CONSTITUTION MARINA SEASONAL DOCKAGE AGREEMENT

YEAR ROUND NEW 2024-2025

All terms and conditions of the Docking License Agreement with revisions on file with Bosport Docking, LLC remain in full force and effect.

ALL FORM FIELDS WITH * REQUIRED BEFORE SUBMITTING

1. WINTER SEASON: (NOV 1, 2024 - APRIL 15, 2025)       

 

2. SUMMER SEASON: (MAY 1, 2025 - OCTOBER 15, 2025)

DOCKAGE FEES ARE BASED ON LENGTH OVERALL OF BOAT OR DESIGNATED LENGTH OF SLIP WHICHEVER IS GREATER.

Early arrival or extended stay after October 15th, 2025 will be charged guest dockage and electric rates to credit card.

3. DISCOUNTS – For Payment in Full Only

Payment plans for summer dockage agreements (including summer electric) consist of up to 10 equal monthly payments beginning at signing and ending June 1, 2025. Second payment is due October 1, 2024.

PAYMENT PLAN MUST BE SECURED WITH A CREDIT CARD.

4. SUMMER UTILITIES

5. LIVEABOARD FEE: $1,500.00/winter season

6. CONSTITUTION WHARF PARKING PASS

DOCKAGE AGREEMENT TOTALS

7. MISCELLANEOUS SERVICES: (Paid in full per schedule below – not included in payment plan)

• Click on the link below to open a new window to securely enter your credit card information into our system.
• Your credit card will not be charged until the License Agreement is fully signed by both parties.
• This agreement will not be valid until it is signed by both parties and your credit card information is on file.

 

SECURE CREDIT CARD INFORMATION

Cancellation Policy (Winter):

1. Cancel by November 1, 2024 @ 5:00 pm... Full Refund less $150.00 processing fee
2. Cancel After November 1, 2024... No Refunds
3. All cancellations must be in writing sent VIA email to sebastian@bosport.com

Cancellation Policy (Summer):

1. Cancel by February 15, 2025 @ 5:00 pm... Refund less $150.00 processing fee. Refund based on prorated length of stay during winter months
2. Cancel After February 15, 2025... No Refunds
3. All cancellations must be in writing sent VIA email to sebastian@bosport.com

A $45 late fee will be added to any invoice that is more than 14 days overdue.

 

 The Dockage Agreement Requires All Boaters To Notify The Dock Master If Their Boat Is Out Of The Marina Overnight. Dockage Agreement does not guarantee a parking space or any particular slip.

Parking is permitted only while using your boat

*AII dockage agreements must be secured with credit card & accompanied by a valid insurance certificate with $1 Million Liability and listing Bosport Docking, LLC dba Constitution Marina and Massachusetts Port Authority as an “ADDITIONAL INSURED”.

*All prices are subject to change. Please register your boat with the Boston Harbormaster.

 

We will review this seasonal dockage agreement and collect the initial deposit.

However, if changes need to be made, we will contact you.

 

The Following Docking License Agreement is required to secure a slip.

Please continue and complete the Docking License Agreement and signature page

DOCKING LICENSE AGREEMENT

Bosport Docking, LLC

D.B.A

Constitution Marina

28 Constitution Road Boston, Massachusetts 02129

(617) 241-9640

www.constitutionmarina.com

Constitution Marina located in Historic Boston, Massachusetts.  The Marina’s hallmark is the tradition of hospitality while improving the facilities and expanding the already extensive services available to its customers.  This license is designed to insure the use and enjoyment of the Marina by its customers and to allow the Marina, its management and staff the flexibility to address any issues that may arise.

BOSPORT DOCKING, LLC d/b/a CONSTITUTION MARINA, 28 Constitution Road, Boston, Massachusetts 02129 (hereinafter “Bosport”) and

Section 1.  The fundamental provisions including Bosport’s right to terminate the License.

