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THIS VESSEL MOORING AGREEMENT is made as of this ________day of _________,
20_____, by and between DOMINO REALTY MANAGEMENT, INC. (hereinafter called
"Company"), and ______________________________(hereinafter called
"Vessel Owner"), if more than one, each shall be jointly liable
hereunder and all are collectively referred to as "Vessel Owner"
herein. Company hereby grants Vessel Owner permission to moor its vessel at
Harbor Marina, (hereinafter called "Marina"), and Vessel Owner hereby
agrees to take the mooring defined herein for the term specified, subject to all
the terms and provisions set forth below:
1. Definitions:
A. Mooring: Slip No._________
B. Terms: The term of the rental shall commence on __________, 20_____ and
continue as follows subject to the payment of rent for one month and the
security deposit.
_______For a period of ________months and ________days thereafter expiring on
__________, 20_____ (a fixed-term lease). Renewal of the term shall be described
in paragraph 14 of this agreement.
_______On a month to month basis, the tenancy terminable by the Company or
Vessel Owner by the giving of 30 day written notice to other (A Month-to-Month
Rental Agreement).
C. Monthly Mooring
Fees:
____________________Dollars
D. Monthly Utility
Fees:
____________________Dollars
E. Monthly Live-a-Board
Fees:
____________________Dollars
F. Monthly Storage Locker
Fees:
____________________Dollars
G. Total Monthly Mooring Fees (C+D+E+F) ____________________Dollars
H. Fees Due Date: The first (1st) day of each calendar month.
I. Security
Deposit:
____________________Dollars
J. Late
Charge:
$75.00
K. N.S.F.
Charge:
$75.00
2. Vessel Description
Vessel name____________________________________________________________
Doc. No.________Builder:__________________________Builder Hull No._________
Type:_________________________________________________________________
Total Length (including bowsprit, pulpit, boarding step,
etc.)_____________________
Beam:_________________________________Draft:___________________________
Insurer Carrier___________________Policy No._____________Phone#____________
Insurer Carrier Agent Name:______________________________Phone#____________
Vessel Owner agrees to give Company written notice of any change in the
Insurance Carrier, Insurance Agent, or Insurance Policy Number, within five (5)
days after the occurrence of any such change.
Vessel Registration: A photocopy of the current year's registration is to be
received by the Harbor Marina Office no later than March 31, of each year.
3. Vessel Owner:
Name:________________________________Name of Spouse:___________________
Home Address(es):______________________________________________________
Business Address(es):____________________________________________________
Home Phone#:_________________________Business Phone#:___________________
Legal Owner (Such as bank, corporation, lien holder, or other name appearing
on evidence of title):_________________________________________________________
Social Security No.:_______________________Driver's License
#:_________________
Emergency Contact Person:___________________________Relationship____________
Address:_____________________________________________Phone#_____________
Vessel Owner agrees to give Company written notice of any changes in the
above information within five (5) days after the occurrence of any such change.
4. Company:
Domino realty Management Company
9990 Santa Monica Boulevard
Beverly Hills, CA 90212
5. Mooring Fees: Vessel Owner agrees to pay Company mooring fees in advance
on or before the first (1st) day of each month, at the Harbor Marina Office or
by mailing such Mooring Fee to the Dockmaster at:
Harbor Marina Dockmaster
3335 W. Coast Highway
Newport Beach, CA 92663
or at such other place as may from time to time be designated by Company in
writing. Any mooring fee or other payment due to Company, which shall not be
paid when due, shall be subject to a service charge computed from the date when
hereunder until the same shall be paid in full. Upon not less than thirty (30)
days prior written notice to Vessel Owner, Company may alter at any time the
amount of monthly mooring fees payable under this agreement.
6. Security Deposit: Upon execution hereof, Vessel Owner shall also pay to
Company a security deposit as security for the faithful performance of Vessel
Owner's obligations hereunder, Company may, at its option, claim from the
security deposit such amounts as reasonable and necessary to remedy Vessel
owner's defaults in the payment of Monthly Mooring Fees and other charges to
repair damages to the mooring, if necessary, upon termination of this Agreement.
