Attachment - Dock Agreement - Charlestown Marina.pdf

By:

*Length overall includes swim platforms, bow pulpit, outboards t

Payment plan: Continue using other payment method with no discount.

Catamaran

1 South Station, 2nd Floor

1284415/1238374

102.0 ft 10.0 ft

Massachusetts Bay Transportation Authority MBTA

DOCKAGE APPLICATION

AND LICENSE AGREEMENT

1 Pier 8, 13th Street Charlestown, MA 02129 Office #: 617-242-2020

TYPE: SUMMER

SLIP CTO-BWN-1-3

REQUIREMENTS OF THIS AGREEMENT 1.) PROOF OF OWNERSHIP OF VESSEL 2.) PROOF OF CURRENT VALID REGISTRATION, OR U.S.

COAST GUARD DOCUMENTATION 3.) VALID DRIVER'S LICENSE NUMBER FROM THE PERSON SIGNING THIS AGREEMENT 4.) IF THE VESSEL IS OWNED BY A CORPORATION, ENTITY, OR BUSINESS, A CURRENT VALID COPY ISSUED BY THE STATE CONFIRMING THE NAMES OF THE OWNERS AND PARTNERS IN THAT BUSINESS, 5.) THE NAMES AND ADDRESSES OF THOSE INDIVIDUALS WHO OWN OR CONTROL THE EXPENSE FOR THE VESSEL MUST BE FURNISHED AND ATTACHED TO THIS AGREEMENT 6.) A CURRENT OR VALID COPY

FROM YOUR INSURANCE COMPANY CONFIRMING THE VESSEL COVERAGE AND RENEWAL DATE.

Boston/MA/02110

MAKE:

VESSEL REG/CGDOC. #:

DRAFT:

E-MAIL:CELL#:CONTACT PHONE #:

ADDRESS:

OWNER NAME:

Based on the below APPLICATION FEE, DOCKAGE & LICENSE CHARGES, AND DEPOSIT, and subject to the TERMS AND CONDITIONS, OWNER and VESSEL submit this APPLICATION for acceptance by MARINA and confirm that all the above information is correct. It is understood and agreed that if and when MARINA accepts this APPLICATION by signature of its authorized agent in the space provided below, OWNER and VESSEL will have entered a binding agreement with MARINA that is governed and controlled by the APPLICATION and TERMS AND CONDITIONS of this

DOCKAGE APPLICATION AND LICENSE AGREEMENT (“AGREEMENT”).

DOCKAGE LICENSE CHARGES AND DEPOSIT

OWNER and VESSEL understand and agree that all payments made/tendered with this APPLICATION, as well as all amounts due or payable under this AGREEMENT, are final and non refundable.

CREDIT/DEBIT CARD #:

If the person signing this APPLICATION is not the OWNER, such person warrants and represents his/her authority to obligate OWNER and VESSEL to the APPLICATION, and, TERMS AND CONDITIONS of this AGREEMENT, and by signing below, also agrees to be bound personally, jointly and severally, with OWNER and VESSEL under this AGREEMENT. Signature below also certifies lawful possession and control of VESSEL by OWNER/Captain/Agent.

OWNER ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND AGREEMENT (INCLUDING THE APPLICATION FEE LICENSE CHARGES AND DEPOSIT, AND TERMS AND CONDITIONS SECTIONS), AS WELL AS A COPY OF THE MARINA’s CURRENT RULES AND REGULATIONS. OWNER’s (AND AGENT’s) ATTENTION IS ESPECIALLY DIRECTED TO THE “NOTICE TO VESSEL OWNER” AND “INSURANCE, RELEASE, INDEMNIFICATION AND ATTORNEYS’ FEES” SUB-SECTIONS CONTAINED IN

THE TERMS AND CONDITIONS.

ACCEPTANCE

Submitted this day of , For MARINA

By:

6172226695 davidperry@mbta.com; mlannin@MBTA.com

Schoodic / Ava Pearl

Massachusetts Bay Transportation Authority MBTA

MICHELLS

Vessel Type:

BEAM:LENGTH*:

857-505-1985

CITY/STATE/ZIP:

VESSEL NAME:

CREDIT/DEBIT CARD: VISA MC AMEX

APPLICATION and AGREEMENT may be executed in any number of counterparts and by (or on behalf of) the different Parties hereto on separate counterparts and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same APPLICATION or AGREEMENT. Delivery of this signature page as a photocopy, facsimile or an electronic record containing the photocopy, facsimile or electronic signature of a Party or authorized agent thereof, shall be as effective, enforceable and valid as if a paper version of this Agreement were delivered to the receiving party containing an original written signature.