Bosport hereby grants to the Licensee a limited license to dock the Vessel for the License Period and any Extended License, which may be granted by Bosport in the future period at a slip or other suitable alongside dockage at Constitution Marina.  Upon payment of any additional fees as Bosport may require, the Licensee shall also have the limited right to the use of, and access to, the areas of the Marina intended for the general use of its clients and which must be used in common with the other clients; these areas include the docks, walkways, parking area, pool and deck area, restrooms, laundry facilities and showers.  Upon payment of any extra fees, which Bosport may require, Bosport may provide access to electricity, fresh water near the slip, pump-out services, cable or internet.

This agreement grants only a license to the Licensee, and specifically does not grant a lease or another interest in land or real property.  The licensee hereby represents and acknowledges that he or she has entered into this license agreement for the purpose of securing dockage of the vessel; in this regard the license explicitly acknowledges that any slip or alongside dock at Constitution Marina is not unique, and has no unique properties or characteristics, and is interchangeable with any other slip or alongside dock at Constitution Marina or at any other marina, dock, or wharf within inner Boston Harbor of similar length and width.  As a license, this agreement is subject to cancellation by Bosport at any time and for any reason (for cause or otherwise).  The License may not be transferred or assigned by the Licensee and money damages shall be the sole remedy for any wrongful termination or cancellation of the license by Bosport (i.e., this means that there is no right to an injunction to remain at Constitution Marina or in any slip) and the Licensee agrees, even upon any wrongful termination, to remove the Vessel from the Marina immediately.  At any time, for any reason, and without notice to the Licensee, Bosport shall have the right to move the Vessel and/or reassign the slip at which the Vessel shall be docked, relocate the Vessel out of the Marina, and board any Vessel.

The failure to provide access to any areas or services shall not constitute a breach of the License by Bosport.  The Licensee may not terminate this License prior to the expiration of the License Period or any Extended License Period.

Whenever Bosport incurs expenses resulting from expiration, cancellation or termination of this License, or the enforcement of any of the provisions of this License, the Licensee shall pay to Bosport on demand any and all such expenses of enforcement, including without limitation filing fees, collection fees, attorney’s fees, together with a 15% administrative surcharge thereon and any re-licensing costs or expenses (if not at the expiration of the Licensing Period or the expiration of any Extended Licensing Period).

No acceptance by Bosport of a sum less than all amounts then due from the Licensee shall be deemed to be other than on account of the longest outstanding charge, nor shall any endorsement or statement on any check or any letter accompanying any check or payment, nor any other partial performance by the Licensee be deemed an accord and satisfaction.

Section 2.  The license period and terms of renewal.

The License shall be granted for the duration of One Season, and each succeeding season or year must be agreed upon with a new license agreement.  Each succeeding season shall constitute one (1) Extended License Period.  Dockage fees for each Extended License Period shall be calculated at Bosport’s then standard dockage rate.  Each calendar year shall be divided into two seasons: the Summer Season shall run from May 1st until October 15th, inclusive: the Winter Season shall run from November 1st until April 15th inclusive.  Nothing in this license agreement and nothing in any notice of charges for the original season or any Extended License Period, nor the acceptance by Bosport of any advance payments, shall alter or diminish Bosport’s right to revoke the license at any time or to choose not to renew the license at the termination of any season.

Section 3. Dockage Fees.

The Licensee shall pay Dockage Fees to Bosport for docking the Vessel during the License Period and any Extended License Period.  Dockage Fees shall be paid in full on or before execution of the License and on or before May 1 and November 1 of each year with respect to the following Extended License Period; unless, Bosport has agreed in writing to accept payment of the dockage fees in monthly installments, in such case each installment must be received on or before the first day of the month in which it is due, said payments to be secured by valid credit card.  A separate written agreement is necessary for each Extended License Period in which the Licensee seeks to pay in monthly installments and in the absence of such an agreement all Dockage Fees, Utility Fees, and Common Area Fees must be paid by the Licensee on or before the first day of the Extended License Period.  The Licensee shall also pay to Bosport on demand all charges for the Licensee’s use of Marina facilities, utilities at rates specified by Bosport from time to time, and any charges related to work performed by contractors at the Marina.  The Licensee agrees to pay Bosport interest at the rate of 18% per annum of unpaid Dockage Fees and other amounts past due for more than ten (10) days.

