Marina Policies

Chapter 40 Marina

40.010. Introduction
The Shelter Bay Company Policies, Chapter 40 -- Marina, are intended to provide a guide for day-to-day marina operations. Included in the policies are definitions, admission of vessels to the marina, moorage slip assignments, moorage slip rental conditions, moorage slip rent, marina tenancy, outside contractors and termination of lease. The Shelter Bay Marina business office and physical location is: 1000 Shoshone Drive, La Conner, Washington 98257.

40.020. Definitions
"Harbor committee" is the committee appointed by the Shelter Bay Community, Inc. to oversee the harbor and marina and is acting on behalf of the Shelter Bay Company.

"Marina" refers to the Shelter Bay Marina, shoreline, waters, land, airspace, docks, piers, gangways and buildings within the marina boundaries. This includes the main marina, the east marina (along Shoshone Drive) and the waters and southern shorelines of Division 2 Tract L along Suquamish Way and Lummi Drive. Excluded are privately owned piers and docks except for navigational, emergency or environmental related issues.

"Non-residents" are persons who are not sublessees or fee simple lot owners within the Shelter Bay Survey.

"Owner" refers to a vessel owner, his/her agent or representative.

"Renters" of sub-lessee owned homes are considered non-residents.

"Resident" refers to a person or persons who are the legal lessee of a lot or lots, within the Shelter Bay Survey, or owner of a fee simple lot, or lots, within the Shelter Bay Survey.

"Vessel" refers to an owner's boat for which the marina provides dockage.

40.030. Admission of vessels to the marina
A. Only vessels in good seaworthy condition and able to operate under their own power, will be admitted. Vessels must have current registration or documentation and the state registration number marked by law.
B. Vessels may be subject to an initial inspection by the marina harbormaster or subsequent inspection by other state or federal agencies to determine compliance of condition, safety and proper health standards to meet the marina and other legal requirements.
C. Vessels must have a permanently installed, adequate electrical and/or mechanical bilge pump(s) in a constant state of readiness.
D. Vessel owners must agree to comply with marina policies.
E. Vessels, regardless of size, with enclosed cabins and berthing accommodations must have a Marine Sanitation Device (MSD) on board which meets U.S. Coast Guard requirements.

40.040. Slip assignments
A. Residents and non-residents wanting moorage slips in the marina will contact the marina administrator to determine moorage slip availability. If only one moorage slip is available in the desired slip length and both a resident and non-resident apply for it, the Shelter Bay resident shall have first right of refusal.
B. If there are no moorage slips available, the applicant will be placed on a waiting list by length of requested moorage slip. As moorage slips become available by length of slip requested, Shelter Bay residents will have precedence over non-residents. Moorage slips will be assigned in order, based on time of receipt of application.
C. Moorage slips will be leased on a one (1) year lease basis.
D. If there are moorage slips available within the marina and no resident has requested moorage or is on the waiting list, then moorage slips will be leased to non-residents. A new application for a slip lease by a resident will take priority over renewal of a lease to a non-resident. Non-resident lessees will be given 30-days beyond the lease date to obtain other moorage.
E. A non-resident lessee whose lease is not being renewed would lose the slip lease on a "last in, first out" basis, based on the size of the moorage slip required.
F. The marina administrator will endeavor to place slip lessees in the main marina or east marina areas, as requested. There is no guarantee that a lessee will obtain a moorage slip where requested or be assigned to a specific area of the marina. There is no exclusive right of a resident slip lessee to a specific section or area of the marina.
G. The marina administrator will match vessels to moorage slips of an appropriate size. The marina reserves the right to assign vessels to an appropriate sized moorage slip if the slip lessee's vessel is too large or small for the moorage slip or end tie. A slip lessee will relocate the vessel upon reasonable notice of reassignment.
H. A resident or non-resident lessee may lease only one moorage slip. Requests for additional moorage slips from a resident or non-resident will be made in writing to the harbor committee. The harbor committee will approve or disapprove multiple moorage slip requests and notify the requesting party of their decision. Multiple moorage slip leases, if approved, are available for three-months, and after that they are on a month-to-month basis. If a resident requests a moorage slip in the size where a multiple moorage slip lease is in effect, then the multiple slip lessee will be given written notice by the marina and will be required to vacate the extra slip at the expiration of the three-month lease. If the multiple slip lessee is on the month-to-month part of his multiple leases, the slip lessee will have thirty (30) days to vacate the moorage slip following written notice.
I. Shelter Bay Marina moorage slips cannot be sub-leased.

40.050. Conditions for moorage slip rental
A. Only the owner of a vessel or boat may apply for slip moorage in the marina.
B. The owner/slip lessee shall maintain insurance coverage for the vessel as a condition of the slip lease. Insurance shall include pollution liability, medical liability, and property and general liability coverage. The lessee of a moorage slip will provide the marina administrator a copy of the insurance renewal annually.
C. Slip lessees must sign a marina lease and acknowledge that a copy of the Marina Policies has been received. The slip lessee will abide by the Shelter Bay Marina Policies, and failure to do so may subject the slip lessee to fines, and/or termination of moorage slip lease.

