The signing of this application confirms the applicant has read and agrees to comply with the CYCSA terms and conditions herewith.
THE CRUISING YACHT CLUB OF SOUTH AUSTRALIA INC. ("CYCSA") in consideration of the payment in advance of the casual Membership and licence fee set out above grants the Occupier casual membership of CYCSA and a licence to berth the vessel described above ("the vessel") at the Allocated Berth between the Arrival Date and the Departure Date set out above subject to the Occupant and (if applicable) the joint Occupant ("the occupants") compliance with the CYCSA's by- laws and with the terms and conditions provided in this licence.
Cruising Yacht Club of South Australia PO Box 1020 North Haven SA 5018 Ph: 08 8248 4222
· THE LICENSOR who has a licence ("the Head Licence") from The Cruising Yacht Club of South Australia Inc ("the Club") to use and occupy the Berth subject to the payment of the outgoings and to observance of the covenants contained in the Head Licence Grants the Licensee a licence to berth the Vessel at the Berth for the Period at the quoted Fee and upon the following terms and conditions 1.The Licensee must at all times;- pay the Licensor the Rent in advance on the due dates without any deductions
1.2.be a financial Senior Member of the Club
1.3 use the Berth only for the storage of the Vessel and related equipment. The Vessel's length (including any bow sprits, pulpit rails, stern davits, swim platforms and/or other overhanging portions) as determined by the Licensor must not exceed the length for which the Berth was designed.
1.4 perform the covenants of the Head Licence (other than those relating to the purchase price and outgoings) which the Licensee ought to perform.
1.5 observe the Club's rules and regulations relating to the use of the Berth, the Marina and the surrounding area.
1.6 repair (including replacing with comparable materials) any damage to the Berth caused by the Licensees negligence.
1.7 keep the Berth thoroughly clean and the improvements forming part of the Berth in good repair and condition.
1.8 immediately notify the Licensor and the Club in writing of any damage to or dilapidation of the Berth which might be a danger or hazard.
1.9 keep the vessel in good order and condition and not allow it to be or become unsightly, dilapidated or dangerous.
1.10 insure and keep the Vessel insured under a protection and indemnity policy for the sum or sums determined by the Licensor from time to time. The Licensee will produce to the Licensor or the Club on request the policy or policies covering the Vessel and the last premium receipt. If the Licensee defaults, the Licensor may insure the Vessel for the next 12 months and the Licensee must pay the cost of such insurance to the Licensor on demand.
1.11 permit the Licensor and persons with a superior title to the Licensor to carry out their lawful rights and obligations in regard to the Berth.
1.12take all reasonable steps to minimise or eliminate noise caused by the effects of wind on spars, rigging, halyards and lines.
2. The Licensee must not
1.2 assign, mortgage or change this licence or grant sub licences
2.2 without the Licensor's and the Club's previous written consent
2.2.1 make or permit any alterations to be made to the Berth
2.2.2 use the Berth or the Vessel for residential purposes
2.3 do anything in the Berth or on the Marina which may cause environmental harm or erosion.
2.4 do or permit to be done anything which may vitiate or render void or voidable or increase the premium on any insurance in respect of the Berth or the Marina.
3.If the Head Licence is determined or revoked or the Berth becomes substantially unfit for the Licensee's use (except because of the Licensee's act or default);-
3.1 the payment of the Rent ceases, and
3.2 this licence immediately determines but the determination is without prejudice to any claim by either party against the other in respect of any breach of this licence.
4.1 The Licensor may;-
4.1.1by written notice require the Licensee to remove any unsightly, dilapidated or dangerous vessel from the Berth within 7 days.
4.1.2 if the Licensee fails to comply, remove the Vessel from the Berth and deposit it at a place the Licensor determines.
4.1.3 deposit the Vessel with a warehouseman he has selected, and
4.1.4 in an emergency move the Vessel to another Berth.
4.2 The Licensor is not liable for loss or damage to or warehousing expenses for the Vessel and the Licensee shall pay all costs, expenses, fees and charges incurred in such removal and/or deposit to the Licensor on demand. The Vessel is at the Licensee's risk at all times.
