________ Work Phone ____________________   Cell Phone___________________

In consideration of the respective covenants and agreements of the parties, it is agreed:

1. Dock Lessor leases to Lessee and Lessee leases from Lessor, dock space number _________at Wheeler Landing, Inc., 600 Marquette, Bay City, Michigan.*

2. Term The term of this lease shall commence _____________________, 2009, and shall automatically expire on October 31, 2008 when the Lessee shall deliver possession of the dock to lessor in as good condition as when taken, normal wear and tear expected.

3. Rent Lessee agrees to pay to Lessor as follows:
Total Dock Rental                             $__________________
Less Early Bird Discount*                 $__________________
Net Dock Rental                               $__________________
Less Deposit Amount Paid Today     $__________________
Balance Due                                     $__________________

*An Early Bird Discount of $100 is available if the lease is executed prior to October 31st. Lessee agrees to pay 50% of the Balance Due by December 1st $___________ and the remaining balance by April 1st $___________.  No deposits will be refunded and No exceptions to the payment schedule will be permitted without authorization from the Lessor. Your early bird discount will be lost and your preferred slip may be forfeited if payment due dates are not met.

4. Boat If in the judgment of the Lessor, Commodore, or the Board of Directors of Wheeler Landing, the size of the vessel including its tender, does not fit comfortably in its existing slip, the Lessee agrees to move his/her boat to a more suitable slip which may or may not incur an additional rental charge. Final judgments of possible conflicts of description of vessel will be made by Board of Directors, Wheeler Landing, Inc.
No sub-letting of dock space is permitted.
No boat shall be allowed to be moored before balance due is paid in full.
By his signature Lessee, assumes full payment for the season, as stated in this lease agreement.
 

BOAT NAME__________________________  SAIL (   ) POWER (   )    SIZE_________________

MAKE & MODEL_______________________ COLORS _________________________________

MC # _________________________________ INSURANCE COMPANY ___________________

POLICY #__________________________________________

Note: A copy of insurance certificate to be furnished to Lessor prior to taking possession of dock space.

5. Utilities Lessor shall furnish cable TV, electricity, and water dockside for Lessee’s use at no additional charge to lessee.
Due to freezing conditions and/or threat of freezing conditions, Wheeler Landing, Inc., reserves the right to determine the time of “turn on” and the time of “turn off” of dockside water during the months of May and October. Historically, these respective dates have hovered around May 15, and October 15.

6. Use of Marina Facilities In addition to the use of the dock space, Lessee and his invites shall have the use of the marina clubhouse, its swimming pool and grounds, in common with the other lessees and shareholders, but subject at all times to the rules and regulations governing those facilities. The lighthouse building is for the exclusive use of shareholders (dock owners) and their guests and is not available to lessees.

7. Right to Move Boat Lessor and/or Wheeler Landing, Inc. reserve the right to move Lessee’s boat and / or other personal property at any time without prior notice to Lessee. This right would only be implemented if there was an emergency, such as a fire, or for nonpayment of lease money owed.

8. Boat Repairs Lessee agrees that no repairs or improvements shall be made to Lessee’s boat at marina other than minor repairs and improvements performed by Lessee, personally, unless Lessee obtains consent of both Lessor and Wheeler Landing, Inc.

9. Liability Lessee accepts the dock space and its water in its present condition, and agrees that Lessee’s boat, personal property and person, and the persons and property of his invitees, while at the marina are at the sole risk of the Lessee who hereby releases and agrees to hold Marina and/or Lessor harmless from any liability for personal injuries or property damage to Lessee, Lessee’s invites, the boat and their personal property.