Section 4.  Slip assignment and docking.

Bosport will assign the slip or dockage area.  The parties acknowledge that the Licensee has no right to a specific slip and that the slip is subject to change, relocation, or reassignment at any time at the option and direction of Bosport and without notice to the Licensee and the Licensee shall berth the vessel only at the slip or location as Bosport directs.  If this covenant is breached, the Licensee shall pay to Bosport on demand: (i) an administrative charge specified by Bosport from time to time for each day or portion thereof that the Licensee or Vessel is in violation of this covenant; plus (ii) all towing expenses incurred by or on behalf of Bosport in moving the Vessel.  Any slip or docking location is subject to reassignment or change at any time by Bosport without prior notice to the Licensee.  Additionally, Bosport shall have the right to move the boat at any time and to any place, within or outside the Marina, without prior notice to the Licensee.  Bosport reserves the right to rent a slip whenever it is vacant and all revenues received from such rental will inhere to Bosport.  Lessee is required to ensure that the marina has their planned departure and arrival dates.  This license is not transferable or assignable, subleasing or transferring boats within slips is not permitted.  Licensee may not rent or sublet their vessel while it is located at the marina, to any party for any reason without prior written consent from Bosport.

Section 5.  The Licensee bears all risk of loss or damage.

The Licensee assumes all risk of damage, theft or loss to the vessel, its equipment or any other property of the licensee and further assumes all risk of damage or loss caused by the vessel, its equipment or any other property of the licensee, to any other vessel or vessels, equipment, or property of Bosport, its clients or any other person or entity, including but not limited to the docks, mooring systems, walkways, electric distribution systems, fresh water spigots, pump-out equipment and other facilities.  Bosport shall not be required to provide or maintain any security or fire alarm services or systems at the Marina and shall be held harmless for any failure to provide said services or systems.

Licensee acknowledges that Bosport has a lease with Tudor Wharf Hotel Tenant, LLC for use of the so-called “T-dock” and will be bound by and comply with the provisions of this Lease while Licensee’s boat is docked on “T-dock”.  Licensee agrees to indemnify Tudor Wharf Hotel Tenant, LLC & Bosport for the charges, damages, costs and risks relating to Hazardous Materials.  Licensee shall be bound by all rules and regulations from time to time promulgated regarding the use of “T-dock” pursuant to Bosport’s lease with Tudor Wharf Hotel Tenant, LLC and this License agreement.

Licensee shall use good faith efforts in order to comply with all laws and conditions listed in this agreement and the Tudor Wharf Hotel Tenant, LLC lease regarding the disposal, release or threat of release of Hazardous Materials on or about the property and marine environment.

Any handling, treatment, transportation, storage, disposal or use of hazardous Materials by Licensee or its agents, servants, employees, contractors, guests, customers or invitees in or about the Premises and Licensee’s use of the Premises and the water and surrounding marine environment and/or Bosport’s & Tudor Wharf Hotel Tenant, LLC’s Project shall comply with all applicable Environmental Laws.

Licensee shall indemnify, defend upon demand with counsel reasonably acceptable to Bosport, and hold Bosport, Massachusetts Port Authority & Tudor Wharf Hotel Tenant, LLC, harmless from and against, any liabilities, losses claims, damages, interest, penalties, fines, attorneys’ fees, experts’ fees, court costs, remediation costs, and other expenses which result from the use, storage, handling, treatment, transportation, release, threat of release or disposal of Hazardous Materials in or about the property and in the surrounding water and marine environment and/or on Tudor Wharf Hotel Tenant, LLC’s project .

Section 6.  The Licensee shall maintain the required casualty insurance.

