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PLEASE REVIEW THE CONTRACT BELOW

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BROWN'S POINT MARINA RENTAL CONTRACT

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CONTRACT PROVISIONS

 

1. The terms of your Rental (rental type, payments owed, arrival and departure and slip assignment) are on your invoice and made part of this contract.

2. Marina contact information and days and hours of operation are posted at the office.

3. This contract must be executed to become a Tenant of the marina. Only the contracted individual and boat as specified on the invoice is allowed at the marina. The contract may not be sublet to a third party. The type of rental, price of your contract, payment terms and your arrival and leave dates are specified on your invoice and made part of this contract. The price per foot is based upon your actual registered boat length (for Slip customers, there is a 25 Ft. minimum exception). Tenant has reviewed and agreed to the assigned slip and cannot change Slip location without approval of the marina. Marina has the sole right to change Tenant’s location at any time during the contract term if necessary. This contract shall be entered into only by an individual who owns and has legal title to the vessel described herein and not a corporation or a partnership.  The individual shall indicate his relationship to any corporation or a partnership, designate the name of the boat and complete the information for said boat as set forth in this contract.  The boat owner of this contract shall allow only the named boat to occupy the assigned space.  If the owner of this contract buys a new boat, Brown’s Point Marina may permit new boat to be berthed as long as the owner submits satisfactory proof of ownership to Brown’s Point Marina any any additional footage paid for in full.  Upon the sale or transfer of title of any boat named in this contract with Brown’s Point Marina for storage space, the purchaser of the boat shall not have an assignment of this contract.

4. You must pay all outstanding invoices when due or you will not have the use of your slip or be launched for rack service. If any invoices go unpaid over 90 days, your vessel shall be considered abandoned and the Landlord has the right to keep your boat and engine(s) as collateral and transfer the title of your boat to the Landlord and sell it with all revenues going to the Landlord. Failure to timely pay the deposit or other installments may result in loss of slip/rack space for the season with NO REFUNDS.  Payments not received within 30 days of the due dates will result in late fees of 18% annually. All payments must be current before taking your boat from the property. Landlord may cancel this contract and demand that Tenant remove their vessel from the premises for infraction of the marina rules or this contract. TENANT AGREES THAT IN THE EVENT SUIT IS BROUGHT IN BEHALF OF THE LANDLORD AGAINST TENANT TO COLLECT ANY AMOUNTS DUE OR TO BECOME DUE HERE UNDER, 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, AS PROVIDED BY LAW. The boat owner hereby agrees that all charges accruing under the terms of this contract shall constitute a valid lien on his/her boat and equipment registered herein and that Brown’s Point Marina may retain possession of said boat and equipment until all charges are fully paid.  The boat owner hereby waives any right to damages or legal action as a result of Brown’s Point Marina’s right to take action noted this contract.  After demand for and nonpayment thereof Brown’s Point Marina may upon fourteen (14) days’ notice to the owner, proceed with such action as may be necessary to enforce the payment of all charges due.  Any reasonable legal fees or other costs incurred by Brown’s Point Marina in the enforcement of this agreement shall be responsibility of the boat owner.

5. 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 at transient rates for each day owed and (2) avail itself of the remedies provided in paragraph eighteen (18); and (3) avail itself of any other remedy available to Landlord under the law.

6. Entire agreement: This agreement contains 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 agreement will be valid.

7. Tenant agrees that only reasonable and customary use will be made of the docks and facilities covered hereby, and that no unnecessary wear and tear, disturbance, nuisance, rubbish or garbage will be permitted on the dock or premises, and that the Tenant will keep dock and premises covered hereby free and clear of gear, tackle and all other obstructions and further agrees to throw nothing, including treated or untreated effluent or sewage from heads or holding tanks in the harbor or basin. Other than the Landlords, no signs, dock boxes or other obstructions will be placed on the docks or pilings.

8. Water and electric may be available on the docks for slip customers and in the staging area for rack customers. Rack customers also have water and electric available in certain locations throughout the yard areas. Electric and water is provided but not guaranteed.  Wires and hoses should not be stored on the dock or in any way that they will cause a hazard to persons walking on the dock. 

9. The use of Harbor or Marina electrical outlets for the operation of power tools, battery chargers, welders, air conditioners, heating units, etc., are prohibited except by special permission.

10. The Landlord cannot and does not guarantee the continuity of electrical service where provided.

11. All hoses must be turned off after use. The marina reserves the right to bill customers for excessive water usage resulting from hoses left running. All water hoses must have auto-shut off nozzles.

