APPLICATION FOR BOAT STORAGE/DOCKAGE

If you prefer to print out a pdf and bring it to the office you can find the application (and other pdf's) on our documents page.

Insurance: Please provide declaration page of insurance policy. Liability minimum is $500,000.

ELECTRICITY IS CHARGED: BOATS 32' AND UNDER ARE AT A FLAT RATE OF $25 PER MONTH.  BOATS 33' AND OVER ARE $20 PER MONTH PLUS $.30 KwH.

SUMMER DOCKAGE BEGINS MAY 1 AND ENDS OCTOBER 15 ALL VESSELS REMAINING IN THEIR SLIP AFTER OCTOBER 15TH AND HAVE NOT SIGNED A WINTER CONTRACT MUST BE REMOVED, OTHERWISE A TRANSIENT RATE OF $1.50 PER FOOT PER DAY WILL BE CHARGED.

WINTER WET STORAGE BEGINS NOVEMBER 1 AND ENDS APRIL 15th ALL VESSELS REMAINING IN THEIR SLIP AFTER APRIL 15TH AND HAVE NOT SIGNED A SUMMER CONTRACT MUST BE REMOVED BY THIS DATE, OTHERWISE A TRANSIENT RATE OF $1.50 PER FOOT PER DAY WILL ACCRUE UNTIL MAY 1, THEN THE RATE WILL INCREASE TO $3.00 PER FOOT PER DAY.

WINTER DRY STORAGE BEGINS NOVEMBER 1ST  AND ENDS APRIL 15th, ALL VESSELS MUST BE READY TO LAUNCH ON APRIL 15TH.  IF YOUR VESSEL IS NOT READY FOR LAUNCH AND IS BLOCKING OTHER VESSELS AND NEEDS TO BE MOVED OWNER WILL BE CHARGED $9 PER FOOT PER MOVE.

IF YOU WILL NOT BE READY TO LAUNCH ON APRIL 15th OR WISH TO BE LAUNCHED LATER IN THE SEASON YOU MUST LET THE OFFICE KNOW AND BE HERE AND READY TO HAUL PRIOR TO OCTOBER 15. 

1 ½% PER MONTH FINANCE CHARGE ON ACCOUNTS 30 DAYS OR MORE OVERDUE AS WELL AS ACCOUNTS ON A PAYMENT PLAN. 

DOCKAGE AND STORAGE RATES ARE APPLIED TO THE OVERALL LENGTH OF THE BOAT INCLUDING APPURTENANCES ATTACHED THERETO WITH A MINIMUM LENGTH OF 25’.

WINTER STORAGE: PAYMENT IN FULL REQUIRED UPON SIGNING CONTRACT. SUMMER DOCKAGE: 50% DEPOSIT UPON SIGNING CONTRACT, BALANCE BY MARCH 1ST. DEPOSITS ARE NON-REFUNDABLE. MARINA RESERVES THE RIGHT TO CANCEL RESERVATIONS NOT PAID IN FULL BY APRIL 15TH (SUMMER) AND OCT 31 (WINTER).

NOTE: WINTER STORAGE CONTRACT EXPIRES APRIL 15, SUMMER DOCKAGE CONTRACT EXPIRES OCT 15th.

ALL VESSELS MUST MOVE UNDER THEIR OWN POWER. NO DERELICT BOATS WILL BE ACCEPTED FOR DOCKAGE OR STORAGE.

THIS IS A ONE SEASON APPLICATION/CONTRACT. HOWEVER, IN THE PRESENCE OF PAYMENT FOR THE FOLLOWING SEASON, THE APPLICATION/CONTRACT WILL AUTOMATICALLY RENEW FOR THE NEW SEASON AND KEEP RENEWING UNTIL THE BOAT IS REMOVED FROM THE MARINA PREMISES.

