Marina Slip Application
Northampton Colony Yacht Club (NCYC) and Owner hereby enter into this Agreement,
for the term set forth and pursuant to and, in accordance with, the terms and conditions herein.
NCYC hereby leases to Owner and Owner leases from NCYC the boat slip designated on the first page of this Agreement, and allows Owner to occupy this boat slip for the sole purpose of docking the above-described Vessel for the duration of this Agreement. This Agreement is for the use of space only and such space is to be used at the sole risk of Owner. Owner is solely responsible for the safety, care and protection of the Vessel, its gear, equipment and appurtenances at all times and NCYC shall not be liable for such safety, care or protection under any circumstances.
THE BOAT SLIP IS TO BE USED AT OWNER’S SOLE RISK. NCYC SHALL NOT BE LIABLE FOR THE CARE OR THE PROTECTION OF THE VESSEL, INCLUDING HER GEAR, EQUIPMENT AND CONTENTS, OR FOR ANY LOSS OR DAMAGE OF WHATEVER KIND TO THE VESSEL, HER GEAR, EQUIPMENT AND CONTENTS, FOR ANY REASON WHATSOEVER. OWNER HAS EXAMINED THE MARINA AND THE BOAT SLIP DESCRIBED IN THIS AGREEMENT AND ACCEPTS THE CONDITION OF THE MARINA AND BOAT SLIP AS BEING ADEQUATE AND SAFE FOR THE DOCKAGE OF HIS VESSEL. OWNER IS RESPONSIBLE FOR DAMAGE TO OTHER VESSELS, BUILDINGS, FENCES, DOCK STRUCTURES AND PILINGS CAUSED BY THE VESSEL, OWNER, HIS FAMILY, EMPLOYEES, INVITEES OR AGENTS, OR COMPANY, ITS EMPLOYEES, OFFICERS AND AGENTS, WHEN ACTING ON BEHALF OF THE OWNER.
TO THE FULLEST EXTENT PERMITTED UNDER NEW YORK LAW, VESSEL OWNER, FOR ITSELF AND ITS GUESTS, INVITEES, EMPLOYEES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD NCYC AND NCYC’S EMPLOYEES AND AGENTS HARMLESS FROM: (I) ANY AND ALL LIABILITY FOR LOSS OR DAMAGE TO THE VESSEL, ITS GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON, INCLUDING NCYC EQUIPMENT FAILURE; (II) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM, OF ANY NATURE, ARISING FROM THE VESSEL; AND (III) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM OF ANY NATURE ARISING OUT OF OWNER’S USE OF THE MARINA FACILITIES, THE PRESENCE OF OWNER’S VESSEL, CAR OR PERSONAL PROPERTY AT THE MARINA, OR THE MOVING OF THE VESSEL. NCYC DISCLAIMS ALL IMPLIED WARRANTIES, AND VESSEL, FOR ITSELF AND ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY RELEASES NCYC FROM ANY AND ALL LIABILITY ARISING OUT OF ANY CLAIMED IMPLIED WARRANTY. IN THE EVENT OF ANY DAMAGE OR INJURY TO THE MARINA ARISING FROM THE ACTIVE OR PASSIVE ACTS, OMISSIONS OR NEGLIGENCE OF OWNER, ALL EXPENSES INCURRED BY NCYC TO REPAIR OR RESTORE THE PROPERTY SHALL BE PAID BY OWNER ON NCYC’S DEMAND.
Owner shall abide by the following “Dockside Procedures and Yacht Club Rules” and “Marina Insurance Requirements” at all times:
A. DOCKSIDE PROCEDURES and YACHT CLUB RULES
1. The Rules of the Road and the Navigation Laws of the United States apply to all vessels in or approaching the Marina.
2. Assigned slips are for the sole use of the member (or family members who normally reside in the member’s home when in the colony) or pre-approved guests.
3. Slips will be assigned by the Dock Master based upon craft size and fees.
4. Sub-leasing of slips by boat owners is not permitted.
5. Valid proof of liability insurance and valid boat registration will be required each and
every year before occupying the slip. See attached Marina Insurance Requirements for
specific requirements.
6. Marina members may rent a vacant slip for a second boat owned by the member if one is
available for a given season. Availability for following years is subject to membership
enrollment and demand. Rental of the slip will be at a fee based upon seasonal rate.
7. Guests of members may use a vacant slip as outlined in the bylaws for a maximum stay of two (2) days. Prior approval must be received from the Dock Master or Commodore.
8. All boats in slips must have appropriate securing lines attached to the floating dock deck or piles. Boats shall be equipped with bow and stern lines and sufficient spring lines to prevent the boat from hitting any adjacent boat. Bow of boat must be kept from overhanging dock.
9. Mill Creek is a ZERO discharge zone and members are not to discharge any prohibited fluids or floating debris into the water. Soaps used to wash boats must be biodegradable and approved for marina use. Household cleaners generally do not meet this requirement. The member is also responsible for assuring that all hired repair personnel do not violate any EPA standard.
10. Summer dry storage of boats, boat trailers or floating docks is NOT permitted. All boats regardless of size must be in slips as assigned by the Dock Master.
11. Winter storage of members’ boats, boat trailers, or floating docks will be permitted from September 15th through June 1st and subject to the following:
a. Boats must be mechanically operable and properly identified with house number on the cover;
b. Boats, trailers and docks not launched by the deadline will be subject to a $5 daily fee for up to 30 days;
c. Boats, trailers and docks exceeding the 30 day extension will be removed by the club at the owner’s expense;
d. Members must reimburse the club all removal expenses before occupying normal slip;
e. Members failing to comply will forfeit all future approval for winter storage;
f. Members slip number must be visible on shrink wrap or boat cover and floating docks.
