DAY
ISLAND YACHT CLUB
MOORAGE
AGREEMENT
This
Moorage Agreement Supersedes All Previous Moorage Agreements
Rev: Dec 15/01
SECTION I: Roles and Responsibilities
A. The Board of Trustees of Day Island Yacht Club (D.I.Y.C.), here after referred to as the "Board" constitutes the Executive Committee of the Club and exercises general management of the Club's affairs. The Port Commission, which consists of the three elected trustees, shall initially act on all matters concerning the moorage, landing and enforcement of police regulations pertaining to the harbor. This includes the authority to levy fines as set by the Board and issue orders to correct conditions, which violate the moorage agreement. The decisions of the Port Commission may be appealed by any member in writing, within 14 working days from the date postmarked, written notification, to the Board. The Board, who, shall make final written determination all appeals.
B. The Board is empowered to fix the fees and rates such as electrical,
garbage and any other charges associated with moorage services. Such changes shall be published in the Fog
Locker and approved by the membership at the next regular meeting.
C.
Any proposed changes to the berth rate of amendments to this Moorage Agreement shall be published in the Fog
Locker and approved by the Membership at the next regular meeting.
D.
Any proposed changes to the berth rate or amendments to this Moorage Agreement shall be published in the Fog Locker and approved by the Membership at the next regular
meeting.
E. Definitions:
As
used in this Moorage Agreement the following words and terms are defined as
follows:
1.
Club Member - One of the three classifications of Membership in D.I.Y.C.: Active Person, Active Person and
Spouse and Life.
2. Boat - Any vessel manufactured for pleasure capable of
pleasure capable of transportation over water.
3. D.I.Y.C. Basin - The
tidal basin and real estate owned by D.I.Y.C.
4. Berth - Area within the D.I.Y.C.
property suitable for the moorage of the boat, but only one boat.
5. Berth Size - The actual
size of the “Berth Area” as determined by the Board.
6. Boathouse - Any floating
structure intended to house a water-borne boat.
7. Boathouse Measurements -
Actual outside foot and inch measurements of the structure.
8. Dinghy - Any small boat
used as a tender.
9. Board - The Board of Trustees of D.I.Y.C.
10. Port Commission - The Three (3) members of the D.I.Y.C. Board if Trustees designated as the Port Commission.
11. Request, Appeals, Notifications - Any communication to and from the
Port Commission will be made and acknowledged
in writing. Verbal communications
alone will not be valid or binding.
12.
Berth Occupants - A member in good standing who has been assigned and occupies a
Berth within the D.I.Y.C. Moorage Basin.
SECTION
II: Berth Possession and Assignment
A.
All berth occupants must be Club Members in good standing.
B.
A Club Member may occupy only one berth, own only one
boathouse and one boat in the Moorage.
C. All berth occupants shall, upon berth assignment, provide to the Port Commission the following documentation:
1. Proof of Boat Ownership.
(For partnership see H. below)
2. Proof of Boathouse
Ownership (For partnership see H. below).
3.
Proof of a comprehensive liability insurance coverage policy on the boat.
(See Section V, paragraph A for insurance requirements)
D. Moorage Agreements
shall not be signed nor occupancy of boathouses taken
until the documentation requirements above has been provided to the Port Commission.
E.
Berth occupants will have 21 working days from date berth assignment to
present documentation to the Port Commission.
F.
All documentation will be made a permanent part of the
member’s moorage files.
G.
A member who has been assigned a berth and who has on file all the proper
documents and Moorage Agreement shall be entitled to occupy that berth
indefinitely or until he/she fails to comply with the established moorage rules.
H. When joint ownership of a boat/boathouse is involved, the partners shall
be club members and declare their partnership and provide a written request to
the Port Commission for the approval of the berth assignment to the partnership.
The request must show the names of the club members forming the
partnership, and a copy of their boat’s registration form and or property
record showing that at least one member involved is the registered owner of the
boat and boathouse. Copies of these
documents will be maintained in the members permanent moorage file.
I. To retain possession of berth:
1.
Moorage billing shall be mailed by the first of the month. Members must pay the charges for berth
rental and service in full by the 15th of the month. If payment in full is not received by the 20th day of the month, a
service charges of $10. Per billing
period shall be added. Any unpaid
fees or charges shall be treated in accordance with the Club Bylaws. The Moorage shall not be subject to additional fines, but membership
shall be terminated at the end of 60 days, per Club Bylaws.
2. Member must maintain his/her boathouse in accordance with the D.I.Y.C.
Uniform Building Code for
Boathouse and the amendments thereto.