12. Fuel is available in close proximity either at Keyport Marine Basin located 500 feet directly south of the main dock or at Pederson’s Marina located one third of a mile northeast of the main dock. Landlord does not guarantee fuel availability. No fueling at the docks ever.  Violating this constitutes a default of this contract and loss of any deposit / payments made by customer. This includes portable fuel tanks.

13. 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 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 shall be billed at the yard rate as posted in the office.  TENANT agrees to indemnify and hold harmless from any and all liability, 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 and all emergency measures.

14. Any misuse of Brown’s Point Marina facilities, property or equipment will constitute cause for the termination of this contract and the forfeiture of any fees paid and the person or persons involved will be expelled from the marina.  This includes but is not limited to improperly disposing of trash, waste oil, and hazardous material, damaging of docks, piers and pilings.  Breech of any part of the above conditions shall constitute valid reason to terminate this agreement and no monies will be refunded.  Boat owners are responsible for any damage caused by his/her boat or person or guest.

15. Recklessness and inconsiderate operation of a boat or other unbecoming behavior will be sufficient cause for eviction and cancellation of this contract.  Absolutely THE USE OF DRUGS OF ANY KIND or EXCESSIVE USE OF ALCOHOL is NOT allowed on the property or docks No swimming will be allowed in the marina.  Crabbing and fishing should be done off your own boat, not someone else’s or off the dock.  Fish cleaning will not be permitted on the docks, only in designated areas.

16. You are at all times responsible for the behavior of your guests and/or other members of your family.  They are only permitted in the marina while you are present or are going to be shortly.  They should be made aware of the rules of the marina and should be discouraged from roaming about the marina in the area of boats other than your own.  All children 17 and under must be accompanied by an adult.  If you are permitting someone else to operate your boat you should make this well known in advance to the marina office.

17. Upon arriving to the marina, please notify the office for arrangements. Upon closing of the summer boating season, if you are a slip customer and not winter storing with us, you must be out of your slip and or off the property by November 8th. Any “Summer Only” customers in their slip or on the property after November 8th will be charged transient rates. If Landlord is required to move your vessel because you do not vacate the marina timely, Landlord will not be responsible foir any damage incurred to your vessel.

18. Tenant agrees to keep the boat fully insured with complete marine insurance, including hull coverage and indemnity and/or liability insurance. 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, theft, vandalism, windstorm, high or low waters, hail, rain, ice, collision or accident, or any other Act of God, whether said boat is being parked or hauled by an Agent of Landlord or not.

19. Tenant shall provide Landlord with a set of main door or hatch and ignition keys.  The boat will be entered by Landlord only for periodic inspection or for emergency service.

20. All trash to be deposited into receptacles provided.  If receptacles are full please use our dumpster – no trash is to be left on grounds.

21. No fish carcasses thrown into the creek or onto the docks or marina property.

22. The use of torches or open flames, inflammable or toxic removers, or any other hazardous equipment is prohibited.

23. Please request/notify the office regarding the use of the boat ramp. The ramp can only be used at high tide.

24. There will be no boat launching between (Twelve) 12 PM and (One) 1 Pm during days of operation.

25. IF you intend on using your boat either before or after business hours, please notify the office during business hours between 9:00 AM and 4:00 PM. The office is closed Sunday and Monday. The office number for launching is (732) 264-2940. If you intend on using your boat 2 or more days back to back, please notify the office.

26. The “corral” or “staging area” is for rack launching and retrieving only. Our staging area is busy so please depart upon being launched and we will re-rack your boat upon your arrival (upon arrival wash down / engine flush is permitted before removal).

27. Upon returning to the staging area, please make sure to turn off your batteries, keep your drives straight and in the down position and lower any antennas and outriggers. All under water fittings and trim tabs must be located clear of the fork area of the hull.  We will not be responsible for damage to any of these items caused by the lifting or placing your boat into the rack.

28. Upon boat retrieval, we do not run the engines.

29. Only marina approved dock boxes and fish cutting tables are allowed.

30. The Landlord will not be responsible for delays in hauling, launching, winter layup or commissioning, occasioned by inclement weather or any other circumstances beyond its control.

31. The marina parking areas flood during high tides, heavy rains and winds and significantly during certain tidal events. When you are parked at the marina, you do so at your own risk. Landlord is not responsible for any damage caused to your vehicle or property not only due to tidal flooding but for any reason whatsoever. If you are a charter, you are responsible for indemnifying the marina for any damage caused to your customer’s vehicle or property.