A. LICENSE FOR STORAGE: The owner and any persons making or signing this agreement on behalf of the owner hereby Acknowledge that this contract is for the LICENSE of dockage and/or storage space of the vessel and its equipment. This contract does not constitute a bailment of the owner’s property by the Marina at Admiral’s Hill (hereafter called “Marina”). Except for certain restrictions on the right of access to the owner’s vessel and such other restrictions contained in the “Terms and Conditions” section of this contract and in the “Rules and Regulations” of the Marina, the vessel owner is free to access his vessel and to remove the vessel from Marina premises by reasonable and necessary means, subject to the rights of Marina as contained herein, upon 48 hours’ notice to Marina. The owner agrees that the restrictions on access, the written “Terms and Conditions” and the “Rules and Regulations” constitute reasonably necessary conditions for the safety and protection of the owner’s property and property of other vessel owners.

B. NON-CONFORMANCE:  Owner hereby agrees that non-conformance to any of the provisions of this contract or the incorporated “Rules and Regulations” constitutes a breach of this contract with Marina for the storage/dockage of subject vessel. Owner hereby covenants and agrees that, upon written notification by the marina or its authorized representative, this agreement shall be terminated, and owner will remove subject vessel as soon as practicable, but in no event more than ten (10) calendar days from the date of receipt of said notice. Owner further agrees and covenants that he will be responsible for all costs and expenses which are reasonably incurred by Marina in enforcing its rights under this agreement in the event of non-conformance, breach, failure to comply with a notice to remove the vessel or collection of outstanding account. Such additional costs and expenses of collection shall include, but not be limited to, court costs, attachment, arrest of vessel, civil process fees and reasonable attorney’s fees’ and shall become an indebtedness under this contract; and shall be collectable as part of this agreement.

C. ASSUMPTION OF RISK; RELEASE OF LIABILITY ARISING FROM THE MARINA’S NEGLIGENT ACTS AND OMISSIONS; COVENANT NOT SUE; INDEMNIFICATION; CONSULTATION WITH COUNSEL:

D. PREMISES: Boat owner agrees and acknowledges that he has examined the premises and location where his boat is to be stored, familiarized himself with existing fire prevention apparatus and the proximity of fire hydrants and other such firefighting devices. Boat owner acknowledges and agrees that he assumes the risk of the location and existence of fire prevention, fire prevention apparatus and fire hydrants and acknowledges and agrees that any loss to his property due to the location of such firefighting hydrants and apparatus are at his sole risk and the Marina shall not be liable to owner for any loss by fire of his boat or equipment by virtue of the location of the firefighting apparatus and fire hydrants.

E. INSURANCE: Owner acknowledges that he is aware of the requirement to ensure the vessel as set forth in the “Terms and Conditions” and that a certificate of insurance must accompany this application and be received by Marina before vessel is accepted for storage/dockage. Owner hereby certifies and warrants to Marina that the vessel is insured to at least the required limits set in said “Terms and Conditions.”

F. INCORPORATION: The contract “Terms and Conditions” and the Marina “Rules are hereby incorporated by reference, as if full set forth, as a part of this contract. By signing hereunder, vessel owner acknowledges that he has read, understands, and agrees to abide by “Term and Conditions” and “Rules and Regulations” of the Marina.

G. DEFINITIONS: Marina means Marina, its contractors, employees, agents, successors, and assigns. Liability means any liability for any loss, damage or expense or injury or damage to persons or property (including, without limitation, Owner’s vessel) arising from the Marina’s negligent acts or omissions. Owner means owner, on behalf of himself, his heirs, executors, representatives, employees, agents, family, guests, subtenants, and assigns. Owner, by authorizing the agent of owner to sign this agreement hall be bound to the terms of this contract.  It is incumbent on Owner’s agent to inform owner of the terms and conditions of this contract. 

This application shall only become a contract when signed by the vessel owner and when accepted and signed by an authorized agent of Admiral’s Hill Marina.

 

ALL BILLS (INCLUDING SERVICES PERFORMED BY ADMIRAL’S HILL MARINA) MUST BE PAID BEFORE BOAT IS LAUNCHED.

