SERVICE/ STORAGE AGREEMENT TERMS & CONDITIONS

 

KNAPP’S NARROWS MARINA, LLC. (KNM) hereby leases to Owner, the slip, and/or other items, on the terms and conditions hereafter set forth:

 

The undersigned represents ownership of the yacht described or, if not, hereby represents and warrants that he/she us duly authorized by the owner to enter into this contract on the owner’s behalf as a properly designated agent.  It is understood that any notice, invoice or other communication to the owner shall be made to the address shown above unless KNM is notified otherwise in writing.  It is further agreed, unless otherwise specifically noted hereafter in writing, that all requests by the owner for services and/or materials and the furnishing thereof by KNM, shall be subject to the terms and conditions stated here, whether or not explicitly incorporated by the reference into any future oral or written purchase order, work order, or other agreement.

 

The Owner shall abide by the rules and regulations now and hereafter in force as promulgated by KNM.

 

The parties hereto agree that neither KNM nor any agent, servant or employee of KNM shall be liable for any loss, damage or personal injury to the person or property of the Owner, including the boat, its inventory and equipment, nor to the Owner using the marina, whether such loss, damage or personal injury be occasioned by fire, theft, Act of God or any other cause or condition.  Owner hereby agrees to indemnify and save harmless KNM, its agents, servants, and employees from or against any claim arising from the maintenance, use operation and/or storage of his boat in the marina area or use by the Owner of the marina facilities and hereby agrees to assume full responsibility for personal injury and property damage arising out of the maintenance, use and operation and/or storage of his boat in the marina area or occasioned to the Owner through the use of the marina facilities.  It is understood that the Owner has insurance with respect to his responsibilities hereunder, and has named KNM as additional insured.  Minimum amount $300,000.

 

KNM at its option may terminate this agreement at any time, if in its sole judgment the Owner does not adhere to the rules and regulations of the Marina or conducts himself in a manner detrimental to the Company or the other yacht owners.  In addition, upon default by the Owner of any of the terms and conditions hereof, which shall include nonpayment of rent or other charges, or other defaults, KNM at its option may declare this agreement to be in default and shall have all rights and remedies available under the laws of the State of Maryland to recover possession, evict, expel, recover unpaid rent or charges, and this contract shall become terminated without refund to the Owner.  Upon termination the yacht and all personal property must be removed from the premises within one week.  It is agreed KNM at its option may remove the yacht to another yard for storage.  KNM will have a lien on the yacht if money is owed and may lawfully retain the yacht until all claims are settled.  In either event regular transient rates will be charged.  The Owner agrees to pay for any and all expenses, including court costs and attorney’s fees in the event any action is necessary to enforce any terms or conditions of this contract.  Interest at the rate of 2% per month will be charged for any invoice not paid in 30 days.

 

This contract may not be assigned by the Owner and the property leased may not be sublet.  If the yacht is sold this agreement is automatically terminated and the same provisions for removal applies as outlined above unless a new rental agreement has been agreed to, signed, and paid in full by the new Owner.

 

If the yacht is offered for sale while this agreement is in effect, KNM must be notified.  Prospects will not be allowed aboard unless accompanied by the Owner or broker.

 

KNM reserves the right to board and/or move the Owner’s yacht if in its sole judgment this becomes necessary.

 

All outside labor must be arranged through KNM.  KNM follows Clean Marina practices and expects all customers to do same.  No live aboards are allowed on KNM premises. 

 

Knapp's Narrows Marina subscribes to and enforces pollution prevention procedures. The undersigned must understand and agree that in return for the privilege of performing work on a boat at this facility such as hull cleaning, topsides washing, sanding, polishing and/or painting; bottom cleaning, sanding, scraping, and/or painting; opening the hull for any reason, e.g., installation of equipment or engine work; engine and/or stern drive maintenance, repair, painting; etc., it is their responsibility to comply with, at a minimum, the following pollution prevention practices. 

This list may not be complete, and you must pledge that you will exercise common sense and judgment in your actions to ensure that your activities will not deposit pollution residues in surface waters or elsewhere where they may be conveyed by storm water runoff into the surface waters. You understand that failure to adopt pollution prevention procedures may result in expulsion from Knapp's Narrows Marina and forfeiture of rental fees. You understand that you may elect to employ the facility to perform potentially pollution producing activities on your behalf in which case the responsibility for compliance with the best management practices is entirely ours.

 

 

POLLUTION PREVENTION PRACTICES:

 

A. REPAIRS AND SERVICE (to hull and engine: painting, cleaning, washing, sanding, scraping, etc.)  In accordance with the General Permit for Discharges from Marinas 16-MA issued under the federal Clean Water Act:

1. Work on hulls and engines only in designated areas or use portable containment enclosures with approval of marina management.