SECTION III: Boathouse and Berth
A.
Members shall have the right, upon approval of the Board, to place
boathouses in their berths, but all shall, as a minimum, conform to the current D.I.Y.C.
Uniform Building Code for Boathouses.
B.
When the berth contains a boathouse, the length of the boathouse shall not
extend beyond the allowable length and/or width of the berth except as provided
by the D.I.Y.C. Uniform Building Code of Boathouses. In the case of an open berth the overall length and beam of the vessel
(including walkways) must not be greater than the approved and length and width
of the berth.
C.
A member may not sub-lease his/ her berth to anyone else. However, he/she may permit temporary se of his/her berth by another
member in good standing for a period not to exceed 30 days. For periods in excess of 30 days, the Port Commission may grant such
permission upon receipt of a written request specifying the approximate duration
from the permanent assignee of the berth.
D.
The Club shall select the type of meters used in D.I.Y.C. moorage. Those members desiring electric service shall pay to the Club the current
cost of the meter and for the meter installation. Upon purchase, the meter
becomes the member(s) property. He/she
shall thereafter pay for the power consumed as shown by the meter. The Club reserves the right to replace a faulty meter at the member’s
expense.
E.
Members shall keep the walkways in the vicinity of their berths clean and
free from dinghies, waste or other materials. The Port Commission is empowered to dispose of all such material found on
the floats outside the limits of any berth.
F.
All dinghies kept within the member's berth or on the Dinghy Dock. Dinghies must fit within the limits of the berth.
G.
The member occupying the berth must provide and maintain adequate mooring
chains from the Boathouse to the finger dock and ensure that the boat is
securely moored within the boathouse. If
this is not complied with, the Port Commission shall notify the member to
correct the condition. If the condition is not corrected within 5 days, the Port
Commission shall have the condition corrected at the member's expense.
SECTION
IV: Sale, Exchange and/or transfer
of Berth/Boathouse and /or Boat
A.
The Port Commission shall be notified in writing of all transactions in
the Moorage involving the following:
1. Boathouses for sale.
2. Exchanges of berths, boathouses.
3. Transfers of boathouses.
4. To place a boathouse in a berth within the moorage.
B.
Boathouse & berths
2.
There shall be posted at the clubhouse a list of applicants requesting
new and/or changes of berth. This
list will be named “The Request for Moorage List” and will govern the
determination by the Port Commission in the assignment of berths. Berths shall be assigned in accordance with the dates of the
applications, the oldest application receiving priority. The list will create and “order of standing”.
3.
Request for a new or change of berth must be presented by a Request for
Moorage Application (forms
4. Members desiring to sell a vacant boathouse located in the D.I.Y.C. Moorage basin must notify the Port Commission in writing of:
(a)
Sellers name, mailing address and telephone number where the member can
reasonably be expected to be contacted during the next sixty-day period.
(b)
Provide a description of the boathouse to include the exterior dimensions and
any unique features and known that may facilitate the sale of the boathouse.
5. Upon receipt of the request for sale, the Port Commission will notify, by
first class mail, all members who have on file a Requested for Moorage
Application Appropriate for the boathouse available. The notification will include:
(a) A list, in order of standing, of all members who are eligible to
consider the available boathouse,
(b) A complete description of the boathouse,
(c) The stated selling price,
(d) The name and contact information of the seller.
6. Said notifications will
be sent to the member’s address of record, or forwarding address if available.
The recipient then has thirty (30) calendar days from date of postmark to
contact the seller and either accept or reject the offer. Both seller and prospective buyers must be aware that the highest member
on the list offering the stated selling price must be afforded the first
opportunity to purchase. Failure to
sell to a member who has offered the asking price will be considered a violation
of the provisions of the D.I.Y.C. Moorage agreement as stated elsewhere. Seller does, however, have the option of taking the boathouse
off the market at any time and in so doing, agrees not to offer the boathouse
for sale at a higher price for a minimum period of six (6) months.
7. Both seller and
prospective buyer must notify the Port Commission in writing. Upon reaching any
agreement regarding the transaction. If
a boathouse fails to sell, the owner has the option of re-notifying the Port
Commission of an adjusted price and starting the process over allowing general
membership access and then going outside D.I.Y.C. and advertising on their own.
8. The Port Commission
shall maintain a written log that will track the date and time a member has been
mailed notification. When a berth
has been sold and is offered to an applicant, he/she will have 10 Calendar days
to either accept or reject the assignment. The Log shall be maintained by the Port Commission.