OWNER & VESSEL/for OWNER & VESSEL

Accepted this 16 day of May, 2024

Initial that you have read and understood this page DP

31.0 ft

1. GENERAL CONDITIONS

This DOCKAGE / STORAGE LICENSE AGREEMENT (“AGREEMENT”) is made between Charlestown Marina (hereinafter “MARINA”), as the First Party, and, the preceding named Vessel (hereinafter “VESSEL”) and its Owner (hereinafter “OWNER”), as the Second Parties.

This is a license of dockage only. Subject to the terms and conditions herein, the OWNER shall have full care, custody and control of the BOAT and its associated property. The OWNER agrees that any license of dockage and/or storage space shall not constitute a bailment or tenancy of any kind, either expressed or implied, and the relationship of the parties is only a license granted to the OWNER by the MARINA. The Granting of this license by the MARINA does not obligate the MARINA to provide OWNER similar licenses in the future years or obligate the MARINA to provide future storage for the VESSEL. The OWNER agrees to pay all service and/or storage fees when due. The OWNER signing this agreement hereby obligates themselves, the OWNER, and the VESSEL, to pay any and all charges, services and fees when due.

The OWNER agrees that the MARINA shall have the right but not obligation to relocate the VESSEL or its associated property while it is docked or stored within the Premises for such reason and to such other location on the Premises as the MARINA shall deems appropriate, including but not limited to the right to move the VESSEL and/or removed the VESSEL from the water, should such appear to the MARINA to be necessary to protect the VESSEL or property. In such an event the OWNER further agrees to reimburse the MARINA for any charges accrued in connection with either relocating the VESSEL on land within the Marina storage areas or hauling the VESSEL from and returning the VESSEL to the water at prevailing rates.

It is understood between the parties that no refunds will be made after this license has been executed. The MARINA may cancel this license as provided in the RULES AND REGULATIONS.

Any boat or property placed in dockage and/or storage at the MARINA under this license shall be subject to the terms and conditions set forth above.

This AGREEMENT is the entire AGREEMENT between the parties and supersedes all prior agreements. No changes to this AGREEMENT are valid unless in writing and signed by both parties. MARINA’s failure to require strict performance of this AGREEMENT, or MARINA’s waiver of any condition, shall not be deemed a future waiver of any condition or of any of MARINA’s rights under this AGREEMENT.

2. HOLDOVER AND RENEWAL OF AGREEMENT

The OWNER agrees that the terms and conditions of this license shall be automatically extended to cover the period from time to time the VESSEL or property is first brought onto the premises until the BOAT or property is permanently removed from the premises and the MARINA is notified of such removal or until a new dockage or storage agreement is executed.

Any period of time beyond the explicit termination date during which the VESSEL and/or its associated equipment remains on the MARINA premises and has not been made the subject of any successor licensee, it shall be subject to additional charges. The OWNER further agrees that additional charges for dockage and/or storage shall be due and payable for any extended period of said OWNER at the then established dockage and/or storage rates of the MARINA and that, if necessary, the VESSEL may be arrested and sold to satisfy such charges.

OWNER is required to give THIRTY (30) DAY NOTICE to the MARINA before the OWNER/AGREEMENT EXPIRES should the OWNER plan on removing the VESSEL from the MARINA. Should the MARINA not receive a THIRTY (30) DAY NOTICE from the OWNER, the Renewal Agreement will take effect, including any new rates and charges. NOTE: THE OWNER IS REQUIRED TO ENTER INTO A NEW CONTRACT WITH THE MARINA AT THE END OF THE DOCKAGE AGREEMENT. ANY VESSEL NOT PAYING ITS DOCKAGE FEES AND/OR NOT CURRENT OR IN COMPLIANCE WITH A NEW DOCKAGE CONTRACT WILL BE CONSIDERED TRESPASSING ON PRIVATE PROPERTY. LEGAL ACTION CAN BE TAKEN FOR TRESPASSING.

IF CHARLESTOWN MARINA ELECT NOT TO RENEW THIS AGREEMENT, OWNER SHALL AFTER DELIVERY OF THE NOTICE BY THE MARINA, BE LIABLE TO CHARLESTOWN MARINA, IN ADDITION TO ANY AND ALL OTHER AMOUNTS DUE HEREUNDER, FOR DOUBLE THE DOCKAGE AMOUNTS DUE HEREUNDER UNTIL THE VESSEL IS REMOVED AS WELL AS THE COST AND EXPENSES INCURRED BY CHARLESTOWN MARINA IN REMOVING THE VESSEL, INCLUDING, BUT NOT

LIMITED TO ATTORNEY'S FEES AND COSTS.