The Licensee continuously shall maintain with a reputable insurance company qualified to do business in Massachusetts adequate liability insurance and shall also continuously insure the Vessel under an “all risks” insurance policy - the policy or policies shall include wreck removal coverage.  The vessel shall at all times be insured under the “all-risks’ policy in an amount not less than its declared value or in such greater amount as is required to prevent the Licensee from becoming a co-insurer.  The bodily injury and property damage limits not less than $1,000,000 (or such greater amount as Bosport may from time to time require) per occurrence and in the aggregate.  At any time the Vessel is at the Marina, the licensee warrants that said insurance is in full effect.  The licensee shall provide a copy of the valid insurance binders with “Bosport Docking, LLC d/b/a Constitution Marina” listed as an “ADDITIONAL INSURED”, within ten (10) days of executing this agreement, shall deliver to Bosport prior to each Extended License Period a certificate or binder evidencing such terms, and shall provide Bosport at least thirty (30) days prior written notice of any cancellation thereof.  In the event the licensee has an umbrella policy to meet the marina's liability requirements then that umbrella policy will extend to the marina as an "ADDITIONAL INSURED" in keeping with the standard marina requirements to at all times list the marina as an "ADDITIONAL INSURED" while the boat is at the marina.

Section 7.  Waiver of Bosport Liability.

Bosport, Tudor Wharf Hotel Tenant, LLC & Massachusetts Port Authority, its officers, agents, servants, employees or contractors shall not be liable for any claim, loss or cost arising in whole or in part out of any injury, loss or damage to any person or property while in or at the Marina or in transit thereto and therefrom, or out of any condition within or around the Marina, unless due solely to gross negligence or willful misconduct on the part of Bosport, nor for any claim, loss or cost arising in whole or in part out of any act or omission of another vessel or owner or persons acting thereunder.  The parties acknowledge that Bosport, Tudor Wharf Hotel Tenant, LLC & Massachusetts Port Authority are not liable for any loss, damage, or theft of the vessel, its equipment or any other property of the licensee.

Section 8.  Indemnification and Insurance.

Licensee shall hold harmless and indemnify Bosport, Tudor Wharf Hotel Tenant, LLC & Massachusetts Port Authority, its officers, agents and employees from and against any claim, loss or cost including without limitation, attorney’s fees, arising in whole or in part, out of any injury, loss or damage to any person or property anywhere occasioned by any act or omission of the Licensee, any act or omission of any person operating, on-board, or visiting the Vessel, or any act or omission related to the Vessel. 

In addition to the foregoing, Bosport may make all repairs and replacements to the Marina, docks, walkways and slips necessitated by any of the foregoing acts or omissions and the Licensee shall pay to Bosport on demand all costs and expenses thereof.

Section 9.  The Vessel shall be maintained in seaworthy and safe condition.

At all times during the term of the License, the Vessel: (i) shall be maintained in a commissioned status, in compliance with all applicable tax laws; (ii) shall be maintained in a safe, seaworthy, neat, well-painted and polished condition; (iii) shall not present a hazard to other boats or to the Marina; (iv) shall be used in a safe and seamanlike manner, without hazard to other boats, to persons, or to the Marina, and in accordance with all applicable governmental requirements; (v) shall not be or threaten to become a source of environmental pollution which violates applicable laws (including Chapter 21E of the Massachusetts General Laws, which concerns the release or threat of release of oil and other hazardous materials); and (vi) shall not contain any dangerous equipment or material unless the materials equipment, and use thereof have been approved by the U.S. Coast Guard and all other appropriate governmental authorities.  The boat owner represents and warrants that the boat will comply in all respects with Federal Water Pollution Acts (33 USC Section 1321) prohibiting the discharge of oil or oily water and (33 USC Section 1322) untreated sewage, as well as all other applicable Federal And State laws and regulations.   If any of these covenants are breached, Bosport shall have the right to take any action it deems advisable to protect persons, vessels, and other property, including without limitation, the right to temporarily remove the Vessel (or, if sunken, to raise and remove the Vessel) from the Marina at the Licensee’s expense, and the right to board or assume temporary command of the Vessel.  Fueling of vessels is not permitted at the marina at any time.  At all times, seasonal or year round Live-a-board Licensees shall have a fully functional head with holding tank and shower on their vessel.

Section 10.  Limitations on maintenance and contractors permitted within the Marina.