9. Both the “selling member” and the ‘buying member” are responsible
for notifying the Port Commission immediately, in writing, upon the sale of the
Boathouse/Shelter and/or boat.
10. A Transfer Fee, calculated at the rate of $.50 per square foot based upon the recorded berth size, shall be submitted to D.I.Y.C., addressed to the Port Commission, by the buying member. Whenever a berth is re-assigned to a member in good standing, either from a sale or exchange of a boathouse. A new moorage agreement will not be issued to the new assignee until receipt of the transfer fee and he/she will not be allowed to take physical possession of the berth until the moorage transfer fee is paid to the club
11. When a berth is assigned to a member and all documentation requirements
as specified herein have been received, he/she shall have 30 days to occupy said
berth. The Port commission may
grant and extension to the initial 30 day period with the mutual consent of
seller and buyer. The Port
Commission will act upon such a request upon receipt of a written request, which
specifies approximate duration of said extension.
12. When a member who presently owns a boathouse in the D.I.Y.C. moorage
negotiates the purchase of another boathouse in said moorage, he/she shall have
60 days to advertise and sell his/her present boathouse in accordance with
Section IV, B. 4. Through B.6.of this Moorage Agreement. This 60-day period includes and Earnest Money agreements entered into
with seller. If not sold within the
initial the seller may petition the Port Commission in writing for and extension
beyond the original period.
C.
Sales of Boats.
1. A member with a boat moored in the Day Island Yacht Club moorage will
notify the Port Commission in writing that his/her boat is for sale and, at the
same time, indicate to the Port Commission his/her intentions in regard to the
berth and boathouse. The selling member must be a member in good standing.
If the member sells his/her boat to a non-member, the person to whom
he/she sells his/her boat may submit an application for membership.
2. When a berth becomes vacant by reason of disposal of the boat and the
member intends to purchase reoccupy the berth/boathouse, the member shall have
180 days to do so. The Port
Commission may grant and addition 180 day extension upon written request.
3. When a boat is sold and the berth not re-occupied then the provisions of
Section IV shall apply.
4. When a member who presently owns a boathouse in the D.I.Y.C. moorage
negotiates the purchase of another boathouse in said moorage, he/she shall have
60 days to advertise and sell his/her present boathouse in accordance with
Section IV, of this Moorage Agreement. This
60day period includes and Earnest money agreements entered into with seller.
If not sold within the initial 60day period, the seller may petition the
Port Commission in writing for an extension of the original period.
D.
The rights of the Estate of a deceased moorage member, without a spouse,
who has moorage, are as follows:
1.
The Senior Port Commission member will contact the Estate Executor or
Court representative and inform him or her of the requirement to make
arrangements for and the procedures required for the safekeeping of and access
to the boat, The moorage cost, methods of payment and other responsibilities.
2.
Upon the death of a moorage member the Administrator of the deceased
member’s estate has up to six months to terminate the vacate the member’s
slip. The estate must relinquish
all occupancy rights of said moorage berth and not to his family and or
relatives unless they are members of the club.
E.
The boat located and moored on “H” finger is temporary only and is not eligible for change of berth, and is not
regulated by Section III, A and Section IV, D of this Moorage Agreement. The berths locate on “H” finger will not be reassigned after the
existing temporary assignment has been vacated.
SECTION
V: Laws, Ordinances and Guidelines
A. All
member’s who have a boat in the Day Island Yacht Club Moorage Basin
shall provide evidence of an effective boat comprehensive insurance
policy(s) of current liability coverage, covering the member in the
amount of not less than $300,000. A copy of this Policy(s) or Certificate(s) of Insurance will be
placed in the member’s permanent moorage file with a properly signed
D.I.Y.C. Moorage Agreement. Policy(s)
shall provide that the Day Island Yacht Club will be named in the
policy(s) as “an additional insured” party and that the club shall
be advised of any cancellation or change in coverage 30 days prior to
it being effective.
B. The
above documents must be presented to the Port Commission within
twenty-on (21) working days after notification of moorage assignment.
C. All boats must be kept in seaworthy and safe running condition, with a working engine with sufficient power capable of evacuating the moorage basin in an emergency. A member shall, upon written notice, demonstrate within 30 days to the satisfaction of the Port Commission, that the above conditions have been met.
D. Yacht Brokers, mechanics, and/or any trades persons hired to survey, sell, repair or work on a boat or boathouse in the moorage basin, shall be accompanied by the member or be provided with an Courtesy Entry Permit form issued by the member. (Forms available at the Moorage Bulletin Board) The Entry Permit authorizes a non-member to use the member’s gate pass for access to the vessel. The member will be responsible for the actions . of the authorized Entry Permit holder.