It is agreed by the parties hereto that all vessels handled, stored, or repaired by Marina and subject to the following terms and conditions:

1.        NOTICE OF ABANDONED VESSELS Owner acknowledges that the abandonment of vessels is a large expense to the marina and the revenue generated from any one vessel is disproportionately small in comparison to the cost of the process and removal of the vessel.  It is understood that the marina’s acceptance of this agreement is material to the owner’s agreement to this section.   

Unless otherwise agreed upon in writing any vessel left at the marina, whether on land or in water, for a period greater than 90 days after the expiration of this contract and after 30 days written notice will be considered abandoned.  Owner shall continually be bound by and shall be liable for costs and expenses under the terms of this contract while the vessel remains on marina property. 

2.        RIGHTS OF SALE OR DISPOSAL OF VESSEL owner agrees that upon a vessel’s abandonment as defined in this section, owner hereby grants marina full statutory rights of disposal and waives any claim of ownership or restitution or, at the sole discretion of the marina, and via this agreement transfers full statutory ownership of the vessel to the marina.  Marina shall notify owner within 30 of the vessel’s disposal or transfer of ownership and owner shall then have 30 days after that date of notice to initiate a claim against the marina for lack of notice in court as per the conditions in this contract. After this 30-day period owner agrees to have waived any claims against the marina, its agents, or any purchaser of the vessel.  Should marina dispose of the vessel the owner shall be liable to the marina for its cost of disposal of $150 per foot whichever is greater.  The marina maintains all other rights of remedy contained within this contract. 

3.        INCORPORATION:  The “Agreement”, “Contract Terms and Conditions”, and the Marina “Rules are hereby incorporated by reference, as if full set forth, as a part of this contract. By signing hereunder or clicking “I agree”, vessel owner acknowledges that he has read, understands, and agrees to abide by “Term and Conditions” and “Rules and Regulations” of the Marina.

4.        LIABILITY IMPOSED FOR ALL TIME VESSEL ON MARINA PROPERTY The parties agree that any liability imposed to the owner under the terms of this contract shall remain in effect for any period that vessel remains on marina property. 

5.        ADDITIONAL FEES IF NOT READY FOR LAUNCH OR NOT REMOVED WITHIN 24 HOURS.  Additional charges shall be due and paid at current rates for any extension of the initial period of this contract. No additional charges shall be due and payable if the vessel covered by this contract is removed from the Marina within two days of the contract termination date.  OWNER AGREES TO PAY THE MARINA AT THE PREVAILING TRANSIENT DOCKAGE RATES IN EFFECT FOR ANY VESSEL REMAINING FOR A PERIOD OF MORE THAN 24 HOURS AFTER LAUNCHING UNLESS OWNER HAS PREVIOUSLY ENTERED INTO A DOCKAGE CONTRACT WITH THE MARINA.

6.        WORK PERFORMED ON VESSEL  It is hereby stipulated and agreed that the owner may directly or indirectly supply his own work, labor, parts components, and material in respect to maintenance, repairs and services for the vessel while it is stored at the Marina’s facilities, provided, however, that the owner shall first, in all such instances, notify Marina IN WRITING outlining, in numbered sequence, the work to be performed and the dates of such work, any work indirectly performed by the owner (contractor labor) shall be allowed ONLY when the above conditions are met and additionally all subcontractors shall first supply the marina with a certificate of insurance against claims arising from workmen’s compensation, longshoreman’s and harbor worker’s compensation, general public liability and other risks usually covered by the insurance policies and in the policy limits shall be $1,000,000 or limits normally carried by Marina in respect to its own facilities, operations, and employees. Marina must approve the scope of work. Any work performed by an outside contractor shall be subject to a 10% fee paid to the marina for use of its facilities, including but not limited to power, water, and costs related to compliance.  Said insurance shall provide proof of coverage in respect to each of the outside workmen, independent contractors, employees, etc. of the owner (in in respect to owner himself if he shall do his own work), who are to work on the vessel in each case as each of such workmen, independent contractors, employees, etc. of owner (or owner himself) arrived for work at the premises of Marina, he or they shall report to the offices of Marina and present a certificate in acceptable form from the insurance carrier that they are then covered by the full amount of insurance required hereunder by a property licensed and qualified company. Unless such certificate of insurance is presented, Marina shall have the right to deny them access to its premises and to deny them right to do any work or to provide any service to said vessel there. Failure to strictly adhere to the provisions of this condition as well as performing work not identified to the marina in the form outlined above shall be deemed a breach of this contract, making owner’s vessel subject to a notice to remove without reimbursement for any prorated remaining period of the contract for storage/dockage and making owner liable for any legal costs and fees associated with the enforcement of this provision. 

