Osprey Marina - Marina of the Year 2001

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			Date:____________
Name (s):_____________________________________________________________ Address (s):___________________________________________________________ City/State/Zip code: __________________________________________________________
Phone number (s):	(home)		(cell)___________________
	(work)		(fax)
Name of Boat:_________________________________		Registration No.:________________________________
Sail or Power:			Length: Draft:_______ Beam:_______
Emergency Contact: _______		Phone Number:_____________________________
Insurer:		Exp. Date:
Assigned slip number: ____________________________________ Monthly Rate Footage: X $9.50 =
This agreement and lease between Osprey Marina, County of Horry, State of South Carolina, herein referred to as “Marina” and the above named tenant, herein referred to as “Boat Owner”. Marina hereby leases to boat owner and boat owner hereby takes by hire from Marina, that certain portion of marina’s docks known as dock and slip designated above, and provided with electricity and fresh water outlets, subject to the terms and conditions as set forth herein:
SECTION TWO
Rent and Fees Boat Owner shall pay Marina for the use of this dock space, plus utilities as provided herein, $9.50 dollars per foot, per month. The term of this agreement and lease shall be day to day for wet slips and yearly for dry storage. Monthly contracts are pre-emptable by yearly contracts upon one (1) month notice. Said payments of $9.50 per foot, per month, shall be payable no less often than monthly in advance, at the address of: Osprey Marina; P O Box 30279, Myrtle Beach, SC 29588 or at the Marina office. An additional fee is applicable to owner’s or others occupying or living aboard their boat. At the execution hereof, boat owner will deliver to the Marina as security for the faithful performance of the terms of this agreement as sum of money equal to one (1) month’s rent which shall be returned to the boat owner at the end of the lease term, upon boat owner’s compliance with the covenants and conditions contained in the agreement. It is further understood between the marina and the boat owner that if boat owner vacated the dock space that the marina shall have the right to use and rent the space during the boat’s absence. After expiration of the original term, the lease shall continue in effect from month to month subject to termination of ten (10) days notice by either party. Those who sign an annual lease and fail to faithfully execute the terms of the said lease will be charged the difference between the annual and monthly rates for each month of their stay at Osprey Marina, commencing from the date of the lease agreement. Monthly billing which remain unpaid after 30 days from the date of billing will be charged 1-1/2% per month service charge until paid in full.
SECTION THREE
Amendment of Terms of Conditions Marina reserves the right to alter or amend the terms and conditions of this lease and agreement from time to time by: (a) written notice to the boat owner; and (b) prominent publication by notice on the marina ground
SECTION FOUR
Boat Owner’s Liability; Indemnity of Marina Boat owner covenants to exercise due care in occupation of the dock space and to vacate the same in good condition, wear and tear occasioned by normal use only excepted. Boat owner shall indemnify marina against all claims, actions, proceedings, damages, liabilities, including attorney fees, arising from or connected with boat owner’s possession and use.
SECTION FIVE
Limitations of Marina’s Liability Boat owner acknowledges that he has inspected the dock space leased herein and satisfied himself that the dock is adequate for safe mooring of his boat. This contract is not a bailment of the boat owner’s boat, but a lease of dock space, and marina’s liability is limited to supervision and maintenance of waterfront area. Marina’s employees will make reasonable efforts to contact boat owner and notify him of dangerous conditions requiring his attention, but marina assumes no responsibility for lending mooring lines or moving boats from the spaces to which they are assigned.
SECTION SIX
Boat Owner’s Responsibility The marina shall have a lien against the above described boat, her appurtenances and contents, for unpaid sums due the marina for damage caused to any docks property or person at the marina, including all charges for repairs, purchases and dockage. Such lien shall be in addition to any other lien provided by law. This agreement is for the use of dock space only. Such space is to be used at the sole risk of the boat owner. The marina shall not be liable for the care or the protection of the boat, including her gear, equipment and contents, or for any loss or damage of whatever kind or matter to the boat, her contents, gear or equipment.
SECTION SEVEN
Boat in Peril Boat owner represents that the boat is in a seaworthy condition and will be maintained in a seaworthy condition at all times while the boat is kept at the marina. Should the marina discover that the boat is in peril, boat owner agrees to pay to the marina as additional rent, all charges for labor and materials incurred or expensed by the marina for the boat in connection with correcting this situation; provided however, marina has no obligation to render aid or assistance to the boat under any circumstances.
SECTION EIGHT
Damage to Docks, Etc. & Hurricanes The marina is not responsible for losses of or damages to boats in the marina. Boat owners are responsible for damage to dock structures and pilings. In the event of an emergency, the marina reserves the right to move boats to other mooring places. It is expected that boat owners keeping their boats at the marina during the hurricane season will have made arrangements for the safe mooring of their boats on the approach of a storm. In the event of a tropical storm, the marina, at the discretion of its dock master, reserves the right to evacuate the unattended boats at the boat owner’s expense and risk.
