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HomeMy WebLinkAbout59581�10HT OF "If 4 IA MOORAGE LICENSE AGRE EMENT (NEW) THIRTV (30) DAYS W9 51"ll"IN NOTICTES REQUIRED OWNER NAME 1): Bremerton Fire Department DRIVERS LICENSE #: 1) N/A 2ND OWNER 2): DRIVERS LICENSE -9: 2) ADDRESS: 911 Park Ave VESSEL REGISTRATION#: CITY: Bremerton STATE: WA ZIP: 98337 VESSEL, DOC f4: 1 -IM #: ?" WK ft: 360/473-5-3tf) 63 5,CV VESSEL NAME: CELL 9: 3 6, rp V,e(,� EMAIL: LOA: PLACE EMPLOYED: BEAM: SAIL or POWER MFG'S MODEL: 7 PLEASURE 7COMMERCIAL 7CHARTER [1,y OTHER MARINA- -El BRE MERTON DPORTORCHARD DATE OF OCCUPANCY: u ACCOUNT #: BERTH ASSIGNED: SLIP SIZE: BEGINING METER READ: KEY CARD/FOB 4: uz, V2zl ADD'L KEY CARD/FOB 9: ADD'L KEY CARD/FOB -8: PARKING PASS9: OFFICE STAFF EXECUTING LICENSE AGREEMENT: Kavla/ 9223 E-36 d X FIRST Mo. FEE PAID: Rate LEASEHOLD TAX: 36' ENVIRONMENTAL FEE S MOORAGE DEPOSIT: S LESS: WAITING DEPOSIT: SUBTOTAL: S fir, TOTAL: S Thi,i Moora-c Lcenso Aorecli'lent m ismlh W 0w aHachcd oors�gyc Liceiise olldkkms, Jcd OWNER SIGNATURE DATE SECOND OWNER MARINA OPI,-- TibKs�MA'�TAGER DATE Page I ol'5 Revised: 06/01/2018 5.00 We MI, 1=1TWINUT] T The Port of Bremerton, hereafter called "Port" agrees to provide moorage when available to the applicant hereafter called "Vessel Owner" executing the marina moorage license agreement subject to the following terms and conditions. This Agreement is a license between the Vessel Owner and the Port. 1. Rules and Regulations. Vessel Owner or the person signing for Vessel Owner, acknowledges that he has read and fully understands this Agreement, as well as the rules, regulations, policies, terms and conditions currently posted governing the use, occupancy, dockage, hours of operation, and other miscellaneous items at the marina. Further, Vessel Owner agrees to comply with said rules, regulations, policies, terms and conditions now in effect and as posted from time to time during this Agreement's term. Failure to comply shall entitle the Port to cancel this Agreement immediately, without notice, and excuses the Port from further performance, but without waiver of any then existing liens or other rights. Z:� 2. Moorage License. This Agreement does not constitute a bailment, and is for the use of dock space only on a month to month basis for the monthly sum designated, plus any applicable taxes and charges, and is cancelable by the Port at any time without notice if the Vessel Owner fails to comply with the terms and conditions of this Agreement. Such moorage space is used at the sole risk of Vessel Owner. The Port provides limited security, however the Port shall not be liable for the care or protection of the Vessel (Including its gear, equipment and contents) or for any loss or damage of whatever kind or nature to the Vessel or its contents or equipment, whether attributable in whole or part to the negligence of the Port, its officers, employees, agents or subcontractors, or otherwise. The Port reserves the right to amend fees and charges as made effective by the Port of Bremerton's posted Tariff upon 30 days written notice and Vessel Owner hereby agrees to pay said fees and charges as amended through all periods of use of such moorage space. Vessel Owner acknowledges the Port's right to change the tariff from time to time through all periods of use of such moorage space. 3. Moorage Occupancy. This Agreement shall not become effective until Vessel Owner pays the Port the initial monthly fees, deposits and taxes. Subsequent fees shall be paid monthly to the Port of Bremerton in advance on or before the I st day of the month, and each and every month thereafter until this Agreement is 4:1 terminated. Failure to pay on or before the 10t" of the month will cause late fees to be assessed and may be cause for termination of the Moorage License Agreement. 4. Changes in Moorage Rates. The Port reserves the right to adjust moorage rates periodically. Rates may be adjusted annually to reflect inflation as measured by the Bureau of Labor Statistics CPI -I1 published rates for the Seattle -Tacoma -Bellevue area. Additionally, the moorage rates may be adjusted to be consistent with the moorage market at comparable marinas. The Port reserves the right to define the marinas used as comparable rate baselines which may differ between the Bremerton Marina and the Port Orchard Marina. 5. Utilities and Services. The Port will charge Vessel Owner for electricity, or any utility or service, at specified rate while the vessel is in the marina. Vessel Owner agrees to install the vessel's electrical connection circuitry in a manner specified and agreeable to the Port. The Port does not guarantee the continuity of any utility or service, or the compatibility of any utility to the boat's system. 