Any work performed on any vessel while docked at Constitution Marina shall be performed at the sole discretion of Bosport.  Only the routine maintenance of the Boat is permitted at the Marina.  In performing routine maintenance, the Licensee shall not disturb the Marina or other Licensees or their guests or other Vessels in the Marina.  No outside laborers or contractors will be permitted to enter the Marina or to work on the Vessel without prior notification by the Licensee to Bosport as to the identity of contractor or persons and the nature of the work to be performed, and without the express permission or consent of Bosport.

Any and all laborers or contractors entering the Marina to perform work of any nature on the Vessel shall be bonded and shall first furnish certificates of insurance with Bosport listed as an “additional insured” indicating that all workers are covered by statutory workers compensation insurance, including U.S.L.H. if applicable, and that their operations are protected by a general liability policy with bodily injury and property damage limits not less than $1,000,000.00 (or such greater amount as Bosport may from time to time require) per occurrence and in the aggregate.  Owner shall be responsible for any mechanic’s or materialman’s liens filed by outside contractors, which liens shall be discharged of record within five days of filing.  If Bosport determines that any such work disrupts or interferes with other activity at the Marina, Bosport shall have the right to order such work to cease and to deny access to the Vessel to persons performing such work.  Licensee shall NOT allow any contractor to put signs on their work, Licensee’s boat or the marina property.

Section 11.  The Licensee shall surrender and vacate the Marina forthwith upon termination of the License.

Upon any expiration or termination of this License, the Licensee shall forthwith remove the Vessel from the Marina in a careful, seamanlike manner, leaving the slip, walkways, and all Marina areas, facilities and utilities in good order and condition.  The Licensee shall not make any alteration to the slip, docks, walkways, or any other property of the Marina.

Section 12.  Holdovers.

If the Licensee fails to immediately remove the vessel from the Marina upon any expiration or termination of this License, the Licensee shall pay to Bosport on demand a holdover charge at the daily transient rate specified by Bosport from time to time, together with all other amounts due to Bosport.  Furthermore, if the Licensee fails to immediately remove the Vessel from the Marina upon the expiration or termination of the License, Bosport shall have the right to remove the Vessel from the Marina, forcibly if necessary, and to store the Vessel at the Licensee’s expense.  If the Licensee fails to remove the Vessel from storage within 30 days, Bosport shall have the right to deem the Vessel abandoned and to dispose of it by any customary methods without accounting to the Licensee or the Vessel’s owner.

Section 13.  Security Interest.

The Licensee hereby grants Bosport a security interest in the Vessel as security for the non-payment of dockage fees, and other amounts payable by the Licensee to Bosport, or any contractor associated with Bosport.  Upon request by Bosport, the Licensee shall execute, acknowledge or deliver such financing statements and other instruments as are appropriate to perfect Bosport’s security interest.  If the Licensee fails to pay any amount owed to Bosport when due, Bosport shall have all rights and remedies of a secured party under the Massachusetts Uniform Commercial Code including without limitation, the right to take possession of the Vessel and, after appropriate notice to Owner, the right to dispose of the same at public or private sale.  The foregoing remedies shall not exclude the enforcement of perfection of, or execution on any common law, statutory or admiralty liens.  The Licensee hereby agrees that a maritime lien for the payment of Dockage Fees and other amounts thereunder shall be created on the Vessel.

Section 14.  Notices.

Except as otherwise provided in this Section, notices shall be given in writing, shall be delivered to the Licensee’s Address or the Marina as set forth in Section 1, as the case may be (or such other addresses if acknowledged in writing by Bosport), or if to the Licensee, to the Vessel, and shall be deemed duly given and received: (i) if so addressed and sent by certified or registered mail, postage prepaid-then on the third business day after posting; (ii) if so addressed and delivered by hand, on the day of delivery; and (iii) if posted on the Vessel, on the day of such posting with respect to notices to the Licensee; (iv) if notice is emailed to the “email” provided by Licensee and the Licensee responds with an email or other written communication.  Actual notice received by the Licensee shall be sufficient for all purposes hereunder, even if not otherwise given in accordance with this Section.  The Licensee shall notify Bosport of any change in Licensee’s address and/or telephone numbers.

