Brandermill owns floating docks which are located on the Swift Creek Reservoir, in
Midlothian, Virginia, adjacent to property owned by 5800 Harbour Lane, LLC, a Virginia limited liability company (the “Adjacent Property”). Boat Owner desires to lease a mooring space at such docks from Brandermill pursuant to the terms and conditions of this Lease.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledge, Brandermill and Boat Owner agrees as follows:
1. Lease of Boat Slip. Brandermill hereby grants Boat Owner permission to moor
his/her Boat (as more particularly described below) at the docks in their assigned space, provided that Brandermill reserves the right to reassign a different slip to Boat Owner.
2. Term. The term of this Lease commences on January 1, 2026 and expires on
December 31, 2026 (the “Term”).
3. Boat Ownership and Boat Information. Boat Owner must be a current member in good standing of Brandermill Community Association and remain a current member in good standing during the entirety of the Term of this Lease. The Boat Owner attests that the identified Boat is titled and insured in the name of the registered member of Brandermill Community Association. Only the Boat, as identified in this section, is authorized to be moored in the Boat Slip during the Lease term.
Boat Owner understands and agrees that the boat size shall not impede upon another member’s Boat Slip and/or obstruct ingress and egress to another Boat Slip within the marina.
In the event that the Boat Owner relinquishes ownership of the Boat identified above during the term of this Lease Agreement, the Boat Owner must provide written notification to Brandermill within thirty (30) days of transfer of Ownership.
During the term of the Lease Agreement, in the event that the Boat Owner legally acquires a different Boat to be moored in the Boat Slip other than is identified above, the Boat Owner must provide all required Boat Information to Brandermill within thirty (30) days of Boat Ownership
and moorage.
4. Rental; Other Charges. Simultaneously with the execution and delivery of this
Lease, Boat Owner agrees to pay an annual rental amount of one thousand, one hundred dollars ($1,500.00) Payable to:
Brandermill Community Association, Inc., 3001 East Boundary Terrace, Midlothian, Virginia 23112, which payments shall be due and payable upon execution and delivery of this Lease, before January 31, 2026.
5. Insurance. With the execution of this Lease, Boat Owner shall provide evidence
that Boat Owner carries personal/watercraft insurance in an amount not less than $300,000.00.
6. Services. Brandermill agrees to supply reasonable water and electricity to the
Slip, provided that Brandermill shall not be liable to Boat Owner for any loss, cost or damage incurred or suffered by Boat Owner as a result of the failure to furnish, or interruption of, such services for any reason.
7. Maintenance. Boat Owner shall be solely responsible for the maintenance of the Boat and agrees to keep its Boat, the Slip and the surrounding area in a neat and orderly condition, and free of debris. Brandermill is not responsible for the Boat or any personal property or equipment of Boat Owner used or left at the Slip. Additionally, any damage caused to the Boat, the Slip or any other property of Brandermill in any way related to the use of the Slip by the Boat Owner or anyone claiming under Boat Owner (including Boat Owner’s contractors, agents, employees, guests, invitees and visitors), shall be the responsibility of the Boat Owner and not Brandermill.
8. Compliance with the Applicable Covenants and Rules and Regulations. Boat Owner agrees to comply with all applicable covenants and conditions of record, easement agreements applicable to the Slip of the Adjacent Property, and any and all applicable rules and regulations of Brandermill, including those governing the use of the Slip.
Boat Owner acknowledges that Brandermill may amend such rules and regulations from time to time as Brandermill deems appropriate in its sole discretion.
9. Events of Default. Any one or more of the following events shall constitute an
“Event of Default” hereunder:
a) Boat Owner shall fail to pay any rent or other charges requires to be paid by Boat Owner under this Lease when due: or
b) Boat Owner shall fail to observe or perform any other term, covenant or condition of this Lease, and such default shall not have been remedied within five (5) days after written notice by Brandermill to the Boat Owner, specifying such default and requiring in to be remedied.
c) Boat Owner ceases to be a member of Brandermill.
