SKYLINE MARINE CENTER, hereinafter referred to as “Marina”, grants to the undersigned boat owner or his duty authorized representative, hereinafter referred to as “Owner”, moorage/storage space hereinafter referred to as “Space” at the marina for the boat/unit designated by the marina on the following terms and conditions.
- Storage/Moorage Fees. To obtain a space, Owner must complete an application, provide an approved copy of insurance, and agree to pay monthly fees upon receipt. Monthly fees are determined by the current posted rates based on the length overall of the boat. Monthly fees must be received by the 15th of the month. Failure by Owner to pay monthly fees and/or other charges on time will result in late fees, loss of storage/moorage privileges, or repossession of vessel as outlined below in Paragraph 4. There will be no refunds or proration of fees for early departures or late arrivals from storage/moorage programs. Owners arriving for storage/moorage before the 20th of the month or departing after the 10th of the month will be billed for the entire month.
- Storage/Moorage Changes. The Marina reserves the right to change Space assignments as necessary for the efficient operation of the Marina or for other causes. In the event of such changes, Owner paying for the reserved Space will receive a new assignment as nearly comparable in location to their former assignment as is available.
- Utilities & Services. Owner agrees to pay for all electricity and other utilities or services accrued by the boat/unit at the established or agreed upon rates by the Marina. Marina does not guarantee continuity of utility services to a boat, and specifically regarding electric services, does not guarantee compatibility with the boat’s electric circuit protector, if any.
- Late Payment/Default. In the event the Owner does not pay monthly fees or other charges on time, late fees will be accrued in favor of the Marina. A charge of 1 ½% per month, which is an annual rate of 18%, is charged on delinquent accounts (or the maximum legal rate, if lower). Additionally, an impound fee of $25.00 will be charged on accounts sixty (60) days past due. Owner grants Marina a possessory lien on boat as security for any default. Owner agrees and authorizes the Marina to take possession of and sell the boat, at public auction and pursuant of RCW 88.26.020. Chapter 240, 1988, if storage/moorage or other charges remain unpaid for a period of sixty (60) days or more, or if the boat is not removed from the Marina property after having been duly notified in writing.
- Violation of Terms: If any of these terms are violated, Marina may, without any advance notice, take possession of the boat, its tackle, apparel, fixtures, equipment and furnishings and retain such possessions at the Marina or elsewhere until all violations are amended and current charges or newly accrued charges, are fully paid. The amendment of any violations are in addition to, and are not in lieu of, any other rights which the Marina may have by virtue of Federal, state and local statutes, Ordinances and Law. Owner agrees to pay to the Marina, in addition to the balance due, a reasonable sum for the Marina’s additional expenses and attorney fees.
- Limitations of Marina’s Liability. Owner acknowledges that they have inspected the space leased and is satisfied that the space is adequate for safe storage/moorage of the vessel. This contract is not a bailment of the boat Owner’s boat but a lease of space. It is mutually agreed that the Marina only accepts the Owner’s boat for storage/moorage and shall not be liable or responsible in any manner for its safe-keeping or condition of its tackle, apparel, fixtures, equipment, and/or furnishings. The owner agrees to relieve the Marina, its personnel and equipment of all responsibility for damages that may occur while Marina is handling the boat upon Owners request, except for damages resulting from operator error or equipment failure. The Owner also acknowledges the special hazards of keeping a wooden boat out of the water for a prolonged period. It is further agreed that the marina will not be liable or responsible for any personal injuries suffered by Owner or his agents or invitees arising from any cause upon the boat, Marina premises, or premises adjacent hereto. Owner agrees to keep the areas around the boat, clean, orderly, and as free as possible from all dangerous or flammable substances. Owner agrees to indemnify and hold the Marina harmless from any theft or other property loss, damage or personal injury (including death), resulting from the acts or omissions of Owner, his agents, invitees or employees. Owner acknowledges that during the “term” of this agreement their personal insurance will be the primary policy in effect in the event of damage except for damages resulting from Marina operator error or equipment failure. Owners must provide a current certificate of liability insurance in the amount of $300,000.00 per incident or more naming Skyline Marine Center, LLC as additional insured.
- Compliance and Laws and Regulations. Owner agrees to comply with all applicable Federal, State and local Laws, Statutes and Ordinances, and all rules, regulations and special instructions issued by the Marina or its agents. Owner will not maintain anything that may be dangerous to life or limb, or permit any objectionable noise or odor on his 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 boat owner, guest, or lessee of the Marina. No cars/trucks/trailers shall be stored on-site adjacent to Owner’s boat. No garbage, trash, oil, fuel, debris, or other material, liquid or solid, shall be deposited in the water or on the land areas of the Marina, except into containers provided for that specific purpose. Waste oils must be poured into special containers provided for that specific purpose. Discharge of sewage from toilet facilities on boats while in the Marina area is prohibited. Pets must be kept on a leash in all areas of the Marina. Posting of signs in the Marina area shall be subject to the approval of the Marina. Owner will allow the Marina and its agents free access at all times to the boat for the purpose of inspection, moving the boat, fighting fire or remedying or preventing any casualty or potential hazard.
- Assignment of Agreement and/or Space. Owner cannot assign, sublease or transfer this Agreement of any interest in the Space designated by this Agreement and Owner shall not use that Space for any commercial purpose without the prior written permission of the Marina. Use of the Space is personal to Owner and a person purchasing the boat designated from Owner does not acquire rights under this Agreement, or rights to use the Space designated in the Agreement.
- Term. This Agreement shall become effective on the submitted application date. Boats storing during the winter months (October-April) agree to a minimum of Six (6) months of storage. Thirty (30) days’ written notice must be given prior to leaving storage. Any notice given less than 30 days will result in a charge for the entire month. This term will automatically renew on a monthly basis if the boat is not removed at the end of the original “term”. Plastic coverings are required for Shed Storage and will be charged at the current available rate. Reusing of old plastic is prohibited. Power adapters must be provided by the owner, if plugging into power for the winter. In the event of an early departure, owner agrees to pay the balance of the contact term plus all cost associated with moving their boat or other boats in respect to getting access to owner’s boat.
- Boat Owners are responsible for removing drain plugs while boat is in storage so that rain water will not collect in bilges and for having drain plugs in place when requesting a launch. Owners are also responsible for having trim tabs in the up position prior to any boat movements.
- Working on boat while in the Yard/Shed is prohibited without prior written consent by Marina. Skyline’s Insurance does not permit owners or contractors to live aboard while being stored in the yard or shed.
- Owner agrees that any work approved by Marina will be done by using Best Management Practices (BMP’s) as recommended in the Department of Ecology’s (Resource Manual for Pollution Prevention in Marinas) and as well as the Clean Marina Washington (BMP’s).
- SMC recommends the use of “Non-Copper Paints and Aluminum Anodes.”
- Entire Agreement – – Amendments. This constitutes the entire agreement between the parties. No modifications or amendment of this Agreement shall be valid unless evidenced in writing and signed by both parties. By checking the “I have read and agree to the terms and conditions” box on the application, Owner acknowledges familiarity with the above items and agreement to comply with all Skyline Rules.
- Launch appointments for arrivals and departures from Storage or the DIY Yard must have a scheduled appointment.
- Owner has reviewed a copy of SKYLINE MARINE CENTER RULES AND REGULATIONS.