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LAKE
SHERWOOD ASSOCIATION AGREEMENT between Lake Sherwood Association (“LSA”), a
Michigan nonprofit corporation located in Commerce Township, Michigan, and the
individual(s) identified below (hereafter referred to as “User”) with
respect to A-Lot dock slip use by: Email Address: 1.
Slip Assignment. User is an active LSA member in good standing and is the
owner of watercraft eligible for dock space on an A-Lot. In consideration of this fact, and a User’s payment of the
Slip Fee of $300 (receipt of which is hereby acknowledged by LSA).
LSA hereby assigns User the exclusive use of the indicated one half of
one dock (hereafter referred to as “Slip”). 2.
User Obligations. In
consideration for the Slip assignment in Section 1, above User agrees to
maintain the dock (and the lift, if applicable), at User’s expense, in a
manner that conforms to the requirements of the LSA Bylaws, the Dock
Specifications attached to this Agreement, and to any other reasonable dock
maintenance requirements published from time to time by the LSA A-Lots and Docks
Committee. User agrees to use best
efforts to cooperate, financially and otherwise, in a reasonable manner with the
user of the slip on the other side of User’s dock to ensure that the dock is
maintained at all times in a manner that meets the requirements of this
Agreement. User further agrees to
remain an active LSA member in good standing, and to abide by all provisions of
the LSA Bylaws as a requirement for continued Slip use under this Agreement. 3.
Initial Term of Use and Renewal Terms.
The effective date of this Agreement shall be the date it is accepted and
signed by the Chairman of the LSA A-Lots & Docks Committee as indicated in
the space provided below. Unless it
is terminated in accordance with Section 4, below, this Agreement will remain in
effect for an initial term of one year, and will be renewed annually by LSA on
the same terms for successive renewal terms of one year each provided
User is not in breach of this Agreement and User: (a) promptly
submits a completed A-Lot Dock Slip Registration Form each year with full
payment of LSA dues for that year; (b) continues to be an active LSA member in
good standing, and (c) continues to own watercraft eligible for a Slip in
accordance with the then applicable LSA bylaws as well as the rules, regulations
and guidelines published by the A-Lots & Docks Committee from time to time. 4.
Termination. This
Agreement, and User’s Slip assignment, will terminate immediately on the date
User no longer owns real property in LSA Territory as defined in the LSA Bylaws.
User acknowledges and agrees that User cannot assign this agreement
or transfer use of the Slip (including its associated dock) to any other person,
or to any subsequent owner of User’s real property without the prior written
consent of the Chairman of the LSA A-Lots & Docks Committee.
Any attempted assignment or transfer of this Agreement, or of the User
rights specified herein, will result in immediate and automatic termination of
this Agreement without further action by LSA. 5.
Remedies. User’s failure to adhere to any term of this Agreement will
be deemed to be a violation of the LSA rules and regulations pursuant to Section
10.01 of the LSA Bylaws, and LSA may take any action described in Section 10.02
and Section 10.03 of the LSA Bylaws to enforce the terms of this Agreement in
addition to any other action allowable in law or equity to enforce the terms of
this Agreement. In addition, if
User fails to meet the obligations set forth in Section 2 of this Agreement, LSA
may take any action necessary to bring User’s dock into compliance with the
Dock Specifications then in effect (up to and including replacement of the dock)
at the User’s expense, and User’s proportional share of such amount will be
added to the individual User’s current Association dues if it remains unpaid
for more than thirty (30) days after the date LSA bills User therefore. 6.
Special Terms. 7.
Hold Harmless. User shall indemnify, hold harmless and
defend LSA, its officers, members and agents from all claims, damages and
liability, including attorney’s fees, arising out of any alleged acts or
omissions of User (including acts
or omissions of User’s agents, contractors or employees) in connection with
User’s exercise of rights and User’s performance of responsibilities under
this Agreement. 8.
Complete Agreement. This
Agreement (including all documents referenced herein) is the complete and
exclusive agreement of User and LSA regarding its subject matter, and it
supersedes any previous communications, representations, negotiations, or
agreements between the parties regarding such subject matter, whether verbal or
written. Any modifications to this
Agreement (except for modifications to the Dock Specifications or to the LSA
Bylaws) shall be made in writing and signed by both User and LSA’s authorized
representative. Print ALL Pages and
Sign - 3 copies:
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