Slip or Space
1. This agreement entered into this ______day of ______, ______by and between Hampton River Marina II, LLC, herein known as the LANDLORD, and ______who resides at______, herein known as the TENANT, Subject to the following terms and conditions:
Lease Plan: ______From______, Ending______.
Boat Name ______Description______Regis. # ______State ___
Slip Length ______LOA ______Motor: 1 or 2 ______Make ______HP ______
Phone # ______Cell Phone # ______e-mail ______
Length / Rate/Ft. / AmountWet Slip / Summer / Winter Year Round
Dry Storage / Summer / Winter
Year Round
Rack Storage / Summer / Winter Rack Special
Dock Electric / Summer / Winter*
Environmental Surcharge / 3.0% / Initials
Other Charge
Contract Total
Deposit / ($ )
Balance to be paid in full no later than ______, _____
* billed monthly based on meter reading
Late fee for each month or partial month balance remains unpaid after ______, ______/ Initials / $ 50.00
Late fee for each day boat remains in water or on land after ______, ______/ Initials / $ 50.00
I have received a copy of the Emergency Spill Procedures and Rules for Boat Maintenance, and agree to be bound by all regulations.. / Initials
PAYMENT SCHEDULE note: Plan I and Plan III are not available after
Plan I and Plan III: 100% of contract total due at contract signing
Plan II: 25% of contract total due at contract signing. Balance in equal installments Jan.31, Feb.28, Mar.31
Plan IV: 25% of contract total due at contract signing. Balance in equal installments Jan.31, Feb.28, Mar.31,
INSURANCE
Copy of current declaration page on file? _____ Yes _____ No Date to be submitted: ______
Insurance Company: ______Policy # ______Effective Date ______
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2. LANDLORD reserves the right to assign dock space, but all efforts consistent with good business practices and the rights and desires of other tenants will be exercised in an effort to assign dock space desired by the TENANT. '
3. It is agreed that the TENANT shall not assign, transfer or permit the use of assigned space to any other party without written consent from the LANDLORD.
4. TENANT agrees that only reasonable and customary use will be made of the docks and facilities covered hereby, and that unnecessary wear and tear,
disturbance, nuisance, rubbish or garbage will not be permitted on the docks or premises, that nothing shall be screwed, nailed or otherwise permanently affixed to
the docks, and that TENANT will keep dock and premises covered hereby free and clear of gear, tackle and all other obstructions, and further agrees to throw or discharge nothing, including treated effluent or sewage from heads or storage tanks, gray water of any kind, or bilge waste, into the harbor, or Marina basin.
5. Any infraction of the rules and regulations contained herein or posted in the marina office shall, at the option of the LANDLORD, cancel this lease agreement upon ten (10) days notice, and the TENANT shall remove his boat from the premises without the return of fees for space rental.
6. If TENANT desires to dock a boat other than the one described within, TENANT must secure permission of the LANDLORD and pay additional fees as applicable.
7. The LANDLORD cannot and does not guarantee the continuity of electrical service where provided.
8. The use of torches, welding equipment, and open flame barbecue equipment other than propane, flammable or toxic removers or any other hazardous equipment is
prohibited. Use of barbecue equipment of any kind on the docks is strictly prohibited.
9. The LANDLORD is not responsible for delays in hauling, launching or winter lay-up, occasioned by inclement weather or any other circumstances beyond its control.
10. TENANT may work on his own boat if such work does not interfere with the rights, privileges and safety of other persons or property. Any outside mechanic, craftsman or person performing any work on TENANT'S boat while in or on the premises of LANDLORD must be approved by, and shall be required to first provide LANDLORD or his yard manager with a standard acceptable certificate of workman's compensation and liability insurance coverage in order to protect the health, safety, welfare and property of other tenants and the Marina. Approval shall be at the sole discretion of the Marina management. All outside mechanics or craftsmen shall be prohibited under all circumstance from performing shrink-wrapping, oil and oil filter changes. Shrink wrapping, bottom sanding, scraping, painting, topside painting, spray painting, pressure washing, welding, blocking of boats, hoisting work and any activity involving hazardous materials, shall be prohibited by all outside personnel and the boat owner. Failure to meet these requirements would require that TENANT'S boat be removed from the premises of LANDLORD for repairs.
