Chapter 13

Marina Tenant Agreements

Marina contracts for boaters normally consist of three parts: 1) Financial Contract, 2) marina tenant agreement with legal terms and insurance requirements, and 3) rules and regulations which are more detailed and informal. Three important issues you must consider before signing a marina contract are identified below:

• Marinas always require the applicant to demonstrate existing insurance on the vessel, including protection and indemnity coverage, typically to a limit of $500,000 or $1,000,000. Check the value of your P&I coverage. If it’s too low, any delay in increasing your coverage could cause you to lose your intended slip at the new marina.
• For vessels longer than 40-feet, most insurance policies require annual inspection of onboard fire prevention equipment by a certified fire safety representative. Do not let this testing lapse because any insurance claims could be negated, your insurance policy could be cancelled and your marina contract could be terminated if you cannot demonstrate active coverage.
• Marina tenant agreements typically do not state that rates are subject to change at any time but that is certainly the case, especially at private facilities. It’s wise to ask marina management if they anticipate any near-term rate increases. Even if they say no, ask if they plan any major construction or facility maintenance projects, as these are likely to trigger a rate increase for tenants. Recently, some marinas have increased their rates to long-term tenants by more than 30 percent.

Rules and Regulations

All marina tenant agreements (or sometimes called Contract for Private Wharfage) are accompanied by specific rules and regulations that must be followed by tenants and guests. The rules differ considerably among marinas and also across city and state jurisdictions, likely because of official regulations. To illustrate the wide variety of marina guidelines boaters can encounter, examples of specific terms have been selected from multiple marina tenant agreements. This list certainly is not ‘all inclusive’; rather, its purpose is to demonstrate diversity in terms that can be encountered. Many of these stipulations make good sense whereas others are over-restrictive and quite amusing. Below they are presented in no particular order or degree of importance.

1. Permitted Use

   Berthing of vessel for recreational boating only, unless approved in writing.

   Commercial use of vessel in slip or marina is prohibited without prior written approval.

2. Children

   Children under 12 years of age are not permitted on docks without parental supervision.

   Non-swimmers and toddlers shall wear life jackets while on docks or vessel decks.

3. Restricted Access Through Marina Gates

   For purposes of safety, security and privacy, owners and guests are prohibited from opening gates for any individual not personally known to be a marina tenant.

4. Projections Beyond End of Berth

   No vessel or part of vessel can extend more than 3 feet beyond the end of the berth into the waterway unless authorized in writing. Similarly, nothing must extend forward over the main head dock.

5. Live-Aboard Definition

   A vessel that is inhabited for five consecutive days or total of 10 days within a 30-day period.

6. Small Boat Storage

   For slips less than 40 feet in length, all dinghies, kayaks and water toys must be stored aboard the vessel.

   In larger slips, one water craft may be stored in the slip provided that it does not extend beyond the confines of the slip.

7. Noise and Conduct

   No disturbing noises are permitted on docks or anywhere in the marina, especially between hours of 10 p.m. and 7 a.m. Conduct must be reasonable at all times.

   Parties are not permitted on docks without prior marina permission.

8. Engine Operation

   Engines cannot be operated while in gear while vessel is secured to dock.

   Engines shall not be run for more than 15 minutes while in slip.

   Vessels are not permitted to run engines or noise-making equipment between hours of 5 p.m. and 9 a.m. except in emergencies or while vessel is leaving or entering slip.

9. Vessel Speed within Marina

   Vessel speed limit in marina waters is specified as “steerage only”. No speeds greater than 5 mph or vessel wakes are permitted.

10. Improper Vessel Handling

    If dockmaster deems vessel is being handled improperly or in an unsafe manner, owner’s vessel will be prohibited from the marina.

11. Vessel Registration

    Vessel must possess current state and/or federal registration.

12. Compliance with State and Local Regulations

    Owner is subject to restrictions imposed by government authorities.

    Owner is responsible for actions and behavior of owner’s associates, including guests and any subcontracted labor.

13. Vessel Condition and Inspections

    Owner must maintain vessel in good operational condition. Vessel must be able to move under its own propulsion.

    Marina reserves the right to inspect vessel to determine if properly identified and equipped for safe operation in accordance with U.S. Coast Guard and local regulations.

14. Use of Slip Only by Designated Vessel

    Owner may not authorize or sublease other vessels to occupy slip during absence of the primary vessel specified under contract.

15. Approval of Equipment used for Vessel Dockage

    All equipment used to secure and prevent damage to docked vessel must be approved by marina.

16. Maintenance of Slip and Marina

    Owner shall maintain slip and adjacent docks in good condition; no alterations.

17. Disposal of Refuse

    Owner shall not dispose into marina waste container, any flammable or hazardous liquids, batteries, vessel parts or the like.

    No item weighing more than 20 pounds shall be disposed.

18. Storage of Owner’s Items on Docks

    Owner may store items in a single, while fiberglass dock box adjacent to the owner’s vessel.

    Bicycles must be stored aboard vessel and not on docks. Bicycles may also be stored in bicycle racks provided by the marina.