Section 15. Interruption.

The Licensee acknowledges that the Licensee may be precluded from use and enjoyment of a slip, the Marina, the Vessel, or several or all of the above for reasons beyond the control of Bosport including without limitation, weather conditions, Acts of God, war, civil commotion, nearby construction projects, fire, water, salt, ice, explosion, collision, petroleum spills or other casualty, theft, arson, vandalism and other criminal acts, strikes or other labor disturbances, shortages of labor or materials in the ordinary course of trade, Force Majeure, and governmental acts.  Any such preclusion and any related failure of Bosport to fulfill its obligations hereunder shall be excused and shall not constitute a breach of this License by Bosport.  If such preclusion results from an event which affects only the slip or the Marina, the Licensee shall be entitled to a proportional abatement of Dockage Fees.

Section 16.  Miscellaneous.

The Marina Guidelines are made a part of this agreement by reference.

All licensees requesting mail or package delivery at the marina are encouraged to secure post office boxes at the local government post office.  If licensee does not have a post office box Bosport, at its sole discretion, will accept packages and mail on site.  Licensee hereby grants Bosport to sign and accept any parcels and letters sent to the licensee through UPS, Federal Express, United Parcel Service or the like.  Licensee agrees that Bosport does not accept responsibility or liability for any lost, damaged, stolen, or unordered deliveries and agrees to hold Bosport harmless for the same.

When using the pool and deck areas Licensee agrees to abide by the posted rules and regulations.  All swimmers swim at their own risk.  Bosport does not have a lifeguard on duty and is not responsible for accidents or injuries. There are some restrictions as to the number of guests allowed at any one time.

The Licensee represents and warrants that The Licensee holds legal title to the Vessel or otherwise has legal possession and custody of the Vessel for the full period of the license, has full power to enter into this License, and that there are no restrictions upon the Licensee or the Vessel which limit the Licensee’s power to bind the Licensee and the Vessel to this License.  The Licensee agrees to immediately remove the Vessel from the Marina if he should for any reason no longer have the full authority listed in the prior sentence of this paragraph.

The parties to this license agreement irrevocably consent to the jurisdiction of the courts of the Commonwealth of Massachusetts and of any federal court located within the Commonwealth and agree to file any action, complaint, or request for legal or equitable relief arising as a result of any dealings between the parties hereto or the licensees use of Constitution Marina in the courts of the Commonwealth of Massachusetts or any federal court located with the Commonwealth.

In the event that DOR (Department of Revenue) or any authorized; City, State or Federal agency, requires access to customer records, they will be provided.  The Marina will make no representation at all as to the accuracy or completeness of the information shown on the records as provided by the customer, it is merely acting as a records conduit to satisfy the authorized request.

All waivers of any part of this agreement must be duly executed in writing.  Any such waiver shall apply only to any breach stated in such writing.  All rights and remedies provided hereunder to Bosport are cumulative and may be enforced separately or in any combination from time to time.  Any provision of this license, or its application to any circumstance, shall be found to be invalid or unenforceable, the remaining provisions hereof, or the application of such provision to all other circumstances, shall not be affected thereby.  This License and the marina guidelines, contain all of the agreements of the parties hereto and supersedes all prior writings and dealings.  No amendment to this License shall be effective unless such amendment is in writing and signed by the parties hereto.  The titles of the sections of this License are provided for convenience only and shall not be considered a part of this License.  This License shall benefit and bind Bosport, its successor and assigns, and shall be binding upon the Licensee and the Licensee’s heirs and successors.  Time is of the essence hereof.

Executed as a sealed Massachusetts instrument as of the Date of Execution.

1. Once submitted, we will review your completed Dockage Agreement and Docking License Agreement, and upon our approval, we will send the final copy to you to sign and re-submit to Bosport Docking, LLC.

2. If you have any questions or need assistance with this process, please call the office at 617-241-9640.