11. Removal of used oil is the responsibility of the TENANT. No oil will be thrown in dumpsters or otherwise deposited on LANDLORD'S premises.
12. Rent on space is DUE AND PAYABLE IN ADVANCE unless other arrangements have been agreed upon. Boats may not be launched until all fees are paid and insurance requirements in Paragraph (15) are met.
13. TENANT duly authorizes LANDLORD, its agents or employees to move and/or operate TENANT'S boat during the making of repairs and hauling and launch procedures or for normal marina operations solely at TENANT'S risk.
14. It is UNDERSTOOD AND AGREED that no boat is to be removed from its space until all charges for space rental, service, and/or materials have been paid in full.
15. TENANT AGREES THAT IN THE EVENT SUIT IS BROUGHT ON BEHALF OF THE LANDLORD AGAINST TENANT TO COLLECT ANY AMOUNTS DUE OR TO BECOME DUE HEREUNDBR, OR TO ENFORCE ANY APPROPRIATE MARITIME OR OTHER LIENS, THE TENANT SHALL PAY THE
LANDLORD'S REASONABLE ATTORNEY FEES FOR SUCH SUIT OR COLLECTION, PLUS COSTS AND THE MAXIMUM RATE OF INTEREST AS
PROVIDED BY LAW.
16. In the event TENANT fails to remove his boat and property from the space rented to TENANT at the termination of the space rental term as defined in Paragraph one (1) of this agreement, LANDLORD may at its sole option; (1) charge to TENANT'S account rent daily at the prescribed rate for each day or portion thereof the space is occupied; (2) avail itself of the remedies provided for in Paragraph (14); and (3) avail itself of any other remedy available to LANDLORD under law.
17. If TENANT becomes delinquent in rental payments or payments for other services, the LANDLORD shall have the right to take over the property of the
TENANT and to secure the property to the space occupied, or to store it in any other location. A late fee of $50.00 will be payable for each payment which is more than
30 days past due. Interest at 12% per year may be added to outstanding balances. If slip rental payments shall remain unpaid for a period of 30 days from the due date under the terms of this agreement, the LANDLORD shall have the right to cancel the agreement and to retain all previously paid amounts under the agreement as liquidated damages. Space made vacant by the removal of property of the TENANT or cancellation of the agreement may then be rented to another tenant at the discretion of the LANDLORD.
18. INSURANCE: TENANT agrees that he will keep the boat fully insured with complete marine insurance, including hull coverage and indemnity and/or liability insurance. Tenant will provide landlord with a copy of his/her certificate of insurance before boat may be launched. Tenant agrees to name Landlord as additionally insured. THE LANDLORD DOES NOT CARRY INSURANCE covering the property of the TENANT. THE LANDLORD WILL NOT BE RESPONSIBLE for any injuries or property damage resulting, caused by, or growing out of the use of dock or harbor facilities. The TENANT RELEASES AND discharges the LANDLORD from any and all liability from loss, injury (including death), or damages to persons or property sustained while in or on the facilities of LANDLORD, including fire, ice, collision, or accident, or any Act of God, whether said boat is being parked or hauled by an agent of LANDLORD or not. TENANT assumes all responsibility for TENANT”S guests, including compliance with all Marina regulations, all liability for guests’ loss, injury or death, or damage to persons or property while in or on the facilities of LANDLORD. LANDLORD is not responsible for missing items from boats including outdrives, electronics and props. Negligence on the part of the LANDLORD will not negate the terms of this paragraph.
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19. Operation of the boat shall be restricted to TENANT'S SIGNATORY TO THIS AGREEMENT unless otherwise specified IN WRITING herein.
20. TENANT may provide LANDLORD with a set of main door or hatch and ignition keys. The boat will be entered by LANDLORD only for emergency purposes.
21. IN CASE OF EMERGENCY, as determined by LANDLORD, the LANDLORD shall be authorized to move the subject boat, if possible and practical, to a safer area to protect the boat, property or general welfare if the boat is unattended and TENANT cannot be reached. However, UNDER NO CIRCUMSTANCES is LANDLORD under any obligation to provide this service. Any costs incurred by LANDLORD sha1l be billed at the yard rate or as posted in the office. TENANT agrees to indemnify and hold harmless from any and all 1iabillty, loss or damage caused by or to the subject boat which may arise out of failure of the TENANT to move the boat, the inability of the LANDLORD to reach the TENANT, or by the movement of the boat by the LANDLORD. In general, the TENANT shall be solely responsible for any emergency measures.
