This license is made between POINT ROBERTS RESORT LP (“Marina”) and the undersigned Customer licensee under the following terms
and conditions and is contingent upon receipt and proof of insurance and verification of overall vessel length. Licensee agrees to receive emails from the Marina as the Marina deems necessary for billing, advertising purposes and/or information purposes regarding/including any marina associated business or interest including but not limited to any restaurants, yacht clubs, chandlery or any other marina associated business or interest.
Marina grants a license to Customer to use the Slip for moorage of the Vessel identified herein.
This Agreement shall remain in effect until terminated. Customer must submit a written Notice of Intention Not to Renew Thirty (30) days prior to termination. The Marina may terminate this Agreement at any time with or without prior notice. The Marina, in its sole discretion, may decline to renew this Agreement.
Monthly: The monthly term begins on the 1st day of the month and shall be pro-rated for any part of a month. If this Agreement is executed after the 7th day of the month, Customer will also be required to pay the next month’s rent in advance. All monthly payments are due by the 1st of the month. If the Customer’s Vessel stays after the end of the monthly term the Customer shall pay the applicable daily rate for each day the Vessel
remains at the Marina.
Annual: The annual term begins on April 1 and shall end on March 31. At the end of each annual period, annual Customers shall be deemed to have renewed for an additional annual term at the published rates, unless the Marina receives the 30 days Notice of Intention Not to Renew. If the Customer’s Vessel stays after the end of the annual term the Customer shall pay the applicable daily rate for each day the Vessel remains at the Marina.
Key Deposits: Dock keys must be returned to the Marina on the day that the vessel is permanently being removed from the Marina. Failure to
return keys to the Marina within 30 days will result in forfeiture of key deposit.
At the discretion of the Marina, billings and notices will be mailed to the Customer’s current mailing address or to the Customer’s current
e-mail address herein. It is the Customer’s obligation to provide the Marina with both the Customer’s current mailing and email addresses. Billings and notices mailed to the Customer are deemed received three days after first class mailing and billings and notices emailed are deemed received when sent. Notice to the Marina shall be sent to Marina Office, 713 Simundson Drive. Point Roberts, WA 98281.
The Slip may not be subleased without the prior written approval of the Marina. All Vessels occupying a subleased Slip without prior
written approval of the Marina are subject to removal by the Marina and must pay the daily guest rate until the Vessel permanently leaves
At Customer’s request, and subject to the payment of utility fees as specified above, Marina shall make available to Customer at the Slip electrical power, water, and such other utility services then available to Customers at the Marina generally. Marina does not warrant the availability of utility services and is not responsible for any damage or injury due to the interruption or unavailability of utility services. Without limiting the foregoing, Customer acknowledges that water service may be discontinued during inclement weather. In addition, Marina does not warrant that the utility services will be compatible with the utility service requirements of the Vessel (including electrical interconnection requirements or the effect of electrolytic action).
The Marina reserves the right to temporarily assign or permanently reassign Customer’s boat to another berth as necessary for the efficient and harmonious operation of the Marina or to accommodate repairs, improvements, maintenance, construction or emergencies.
In case of emergency, Marina is authorized to move the Vessel without liability for damages or loss of any kind. Customer agrees to pay Marina
reasonable compensation for moving the Vessel under such circumstances.
Throughout the term of this Agreement, Customer shall at all times have in full force and effect, and at its sole expense, third-party
liability insurance, including coverage for bodily injury and property damage, in a form reasonably satisfactory to Marina, and with insurers
reasonably satisfactory to Marina, providing at least the following coverages, with the following minimum coverage limits, unless the Marina at its sole discretion allows lower coverage limits:
1. Combined bodily injury and property damage liability coverage (for example, Protection & Indemnity), with liability limits no less than $1,000,000 per occurrence, with no less than a $1,000,000 policy aggregate, and no single event or aggregate deductible exceeding $2,500;
2. Pollution Liability coverage at no less than $1,000,000 per occurrence, or as included in above, and no single event or aggregate deductible greater than $2,500;
3. Hull & Machinery Insurance, including personal property coverage, in the amount of at least 50% of vessel replacement value;
4. Wreck removal coverage to be included in one or more of the above coverages.
Each liability policy shall be primary and without right of contribution from any other available insurance, including any insurance carried by
Marina, and shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured.
When the insurer’s terms and conditions allow, each policy obtained by Customer under this Agreement shall: name the Marina as an additional
insured with a full waiver of rights of subrogation assertable against Marina; insure the interest of Marina regardless of any breach or violation by Customer of any warranties, recommendations, requirements, declarations, geographic limits or other conditions contained in such policies;
contain an agreement by the insurer entitling Marina to at least 30 days prior written notice of any lapse, reduction in coverage, or cancellation of the insurance coverage by the insurer or the Customer, for any reason, regardless of whether the policy lapse was voluntary or involuntary. It is further agreed that no alteration whatsoever in any such policy, which would have the effect of reducing the coverage required pursuant to this Agreement, shall be made except after such written notice is provided to Marina.
At the inception of this Agreement, Customer shall furnish to Marina evidence of insurance in endorsement form. Evidence of renewal of each
policy shall thereafter be furnished to Marina in endorsement form within 10 days prior to insurance policy renewal. Customer covenants that
Customer will not do any act or voluntarily suffer or permit any act to be done whereby any insurance required here under shall or may be
suspended, impaired or defeated.