6. Taxes. Vessel Owner agrees that any leasehold taxes or other assessments resulting from this Agreement should be paid before delinquency by the Vessel Owner. Page 2 of 5 Revised: 06/01/2018 7. Space Changes. The Port reserves the right to change space assignments as provided in the Marina Rules Changes. and Regulations. If Vessel Owner moves for personal convenience, a moorage transfer fee will be charged according to the tariff. 8. Change of Vessel. If Vessel Owner intends to substitute a different vessel for that referred to in this Agreement, the Port gives no assurance that the currently assigned moorage will accommodate such new vessel or that another moorage assignment will be available. Therefore, no vessel shall be substituted without prior approval of the Port. 9. Live Aboard Status. Vessel Owner agrees that living aboard for a period exceeding three (3) days in any seven (7) day period shall be prohibited except pursuant to authorization from Marina Management. Passing a background/credit check conducted by a reputable outside agency may be required at Vessel Owner's expense prior to being granted live aboard status. Live aboard privilege is limited to immediate family (spouse, children, grandchildren, siblings, domestic partners) members only. Live aboard privilege is not transferable. 10. Proof of Ownership, Current Washington State Registration, and Liability Insurance. Prior to Vessel owner occupying moorage space, the Vessel Owner shall provide to the Port documentation establishing that the Vessel Owner is the legal owner of any boat moored in the space, and that the vessel is registered accoildina to the laws of the State of Washington, and that the Vessel Owner has in force liability insurance as prescribed in the Marina Rules and Regulations. 11. Transfer of Ownership. Transfer of vessel ownership in any degree must be reported to the Port. Vessel Owner acknowledges rental of space is personal to Vessel Owner. A person purchasing Vessel Owner's vessel (new vessel owner) will not thereby acquire rights under this Agreement or rights of use of space designated in this Agreement. The new Vessel Owner must vacate the moorage space within 30 days of purchasing the vessel. 12. Hazardous Waste and Environmental Protection. All waste requiring disposal, whether or not hazardous, is the responsibility of Vessel Owner. Vessel Owner, his representatives and guests agree not to bring hazardous waste or materials onto the property of the Port of Bremerton, and accept sole complete liability for an improper disposal of hazardous waste or materials. The Vessel Owner agrees to operate their vessel in accordance with the marina Best Management Practices (BMP) whenever the vessel is in the marina. The discharge of waste holding tanks within the marina is prohibited at all times; this regulation applies regardless of the method and extent of onboard treatment processes or systems. Any clean up costs associated with any violation of the Marina Rules & Regulations or MBP will be the sole responsibility of the Vessel Owner. 13. Outside Contractors. All outside contractors must be an Authorized Commercial Vendor and be registered with the Port prior to conducting work in the marina. It is the responsibility of the Vessel Owner to ensure all vendors and contractors working on their boat are Authorized Commercial Vendors. Vessel Owner t:1 agrees that only minor repairs and maintenance shall be performed on boats in the marina as prescribed in the Marina Rules and Regulations. 14. Severe Weather. IN THE EVENT OF A SEVERE STORM OR EARTHQUAKE, VESSEL OWNER ANT-) VESSEL OWNER'S CREW, IF ANY, ARE RESPONSIBLE FOR THE VESSEL IN ALL RESPECTS. Vessel Owner is responsible for any damages to the marina's docks and facilities caused by Vessel Owner's vessel in the event of severe weather. The Port shall have no obligation to monitor the weather and no duty to notify Vessel Owner of the approach of inclement weather. 15. Default. In the event Vessel Owner does not timely pay, as herein provided, the fees and other charges which are accrued in favor of the Port, or the Vessel Owner otherwise violates the provisions of this Agreement, the Port may, without advance notice, take possession of Vessel Owner's vessel, its tackle, apparel, fixtures, equipment, furnishings and retain such possessions on Port of Bremerton's property until Page 3 of 5 Revised: 06/01/2018 all charges then owing and all charges which shall therefore accrue are fully paid and all violations of this "agreement cured. BOAT OWNER AUTHORIZES the Port TO SELL THE VESSEL AT A NON JUDICIAL SALE IN THE EVENT OF NON-PAYMENT OF PORT OF BREMERTON FEES, IN CONFORMITY WITH WASHINGTON RCW 53.08.320 and/or RCW 79.100. A sale for less than the total amount owed entitles the Port to assert a claim against the Vessel Owner for the deficiency, including costs of sale and related legal expenses. In the event that the Vessel Owner has executed or may execute any other agreements with the Port of Bremerton, a default under such other agreement shall also constitute a default under this Agreement. 