USE OF SLIP. This agreement includes the right to moor Tenant's vessel to the adjacent float. Use of this float is in common with others and Tenant shall not place equipment, structures, or other items on the float, nor shall Tenant alter, add to, damage, or otherwise disturb the float structure. No bumper materials shall be fastened to a float structure without the Port's prior approval. Tenant shall not maintain anything that may be dangerous to life, or limb, or permit any objectionable noise or odor on his or her boat, Marina premises, or premises adjacent thereto, or permit anything to be done on said premises which in any way will tend to create a nuisance or to disturb any other vessel owner, guest or Tenant of the Port. Initials 9. OVERHANG In order to protect people walking the docks and vessels navigating the fairways, Cap Sante Marina has a “no overhang” policy for vessels moored at the Marina. This means that if any portion of a vessel or its gear (i.e. swim step, bow pulpit, bow sprit, rails, outboard motors, etc.) extends over the end of the finger float, or the walkway, the vessel is considered too long for the slip. Tenant recognizes the “no overhang” policy and attests that the vessel designated herein fits the assigned slip. Tenant acknowledges Port staff will measure the vessel for official length overall (LOA) and failure to fit the assigned slip, including future modifications to the vessel affecting LOA, will be grounds for immediate termination of this agreement. 10. ELECTRICITY Fee for base electric service is the monthly rate designated herein, due and payable as is the moorage fee provided for in paragraph 1 above. If Tenant is provided electrical service in excess of the base service, he or she shall pay for the excess service as billed for the same. Should electrical service charges become delinquent, the Port shall have the right to disconnect all power until such time as the Tenants’ account is brought current. Tenant agrees to pay all connecting and disconnecting charges relative to electrical service. The Port does not guarantee the continuity or characteristics of electrical service and its compatibility with the vessel's electric circuit protector, if any, or any effects of electrolytic action. All extension cords must be three wire grounded type of an adequate size, and with the proper sized plug ends, to handle the amperage being used. Improper cords will be impounded by the Port and will be returned only when a proper cord has been ...
USE OF SLIP. Lessee shall use the Slip(s) only for the purpose of mooring the Boat and/or PWC. Lessee shall be entitled to the use of such electric and water utilities (if applicable) as may be available from time to time immediately adjacent to the Slip(s). Lessee shall not use or occupy the Slip(s), or permit the Slip(s) to be used or occupied, contrary to any statute, rule, order, ordinance, requirement, or regulation applicable thereto, or which would cause structural injury to the improvements therein; or which would cause the value or the usefulness of the Slip(s), or any part thereof, to diminish; or which would constitute a public or private nuisance or waste. Lessee shall also comply with such reasonable rules and regulations as may from time to time be made or established by Lessor with respect to the Slip and/or Marina (“Vessel and Mooring Rules”). Vessel and Mooring Rules for the 2017 boating season shall be set forth on the attached Schedule A. Lessor may supplement or amend such Vessel and Mooring Rules at any time in its sole discretion; provided that Lessor agrees to promptly provide a copy of any notes to amended or supplemented to Lessee. Lessor shall not be responsible to Lessee for the noncompliance by any other lessee to any Vessel and Mooring Rules. Lessor can change the location of the assigned Slip(s) position at its sole and absolute discretion upon proper notification to Lessee. Children and pets are allowed on the dock area and Slip(s) only when accompanied by an adult and/or for the purpose of going to and from the Boat or PWC.
USE OF SLIP. The Slip is for Vessel Owner's exclusive use in connection with the Vessel. Vessel Owner further agrees that the Vessel and the Slip shall be used for recreational purposes only and not in any commercial undertaking or purposes, including but not limited to chartering, rental or brokerage operations, without the prior written approval of the Company. Vessel Owner shall not commit or permit any waste or nuisance to be committed in the Slip, on the Vessel or other place on or in the Marina or the Harbor, and neither he/she nor his/her guests, agents or invitees may commit any act of waste or nuisance, indecorous conduct or any other act which might disturb the quiet and peaceful use of the Marina or the Harbor by others. Vessel Owner agrees no improvements shall be erected, placed upon, operated, nor maintained within or from the Slip or Marina, nor any business conducted or carried on therein or therefrom, in violation of the terms of this Agreement, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency, having jurisdiction. This Agreement and the rights and privileges granted Vessel Owner in and to the Slip and Marina are subject to all covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the Slip and Marina, and including those which are set out in the Tidelands Grant by the State of California to the County of Orange (Chapter 000, Xxxxxxxx xx 0000, Xxxxx xx Xxxxxxxxxx). Nothing contained in this Agreement or in any document related hereto shall be construed to imply the conveyance to Vessel Owner of rights in the Slip and Marina which exceed those owned by Company.