3. INDEMNIFICATION

VESSEL AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS MARINA (and officers, directors, managers, operators, agents, servants, employees and insurers thereof) from and against each and every claim, suit, liability, loss, damage (including without limitation damage to Marina docks, pilings, and cleats, and, others’ vessels), fee and expense (including without limitation attorneys’ and paraprofessionals’ fees), directly or indirectly arising out of, relating to or in connection with OWNER’s or VESSEL’s presence in the Marina or on Marina property, or use of any Marina facility; it being expressly acknowledged and agreed that the indemnification and hold harmless obligations of OWNER and VESSEL under this Section shall apply even if such claim, suit, loss, damage, fee or expense arises out of, relates to or is caused (directly or indirectly), in whole or in part, by: (1) negligence of MARINA or officer(s), director(s), manager(s), operator(s), agent(s), servant(s) and/or employee(s) thereof; (2) performance or nonperformance by MARINA of the obligations imposed by this AGREEMENT; and/or, (3) strict liability, breach of warranty or other fault (not rising to the level of gross negligence or intentional conduct) of MARINA

TERMS AND CONDITIONS

4. INSURANCE

MARINA DOES NOT CARRY INSURANCE covering property of OWNER. MARINA WILL NOT BE RESPONSIBLE for any personal injury (incl. death) or property damage resulting, caused by or arising out of this lease, license or other use of the dock or other Marina facilities.

OWNER SHALL KEEP COMPLETE MARINE INSURANCE on VESSEL and its operator’s current and in place, including full insurance on hull and machinery and other property, and, insurance against OWNER’s and VESSEL’s liabilities to third parties.

The owner shall submit a copy of his or her vessel’s certificate of insurance to the Marina Office with a minimum of $1,000,000.00 of hull P&I including pollution coverage. Marina must be listed as a named entity on insurance certificate as additional insured.

5. RELEASE

VESSEL AND OWNER HEREBY RELEASE AND DISCHARGE MARINA (and officers, directors, managers, operators, agents, servants, employees and insurers thereof) from any and all liability for loss, personal injury (including death), or damage to person or property sustained while in the Marina, on the Marina property, and/or using any Marina facility, arising out of, relating to or caused (directly or indirectly) by: (1) any negligence of MARINA or officer(s), director(s), manager(s), operator(s), agent(s), servant(s) and/or employee(s) thereof; (2) performance or nonperformance by MARINA of the obligations imposed by this AGREEMENT; and/or (3) strict liability, breach of warranty or other fault (not rising to the level of gross negligence or intentional conduct) of MARINA;

irrespective of whether said loss, personal injury (including death) or damage to person or property arises out of, relates to or is caused (directly or indirectly) by failure of MARINA’s product, equipment or facilities, fire, theft, vandalism, water damage, collision, allision, windstorm, rain or other casualty. The MARINA is not responsible for any consequential damages, compensatory damages, specific performance damages or any special claims resulting in any breach of this contract.

6. ATTORNEY’S FEES

VESSEL AND OWNER, JOINTLY AND SEVERALLY, SHALL PAY all costs and expenses, including reasonable attorneys’ and paraprofessionals’ fees, incurred by MARINA in seeking to enforce, through judicial proceedings or otherwise, any and all provisions of this AGREEMENT or to effect collection of any sums due MARINA. The above DEFENSE, RELEASE, INDEMNIFICATION and ATTORNEYS’ FEES Clauses shall survive termination of this AGREEMENT, and the lease and license hereunder. Should legal action be taken against the VESSEL, the OWNER and VESSEL will be responsible for all costs and fees associated with such action, including attorney fees, substitute Custodian Fees, U.S. Marshal Fees, Court Costs, and interest.

7. OWNER RESPONSIBILITY

At all times, OWNER retains exclusive care, custody and control of, and is solely responsible for, VESSEL, its engines, appurtenances and contents. MARINA is not a bailee of VESSEL, its engines, appurtenances or contents and assumes no responsibility for safe operating condition, tie up, dockage or maintenance of VESSEL. OWNER is solely responsible for security of VESSEL and for preventing entry of unauthorized persons on VESSEL.

OWNER, VESSEL and their contractors and guests shall comply with the MARINA RULES AND REGULATIONS, current copy attached, and any alteration, amendment or modification thereof. MARINA reserves the right to alter, amend, and modify these RULES AND REGULATIONS, at any time, by posting or by delivery of a notice.