16. Liens. Vessel Owner acknowledges that this Moorage Agreement will create a maritime lien against the vessel for moorage charges and for all other expenses agreed to herein. The Port shall have upon the Vessel, its contents and equipment, all state and federal liens of whatever nature given for moorage. Such liens shall include expenses resulting from damage caused or contributed to by Vessel Owner's vessel or by Vessel Owner to any dock or property or any person at the marina. Any such liens shall include an amount sufficient to cover the Port's reasonable attorney's fees. Vessel Owner agrees to the Port's use, if necessary, of Federal Admiralty procedure in Supplemental Admiralty Rule C and further agrees to waive notice of hearing and challenge thereto. 17. Notice. The Port of Bremerton may give notice to Vessel Owner, either directly or through his captain or agent, at the address and/or telephone number(s) set forth in this Agreement. Notice, if mailed, shall be deemed given when deposited in the U.S. Mail, postage prepaid. 18. Terinination. This Agreement shall become effective on the date shown below and remain in force unless terminated by written notice by either party to the other 30 days preceding the month in which it is desired that termination become effective. Upon such notice and removal of Vessel Owner's vessel, the Port will return the balance of security deposit less all charges for rental and services then accrued. In the event charges exceed available deposits, a final bill will be issued, due and payable upon receipt. 19. Indemnification. Vessel Owner, his heirs, successors and guests, hereby release, hold harmless and indemnify the Port, its officers, employees, agents, and subcontractors, including indemnification for costs and attorney's fees from and against claims for damage to the Vessel, its engines, equipment and appurtenances or for injury to Vessel Owner, his family members, employees, invitees, and agents, arising from duties assumed under this contract, care, protection, or use of the Vessel or any individual's presence in the marina under any circumstances, including, but not limited to, fire, theft, vandalism, water damage, or collision, whether attributable in whole or part to the negligence of the Port, its officers, agents or subcontractors, or otherwise. 20. Attorney's Fees and Expenses. Vessel Owner shall pay the Port's reasonable attorney's fees and expenses incurred in any dispute or legal proceeding arising out of this Agreement or the presence of the vessel on the Port of Bremerton's premises now or in the future, whether under this Agreement, or subsequent oral or written agreement or otherwise. 21. Comply with Law. Vessel Owner represents and warrants he shall comply with the Federal Water Pollution Control Acts (33 U.S.C. Section 1321 — prohibiting discharge of oil or oily water; 33 U.S.G. Section 1322 — prohibiting discharge of untreated sewage) and all other applicable federal, state, county, and municipal laws and regulations. 22. Modification[Waiver. No modification to this Agreement shall be enforceable unless in writing and executed by an authorized agent of the Port. The Port's failure to require strict performance of the Agreement, or waiver of any conditions, shall not act as a waiver of its rights nor be deemed a continuing waiver. Delay in enforcement of any of the Port's rights hereunder shall not be deemed negligent. 23. Severability/Governing Law. In the event any portion of this Agreement shall be deemed to be in violation of any law of the United States or State of Washington, said portion, and said portion only, shall Page 4 of 5 Revised: 06/01/2018 be deemed null and void, and the balance of this Agreement shall remain in full force and effect. The venue 3f any action arising from this Agreement shall be exclusively in the Superior Court for the State of Washington in and for Kitsap County, Washington and both parties shall submit to the jurisdiction of such court provided, however, that the Port may institute an interim action in any United States District Court that has jurisdiction over the vessel. 24. Entire Agreement. This document including the terms and conditions constitutes the entire Agreement between the parties and supersedes all prior agreements. No modifications or amendments hereto shall be valid unless evidenced in writing and signed by both parties. Page 5 of 5 Revised: 06/01/2018