It is specifically the intent of the parties to this Agreement that Customer shall indemnify, defend and hold Marina harmless for Marina’s liability for any damage to Customer’s property, or personal injury suffered by Customer, his family members, visitors, guests, invitees, Customers or service providers regardless of responsibility for negligence, for any event causing injury arising out of the use of the Marina premises, facilities, or services and from any and all claims for damages to any person or property by reason of Customer’s use of the Marina. It is the intent of the parties that the Marina shall be indemnified by Customer for damage to property owned by Customer or personal injury suffered by Customer, his family members, guests, invitees, licensees, or service providers resulting from acts of passive negligence that solely or contributorily bring about liability. It is not the intent of the parties that Marina will be indemnified by Customer for liabilities caused by Marina’s acts of active negligence that solely or contributorily cause liability.
It is intent of Marina and Customer that Customer releases Marina from any and all liability for loss, injury, or damage to any person or property arising out of or caused by or incidental to the use of the premises owned by the Marina by Customer, his family members, guests, invitees, licensees, or service providers occurring at any time on the premises of the Marina. This release and discharge of Marina by Customer includes any and all liability for loss, injury (including death), or damages to person or property while in or on the facilities or property owned by Marina, no matter where or when discovered. It is specifically understood between the parties to this agreement that the Marina shall not be held responsible by Customer for any damage to its Vessel or other property, or for any injury to persons which could in any way be deemed to have been caused by or incurred while upon the premises of Marina, or resulting from the operation of the Marina.
This exculpatory clause is acknowledged by Customer to be fair and fairly negotiated considering that Customer has agreed to insure his own property against property loss, pollution, sinking, or liability to third parties. Moreover, Customer has agreed to obtain whatever insurance is necessary to cover Customer’s liabilities in the event that Customer is obligated to indemnify, defend and hold Marina harmless for any and all claims of Customer, Customer’s family members, guests, invitees, licensees, or service providers while transiting or using Marina property for access to Customer’s vessel.
Customer agrees to comply with all applicable federal, state, and local laws and Marina Rules, Regulations, and Environmental Policies now or hereafter in effect concerning the protection of the environment in and around the Marina. Customer shall pay Marina for any damage, expense or liability incurred by Marina due to Customer’s failure to comply with such laws and regulations or due to any pollution created by, caused by, or contributed to by Customer.
In using the Slip space, Customer agrees to and shall comply with all present and future applicable ordinances, resolutions, rules and regulations, health, safety, environmental, and sanitary regulations of all applicable regulatory bodies, those established by any federal, state or local government agency, including the Marina Rules and Regulations which Customer acknowledges have been read. The Marina Rules and Regulations are attached here to as Attachment One and are incorporated herein.
Marina has the right from time to time to board the Vessel when moored at the Slip to determine if the Vessel is in compliance with the terms of this Agreement and the Rules and Regulations of the Marina.
If the Vessel remains at the Slip following termination of this Agreement, whether by default or by expiration of term, and without otherwise limiting the rights of Marina hereunder, Customer shall be deemed to be occupying the Slip for purposes of transient moorage and shall pay Marina the then applicable daily rate of transient moorage for each day the Vessel continues to be moored at the Slip.
Upon default, Marina may exercise any and all remedies available to Marina hereunder or otherwise provided by law. Without limiting the foregoing, Marina may immediately terminate this license without limiting the liability of Customer for all amounts due hereunder. Upon termination of this license, and if Customer has not already done so, Marina shall be authorized to remove the Vessel and all property of Customer from the Slip and the Marina, all at the cost, expense and risk of Customer. The applicable storage rate for boats removed from the water will apply. In the event the vessel is removed from the water, the Marina shall not be held liable in any manner for the safekeeping and condition of the same. The remedies thus provided in this section are in addition to and not in lieu of any other remedies which Marina may have by virtue of statute or otherwise.
Marina makes no warranties, express or implied, as to the condition of the Slip or Marina (or any portion thereof including floats, walkways, gangways, ramps, gear, and related items, or other premises of the Marina) or the suitability of the Slip and Marina for its intended purposes.
The laws of the State of Washington and the United States govern this Agreement. The venue of any suit ensuing out of or related to this Agreement shall be in the Superior Court for Whatcom County, Washington or the U.S. District Court for the Western District of Washington, at Seattle.
In the event that any action or other legal proceeding is brought to enforce any provision of this license the prevailing party shall be entitled to recover all costs plus reasonable attorneys’ fees from the non-prevailing party (including proceedings on appeal or in arbitration).
If any provision of this license shall be found to be void, such determination shall not affect any other provision of this license.
Customer covenants that Customer has an ownership interest in the Vessel and Customer is fully authorized to bind all other owners of the Vessel to the terms and conditions of this license. If more than one person executes this license as Customer, their obligations are joint and several, and any act or signature of, or notice or refund to any one or more of them with respect to this license shall be fully binding upon each of them.
No alteration, amendment or modification hereof shall be effective unless it is in writing and signed by the Customer and Marina. This is the only Agreement between the parties pertaining or related to the slip and/or Customer’s vessel and no oral Agreements exist between the parties as to any matters whatsoever.
THIS AGREEMENT shall be binding upon and inure to the benefit of the parties, their heirs, executors, administrators, successors and assigns.