10. Remedies. Upon the occurrence of an Event of Default, Brandermill, without
notice to Boat Owner in any instance (except where expressly provided for by law), may do any one or more of the following:
a) perform, on behalf of and at the expense of Boat Owner, any obligation of Boat Owner under this Lease which Boat Owner has failed to perform, the cost of which performance by Brandermill, together with interest thereon at the rate of twelve percent (12%) from the date of such expenditure, shall be deemed additional rent and shall be payable by Boat Owner to Brandermill upon demand; or elect to immediately terminate this Lease and any rights to the Boat Owner created hereby, effective immediately, by giving notice of such election to Boat Owner; or
b) exercise any other legal or equitable right or remedy which Brandermill may have.
11. Indemnification. Boat Owner will indemnify and hold Brandermill and 5800
Harbour Lane, LLC, a Virginia limited liability company (“5800”), their respective successors and assigns and their respective officers, directors, agents and employees harmless from and against any and all demands, claims, causes of action, fines, penalties, damages (including consequential damages), and losses, in connection with or arising from:
(a) the use or occupancy of the Slip or the Adjacent Property by Boat Owner or by any person or entity claiming under Boat Owner (including Boat Owner’s contractors, agents, employees, guests, invitees and visitors),
(b) any activity, work, or thing done or permitted or suffered by Boat Owner in or about the Boat Slip or Adjacent Property,
(c) any acts, omissions, negligence (including gross negligence), or intentional misconduct of Boat Owner or any person or entity claiming under Boat Owner, or the contractors, agents, employees, invitees, or visitors of Boat Owner,
(d) any breach, violations or nonperformance by Boat Owner or any person or entity claiming under Boat Owner, or the contractors, agents, employees, invitees, or visitors of Boat Owner, of any term, covenant, or provision of this Lease or any law, ordinance, or governmental requirement of any kind, or
(e) any injury or damage to the person, property, or business of Boat Owner, its employees, agents, contractors, invitees, visitors or any other person or entity entering upon the Boat or Slip or Adjacent Property under the express or implied invitation of Boat Owner.
If any action or proceeding is brought against Brandermill or 5800, their officers, directors, employees, or agents by reason of any such claim, Boat Owner will, upon notice from Brandermill or 5800, defend the claim at Boat Owner’s expense with legal counsel reasonably satisfactory to Brandermill or 5800, as applicable.
12. Assignment and Subletting. Boat Owner shall not by operation of law or
otherwise, sell, assign, mortgage, encumber, pledge, sublease or in any manner transfer or otherwise dispose of this Lease or any interest herein.
13. Renewal. This Lease shall not renew, and instead, a new lease must be executed for any future rental of a Slip (which consent to a new lease Brandermill may grant, condition, or deny in its sole and absolute discretion).
14. No Liability. Brandermill does not hereby assume custody or possession of the
Boat or any responsibility whatsoever for the care or protection of same, and Boat Owner hereby assumes all risks associated with the use and occupancy of the Slip.
15. Miscellaneous.
a) Waivers: Severability. The waiver by Brandermill of the performance of any
covenant, condition or promise shall not invalidate this Lease nor shall it be considered a waiver or any other covenant, condition, or promise hereunder. In the event any provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed severable from the remaining provisions of this Lease and the remainder of this Lease shall continue in full force and effect.
b) Inurement. Subject to any restrictions against assignment and the like
contained herein, this Lease shall inure to the benefit of and shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto.
c) Governing Law. This Lease and its validity, meaning, and performance shall
be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia. It is further agreed that in the event litigation is required to be commenced in order to enforce the provisions of this Lease (or predicated on a breach of this Lease), the proper place of jurisdiction and venues for such action shall be the Circuit Court or General District Court for the County of Chesterfield, Virginia.
d) Counterparts. This Lease may be executed in two or more counterparts, each
of which shall be deemed to be an original and all of which shall constitute one instrument.
e) Notices. Any notice required or permitted by the Lease shall be given by
certified mail, return receipt requested, to the address specified by the signature of the parties hereto, and, unless otherwise provided for herein, shall be deemed given three (3) days after the date deposited in the United States mail.
Attorney’s Fees. In any action or proceeding arising out of a dispute relative to or breach of the provisions of this Lease, the prevailing party(ies) in such action or proceeding shall be entitled to recover from the non-prevailing party(ies), in addition to such other relief as the court or tribunal may award, reasonable attorneys’ fees, together with any and all costs and expenses incurred in connection with such action or proceeding, including, without limitation, any and all attorneys’ fees, costs, and expenses incurred in the prosecution or defense of any appeal thereof.