2. Use tarps and vacuums to collect solid wastes produced by cleaning and repair operations–especially boat bottom cleaning, sanding, scraping, and painting.

3. Conduct all spray painting within an enclosed booth or under tarps.

4. Use non-toxic, biodegradable solvents if available.

5. Capture debris from boat washing and use only minimal amounts of phosphate-free, non-toxic, and biodegradable cleaners. Any boat washing done on land with soaps must not reach storm drains or surface waters (e.g., creek/river/bay). Washing should be done on grassy or gravel areas away from storm drains and when no storm water is flowing or expected (i.e., not just after or just before a storm). Rinsing boats with plain water and no additives (i.e. soaps, stain removers, etc.) is not restricted. 

6. Use drip pans for any oil transfers, grease operations, and when servicing I/Os and outboard motors.

7. Obtain management approval before commencing any repair which will open the hull. Clean and pump bilges free of contaminated materials before and after repairs which open the hull.

8. Use spill proof oil change equipment.

 

B. VESSEL MAINTENANCE WASTE

1. Non-toxic residue of sanding, scraping, and grinding: bag dry waste and dispose of in regular trash.

2. Toxic and non-environmentally safe solvents and cleaning liquids: seek specific directions from marina management or dispose of with licensed agency.

 

C. FUEL OPERATIONS

1. Install fuel/air separator on fuel tank vent line(s) to prevent overflow of fuel through vent.

2. Keep petroleum absorbent pad(s) readily available to catch or contain minor spills and drips during fueling.

3.  Always attend fueling of the boat.  Never use a device to hold up fuel nozzle. 

 

D. WASTE OIL AND FUEL

1. Recycle used oil and antifreeze. See menv.com for free public collection stations.

2. Add a stabilizer to fuel tank in the fall or an octane booster to stale fuel in the spring. Use the fuel or bring it to a household hazardous waste collection site.

3. Absorbent materials soaked with oil or diesel: drain liquid and dispose of in used oil recycling container; double bag absorbent material in plastic and dispose in regular trash receptacle.

4. Absorbent materials soaked with gasoline (flammable): air dry and reuse.

5. Bio-remediating absorbent products: dispose in regular trash as long as no liquid is dripping. Because the microbes need oxygen to function, do not seal in plastic.

6. Oil filters: drain and recycle the oil; recycle the filter or double bag and put in regular trash.

 

E. ONBOARD PRACTICES

1. Maintain oil absorbent pads in bilge. Inspect no less than annually.

2. Do not discharge bilge water if there is sheen to it (illegal).

3. Use only low-toxic antifreeze (propylene glycol). Recycle used antifreeze (even low-toxic antifreeze will contain heavy metals once it has been used).

4. Use only non-toxic, phosphate-free, biodegradable cleaners. Find EPA Safer Choice products at https://www.epa.gov/saferchoice/products  by entering “marine” or “boat” in the Product Name search box.

 

F. SEWAGE HANDLING

1. Never discharge raw sewage within Maryland waters (illegal).

2. If you have an installed toilet, you must have an approved Marine Sanitation Device (MSD).  See dnr.maryland.gov/Boating/Pages/pumpout/home.aspx for more information on legal requirements. 

3. Do not discharge Type I or Type II marine sanitation devices within the marina basin.  They are best used in open, well flushing waters. Type I or II MSDs can not be used in designated No Discharge Zones.    

4. Use marina restroom facilities when at slip.

5. Empty port-a-pots using pumpout station. Do not empty port-a-pots in the restrooms.

6. Do not discharge holding tanks overboard (illegal); use pumpout facility.

7. If you must use a holding tank additive, use an enzyme-based product. Avoid products that contain quaternary ammonium compounds (QACs), formaldehyde, formalin, phenal derivatives, alcohol bases, or chlorine bleach.

 

 

G. ORGANIC WASTE

1. Clean fish only in designated areas.

2. Grind, compost, or double bag fish scraps.

3. Walk pets in specified areas, pick up and dispose of their wastes in the dumpster.

 

H. SOLID WASTE

1. Recycle plastic, glass, aluminum, newspaper, and used lead batteries. We offer battery recycling through the boatyard.

2. If you opt to use shrinkwrap, it must be recycled. See the office for details. Shrinkwrap may not be place in the marina dumpsters.

3. Place trash in covered trash receptacles; replace covers and keep dumpsters closed at all times. See office for disposal of any hazardous materials.