In the event this security deposit or any portion thereof shall be applied as
provided herein, Vessel owner agrees to restore said security deposit to its
original amount, and failure to do so shall constitute a breach of this
Agreement. The Company shall furnish Vessel Owner with an itemized written
statement of the basis for the disposition of such security and shall return any
remaining portion of such security without interest to Vessel owner.
7. Late Charge/Returned Checks: Rent is due on the first (1st) day of the
month. Vessel Owner shall pay a late charge of $75.00 as additional rent. If
Company elects to accept rent after the tenth (10th) day of the month, payment
in the form other than personal check may be required. By this provision,
Company does not waive the right to insist on the payment of rent in full on the
day it is due. In the event Vessel Owner's checks are dishonored by the bank,
Vessel Owner shall pay a returned check charge of $75.00 in addition to rent. If
the returned check causes the rent to be late, the late charge will also be
paid. After a second check is dishonored, Company may require all future
payments to be in form other than personal check.
8. Use Conditions: Vessel Owner promises that it will perform or abide by
each and every condition of use contained in this agreement. Vessel Owner will
not cause or allow the mooring to be used for any other purpose than the mooring
of only the vessel described in paragraph 2 above (hereinafter called
"Vessel"), and for other uses consistent with said mooring not
prohibited herein.
(A) Live-A-Boards: While at the mooring, no person shall live aboard the
Vessel without the express written consent of the Company. Any occupancy of the
vessel for more than forty-eight (48) hours, shall be considered as "living
aboard".
(B) Discharge of Waste: Any vessel having a marine toilet shall have a
holding tank and shall satisfy all provisions of federal law pertaining to
marine sanitation devices as approved for use in a No Discharge Harbor. No waste
matter from skins, toilets, marine heads, holding tanks, bilges, or any other
receptacles shall be discharged into the waters of the Marina. If the Vessel
must be equipped with a holding tank designed to retain all human body wastes
deposited in the receptacle until such time as the wastes can be discharged into
a sanitary sewer system of discharged otherwise in accordance to the law. Vessel
Owner to permit Company to inspect such holding tanks from time to time upon
demand by Company.
(C) Signs: No sign for the purpose of advertising or display shall be placed
on the Vessel.
(D) Overhangs: No part of the Vessel shall at any time extend over any
portion of the dock in the Marina, and Vessel Owner agrees to indemnify and hold
Company harmless for any injury of damage caused by failure to comply with this
condition.
(E) Securing Vessel: At all times which the Vessel is berthed at the mooring,
Vessel Owner shall cause it to be safely and properly secured to its mooring in
a manner acceptable to Company. If Company deems it necessary to rescue the
Vessel for any reason, Vessel Owner agrees to pay Company a reasonable service
charge for doing so plus the cost of materials used therefore. however, Company
assumes no responsibility for the safety of the Vessel and will not be liable
for fire, theft, or any other damage to said Vessel, its equipment, or any
property in or on said Vessel by reason of Company's decision either to rescue
said Vessel or to not resecure said Vessel.
(F) Condition of Mooring: Vessel Owner hereby acknowledges that Vessel Owner
has inspected the Mooring and those portions of the Marina associated with the
Mooring, including without limitation, the floats, walks, gangways, and ramps,
knows the condition of same hereby accepts the Mooring in such "As-Is"
condition and agrees that no statement or representation as to condition or has
suitability been made by Company. Company shall not be responsible to Vessel
Owner for any injury or damage caused Vessel Owners or users of the Marina.