5.1 A vessel moored at the Berth must be owned
5.1.1 by the Licensee, or
5.1.2 by a company in which the Licensee has a controlling interest, or
5.1.3 exclusively by the Licensee and his spouse or partner jointly with the Licensee having at least a 50% interest, or
5.1.4 by the persons or companies to whom the Licensor and the Club have consented after receiving
5.1.4.1 an application on the Club's standard application form, and
5.1.4.2 such information as they require
5.2 Consent may be granted subject to such conditions as the Club and the Licensor specify
5.3 The Licensee must prove compliance with a condition of consent when required to do so by the Licensor
5.4 The Licensee may be required by written notice to remove the Vessel from the Berth if
5.4.1 any condition is not being complied with, or
5.4.2 the Licensee does not prove to the Licensor compliance with any of the matters set out in Clause 5 or
5.4.3 the Licensee does not give the Licensor or the Club any information reasonably required concerning the Vessel.
5.5 If the Licensee does not do so within 7 days of service of the notice, the Licensor may, at the Licensee's cost, remove the Vessel and deposit same wherever the Licensor determines and Clause 4 shall apply to any such removal.
6. The Licensee indemnifies and will keep the Licensor and anyone with superior title to the Licensor ("the Superior Title Holders") indemnified from and against all actions, claims, demands, losses, damages, costs and expenses for which the Licensor or the Superior Title Holder is or may become liable for any loss, damage or injury to person or property caused or contributed to by the Licensee or any person claiming through or under the Licensee.
7.1If the Period shown in the Schedule is "Monthly", then either party may determine this licence by not less than one month's written notice to the other party.
7.2.1 if the rent is in arrears and unpaid for 7 days after it has become payable, or
7.2.2 if the Licensee commits or allows to be committed a breach of any of the other covenants of this licence and does not remedy the breach within 7 days after being given notice to do so, or
7.2.3 if the Licensee is declared bankrupt or insolvent, or
7.2.4 if the Licensee assigns his property for the benefit of creditors, or
7.2.5 if the Licensee's interest under this licence is attached or taken in execution or under any legal process then the Licensor may determine this licence by written notice, but the determination will not prejudice any claim by either party against the other for any prior breach of any term or condition of this licence.
8.1 The Licensor has a lien on the Vessel for any moneys payable under this licence and to enforce the lien may remove and sell the Vessel by public auction or otherwise.
8.2 The Licensor must only enforce the lien after not less than 7 days' prior written notice to the Licensee of his intention to do so.
8.3The proceeds of sale of the vessel must be used;-
8.3.1 firstly to pay the monies owing under this licence
8.3.2 secondly to pay the costs and expenses of exercising the lien and of the sale
8.3.3 thirdly to pay any monies payable by the Licensee to the Club, and
8.3.4 fourthly to pay the balance (if any) to the Licensee The balance shall be forwarded by cheque to the Licensee at his address last known to the Licensor.
9.Until the Club consents to this licence, it has no force and effect. If the Club does not consent within 28 days from the date it is signed by the parties, this licence is void and all monies paid by the Licensee to the Licensor must be immediately refunded.
10.1 Either party may serve notice on the other by a pre paid letter posted to the last known place of residence or business of the other. Proof that the letter was properly addressed and posted shall be proof of service 48 hours after posting.
10.2 If any amount payable under this licence is a taxable supply as defined in the A New Tax System (Goods & Services Tax) Act 1999, the amount payable for that taxable supply shall increase by the rate of the Goods & Services Tax at the date such amount is payable.
10.3 The Licensor will pay the outgoings payable under the Head Licence and comply with its covenants unless they are to be complied with by the Licensee.
10.4 This licence is contractual only and does not create or vest in the Licensee any estate or interest in land, or any improvements thereon.
· In Consideration of the Licensor firstly agreeing to pay the Club Commission (payable under the Head Licence) and secondly executing this licence ("the licence") appointing the Club as the Licensor's agent to enforce compliance with the licence including;-
1. to demand, collect and receive the rent payable pursuant to the licence,
2. to take legal action to recover sums due or for the possession of the Berth and to act on the Licensor's behalf and in his name,
3. to instruct solicitors to serve any notices required pursuant to the licence and to represent the Licensor in any proceedings,
4.to enforce the lien contained in the licence,
5. to enforce compliance with Clause 5 of the licence and upon any default to use the Licensor's name to enforce such covenants.
6. to give any notice pursuant to the Licence.
The Club Consents Hereto subject to compliance by the Licensee with the terms of the licence.