OWNER shall at all times maintain the VESSEL in a safe condition. OWNER shall maintain the area in which the BOAT is stored and the immediately adjacent areas in a clean and tidy condition. OWNER shall not paint, decorate, embellish, change or make any alterations or additions to any areas of the MARINA.

8. TERMINATION

This AGREEMENT shall be in full force and effect unless terminated under any one of the following conditions or as otherwise set forth in this AGREEMENT (including the Rules and Regulations):

MARINA may terminate OWNER’s lease and license under this AGREEMENT, by written notice to OWNER, if:

(a) OWNER defaults in the timely payment of any amount due under this AGREEMENT;

(b) OWNER breaches any term or condition of this AGREEMENT;

(c) OWNER refuses or fails to follow or comply with any of the MARINA RULES AND REGULATIONS;

(d) MARINA determines, in the exercise of its sole and complete discretion, that a Marina dock or pier is or may be unsafe or unserviceable for any reason whatsoever; or,

(e) MARINA, at its will (for any reason or no reason), provides three (3) days notice to OWNER.

OWNER, Captain or agent hereby authorizes MARINA to immediately charge against the account of the submitted credit/debit card, any and all MARINA charges incurred by OWNER or any other person connected with VESSEL, including OWNER’s crew, contractors and guests, during the term of this AGREEMENT and any continuation thereof. In addition, if charges billed to OWNER are not paid in full by 5:00 p.m. on the 5th day of the month following delivery of a bill, OWNER hereby authorizes MARINA to charge the billed amounts plus “LATE FEES” against said credit/debit card account. OWNER, Captain or agent acknowledges having executed for, and delivered to, MARINA a credit/debit card slip in order to effect payments under this provision.

OWNER SHALL PAY MARINA $5.00 PER DAY (“LATE FEES”) FROM THE 1ST DAY OF THE MONTH IF ALL CHARGES BILLED TO OWNER (INCLUDING CHARGES THAT ARE PREPAYMENTS) HAVE NOT BEEN PAID BY 5:00 P.M. ON THE 5TH DAY OF THAT MONTH. LATE FEES SHALL CONTINUE TO BE PAID BY OWNER UNTIL ALL CHARGES, INCLUDING THOSE BILLED

AFTER LATE FEES ARE FIRST INCURRED, ARE PAID CURRENT.

OWNER may terminate the lease and license under this AGREEMENT, by at least three (3) days written notice to MARINA, if:

(a) OWNER’s notice is accompanied by full and complete payment of (1) all fees and charges due and past due, and, (2) all fees and charges on the remaining unused term of this AGREEMENT; or,

(b) OWNER’s notice is accompanied by proof that OWNER sold VESSEL to a bona fide unrelated third party purchaser and payment of all accrued charges.

9. ENFORCEMENT OF AGREEMENT

It is agreed that VESSEL is also itself responsible to perform as set forth in this AGREEMENT, and further, responsible for performance of all OWNER’s obligations and responsibilities under this AGREEMENT. Any and all sums due MARINA by OWNER (his/her/its agents and/or guests) under, arising out of or relating to this AGREEMENT, shall also be charged against VESSEL. In addition to all other remedies, MARINA may also proceed in accordance with Massachusetts and/or federal laws to enforce any and all liens against VESSEL created or recognized by Massachusetts and/or federal laws. Nothing in this AGREEMENT shall be construed as a waiver by MARINA of any lien rights created or recognized by Massachusetts or federal laws. MARINA shall have the option to proceed against VESSEL, in rem, and, personally against the OWNER and/or signer hereof, or any combination thereof, for breach of this AGREEMENT, to enforce any and all liens, and to enforce any and all term(s) or condition(s) of this AGREEMENT

MARINA shall have a lien against the above-described VESSEL, its appurtenances and contents for unpaid sums due for use of dockage facilities or other services, or for damage caused by, or attributed to the above described Boat OWNER his/her guest to any dock or property of MARINA or any other person at Marina. MARINA shall be entitled, but not obligated, to pursue all remedies available, including enforcement of the lien granted by M.G.I. chapter 255, Section14 and14A.

10. ENTIRE AGREEMENT: ASSIGNABILITY

This AGREEMENT is not assignable by OWNER; any attempt by OWNER to assign any rights arising under this AGREEMENT is void. MARINA may designate a dock other than the specific dock designated herein on notice to the OWNER, and, OWNER agrees to move VESSEL accordingly at OWNER’s expense.

This AGREEMENT does not vest any rights in the OWNER in regard to any winter storage area for the VESSEL. The OWNER agrees to clean the winter storage area of the VESSEL prior to launch. Should any winter storage area be left in disarray, the necessary clean-up will be charged to the VESSEL, and/or its OWNER.