32. If you damage the docks, pilings, electrical, water or other part of the marina, you are responsible for the cost of the repairs. Your boat will be considered collateral for these costs.

33. If you are an annual customer, we will launch your boat at the beginning of summer season once and retrieve it once for winter storage at no cost. Any additional launches, retrievals or hauling will cost at marina’s rates for such.

34. Customer boat trailers should be taken off of the property. Any trailers stored by the marina at marina rates must remain locked with owner’s name painted or marked on it while on our property. Keys need to be made available to the Marina. Brown’s Point Marina and or its agents are not responsible for any theft.

35. The boat ramp is for private marina use only. The ramp may only be used by existing customers after approval from the marina office.

36. Slip customers who bow their boats in are responsible to keep their bow pulpits completely clear and away from the dock so customers can have a clear walkway. Brown’s Point marina reserves the right to cancel your contract for any infraction of this rule and you agree to indemnify Brown’s Point Marina for any damages to the marina, other customers or their property caused by an infraction or litigation resulting from injury.

37. The customer chooses their Slip on their own without interference of the Landlord and is responsible for deciding regarding the nuances and maneuverability of the Slip. It is not the responsibility of the Landlord if the Tenant decides that the Slip does not work for them. Landlord does not offer a change of Slip or refund of any kind if Tenant decides they do not want the Slip post signing the contract.

38. If the customer is not using their slip for an extended period of time, the marina will have use of the slip during the vacancy. When the customer returns to the slip, the marina will vacate any temporary use of the slip.

39. Winter storage customers will not have access to their boat until April 1st without the exclusive agreement of the marina.

40. Dry storage survey and inspection:  The TENANT authorizes the LANDLORD to thoroughly survey the boat for fire hazards at hauling or prior to moving to dry storage.  TENANT understands that this regulation is formulated, enforced and conducted solely for the protection of the TENANT.  The promulgation and enforcement of these rules and regulations, the conducting of the survey, the failure to require or fully perform a survey with respect to other TENANT(S) will not subject LANDLORD to any duty or liability to the TENANT with respect to fire or explosion prevention or detection.  In general, any survey will be solely at the discretion of the LANDLORD.

41. NO Charters are allowed without full approval of the marina.

42. 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.

43. 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.

44. Boat sinking:  In the event TENANT’S boat shall, for any reason, sink while berthed in a slip, a 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.

45. Boat Sales: If you sell your boat while at the marina, Brown’s Point Marina shall receive a 10.00% fee for any gross sale price less than $100,000 and 6.00% for any sale price equal to $100,000 or greater. All invoices must be paid in full before your boat will be released to any Buyer.

46. Should you desire additional protective material around your slip, contact the marina office and we will install our approved protective molding and you will be billed.  Do not attach or fasten any such material to docks, piers or pilings or you will be charged for electrical fixture or water line.  Anything tied to these lines will be immediately confiscated by the marina.

47. The marina is not a suitable place for house pets.  If you do bring a pet it must be kept on a leash and not permitted to run free.  You will also be responsible to see that its needs are satisfied without offending anyone else.

48. There will be a charge for diagnostics and service estimates and deposits are required on all service jobs.

49. A Tenant may work on his/her own boat if such work does not interfere with the rights, privileges and safety of other persons or property.  The Landlord shall reserve the right to require any outside mechanic, craftsman or any other persons performing any work on Tenant’s boat while in or on the premises of Landlord to first provide Landlord or his yard manager with a standard certificate of workman’s compensation and liability insurance coverage in order to protect the health, safety, welfare and property of other Tenant’s.  Any outside mechanics shall pay to Brown’s Point Marina 10.00% of any outside service work performed. Failure to meet these requirements would require that Tenant’s boat be removed from the premises of Landlord for repairs.

50. If you need service work done, please see the service manager in the office so a “work order” can be created and work scheduled. If you have any issues related to the work, please discuss directly with the service manager and not with our mechanics as our mechanics do not schedule or negotiate service work issues or pricing.

51. If your boat is damaged because you did not authorize winterization timely whether work was done with BPM or you, Brown’s Point Marina is not responsible for any resulting damages. Tenant duly authorizes LANDLORD, its Agents or Employees to move and/or operate TENANT’S boat during the making of repairs, to remove the boat because Tenant’s contract expired or for normal marina operations solely at TENANT’S risk.