12. ONLY beach club or marina members are allowed to launch watercraft from the boat ramp. Under no circumstances are guests allowed to use the boat ramp.
13. No mechanical or construction work is permitted by ANY outside contractor or person at any time.
14. Yacht detailing/washing contractors or persons are permitted on the dock providing they provide annually updated insurance in strict conformance with the enclosed Marina Insurance Requirements.
15. Noise should be kept to a minimum at all times. Boat owners should use discretion in the operation of generators, engines, and other power equipment so as not to create exceptional noise.
16. Piers are to be kept clear at all times. Storage of loose gear or dock boxes is not permitted on piers or finger piers. Hoses, electric cords, telephone cords should not cross piers. Charcoal fires are not permitted on the boats or docks.
17. Refuse and garbage are not to be thrown overboard. Oil, spirits, inflammables and oily bilges will not be discharged into marina waters. Should this occur, a fine may be imposed by the United States Coast Guard and the Marina has the right to remove this vessel from the marina at the boat owner’s expense and risk and the owner shall pay all charges involved to effect the clean-up.
18. Utilities service charges will be adjusted to reflect an increase in rates.
19. Laundering and drying of laundry on docks, finger piers, decks or rigging is not
permitted.
20. The finger pier between slips is for the use of boats on each side, location of private
gangways should be governed accordingly. In no case will a gangway or ladder be
allowed to block access to another boat.
21. It shall be the responsibility of boat owners to keep their vessels in such condition that
they do not become unsightly or dilapidated or reflect unfavorably on the appearance standards consistent with the Marina. Decks of all vessels moored to the Marina docks shall be kept free and clear of debris, bottles, papers, trash or unsightly materials at all times.
22. Advertising signs are prohibited and NCYC does not allow solicitation of business or sale of merchandise.
23. Only pleasure boats in good condition and under their own power shall be admitted to moorings areas.
24. These dockside procedures may be amended from time to time at the sole discretion of the Dock Master.
25. Violation of these procedures or indecorous conduct by a boat owner or their guest(s) or crew, is cause for cancellation of this dockage agreement.
26. This agreement is for the use of dock space only. Such space is to be used at the sole risk of the boat owner. NCYC 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.
27. All dockage is payable in advance of each season. NCYC will have a lien against the above said vessel for any and all unpaid sums occurring from any and all services rendered by NCYC. Boat owners are responsible for damage to dock structures and pilings. NCYC shall have a lien against the above described vessel, her appurtenances and contents for any and all unpaid sums due NCYC for damage caused by the vessel to docks, property or person(s) at NCYC. The boat owner shall be responsible for reasonable attorney’s fees and costs for collection and unpaid sums.
In the event of an emergency, NCYC reserves the right to move boats to other mooring places. It is expected that boat owners keeping their boats at NCYC during storm or hurricane season will have made arrangements for the safe and sheltered anchorage of their boat elsewhere on the approach of a storm.
The boat owner agrees to comply with the dockside procedures as listed in the Agreement. Breach of this agreement or violation of any dockside procedures or yacht club rules is cause for immediate termination of the Agreement. In such case, NCYC may have the boat removed from her slip space at the Owner’s risk and expense and retake possession of said slip space.
B. MARINA INSURANCE REQUIREMENTS
For all Members and Guests
A. Certificate of Insurance / Declarations page must include the following:
1. Certificate Holder:
Northampton Colony Yacht Club 5 Noyac Bay Avenue, PO Box 241 Sag Harbor, New York 11963
2. Additional Insured:
Northampton Colony Yacht Club, 5 Noyac Bay Avenue, Sag Harbor, New York 11963, its officers, board members, members, subsidiaries, and affiliates are included as additional insured.
B. Minimum of $500,000 liability insurance coverage is required.
II. For all Contractors
A. For contractors coming onto the premises, in addition to a certificate of insurance naming Northampton Colony Yacht Club its officers, board members, members, subsidiaries, and affiliates are included as additional insured, the following insurance requirements apply:
1. General liability coverage of not less than $1,000,000 per occurrence, $2,000,000 aggregate
a. Additional insured on a primary and non-contributory basis
b. Waiver of right to subrogation waived
c. In addition to current certificate of liability insurance, contractor is to
furnish the section of their General Liability policy labeled “forms and endorsements” for review, to deem coverage is acceptable and contains no exclusion for injuries to one’s own employees or subcontractor thereof, limitations of height, or other exclusions we may deem not sufficient to protect our entity, prior to entry and allowance for operations to begin.
2. Umbrella liability coverage of not less than $5,000,000 per occurrence, $5,000,000 aggregate
3. Auto liability coverage of not less than $5,000,000 per occurrence, $5,000,000 aggregate
4. Worker’s Compensation on Form C105.2 or U-26.3 - Statutory Limits required
III. Copies of above documents must be emailed to Dock Master prior to utilizing our facilities.
Dock Master: Frank Greenwald
Email: frank@frankgreenwaldarchitect.com Mobile: (516) 848-4615 Northampton Colony Yacht Club
PO Box 241
Sag Harbor, NY 11963
RECEIPT, ACKNOWLEDGEMENT AND ACCEPTANCE of THE DOCKAGE AGREEMENT, including the DOCKSIDE PROCEDURES and YACHT CLUB RULES and MARINA INSURANCE REQUIREMENTS, is hereby acknowledged.