11. PARTIAL INVALIDITY

If any provision contained in this AGREEMENT shall be held to be invalid, illegal, or unenforceable in any respect, this shall not affect any other provision, and this AGREEMENT shall be construed as if such provision had never been contained in this AGREEMENT.

12. TERMS

The term of this AGREEMENT shall be from the BEGINNING DATE to the ENDING DATE, and, OWNER’s lease and license under this AGREEMENT shall terminate without notice on the ENDING DATE. However, in the event the term of this AGREEMENT expires and VESSEL remains at the Marina without the execution of a new agreement, OWNER hereby agrees that this AGREEMENT shall be considered as being in full force, except OWNER agrees that he/she/it shall pay MARINA the prevailing rates and other charges under its current standard fees and charges sheet, plus taxes.

13. PAYMENT OF DOCKAGE OR STORAGE FEES

CHARLESTOWN MARINA CHARGES:

14. DEFAULT

If OWNER defaults in the timely payment of any amount due under this AGREEMENT or if OWNER breaches any of the terms and conditions of this AGREEMENT, MARINA shall have all rights and remedies provided by this AGREEMENT and by applicable laws (now or hereafter existing), and in addition, may (at its sole and complete discretion and option) without notice of any kind, accelerate the entire amount to be paid by OWNER for the entire term contemplated by this AGREEMENT, and thereupon, the entire amount to be paid by OWNER for the entire term contemplated by this AGREEMENT shall at once be due and payable by OWNER to MARINA.

15. ABANDONMENT

UNDER MASSACHUSETTS GENERAL LAW (MASS.GE. LAWS Ch. 91, 39) it's unlawful for any person to willfully abandon a vessel upon public land, on the shores or waters of the Commonwealth or private property without consent. MARINA has no responsibility to provide space for, maintain or obligation of any kind toward OWNER OR VESSEL on any date after the lease period has expired. It is entirely OWNER'S responsibility to see that the VESSEL is removed from MARINA before the expiration of the lease period. MARINA may demand, upon notification to OWNER at the provided address and phone numbers of this AGREEMENT, the immediate of said boat from MARINA premises. If OWNER does not cause VESSEL to be removed within 5 days of demand, MARINA shall be entitled to remove VESSEL to another location at OWNER'S sole expense. If OWNER continues to ignore a demand to remove said vessel, VESSEL will be considered "Abandoned" and MARINA may pursue all options available, including the option of Massachusetts Abandoned Vessel Act- An act relative to the disposition of Abandoned Vessels- Chapter 23 of the acts and resolves of 2008. Any and all remedies of disposal will be made available to MARINA and VESSEL or any of its parts shall become the property of MARINA.

OWNER will be responsible for related costs, including attorney's fees, court costs and storage fees, including statutory interest. Any OWNER not removing the VESSEL from the MARINA upon verbal, or written notice within TEN (10) days of notice will be considered

TRESPASSING ON PRIVATE PROPERTY.

16. PAST-THROUGH LIEN LAW

IMPORTANT NOTICE: It is understood and agreed that Charlestown Marina assert a Maritime Lien against the above-named VESSEL for unpaid dockage or services provided to the VESSEL in accordance with the Federal Maritime Lien Act, Title 46 U.S.C.

31342. This lien is for necessaries or serviced provided to a VESSEL. Should OWNER sell the VESSEL without paying any outstanding balance owed to MARINA for necessaries, the lien would pass-through to any buyer of the VESSEL and thereafter could be foreclosed by arresting the VESSEL while in the hands of the new owner. If such action is taken, OWNER understands and agrees that OWNER would be liable for all costs and fees associated with such lawful action. OWNER may also be defending a lawsuit from the buyer of the VESSEL for possible fraud.

17. ASSISTANCE FOR PERIL

OWNER shall be solely responsible for the safety of the VESSEL. Should MARINA discover that the VESSEL is in peril, OWNER does hereby authorize MARINA to render assistance to the VESSEL. However, OWNER agrees that MARINA has no obligation to monitor the status of the VESSEL or to render assistance, either directly or indirectly to the VESSEL. If MARINA renders direct assistance to the VESSEL, OWNER agrees to pay the MARINA, as additional rent, all charges and expenses of MARINA for labor and materials for the VESSEL. In connection with much peril. MARINA shall have a lien against the boat for said charged and expenses. OWNER hereby also authorized MARINA to contract with licensed salvage service or repair companies (contractor(s)) if aid or assistance is required, at the sole expense of OWNER. OWNER agrees to settle any charges or expense incurred directly with said Contractor(s). OWNER agrees to indemnify and hold harmless the MARINA against any causes of action or claims that may arise from any assistance rendered hereunder, whether rendered directly by MARINA or by a Contractor.

