After dealing with the ARAMARK moorage agreement for several years, I decided to take a stand to protect the boater's rights at Lake Powell. ARAMARK's insistence that we all sign their 2009 agreement and their threat letters advising us they will charge us the nightly rate if we do not sign it, finally prompted me to send my pre 2003 agreement to my attorney for her review and comments. The letter she sent to ARAMARK is below. If you have a pre 2003 agreement and have not signed a 2003 or later agreement, please contact me if you have not already at
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or 602.437.1948 Office, 602.376.2550 Mobile, 480.759.8607 Home.
Mark Giebelhaus, Commodore
Scottsdale, Arizona 85251
April 10, 2009
Amy Kania, Field Systems Manager
Lake Powell Resorts & Marina, Page, AZ
Re: Mark and Terry Giebelhaus
This law firm represents Mark and Terry Giebelhaus. Mr. Giebelhaus has forwarded to me copies of your recent correspondence to him related to a 2009 Moorage and Dockage Agreement that you have demanded he sign or be subject to a transient (and, significantly higher) rental of his boat storage space. I have also reviewed Mr. Giebelhaus's August 20, 2002 Boat Storage License Agreement (2002 Agreement).
It is my opinion that the 2002 Agreement is in full force and effect and that you have no legal right to terminate that Agreement, demand that Mr. Giebelhaus sign the 2009 Moorage and Dockage Agreement, or charge him any rate other than that provided by the terms of the 2002 Agreement. You will note that the first numbered paragraph of the 2002 Agreement provides as follows: "This Agreement shall be in effect from the first date set forth above and shall continue until terminated by Owner or Concessioner in accordance with Section 8 below." (emphasis supplied) Section 8 permits termination for cause only. I understand that you believe the notation "monthly" next to the words "Expiration Date" above the first numbered paragraph implies that this is a monthly lease that can be terminated on 30 days notice. Clearly, however, the notation "Monthly" only designates the payment cycle.
The 2002 Agreement is clear and unambiguous and is still in full force and effect. Accordingly, Mr. Giebelhaus respectfully declines to sign the 2009 Moorage and Dockage Agreement. We demand that you continue to bill Mr. Giebelhaus in accord with the 2002 Agreement. If you wish to discuss this matter with me directly please do not hesitate to call.
SACKS TIERNEY P.A., Sharon B. Shively
(Reformatted and Condensed)
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