USE OF SLIP. This agreement includes the right to moor Licensee's vessel to the adjacent float. Use of this float is in common with others and Licensee shall not place equipment, structures, or other items on the float, nor shall Licensee alter, add to, damage, or otherwise disturb the float structure. No bumper materials shall be fastened to a float structure without the Port's prior approval. Licensee shall not maintain anything that may be dangerous to life, or limb, or permit any objectionable noise or odor on its boat, Marina premises, or premises adjacent thereto, or permit anything to be done on said premises which, in any way, will tend to create a nuisance or to disturb any other vessel owner, guest, or Licensee of the Port. Licensee further agrees not to use said moorage slip in a manner that is in violation of any applicable laws, ordinances, rules or regulations. Upon termination of this agreement, Licensee shall vacate the slip referenced herein and the physical area adjacent thereto, leaving the same in the same condition in which originally accepted, reasonable wear and tear excepted, broom clean, free of debris and Licensee’s personal property. If any of Licensee’s property is not removed from Port property by the conclusion of this agreement, the Port, though not required to, may, at its sole discretion, elect any of the following remedies, which are cumulative: • To remove any or all of the items and dispose of them without liability to Licensee. The Port shall not be required to mitigate its damages, to dispose of the property in a commercially reasonable manner, or to make effort whatsoever to obtain payment for such items. Licensee agrees to pay the Port’s costs and damages associated with Licensee’s failure to remove such items (“Disposal Costs”), provided that any net proceeds recovered by the Port in excess of its Disposal Costs will be deducted from Licensee’s financial obligations. Licensee’s financial obligations shall survive the termination of this agreement; • To have title to any or all of such items revert to the Port; • To commence suit against Licensee for damages or for specific performance. Initials 9. OVERHANG In order to protect people walking the docks and vessels navigating the fairways, Cap Sante Marina has a “no overhang” policy for vessels moored at the Marina. This means that if any portion of a vessel or its gear (i.e. swim step, bow pulpit, bow sprit, rails, outboard motors, etc.) extends over the end of the finger float or...
USE OF SLIP. Vessel Owner may use the Slip to moor the Vessel, and for no other purpose. If Xxxxxx Owner sells the Vessel and wants to use the Slip for another vessel, Xxxxxx Owner must obtain authorization from and register the new vessel with City. Vessel Owner represents that he/she has an ownership interest in the Vessel and Vessel Owner is fully authorized to bind all owners of the Vessel to the terms and conditions of this Agreement. If an agent of Xxxxxx Owner, including a captain, is signing this Agreement, said person must present proof that he/she has the authority to bind the Vessel Owner. Vessel Owner shall not alter the Slip, dock area or utilities. Vessel Owner shall not install or place any personal property, dinghies, small vessels, equipment, boxes, or lockers of any type on the docks or over the Slip, without the written permission of Marina. No modification or changes, in any manner, to the slip, dock box, finger, or pilings shall be permitted under any circumstances. Use of Cabrillo Way Marina or the Slip for the purpose of conducting business including, but not limited to, chartering the Vessel, is prohibited unless authorized in writing by the City.
USE OF SLIP. The Slip is for Licensee's exclusive use in connection with the Vessel. Licensee further agrees that the Vessel and the Slip shall be used for recreational purposes only and not in any commercial undertaking or purposes, including but not limited to chartering or brokerage operations, without the prior written approval of the County. Except as provided in this Paragraph 3 (Use of Slip), Licensee agrees not to use the Slip or Marina for any other purpose nor to engage in or permit any other activity within or from the Slip or Marina. Licensee shall not commit or permit any waste or nuisance to be committed in the Slip, on the Vessel or other place on or in the Marina or the Harbor, and neither he/she nor his/her guests, agents or invitees may commit any act of waste or nuisance, indecorous conduct or any other act which might disturb the quiet and peaceful use of the Marina or the Harbor by others. Licensee agrees no improvements shall be erected, placed upon, operated, nor maintained within or from the Slip or Marina, nor any business conducted or carried on therein or therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency, having jurisdiction. This License and the rights and privileges granted Licensee in and to the Slip and Marina are subject to all covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the Slip and Marina, and including those which are set out in the Tidelands Grant by the State of California to the County of Orange (Chapter 000, Xxxxxxxx xx 0000, Xxxxx xx Xxxxxxxxxx). Nothing contained in this License or in any document related hereto shall be construed to imply the conveyance to Licensee of rights in the Slip and Marina which exceed those owned by County
USE OF SLIP. Boat owner may use the slip only to berth his vessel and for no other purpose. Xxxxxx reserves the right to exclusive control over the use of the slip space and to move the boat at its discretion. Xxxxxx reserves the right to use boat owner’s slip for transients when slip is not being used by owner. Xxxxxx xxx utilize boat owner slip in the event of an emergency when boat owner is absent for more than 24 hours. We request that you notify the Marina office if your slip will be vacant so we can accommodate transients. The Marina can work to ensure your slip is vacant upon your return and provide slips for fellow boaters only if we know your schedule. Without notification your slip may be occupied upon your return.