18. NOTICE TO VESSEL OWNER

MARINA hereby informs OWNER that in the event OWNER fails to remove the VESSEL from the Marina promptly (within(8) hours) after the issuance of a severe storm or hurricane warning for Boston, Ma., under Massachusetts law, MARINA, its managers, operators, employees, or agents are authorized to remove the VESSEL, if reasonable, from its dock or take any and all other reasonable actions deemed appropriate by MARINA, its managers, operators, employees or agents in order to better secure VESSEL and to protect Marina property, private property, and the environment. OWNER is further notified that he/she/it may be charged a reasonable fee for any such action.

Accordingly, in the event OWNER fails to promptly remove VESSEL from the Marina after a severe storm or hurricane warning has been issued, MARINA (its managers, operators, employees, or agents) may remove VESSEL, if reasonable, from its dock or take whatever reasonable actions are deemed necessary to properly secure VESSEL to minimize damage to it and to protect Marina property, private property, and the environment and OWNER shall pay a reasonable fee for any such actions taken.

Any notice to OWNER called for by this AGREEMENT is effective upon delivery at either the address specified in the APPLICATION or to the VESSEL. Any notice to MARINA called for by this AGREEMENT is effective upon delivery to a MARINA person in the dock master’s office during open hours.

All remedies provided for in this AGREEMENT, and by Massachusetts and federal laws, are cumulative and non- exclusive.

RULES AND REGULATIONS

Welcome toCharlestown Marina. We are pleased to have you here, and are committed to providing a setting that will make your time here relaxing and memorable. To ensure that experience, please review the following information and feel free to talk to us about any special circumstances that you have. Reasonable and practical precautions will be taken by the Marina to ensure a safe and enjoyable experience. However, the Marina assumes no responsibility for, nor does it guarantee the safety of any boat or person in the Marina. The Marina will not be liable for any personal injury, nor will it in any event be responsible for property damage or loss resulting from ice, wind, storm, fire, theft, sinking or any other causes.

1. DOCK ELECTRICITY AND WATER SERVICES: Shore power is available on all docks for use with marine approved 3-wire cord with Marina approved twist lock connections. Please note that any cord set exhibiting frayed or cracked insulation, or other hazardous conditions, will be disconnected. Water hookups are available on all docks. To help us conserve water, please fit all water hoses with self-closing nozzles, and address all leaks at hose connections. Unauthorized use of Marina-supplied fresh water is prohibited. For seasonal customers electricity will be charged on a monthly basis including a $40.00 plug in and distribution fee plus metered usage that will be charged $0.41 cents per KWH.

2. FUEL: Diesel, Gas & Oil is available at the fuel dock during the posted hours of operation. The fuel dock is a No Smoking Area, and the posted rules on the fuel dock must be followed. Please note that refueling is prohibited in the berthing area.

3. RESTROOMS AND SHOWERS: Secured restrooms and showers are available for boat owners and their guests. They are in Building 224 at top of Pier.

4. LAUNDRY: A mobile-app operated laundry facility is available adjacent to the restrooms.

5. MARINA SECURITY: The Marina employs a security service for general area supervision and fire watch. Please be aware that the security officers do not provide security for individual boats, nor can the security officers be expected to recognize individual boat owners and crews due to the number of boats and people on the premises.

6. REFUSE AND SEWAGE DISPOSAL: Refuse shall not be thrown overboard. Garbage and recycling shall be deposited only in cans (bins) or other receptacles provided for that purpose. OWNERs shall notify MARINA of anything that will not fit in these cans and MARINA will dispose of same. No person shall discharge sanitation effluent, oil, fuel, spirits, flammable substances, or oily bilge liquids into or near the Marina. If VESSEL has a sanitation device, OWNER must comply with the most advanced state-of-the-art requirements of the Coast Guard governing its manufacture, installation and use. Every sanitation device must be properly functioning at all times while VESSEL is in the Marina.

7. FISHING: For the safety of our customers, fishing on or around the docks and piers is not allowed. Cleaning of fish on the docks is also strictly prohibited. One (1) fish cleaning stations are located on the pier for the purpose of cleaning fish.

8. WATER QUALITY: The Marina is first and foremost committed to maintaining a pleasant setting for you, your guests, and other boaters. To this end, we ask that you help minimize the impact on the marine environment by securing oil-absorbing pads in the bilge to collect leaks, maintaining your boat engine(s) at peak operating efficiency, cleaning up the bilge after servicing, and using the minimal amount of specialty soap for boat washing.