(G) Vessel's Owners Care of Mooring and Docks: Vessel Owner shall not store
any small boats, dinghies, skiffs, bait tanks, power lines, water hoses, or
other personal property whatsoever at the Mooring (other than aboard the Vessel)
or on the docks or gangways adjacent to the Mooring, but shall keep the Mooring
and said docks and gangways in a neat, clean, and orderly condition free and
clear of all such items other than power lines and water hoses in use. No
wheels, fenders, rubbing stripes or other cushioning devices may be attached to
a dock for the purpose of protecting hulls, without prior written approval of
Company, no alterations may be made to the docks due to the dry rot that is
caused by fresh water, shall be stored or left on the docks of the Maria. Vessel
Owner agrees to make a written report to Company of any conditions existing on
or about the Marina which Vessel Owner believes to be a hazardous condition or
which might develop into a hazardous condition.
(H) Commercial Enterprises: Vessel Owner will not conduct or allow the Vessel
to be used for commercial enterprises during the existence of this agreement.
(I) Guest: Vessel Owner agrees that all guests and hired personnel will
conform their activities to the requirements of this agreement, and Vessel Owner
agrees to be liable for, and to indemnify and hold Company harmless from, any
damages or injury caused by any such guest or hired personnel while in the
Marina. Company reserves the right to regulate the entry into the Marina by
yacht brokers and yacht service personnel. Company may ascertain that third
parties aboard the Vessel are authorized by Vessel Owner to be aboard.
(J) Extended Vessel Absence: Continuous vacancy of the Mooring for more than
fifteen (15) days is conclusively presumed to constitute both an abandonment of
the Mooring by Vessel Owner and an immediate termination of this agreement,
unless Company is notified in writing prior to the commencement of said period
of absence of Vessel Owner's intention to maintain this agreement in force and
effect.
(K) Change of Mooring: Company reserves the right to move or to require a
Vessel Owner to move the Vessel from the Mooring to another Mooring within the
Marina at any time for any reason whatsoever. Vessel Owner hereby grants to
Company permission to board the Vessel for said purpose. Neither Company nor any
of its officers, agents, nor employees shall have any liability for loss or
damage resulting from any such movement of the Vessel or from failure to move
the Vessel.
(L) Insurance: Vessel Owner agrees to secure and maintain during the term of
this agreement a policy of complete Marine Insurance including Protection and
Indemnity Liability with limits of not less than Three Hundred Thousand Dollars
(300,000.00) per occurrence, naming Domino Realty Management Company and the
County of Orange, its agents and assigns as additional insured, with a
certificate of insurance or said insurance policy and notice any changes shall
be delivered to Company by the insurance carrier. In addition, Company shall
receive thirty (30) days prior written notice of cancellation or other notices
affecting the coverage pursuant to said policy of insurance.
(M) Assignment and Subletting: Vessel Owner shall have no right or power to
assign the Agreement or sublet the Mooring or any part thereof to any other
person or party whatsoever. No attempted transfer or assignment, whether
voluntary or involuntary, by operation of law, under legal process or
proceedings by receiver ship, in bankruptcy, or otherwise, and no attempted
subletting shall be valid or effective, but shall automatically terminate this
agreement. If Vessel Owner notifies Company of its intention to have the Mooring
vacant for a stated period Company may at its option allow temporary berthing
use of the Mooring by another vessel for any period in which the mooring is
vacant and may, in its discretion, credit Vessel Owner account up to one-half of
the current amount to be charged to Vessel Owner pursuant to this Agreement for
the period in which the Mooring is granted to third party by the Company for
temporary berthing.
(N) Regulations: Vessel Owner agrees to use the Mooring and the Marina in
accordance with Company's Rules and Regulations, a current copy of which Vessel
Owner has received and which, by this reference, is made part thereof. Company
reserves the right to modify its Rules and Regulations from time to time. Vessel
owner further agrees not to violate any law, ordinance, rule or regulation of
any government authority with respect to the Mooring or Marina.
(O) No Discrimination: In granting permission to any person to moor its
Vessel at the Harbor Marina, there shall be no discrimination against or
segregation of any person or group of persons, on account of race, color, sex,
creed, national origin, or ancestry.