USE OF SLIP. Boat Owner may use the Slip only to moor the Boat, and for no other purpose. FIYC reserves the right to exclusive control over the use of the dock space and has the right to refuse to grant a license to any person for any reason. If Boat Owner sells the Boat and wants to use the Slip for another boat, Boat Owner must first get permission from and register the new boat with FIYC. Boat Owner represents that Boat Owner has an ownership interest in the Boat and/or Boat Owner is fully authorized to bind all owners of the Boat to the terms and conditions of this Agreement. If an agent of Boat Owner, including a captain, is signing this Agreement, said person represents that he/she has the authority to bind the Boat Owner. Boat Owner shall be responsible for the conduct and control of all guests, agents or others invited to FIYC. Conduct by Boat Owner or his guests or agents that might disturb or cause harm to any person, damage property, be a nuisance or harm the reputation of FIYC (including use of drugs or becoming intoxicated by alcohol) shall, at the option of FIYC, be cause for immediate termination of this Agreement by FIYC. Boat Owner shall not alter the Slip, dock area or utilities services. Boat Owner shall not install or place any personal property, dinghies, small boats, equipment, boxes, or lockers of any type on the Slip, without the written permission of FIYC. Use of the FIYC Marina or the slip for the purpose of conducting business including, but not limited to, chartering the boat, is prohibited and may result in immediate termination of the License Agreement without a refund. Upon termination of the Agreement, Boat Owner shall surrender the Slip in good order and repair, other than normal wear and tear resulting from ordinary use.
USE OF SLIP. Boat Owner may use the Slip only to moor or store the Boat, and for no other purpose. Xxxxxx reserves the right to exclusive control over the use of the dock space and has the right to refuse to grant a license to any person for any reason. If Boat Owner sells the Boat and wants to use the slip for another boat, Boat Owner must first get permission from and register the new boat with the Marina. Boat Owner represents that Boat Owner has an ownership interest in the Boat and/or Boat owner is fully authorized to bind all owners of the Boat to the terms and conditions of this Agreement. If an agent of the Boat Owner, including a captain, is signing this Agreement, said person represents that he has the authority to bind the Boat Owner. In the event of a storm, the Boat Owner will be billed for work necessary to secure the Boat. Boat Owner shall be responsible for the conduct and control of all guests, agents, or others invited to the Marina. Conduct by Boat Owner or his guests or agents that might disturb or cause harm to any person, damage property, be a nuisance or harm the reputation of the marina (including use of drugs or becoming intoxicated by alcohol) shall, at the option of the Marina, be cause for immediate termination of the Agreement by xxxxxx. Boat owner shall no alter the Slip, dock area or utilities services. Boat Owner shall not install or place any personal property, dinghies, small boats, equipment, boxes or lockers of any type on the Slip, without the permission of Marina. Upon termination of this Agreement, Boat Owner shall surrender the Slip in good order and repair, other than normal wear and tear resulting form ordinary use.
USE OF SLIP. No authority, right and/or permission is given by this License for the use of the Slip or the surrounding Marina space for any purpose other than as is herein specified, nor to permit the same or any part thereof to be used for any purpose or business other than as is herein specified, nor to permit or suffer any nuisances or illegal operations of any kind in the Slip or the surrounding Marina space. Use of the Slip is at the sole risk of the Licensee. Licensor shall not be liable for any damage to or loss of Licensee’s Vessel or any other property belonging to or in the possession of Licensee, its employees, agents, guests or invitees arising from any cause whatsoever. It is covenanted and agreed to by the parties hereto that Licensor shall not be liable for any loss, damage or injury to the Licensee, its guests, invitees, agents, or employees in connection with the use of the Slip or the surrounding Marina space. With the exception of minor repairs and adjustments as may be necessary to operate Licensee’s Vessel, there shall be no repairs or maintenance to Licensee’s Vessel on or in the vicinity of the Slip or the surrounding Marina space. Licensee’s Vessel shall be in good repair and seaworthy at all times that it is docked at the Slip. Licensor shall in no event be liable for the care or protection of the Vessel. Licensee agrees to indemnify and hold Licensor, its officers, directors, agents, employees and members harmless from and against any and all claims relating to the Vessel and/or the use of the Slip and Marina by Licensee or any of its employees, agents, guests or invitees. The provisions of this Section shall survive the termination of this License.