7.        DISPOSAL OF DEBRIS AND HAZARDOUS WASTE The vessel will not be launched until the winter storage area is cleaned by owner and clear of all debris. Should owner refuse or delay in clearing the debris and moving of the vessel is required to facilitate other launches, Marina reserves the right to clean area. Owner will be charged double the standard labor rate for these services. In addition, owner may be charged a fee for the cost of Marina’s disposal of shrink wrap or other coverings.  Owner shall be responsible for providing proof of lawful disposal of any hazardous waste resulting from work performed on the vessel.  If marina is forced to dispose of any waste, hazardous or otherwise, marina shall charge any owner that has not provided proof of disposal of like waste. 

8.        INDEMNIFICATION Owner shall indemnify marina for any costs, including but not limited to costs relating to clean up or fines resulting from actions by the owner’ or its representatives whether relating to a violation of this contract or otherwise.   

9.        MARINA LIEN ON VESSEL Owner agrees to pay storage/dockage charges as set forth on the face of this contract and It is expressly agreed that all charges, costs and expenses of hauling and carrying said vessel from the water to its place of storage and back to the water, all repairs to said vessel at any time made, storage charges thereon, sale of materials thereto, and all other costs and expenses incident thereto shall create a Security interest in said vessel, her tackle, apparel, and furniture withing the application of Massachusetts Uniform Commercial Code-Mass G.L. chapter 106, Section 9-102, for the benefit of Marina, it’s successors and assigns and a maritime lien bother under the Federal Law and under Massachusetts General Laws, Chapter 255. If Owner fails to pay the full amount owed in Marina withing 30 days of the date said amount is due, Marina shall have the right to resort to all remedies granted under the Massachusetts Uniform Commercial Code-Mass G.L. Chapter 108, Section 9 (including, without limitation Section 9-504) and all remedies permitted under both Federal Law and under Massachusetts Law, including but not limited to the right of public or private sale.  In advance of acceptance of the vessel for storage/dockage. Owner agrees that the vessel may not be removed from the Marina until all accrued storage, dockage, repair, and all other charges are paid in full.

10.     INSURANCE Owner agrees the vessel will not be left for storage in any condition which may be deemed to be a fire or other hazard to the other persons or property on Marina premises. Owner further agrees to carry appropriate insurance coverage during the period of this contract. Appropriate insurance coverage shall include the following:

A.       Hull, in an amount not less than 80% of the actual cash value of the vessel.

B.       Bodily injury, in an amount not less than Five Hundred Thousand Dollars ($500,000.00)

C.        Personal Liability, in an amount not less than Five Hundred Thousand Dollars ($500,000.00)

D.       Property Liability, in an amount not less than Five Hundred Thousand Dollars ($500,000.00)

Owner shall provide a copy of the current insurance certificate or declaration page to Marina prior to the delivery of his vessel for storage and shall, within 48 hours, provide Marina a copy of the certificate or declaration page to any policy which changes, is modified or is cancelled. Not providing insurance is considered a breach of contract and subjuct to immediate contract cancelation and removal of boat from marina.