SECTION NINE
Dockside Procedures The boat owner agrees to comply with the dockage procedures listed in this agreement or promulgated by marina from time to time. Breach of this agreement or violation of these dockage procedures is cause for immediate termination of the agreement: in such cases, the marina may retake possession of the dock space. At the time of the execution hereof, the dockage procedures, rules, and regulations in effect are listed under Section Fourteen.
SECTION TEN
Boat Maintenance No heavy maintenance, such as major engine repair, shall be permitted. Marina reserves the right in its sole discretion to determine what type of maintenance and repair shall be permitted.
SECTION ELEVEN
Signs, Pleasure Yachts, and Termination No signs may be displayed or any commercial business activities conducted without prior permission of the marina. Only pleasure yachts or boats used for recreational purposes, except for sail or power charter boats, shall be allowed to lease dock space in Osprey Marina. The marina may terminate this agreement, upon such termination, the boat owner shall immediately remove the boat from her space and upon failure to do so, the marina may so remove the boat at boat owner’s risk and expense, and in any event. Boat owner shall be liable to the marina for all damages and expenses the marina may suffer as a result of the boat owner’s default.
SECTION TWELVE
Assignment of Slip Owner acknowledges that neither this agreement nor the initial or any subsequent assignment of a slip entitles Owner of the boat to use of a specific slip or space. This agreement entitles owner only to space of sufficient size for the boat. Marina may from time to time assign a different space for the boat and owner shall cause the boat to be moved to the different space immediately upon notice of such assignment.
SECTION THIRTEEN
Dock Procedures, Rules and Regulations In an effort to provide an inviting atmosphere for boat owners using space at Osprey Marina, the following rules and regulations are provided for your protection. Your cooperation in observing the following rules will be appreciated. 1. All pertinent federal, state and local laws, rules and regulations pertaining to marine safety, communication, sanitation, pollution and navigation are applicable within the Osprey Marina, and its approaches. By way of illustration, these include but are not limited to, the Inland Navigational Rules Act of 1980 and Rules and Regulations of the Coast Guard, DHEC, FCC and South Carolina Wildlife and Marine Resources Commission. 2. Swimming shall be prohibited within the marina. 3. Gear storage lockers to be used on docks, including their location on the docks of the marina, must be approved by the dockmaster. ¨ Storage on Docks: owners shall not store or place supplies, bikes, equipment, dinghies, skiffs, surf boards, accessories, or materials or debris of any kind on docks or finger piers. Owners shall not construct or place any lockers, chests, storage cabinets or similar structures on the docks or finger piers. 4. Subleasing of slips/spaces, transfer of boats between slips/spaces, or from one slip/space to another is not permitted. No slip/space renter shall allow any vessel other than his own to occupy the slip/space granted him under the terms of this agreement. 5. Owners of vessels leaving for an extended cruise are requested to notify the marina office. The dockmaster reserves the right to rent all slips/spaces when vacant. Transient vessels occupying an absent owner’s slip/space are required to move from said slip/space and the marina reserves the right to move said transient vessel without notice. 6. Emergency: In the event that an emergency has occurred during the owner’s absence, the marina reserves the right, but not the responsibility to take such action as it deems necessary and prudent to safeguard said vessel, its slip/space, adjacent vessels, or property of the marina. Owner agrees to reimburse the marina for any and all costs it incurs on behalf of owner’s vessel in emergency situations. 7. Fires and Dangerous Conditions: Causing or permitting charcoal fires or any other type of fire on the docks shall be a breach of these regulations. Owners will immediately correct any dangerous or hazardous conditions on their vessels or caused by their vessel upon notification of said conditions by marina. No fueling of boats in their slips will be allowed. 8. Maintenance Work Within Slips: The extent of maintenance or repair work an owner may perform on his vessel while within a slip shall be at the sole discretion of the dockmaster. 9. Noise: Noise shall be kept to a minimum at all times. Patrons shall use discretion when operating engines, generators, radios and television sets so as not to create a nuisance or disturbance. 10. Pets: Pets shall be controlled and toileted in a designated area. At the sole discretion of the dockmaster any pet deemed to be a nuisance may be required to be leashed or banned. 11. Live Aboards: Must be approved by dockmaster. 12. Signs and Advertising: No “for Sale “signs or other signs shall be placed on the vessel or vessel slip/space without permission of the marina. The marina reserves the right to remove any non-approved sign from the vessel or slip/space without notice to owner. Similarly, the owner shall not affix or attach by screws, nails, bolts, or any other object, any article, fixture, or equipment to the docks without prior written permission of the marina. Neither the vessel’s nor the marina’s address shall be used for business purposes without the permission of the marina. 13. Garbage and Wastes: Garbage, refuse, or waste shall not be thrown or otherwise disposed of into the marina’s waters. All garbage and waste shall be placed in containers supplied for that purpose. No person shall discharge oil, fuel solvents, or inflammable liquids into the marina waters. Direct discharge of marine heads without USCG approved treatment facilities shall not be used within the marina waters. 