2011 SAMOSET AT WINNIPESAUKEE CONDOMINUIM ASSOCIATION

KAYAK/CANOE AGREEMENT

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è AGREEMENT made this day of 2011 by and between (“Unit Owner”) and Samoset at Winnipesaukee Condominium Association (“Association”) regarding the storage and use of kayaks and canoes.

WITNESSETH

WHEREAS, Unit Owners requested that the Association construct and make available racks for the storage of kayaks and canoes;

WHEREAS, the Association responded to the requests of the Unit Owners and constructed racks for the storage of kayaks and canoes;

NOW THEREFORE, the Unit Owners and Association, in exchange for valuable consideration, the receipt of which is hereby acknowledged, agree as follows:

  1. STORAGE: The racks will accommodate up to sixteen (16) kayaks or canoes. Storage will be allowed from Memorial Day to Veterans’ Day. Any kayak or canoe not removed by Veterans’ Day may be disposed of by the Association.
  2. ASSIGNMENTS: The assignment of the racks shall be made at the sole discretion of the Board of Directors. The assignments will be made annually with the goal of providing access to interested parties that actively use their kayaks or canoes. Assignments shall be limited to one rack per unit.
  3. APPLICATION: Any Unit Owner interested in storing a kayak or canoe shall complete an Application on a form provided by the Board of Directors and execute this Agreement.
  4. USE: The racks are only for storage of kayaks and canoes. Life jackets, paddles, helmets and related property and equipment shall not be left in the kayaks or canoes or in the area of the rack. The Directors desire that the racks keep in visual harmony with the use and enjoyment of the site and may adopt rules from time to time regarding use of the rack.
  5. RACK FEE: Any Unit Owner assigned a rack shall pay a seasonal rack fee of $50.00. The Association shall provide the Unit Owner with a lock to secure the kayaks or canoes when not in use. The Unit Owner shall keep the kayaks or canoes locked at all times when not in use. The Association shall refund the rack fee provided the Unit Owner complies with all rules and regulations, returns the lock in good condition, and removes the kayak or canoe on or before Veterans’ Day.

6.  LIABILITY: THE ASSOCIATION EXPRESSLY DISCLAIMS ALL LIABILITY OF EVERY KIND AND NATURE. UNIT OWNERS AGREE TO STORE AND USE THE CANOES AND KAYAKS AT THEIR OWN RISK AND WITH THE ASSUMPTION OF RISK OF LOSS. THE UNIT OWNER SHALL INDEMNIFY, DEFEND, AND HOLD THE ASSOCIATION HARMLESS FROM CLAIMS OF EVERY NATURE AND KIND, (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH) RELATED IN ANY WAY, WHETHER DIRECTLY OR INDIRECTLY TO THE STORAGE, USE, AND TRANSPORT OF ANY KAYAK OR CANOE.

7.  TERMINATION: The Association may terminate the right of any or all Unit Owners to use the racks at any time for any reason. The rack system is new to the community and the Association reserves all discretion to terminate or modify the program and the rules and regulations.

8.  AUTHORITY: The Unit Owner represents that he or she is the Owner of Unit , ç and has full power and authority to execute this Agreement on behalf of all owners of the aforementioned unit.

9.  LAUNCHING: Kayaks and canoes must be launched and unloaded from the drop-off dock and must not be carried across the beach or launched/used in the designated swim area.

10. 

Signed at Gilford, New Hampshire by checking the boxes below:

ç

Unit Owner: ç Samoset at Winnipesaukee

Condominium Association

Unit Number: ç By: , duly authorized

Kayak-Canoe Agreement – 2011, 3/1/11 Page 2 of 2