9. SAFETY OF CHILDREN: A responsible adult must accompany children aged 12 and under on the Marina premises at all times. It is strongly recommended that parents have young children and non-swimmers wear personal flotation devices on boats and around docks. The Marina has no recreational facilities for children. Parents are expected to know the whereabouts of their children at all times.

10. CONDUCT: We value the community atmosphere of the Marina, and we ask that you conduct yourself accordingly. Disorderly or indecorous conduct that infringes on the quiet enjoyment of other boat owners or which may injure a person, cause damage to property, or harm the reputation of the Marina, shall constitute grounds for immediate license cancellation and removal of the individual(s) or boat in question from the Marina.

11. NOISE: Please use mature judgment in operating engines, generators, radios, CD players and televisions so as not to create a nuisance or disturbance. All engine exhausts shall be effectively muffled by a muffler or underwater exhaust as required by Massachusetts State Boating Laws, Chapter 90B, and Section 6. Halyards shall be secured so as to prevent slapping.

12. PAINTING, SCRAPING, OR REPAIRING: Painitng, scraping or repairing of gear of VESSEL shall not be premitted on the walkways, docks, and piers. The extent of repairs and maintenance permitted shall be at the sole discretion of the MARINA.

13. PETS: Pets must be leashed and held by owner at all times, and controlled so that they do not disturb others. Pets may not be allowed to relieve themselves on the docks, walkways, or parking areas. Check with the Marina office on approved locations to toilet your pets. Pet owners are responsible for removal of pet debris. A $50.00 fee for unleashed pets will be applied to your account per occurrence and charged immediately.

14. SOLICITING: To assure the privacy of others, advertising or soliciting is not permitted anywhere on Marina property.

15. FIRE SAFETY: The use of charcoal burners, hibachis, grills, wood burning and pellet stoves and any open flame producing equipment, other than installed galley stoves/grills is prohibited within the Marina premises. Please use the designated barbecue areas on the docks for all grilling. Unattended use of electrical equipment aboard a stored boat is prohibited.

16. SWIMMING: Swimming is not permitted from the docks or from the boats docked at the Marina.

17. DOCK SAFETY & ACCESS: No supplies, materials, accessories or debris shall be left on the walkways, nor shall anyone install or construct any lockers, chests, or similar structures on the docks without prior permission from the Marina. The Marina office must approve all dock steps stored on the piers. Dock lines shall not be tied across walkways or fingers, nor shall bow pulpits or any overhang obstruct walkways.

18. DOCKING LINES & FENDERS: Boats in slips shall be secured with bow, stern and spring lines in a safe and secure manner and must have fenders attached to the boat; not the dock, to protect them from rubbing against the dock. The Marina strongly advises that dock line be made of nylon, not polypropylene. We also strongly advise the use of chafing gear lines. If a boat is improperly secured the Marina may, but is not obligated to, secure or retie the boat.

19. TENDERS AND SKIFFS: Tenders and skiffs (a second vessel 10’ or under) shall be stored on the boat. If onboard storage is not practical, tenders or skiffs may be stored alongside the boat with the approval of the Marina. Tenders and skiffs may not be placed on the docks or in slips without Marina’s approval. Dinghies, tenders, and skiffs must be secured afloat within the assigned Dock Space and shall not interfere with adjining dock spaces.

20. CONTRACTOR/VENDOR SERVICES: Outside vendors or contractors are not permitted on the Marina premises without permission of the Marina management. Such contractors or vendors may obtain permission to work on boats in the Marina subject to certain conditions, regulations, and insurance requirements established by the Marina to protect the Marina and its customers. These terms, which include checking in and out with the Marina office on a daily basis, are available in the Marina office and should be consulted by Owner prior to scheduling such work. For the protection of our customers, all contractors must have a work order signed by the boat owner and have insurance in an amount equal to twice the value of the vessel being worked on, together with its contents, and liability insurance coverage no less than $1,000,000.00 before being allowed access to any boat within the Marina. Any outside contractor or vendor not complying with these conditions will be required to leave the premises immediately.

21. OPERATION OF BOAT: When at or in the vicinity of the Marina, please operate the boat with due care to avoid any injury to any person, damage to another boat, and or damage to the Marina facilities. The Marina and the surrounding waters are designated “No Wake” zones. By law, operators are responsible for injury and other damage caused by the wake of their boat to other boats, or to the structure or facilities of the Marina.

22. COMPLIANCE WITH LAWS: You need to comply with all applicable laws, ordinances, Nautical Rules of the Road, and other rules and regulations in the operation of your boat when in the vicinity of, or at the Marina including but not limited to those issued by the U.