22. DRY STORAGE PROTECTIVE COVERING: The TENANT assumes full responsibility for providing adequate covering to protect the boat from any and all perils and for the proper maintenance of such covering while the boat is on or in the premises of the LANDLORD. Coverings or tie downs for covers shall not be tied to jack stands.
23. REMOVAL OF PERSONAL PROPERTY: The TENANT should remove any personal property from the boat prior to dry storage. IT IS UNDERSTOOD AND AGREED THAT LANDLORD WILL NOT BE RESPONSIBLE FOR ANY ITEMS OF PERSONAL PROPERTY LEFT IN THE BOAT.
24. BOAT SINK1NG: In the event TENANT'S boat shall, for any reason, sink whi1e berthed in a slip, at dockside or while otherwise occupying marina waters used by customers of LANDLORD, LANDLORD may, if TENANT cannot be contacted immediately, and if said sunken boat constitutes a safety or water navigation hazard to other boaters, take immediate steps to raise and remove and/or repair said boat. All costs shall be at TENANT’S expense. Damage to the boat, engine or other components of the boat which may result from the raising of the boat shall not be the responsibility of the Marina.
25. If the TENANT’S boat leaves the Marina for a period that exceeds 24 hours, the LANDLORD has the right to assign said slip for use as a transient slip for the vacated time. TENANT shall notify LANDLORD of any intended vacancy which exceeds 24 hours, and the expected return date and time.
26. All pets must be leashed at all times when not on vessels and must be walked away from walkway areas to relieve themselves. Owners must pick up after their pets.
27. Dinghies may be kept in TENANT’S slip at no additional charge so long as it does not create any inconvenience for other boaters in the Marina and it does not protrude or cause the main boat to protrude into any Marina fairway. Jet skis are not permitted in the Marina without approval of the Marina Management. There is an additional charge for jet skis. Dinghies which do protrude or are a problem for other boaters must be moved to the dinghy dock and the standard Marina dinghy fee will be assessed to the owner.
28. Boaters should be considerate of others in the Marina. Excess noise which may be disturbing to others is discouraged. TENANT agrees to curtail all outside activities after 11:00 PM which may cause a disturbance to surrounding boaters, including the playing of music, loud conversation or any other loud noises. Excessive disturbance may be cause for the cancellation of the lease as set forth in paragraph 5 above.
29. All children under thirteen years of age are required to wear a personal flotation device when on the docks.
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30. If a rack customer requests his boat to be launched prior to arrival at the Marina, and the boat has not been taken out within 30 minutes of the requested launch time, or by 8:00 AM, if a late day launch had been requested to accommodate an early morning departure, the boat may be hauled at the discretion of the Management. Subsequent launches on that same day will be charged to the customer at the rate of $1.00 per linear foot.
26 a. Rack boats must leave the dock within 30 minutes of launch, and are subject to haul within 15 minutes of docking.
27 b. Rack boats must be equipped with at least two easily attached fenders and two dock lines no shorter than the overall length of the boat.
31. Bike riding, rollerblading, skateboarding or other such activity is strictly prohibited on the ramps and docks as well as in parking areas and roadways. All
persons engaging in such activity in prohibited areas do so at their own risk. '
32. The Customer is responsible for adherence to the rules of the Marina. Please be aware of specific regulations not covered in this lease or not specifically communicated in another manner by checking postings in the Marina Office.
33. ENTIRE AGREEMENT: The Slip & Storage Contract and other regulations posted in the Marina office contain the entire understanding between the TENANT and the LANDLORD and no other representation or inducement, verbal or written, has been made which is not contained in this agreement. LANDLORD and TENANT agree that if any paragraph or provision violates the law and is unenforceable, the rest of the contract will be valid.
Tenant agrees that all charges for space rental, repairs, or any services or materials accruing under the terms of this contract or any work order shall give the landlord a valid lien upon tenant's boat and/or motor and that no boat shall be removed from landlord's premises until all charges are paid. Tenants who knowingly circumvent the marina’s policies regarding payment for storage or services may be evicted from the marina with no refund of deposits or payments.