E. Under maritime law, a vessel and its appurtenances are subject to lien for moorage and/or services rendered. This law is applicable to moorage at the D.I.Y.C.
F. In the case of any
person asserting a right dependent upon an interest in a boat, he/she must
exhibit documents to title to such as evidence of his/her ownership upon a
request by any officer or Board member of the D.I.Y.C. Upon failure to do so, his/her claim
shall be denied.
G. The Port Commission
shall have authority to act on unusual or extenuating circumstances on an
individual basis pertaining to moorage.
H. Any violation of the
moorage agreement, including failure to pay fees and fines as set by the Board
and/or the failure to take required corrective action to bring the moorage into
compliance shall be grounds for additional fines, suspension or the expulsion
from the Day Island Yacht Club pursuant to the Bylaws.
SECTION
VI:
Boat and/or Boathouse Removal
A. The Port Commission may recommend to the Board the removal of any boat and/or boathouse and termination of membership for any of the following reasons:
1. Failure to sign a moorage agreement.
2. Failure to comply with either the current Moorage Agreement or
the current Boathouse Building Code and the amendments thereto.
3. Failure of the member to correct a default or deficiency in his/her
moorage as cited by the Port Commission within the time called for.
4. The boat and/or boathouse are in such a condition that, in the opinion of
the Port Commission, it is a hazard or detriment to the club.
B B. In
the event that the Board orders the removal of boat and/or boathouse, the
following shall occur:
1. A Notification of Removal will be sent to the owner, by certified mail/return receipt requested,
to address of record as in D.I.Y.C. records or to the last known address. The notification will be posted in a conspicuous place on the owners boat
and boathouse.
2. The Notice shall state the following:
a. The date & time the notice was mailed and posted and the date and
time after which the Board will cause the boat/boathouse to be removed, which
shall be not less than 35 days from the date of the mailing of the notice.
b. That if the boat/boathouse is not removed by the owner within the time
specified in the Notice, that the boat/boathouse will be considered abandoned
and will be removed from the moorage and/or prior to being sold at Public
Auction as the laws of the State of Washington may allow, either judicial or non-judicially, the owner and any lien holders will be notified by certified
letter/return receipt requested.
c. The address and telephone number where additional information may be
obtained concerning the selling of the boat/boathouse and the conditions for
its/their remaining in the D.I.Y.C. moorage basin.
C.
The proceeds of any sale of any boat/boathouse pursuant to these
provisions, shall be applied first, payment of the amount of reasonable fees and
charges, including those of an attorney, incurred by D.I.Y.C. moorage and other
fees owed to D.I.Y.C., then to the owner or to satisfy any liens of security
interest on the boat/boathouse in the order of their priority.
SECTION
VII: Emergencies
In
case of an emergency, or disaster threatening injury to persons, damage or
destruction to property, any employee or member of the Club is authorized to
take such reasonable and proper steps, as he/she may deem necessary to meet such
emergency. No liability therefore
shall be incurred by the Club or the individual concerned.
SECTION
VIII: Binding Effects &
Severability
This
agreement is for the benefit of and binding upon D.I.Y.C. and the members
signing the agreement and their successors and assigns. Each of the provisions contained in this Moorage Agreement shall be
enforceable independent of every other provision and if any provision is
determined by a court to be unreasonable and unenforceable, in whole or in part,
shall not effect the remainder of the provisions and such provision may be
enforced upon such other basis as a court may deem reasonable under the
circumstances.
In consideration of being assigned a moorage by the
D.I.Y.C., I agree to the foregoing regulations. I agree that I have received and read the current
D.I.Y.C. Uniform Building Code for Boathouses. I have examined the moorage and all other facilities provided by the Club
and accept them as safe, satisfactory, and sufficient, and agree on behalf of
myself, my family, and my guests, to use them at my own risk, being well aware
of the ordinary hazards incidental to the use and enjoyment of such facilities.
The responsibility for the care and safety of my boat shall be upon
myself at all times, and no action of, or service by, any employee of the Club
shall be in any way construed as an acceptance by the Club of any such
responsibility. It is further
agreed and understood that the D.I.Y.C. shall be saved and held harmless from any claim whatsoever for damage
to my boat, house, or other property incurred as a result of operations of any
property adjacent to the moorage.
MEMBER
SIGNATURE ________________________________________________
DATE_________________
MEMBERS (PARTNER) SIGNATURE ____________________________________ DATE
_________________
PORT
COMMISSION SIGNATURE ______________________________________ DATE_________________