S. Coast Guard, U.S.E.P.A., Massachusetts D.E.P. and the Boston Harbor Master. You will be required to promptly reimburse the Marina should it incur any cost, penalties or legal expenses because of failure to comply with such laws, ordinances or regulations.

23. HEAVY WEATHER: You are solely responsible for your boat under all weather conditions, and shall take all appropriate emergency and/or precautionary measures. In the event of the forecast or the actual onset of severe weather, the Marina will attempt, if practical and possible, to provide general preparation and damage prevention services, the costs of which may be prorated over all boats. However, the Marina does not assume any responsibility for protection, nor does it guarantee it will be able to adequately provide general services to all boats in the Marina, including but not limited to removing any vessels from their slips to dry storage areas, due to the number of boats and limitations of the Marina staff.

24. FITNESS CENTER: It is understood that the Marina will not be liable for any personal injury that may occur while using the “Fitness Center.”

25. RIGHT TO RENT: The Marina reserves the right to rent a slip or mooring to transient guests when not occupied by the licensee.

The Licensee agrees to notify the Dock Master when he expects to leave and return from a trip of a 24-hour duration or longer so that the slip or mooring can be used for this purpose and to avoid any inconvenience to the Licensee upon his return.

26. DOCK BOX POLICY: Marina customers may install a dock box adjacent to their vessel, but must have prior approval of the marina office. Marina approval will be in the form of a dock box sticker that must be affixed to the approved dock box. Each customer will be limited to one dock box that shall be no larger than 26 cubic ft. NO FLAMMABLES MAY BE STORED IN DOCK BOXES AT

ANY TIME.

27. PARKING: Please do not park in such a way as to block fire lanes, handicap areas, entrances, exits, or Marina fuel tank filling areas. The Marina reserves the right to have vehicles, violating these rules, towed at the owner's expense. The Marina will not be liable for damage incurred to a customer's vehicle while parked in non-designated parking spaces. All trailers are not prohibited unless otherwise approved by Marina management. If approved, it will be at an additional cost to other vehicle in the lot.

28. BOAT RENTAL: You may not rent your boat for any purpose. This includes recreational use and lodging. Any boat owner found to be renting their boat will be asked to vacate their slip immediately. All previously paid slip fees will be forfeited.

29. Only vessels in good condition, and under their own power, shall be admitted to the Marina areas.

30. OWNERS: Owners are reminded that they (their vessels) are bound by DOCK SPACE AND LICENSE AGREEMENTS, and among other things, their under agree to pay and be otherwise responsible for any injury or damage to persons or property, including MARINA personnel or property, arising in connection with the presence of OWNER or VESSEL in the Marina or on Marina property.

As such, Owners should study and be vigilant to at all times comply with the provisions of their DOCK SPACE LEASE AND LICENSE

AGREEMENTS.

31. VESSELs leaving for an extended absence (3 days or more) must so notify the dock master's office. MARINA reserves the right to lease any slip when vacant, and it is expected that transients will move for vessels on seasonal contracts or on advance reservations.

OWNER acknowledges dock space assignment is temporary and may be reassigned by MARINA for any reason MARINA deems valid and reasonable. Subleasing of dock spaces, transfer of VESSELs between dock spaces, or from one dock space to another, shall not be allowed, except upon prior written approval of MARINA. OWNER authorizes that in case of an emergency, or if the VESSEL is not moved in accordance with the prior notice from MARINA, MARINA may move the VESSEL from a particular dock space to any other place. Vessels may be moved to another dockspace to make room for special events at Marina, and MARINA will make reasonable efforts to provide 30 days' notice.

32. LICENSE/LEASE DAY starts at 8:00 a.m. Any VESSEL using Marina prior to 8:00 a.m. will be charged for the previous day.

Check out time shall be 11:00 a.m. Any VESSEL present in Marina after 11:00 a.m will be charged for the following day.

33. An OWNER or VESSEL checking out of Marina shall report to the dock master's office and settle accounts prior to leaving. It is suggested that all OWNERs leave a forwarding address in order to permit prompt handling in the event a telephone call or mail is received for them.

34. MARINA governs and limits Marina parking spaces. No person(s) may ride any automobile, motorcycle, bicycle, skateboard, electric scooters, mopeds, bicycles, or roller blades on any docks or piers, and they must be stored on the VESSEL or in the parking lot.

35. OCEAN HAVENS REQUIRED ACCESS FORM: All commercial, seasonal or otherwise must have an Ocean Havens Required Access Form signed on or before pick-up/drop-off.

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