9. Damage and Destruction:
(A) Vessel Owners Obligation: Vessel Owner agrees to hold Company, its
directors, officers, employees and agents harmless for and to pay on demand all
reasonable costs of repairs or restoration resulting from any damage or
destruction to the Mooring or the Marina or any part thereof or any vessels in
the Marina resulting from improperly connecting electrical service from the
common outlet to the vessel, failure to turn off electrical, water or other
utility appliances or lights when not in use, and littering of the Mooring or
adjoining common areas.
(B) Effect of Damage or Destruction: In the event of damage to or destruction
of the Marina or the Mooring by fire, flood, earthquake, or any other cause or
causes, Company shall have the option to:
(1) Treat this Agreement as continuing and repair or restore the Marina or
Mooring to their condition before such damage or destruction within Thirty (30)
days of the occurrence of the same or, if insured within Thirty (30) days after
Company received permission from the insurer to proceed with repair or
restoration.
(2) Terminate this Agreement and all further obligations of either party by
written notice to Vessel Owner. After the occurrence of such damage or
destruction, the Vessel Owner's obligation to pay fees hereunder shall be abated
in an amount which Company, in its sole discretion, shall determine to be
proportionate to the area of the Mooring tendered unfit for use by Vessel Owner
during the period of repair or restoration.
10. Limitations on Company's Liability:
(A) Injury, Loss or Damage: Unless caused by the fraudulent willful or
illegal act of Company, Vessel Owner agrees that Company, its general partners,
directors, officers, employees, and agents be liable for any loss or damage to
any article belonging to Vessel Owner or located in the Mooring other facilities
under control of Company. Vessel Owner hereby agrees to defend, indemnify and
hold Company and its general partners harmless from all liability for any such
injury, loss, or damage.
(B) Other Limitations: Vessel Owner also agrees that Company shall not be
liable for, and this Agreement shall not be terminated by, any interruption or
interference with services or accommodations due to Vessel Owner caused by
strike, riots, orders or acts of public authorities, acts of other Vessel
Owners, accident, the making of necessary repairs to the Marina, or any other
beyond Company's control.
11. Waste, Quiet Enjoyment: Vessel Owner shall not commit or permit any waste
upon the Mooring or any nuisance or act or thing which may disturb the quiet
enjoyment of any other Vessel Owner in or about the adjoining moorings.
Violation of this provision shall be grounds for immediate termination of this
Agreement at the option of the Company. Vessel Owner shall not in any way
wasteful or unreasonable or hazardous manner any of the utilities furnished by
Company.
12. Remedies for Default:
(A) Possessory Lien: By execution of this Agreement Vessel Owner acknowledges
that pursuant to Harbors Navigation Code and by the terms of this agreement,
Company shall have a lien on the Vessel Owner's Vessel for money which may
become due under this agreement. Pursuant to said statutory lien, Company has
the right to take possession and control of and remove and store the Vessel or
place Vessel for public auction for the purpose or perfecting and executing upon
Company's statutory lien rights.
(B) Other Remedies: If Vessel Owner fails to pay mooring fees, cost of repair
or restoration or other charges to be borne by Vessel Owner hereunder, Company
may at its own option, regard this agreement as continuing in force and recover
from Vessel Owner damages caused by Vessel Owner's right to recover the mooring
fees due under this Agreement as the same shall accrue; or terminate Vessel
Owner's right to use the Mooring. The remedies herein above provided are not
exclusive and Company may pursue any one or more of such remedies provided by
law.
(C) No Waiver: The exercise or failure to exercise any remedy provided herein
for any breach hereof shall not be deemed as a waiver of Company's right to have
that or any other remedy specified above for any other breach of the same or any
other provision of this agreement. Failure by Company to exercise any of its
rights under this Agreement or Company's acceptances of money fees after any
default shall not be considered or therefore given or commenced.
(D) Attorney's Fees: In the event either Company or Vessel Owner shall bring
action in connection herewith, the party prevailing therein shall be entitled to
recover as part of such action attorney's fees and court costs.