10. Rules and Regulations Lessee acknowledges that time spent at the Marina is an important part of the overall boating experience and that reasonable rules and regulations are important to assure the quiet and peaceful enjoyment of the Marina by Lessee and other occupants.  Lessee agrees to abide by the rules as set forth by Wheeler Landing, Inc. and any rules and regulations hereafter reasonable adopted by the board of directors of Wheeler Landing, Inc. The rules include the following:.

a. Lessee shall be personally responsible for the acts and omissions of members of Lessee’s family
and Lessee’s invites to the same extent as if actions by such persons were taken by Lessee personally.
b. Lessee shall abstain from loud or disruptive conduct likely to disturb other boaters at the Marina. Quiet hours shall be from 11:00 p.m. to 9:00 a.m. each day.
c. No item (including dock boxes) shall be stored on the surface of the dock, and Lessee shall affix nothing to the dock surfaces or their supports with fastening devices such as screws, nails or glue without the advance consent and design approval of Lessor and Wheeler Landing, Inc.
 

d. Lessee shall comply with all applicable government laws, rules and regulations regarding discharge of any substances into the water.
e. Parking shall be restricted to the paved parking lots, and no trailers, vehicles, or etc. shall be stored at the Marina.
f. All pets shall be kept on hand-held leash when not on lessee’s boat. Pets are allowed to and from vehicles and to and from the dog runs only. Pets are not allowed to be left unattended or leashed anywhere on the premises. Lessee is responsible for his pets conduct and collection and proper disposal of all animal excrement in the provided receptacles. Any animal causing a nuisance, barking or otherwise, will be cause for Lessor to cancel lease with no compensation to the Lessee.
g. U.S. Coast Guard approved personal flotation devises shall be worn by all children 12 years of age and under when on Marina property, as per State of Michigan requirement.
h. On special occasions and weekends, including the July 4th holiday, the marina may require that Lessee’s guests park outside the Marina and will so notify Lessee by notice posted in clubhouse.
i. Lessee shall keep his boat and all appurtenances in a neat and shipshape manner.
j. All halyards and standing rigging shall be secured when at dockside to reduce noise to the extent reasonably possible.
k. Lessee shall refrain from making unnecessary loud noises, verbal and/or all audio electronic devices such as radios, CD and tape players, televisions, etc. shall be played no more loudly than reasonably necessary for the personal listening of Lessee and his guests.
l. All trash shall be bagged and deposited in the Marina dumpsites or removed from the Marina by Lessee.
m. Lessee shall travel only on designated roads, parking areas and walkways, and shall confine activities on the lawn to those which will not damage the lawn.
n. Lessee shall notify Lessor of any change of address, phone number, Michigan registration number and description of boat docked at the Marina.
o. Lessee shall not interfere with the use of the dock by the occupant of any adjoining dock space which shares the same dock. Lessee shall not impede the comings and goings of the waters shared by himself and that of his neighbor, without the express permission of that neighbor.
p. “Dingys” and tenders cannot extend beyond the length of the dock itself.

11. Violation of Rules Lessee agrees that any violation of these rules and regulation, after notice, may result in immediate eviction. Lessee agrees to abide by the decision of Lessor, the Board of Directors or its committee with respect to any such violation which will include immediate termination of this lease and eviction of Lessee and his boat without refund of any prepaid rent or otherwise.

12. Spirit of Lease Any falsification of information given by the Lessee, knowingly or unknowingly, included in this document, violates the spirit of this lease.

13. Security Lessee shall be solely responsible for the safety and security of Lessee’s boat and its appurtenances and the conduct, safety and security of Lessee and his invites. Lessor, Wheeler Landing, Inc. and its Board of Directors shall have no liability for any alleged lack of security at the Marina and shall be held harmless by the Lessee.
 

14. Sale during Lease Lessee acknowledges that dock spaces (shares in Wheeler Landing, Inc.) are being offered for sale. If during the term of the lease, the dock space (Lessors shares) occupied by Lessee, is proposed to be sold, the Lessor reserves the right to move Lessee to another dock space of comparable size, if such space is available, or terminate lease and return to Lessee the proportion of rent monies unused at termination time. Lessee agrees to cooperate with Lessor in such event and move his boat promptly to the alternate dock space designated by Lessor, or remove his boat promptly from the Marina, if lease is so terminated, as the case may be.

________________________________             _____________________________
 

The Henze Group LLC                                           American Real Estate & Leasing Group LLC
                                                                                                               
 

________________________________            _________________________________
Robert M. Jennings, member                                   Robert M. Jennings, associate broker