11.     VESSEL IN COMPLIANCE Owner hereby warrants to Marina that the vessel which is the subject of this contract complies with all applicable State and Federal laws including but not limited to those relating to safety and registration. Owner agrees to indemnify and hold harmless marina from all claims, violation or penalties assessed because of the condition of said vessel which violates any applicable State or Federal Law or regulation.

12.     PERSONAL LIABILITY IMPOSED The person signing this contract agrees to be personally responsible for fulfilling the terms set forth within this contract and the “Rules and Regulations” which are incorporated herein. This personal responsibility representation shall apply whether the signer is the Owner or his representation or whether the vessel is owned by an individual, partnership or corporation.

13.     AUTHORIZATION FOR MARINA TO TAKE ACTION Owner hereby authorizes Marina to take any and all action necessary or desirable to ensure, to the maximum extent possible, the safety of Owner’s vessel and all other vessels and property on Marina premises. This provision shall not be construed as a requirement of any type of nature for specific actions and any kind on the part of the Marina and Marina hereby does not assume any liability for taking or failing to take any specific actions relating to the safety of owner’s vessel. All charges relating to any actions taken by Marina to safeguard and protect Owner’s vessel and provide or it’s safety shall be borne by Owner and promptly paid upon presentation of Marina’s statement.

14.     MARINA RULES AND REGULATIONS The Marina “Rules and Regulations” are hereby incorporated by reference as if fully set forth herein.

15.     JURISDICTION The parties hereby agree that this contract is made in the Commonwealth of Massachusetts, to be fully performed in the Commonwealth of Massachusetts and its provisions and enforcement shall be governed by Massachusetts law and any actions shall be brought in the district court in Chelsea Massachusetts or if outside the jurisdictional limits in the Suffolk County Superior Court.  Both sides waive their right to a jury trial. 

16.     CONTRACT CHANGES It is agreed that the contract can be altered, modified, or amended only by an instrument in writing signed by an authorized agent or other appropriate officer of Marina and Owner.

17.     CHANGE OF EMAIL OR ADDRESS owner shall notify the office in writing within 24 hours of a change of email or mailing address.  Absent any written notification of a change the email and mailing address on file will be considered valid for the mailing of all notices.    

18.     NOTICES All notices to the marina under this contract shall be sent to info@mybostonmarina.com AND rwaters@amclegal.com and shall be considered delivered upon confirmation of receipt from both.  Absent a confirmation of receipt, notices shall be sent certified mail to the address above as well as Waters & Associates, 174 Plaistow Road, Plaistow NH 03865 and shall be considered received upon proof of mailing.   All notices to the owner shall be sent to the email on file for the owner and shall be considered delivered upon confirmation of receipt.  Absent a confirmation of receipt from email the marina shall send notices certified mail and shall be considered delivered upon mailing. 

19.     FAILURE OF MARINA ENFORCEMENT Failure of the marina to enforce any provision of this contract does not constitute marinas acceptance and shall not be a waiver of its rights to later enforce that provision or any provision in the contract. 

20.     ELECTRONIC CONTRACT You acknowledge that this agreement is a contract between you and Marina, even though it is electronic and is not physically signed by you and Marina, and it governs your use of the Service.

21.     DEFINITIONS Marina means Marina, its contractors, employees, agents, successors, and assigns. Liability means any liability for any loss, damage or expense or injury or damage to persons or property (including, without limitation, Owner’s vessel) arising from the Marina’s negligent acts or omissions. Owner means owner, on behalf of himself, his heirs, executors, representatives, employees, agents, family, guests, subtenants, and assigns. Owner, by authorizing the agent of owner to sign this agreement hall be bound to the terms of this contract.  It is incumbent on Owner’s agent to inform owner of the terms and conditions of this contract. 

ALL BILLS (INCLUDING SERVICES PERFORMED BY ADMIRAL’S HILL MARINA) MUST BE PAID BEFORE BOAT IS LAUNCHED.