13. Termination: Except as otherwise provided in subparagraph 8(J) above:
(A) This Agreement shall at the sole option of Company, automatically and
immediately terminate at such time as Vessel Owner sells, leases, charters, or
otherwise transfers any or all of its interest in the Vessel to any party,
whether or not such transfer is voluntary or involuntary by population of law,
under legal process proceedings, by receivership, in bankruptcy or otherwise.
(B) If Vessel Owner fails to perform any of the terms, conditions and
promises as set forth in his agreement, Company may at its option without
waiving any other remedies it my have, immediately terminate this Agreement upon
written notice to Vessel Owner.
(C) Upon termination of this Agreement, Vessel Owner shall remove the Vessel
from the Mooring, shall remove all other personal property, if any, from the
Marina, and shall surrender to the Company the Mooring and all keys to the
Marina.
14. Renewal/Holding Over: At the expiration of a fixed term lease, Vessel
Owners, at the option of the Company, continue tenancy on a month-to-month basis
or by an extension of this lease for an additional fixed term providing such
extension is executed by both parties in advance of the lease expiration date.
In the absence of any communication between both parties, the tenancy shall
continue on a month-to-month basis including any changes, i.e. rent adjustments,
having been made by Company with proper written notice.
15. Notices, Demands and Services:
(A) Notices demands and requests: All notices, demands, and requests which
may be or are required to be given pursuant to the provisions of this Agreement
may be delivered in person, by posting and mailing pursuant to section 1162 of
the California Code of Civil Procedure or sent by United States mail, postage
prepaid as follows:
(1) If to Company, to the Authorized Manager of the Marina at its designated
address identified in Paragraph 5 or to such other person or to such other
address as Company may hereafter designate by written notice.
(2) If to Vessel owner, to Vessel Owner at the residence and/or business
address set forth herein or to such other address as Vessel Owner may hereafter
designate by written notice.
(B) Service or Process on Owner: All other legal notices, demands and service
of process to be given to Company may hereafter designate address identified in
Paragraph 4 or upon such person or at such address as Company may hereafter
designate by written notice.
(C) All notices concerning termination shall be in writing, delivered to
Company by mail or otherwise at least thirty (30) days prior to the proposed
termination.
16. Entire Agreement: This Agreement constitutes the entire understanding of
the parties hereto and superseded all prior agreements, understandings,
discussions, statements and negotiations of the parties relating to the subject
matter herein contained. This Agreement cannot be modified, rescinded or
terminated unless in writing signed by both Company and Vessel Owner. Each party
acknowledges that no representations, inducements, promises or agreements, oral
or written, with reference to the subject matter hereof, have been made other
than as expressly set forth herein.
EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPHS 8(E) ABOVE, Company DOES NOT
HEREBY ASSUME CUSTODY OR POSSESSION OF THE VESSEL OR ANY RESPONSIBILITY
WHATSOEVER FOR THE CARE OR PROTECTION OF SAME AND VESSEL OWNER HEREBY ASSUMES
ALL RISKS ASSOCIATED WITH THE USE AND OCCUPANCY OF THE MOORING. VESSEL OWNER
REPRESENTS AND WARRANTS THAT LL STATEMENT HEREIN ARE FULL, TRUE, AND CORRECT.
VESSEL OWNER ACKNOWLEDGES THAT THE Company HAS FULLY RELIED UPON THESE
STATEMENTS IN EXECUTING THIS AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
VESSEL OWNER HARBOR MARINA, LLC
(Company), DOMINO REALTY MGMT. CO.
COMPANY AS AGENT
___________________________________ _________________________________
Vessel Owner Signature Authorized Agent
___________________________________ _________________________________
Date Date
Acknowledgement that Tenant has received a copy of Marina Rules and
Regulations which bear the
revision:____________________________
Vessel Owner(s) Signature:______________________________________
DATE:_________________
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