14. Electrical Outages: The marina shall not be responsible for electrical interruptions or outages or the results or damages therefrom. 15. The vessel owner covenants and agrees that he has in full force and affect a third party liability policy, also known as a P&I policy. A copy of the insurance certificate shall be maintained in the marina office and the insurance carrier or agent must notify the marina within 30 days prior to cancellation. 16. Cleanliness of Vessels: Vessel topsides must be kept in a shipshape condition at all times and no laundry or other such items shall be hung on boats or docks at any time. 17. Delinquent Accounts: In the event the slip/space fees or other marina charges have not been paid within thirty (30) days after the same shall become due, the marina shall, at its sole option, have the right to change the fee rate from monthly to daily rate and all storage charges thereafter shall bear interest at the highest legal rate. 18. Change of Rule and Regulations: The marina reserves the right to amend or make additions to or deletions from the rules and regulations from time to time. Sufficient notice of said changes shall constitute mailing of one copy to the owner to the address given on the agreement. 19. At no time shall oil or any petroleum products be placed in the marina trash receptacles or dumpsites. The marina will furnish a storage container for all used petroleum products. 20. All vessels with sanitation equipment and showers must use pumpout facility to maintain water quality in the marina and waterways.
SECTION FOURTEEN
Default Failure of the boat owner to make timely payments due under this agreement; breach of any covenant or condition contained in the agreement; and failure of the boat owner to comply with the dockside procedures and rules and regulations of the marina contained herein and published and promulgated by the marina from time to time, shall constitute events of default under this agreement.
SECTION FIFTEEN
Headings Section headings used herein are for convenience of reference only and shall not be deemed to be a part of the agreement for any purpose whatsoever.
SECTION SIXTEEN
Binding Agreement The terms thereof shall be binding on the boat owner and marina, their heirs, successors, and assigns. IN WITNESS WHEREOF, the undersigned have set their hands and seals the day and year first above written.
____________________________ ________________________ Witness as to Boat owner “Boat Owner”
_____________________________ ________________________ Witness as to Marina Osprey Marina
I, (print name here) _______________________________, hereby authorize Osprey Marina, LLC to collect on the fourth day of each month any amounts due for Osprey Marina services from the bank account or credit card number listed below. I understand that if at any time I wish to cancel this authorization I need to call (843) 215-5353. Futhermore, I understand and authorize all dishonored checks or credit card payments plus a processing fee of $25.00 with applicable taxes to be electronically debited from my account. SIGNATURE: ___________________________DATE: _________________________________ Bank name: ____________________________ Checking Acct. #: ________________________(Be sure to get a copy of a voided check) Credit Card #: _______________________ Expiration date: _______________________
FLOAT PLAN
Complete this form before going boating and leave it with a reliable person who can be depended upon to notify the Coast Guard or other rescue organization should you not return as scheduled. Do not file this plan with the Coast Guard. A word of caution: in case you are delayed, and it’s not an emergency, inform those with your float plan, the police and/or Coast Guard of your delay in order to avoid an unnecessary search!
1. Name of person reporting and telephone number _______________________________ 2. Description of boat: Type ________________________ Color__________________________ Trim ________________ Registration no._______________________________________ Length_________ Name ___________________________ Make ________________ 3. Persons aboard – Name Age Address & Telephone no. _________________________________ ________ _____________________________ _________________________________ ________ _____________________________ _________________________________ ________ _____________________________ _________________________________ ________ _____________________________ 4. Engine type _________________________ H.P.___________________________________ No. of engines ___________________ Fuel capacity ____________________________ 5. Survival equipment: (check as appropriate) Life preserver ____ Flare ____ Mirror _______ Horn _______ Smoke signals ______ Flashlight _____ Raft or dinghy ____ EPIRB _____ Paddles ______ Food _______ Water ________ Anchor ________ 6. Radio: Yes/No Type _________________ Freq. ______________________________ 7. Trip Expectations: Leaving from _______________ Going to_____________________ Leave at (date) _________ (time) ___________ AM/PM Return by (date) _________ (time) __________ AM/ PM But in no event later than (date) ___________________ (time) ____________________ AM/PM 8. Any other pertinent info: ______________________________________________________ 9. Automobile make ________________ Color ______________ License no. ________________ Trailer license no. ________________ Where parked _________________________________ 10. If not returned by _________________ (time) Date ________________ call the Coast Guard Or _________________________________ (local authority) Telephone numbers _____________________________________________________________