19. Dock Steps

    Temporary steps for boarding vessel are permitted on dock but shall not be wider than half the width of the dock and no more than 3 feet in length. Marina may prohibit steps that are visually offensive.

20. Indemnification of Marina

    Owner indemnifies marina for owner or vessel damages incurred on property or vessel.

21. Relocation of Slip

    Marina may change slip assignment of owner’s vessel.

22. Marina Rights for Temporary Movement of Vessel

    Marina may require owner to temporarily move vessel to another slip while construction work is being conducted by marina.

    Similarly, marina may require vessel movement during boat shows, holiday events or parade functions.

23. Marina Actions on Owner’s Vessel

    Owner will reimburse marina for any costs incurred while marina relocates vessel or conducts actions to prevent vessel damage while owner is absent.

    Marina is held harmless of any damages or costs incurred as a result of voluntary actions.

24. Compliance with Sanitation Regulations

    Vessel must have sanitary equipment that meets regulations and complies with discharge prohibitions.

25. Value of Owner’s Protection and Indemnity Insurance

    Owner shall demonstrate existing P&I insurance to specified limit. In some states, environmental liability insurance must be also demonstrated to cover any damages resulting from hazardous releases from the vessel.

26. Owner’s Liability for Damage to Environment

    Owner shall not release wastes or hazardous substances into the water. Owner is responsible for all clean-up expenses.

    Owner shall reimburse marina for any costs incurred to remedy environmental problems caused by owner or owner’s vessel.

27. Owner’s Liability for Damage to Marina

    Owner shall reimburse marina for any damage and costs incurred to remedy damage to marina caused by owner or owner’s vessel.

28. Property Damage Caused by Irresistible Forces

    Marina shall not be liable for personal injury or property damage/loss caused by fire, storm, theft, winds, acts of God or any other irresistible force.

29. Posting of Signs

    No signage can be displayed on vessel for commercial purposes without prior written approval. This includes For Sale signs.

30. Repairs

    Major repairs such as typically conducted in a boatyard are not permitted aboard, at, or near vessel or marina.

31. Outside Contractors

    Contractors hired by owner to work on vessel must be approved in advance by marina and demonstrate adequate liability insurance.

    Contractors must sign in at the marina office prior to work each day and sign out upon completion of the day’s work.

32. Hazardous Spills from Vessel

    If a leak or spill of any fuel or other combustible liquid occurs within the interior of the vessel, owner shall immediately contact marina and local fire department to report such leak or spill. Owner shall contact an emergency towing service to have vessel removed from the marina until problem is remedied.

33. Extended Vessel Absence from Marina

    Owner shall notify marina of plans for an extended cruise, typically more than one week in duration marina has right to rent vacant slip to transient boater with no financial gain for owner.

34. Electrical Service

    Marina does not guarantee quality or continuity of electrical power on piers. Marina reserves right to interrupt utilities during repair, construction or renovation to marina. Owner accepts all liability associated with use of owner’s power cords.

35. Water, Power and Cable Lines

    Such connections shall not be run across main docks nor be affixed to dock.

36. Dock Carts

    Dock carts are provided for use by tenants and their guests. Dock carts must be cleaned and returned to the marina storage area after each use.

37. Use of Swimming Pool, Spa and Fitness Area

    Owner and up to five guests may use the marina facilities during the times posted for use. Paid vessel crew members and captains are not permitted to use marina recreational facilities.

38. Television Antennae and Satellite Dishes

    No external television antennae are permitted aboard vessels. No satellite dishes may be affixed to pilings or other marina property without written approval.

39. Hazardous Activities and Barbecues

    Handling fuel on docks is strictly prohibited. Barbecues and similar fire hazards are prohibited on docks. Charcoal barbecues are also prohibited aboard vessels. Propane barbecues are permitted on vessels only.

40. Controlling Depths

    Marina is not responsible for water depth in marina slips or channels.

    Marina is held harmless for any damages that may occur to owner’s vessel due to shoaling.

41. Security Service

    Marina may provide security service on the facility but is by courtesy. Marina is not responsible for any loss or damage to owner’s property by breach of security.

42. Solicitations

    Unauthorized persons are prohibited from soliciting business or offering goods for sale on premises of the marina.

43. Severe Storms

    Marina requires all vessels to leave the waterway basin during major storms. If a vessel is granted permission to remain in the marina, owner is liable for costs and damages to other vessels and marina property.

    Adequate liability insurance must be demonstrated by the owner.

44. Laundry Restrictions

    Laundering can only be performed in the interior of the vessel. No drying of laundry items can be conducted outside or in vessel’s rigging.

45. Fishing and Fish Cleaning

    Fishing is prohibited from vessels and Marina facilities. No fish cleaning is permitted on the docks or in slips

46. Pets Policy

    Owner’s pets must be under control at all times and picked up after.

    Cats must be carried to and from the vessel and at no time be free to run on docks. Dogs must be leashed or carried in a container when not in vessels. Other than birds, pets may not be left unattended on vessels.

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