40.060. Moorage slip rents
A. Moorage slip rents are based on the length of the slip as measured from the edge of the main walkway to the outer end of the finger pier. End tie rates are based on overall length of dock. The marina administrator may assign two boats to an end tie and apportion rentals accordingly. Vessels on end ties shall not protrude beyond the end of the dock.
B. Billings for moorage slip rents are mailed to slip lessees on a monthly basis. Moorage slip rents run from the first day of a calendar month to the last day of a calendar month. Monthly billings include the slip rent and the cost of metered electricity if used. Vessels moored in the eastern marina area are equipped with electrical service and meters, which is billed directly to the slip lessee by the utility provider. Payment deadlines and late charge fees are shown on the invoice billing statement, and are prescribed by Shelter Bay Marina Policies.
C. Lessees who are over 30 day past due on their account are considered delinquent and may be subject to cancellation of their moorage lease.
D. Lessees who are in arrears by 90-days will be subject to actions, which may include: cancellation of moorage slip lease, legal action, seizure of the vessel and being sold in a Sheriff's sale. The lessee shall be liable for any additional costs of collection above the unpaid balance due.
E. Overnight guest moorage is $20 per night.

40.070. Marina tenancy
A. Marina slip lessee's vehicles should be parked in the marina parking areas. Residents are encouraged to have Shelter Bay decals, notes on dashboards or other identification visible from outside the vehicle when parked at the marina. Non-resident vehicles must be parked in the marina parking lot, or alongside the Shoshone Drive roadway along the eastern marina area. Non-residents marina lessees must display a parking permit in their vehicle. The marina administrator provides marina parking permits. Residents are encouraged to park vehicles at home if they will be away on their boats for extended periods.
B. There shall be no parking of motor homes, travel trailers, boats, water sports equipment and boat trailers on the parking area adjacent to the marina. The marina administrator or harbormaster may authorize temporary overnight parking when space is available.
C. Slip lessees may live onboard their vessels for up to ten consecutive days, and shall ensure that holding tank waste or portable toilet wastes receive proper disposal. The discharge of raw sewage into the marina waters is prohibited. Such discharge will subject the slip lessee to fines levied by other enforcement agencies or penalties which may include the cancellation of the moorage slip lease. Temporary ten-day live-aboards are encouraged to use the marina restrooms and showers. Slip lessees may request special live-aboard extensions by written request to the marina office. Special live-aboard requests will be considered on a case-by-case basis, and approved or disapproved by the manager. Permanent live-aboards are not permitted at the Shelter Bay Marina.
D. Lessees whose vessels will be absent from their moorage slip for ten or more consecutive days at a time will notify the harbormaster of their departure and return date.
E. Dock boxes provided by marina moorage slip lessees may be installed on the triangular gusset between the finger pier and main walkway, provided the dock box does not impede passage to and from the finger pier or main walkway. The type of dock boxes and location must be approved by the harbormaster before being installed.

40.080. Outside contractors
A. Slip lessees who hire outside contractors to work on their boats/vessels are responsible for damage to docks, boats or other Shelter Bay Company or Shelter Bay Community, Inc. property caused by those contractors. Slip lessees must notify the marina administrator or harbormaster when contractors will be working on their boats in the owner's/lessee's absence. Slip lessees are responsible for notifying contractors about Shelter Bay Company policies and the Shelter Bay Community, Inc. rules and regulations, copies of which are available from the marina administrator.
B. The use of gas welders, gas torches, open flame producing equipment and arc welding is prohibited on the marina docks and on board vessels moored in the marina.

40.090. Termination of leases
A. Slip lessee agrees to provide the marina thirty (30) days notice in writing of permanent removal of a vessel from a moorage slip. This can be done via hand delivery, mail, fax , or e-mail to the marina administrator. The slip lessee will close out and settle any outstanding moorage slip rents including electrical charges due at time of departure. The slip lessee will provide the marina administrator with a forwarding address.
B. Slip lessees who cancel their lease and leave the marina will have moorage slip rental charge prorated if they depart prior to the end of the calendar month. If the marina administrator is provided reasonable notice, the electrical meter will be read on the day of departure and charges for electrical service billed at that time, else the meter will be read as soon after notification as is practical and the final billing will reflect the electrical usage to the date of the final meter reading.
C. If a slip lessee vacates a moorage slip and discontinues payments for the assigned slip without notice, he/she will loose the assigned moorage slip and the moorage slip will be reassigned. In addition, failure to provide thirty (30) days notice of vacating slip, lessee will continue to be billed for the slip until proper notification is received.
D. A slip lessee who gives proper notice of vacating a vessel/boat from the slip, but continues to pay the moorage slip rental will retain the lease on the assigned slip.
E. A slip lessee who cancels a moorage slip lease and removes the vessel from the marina shall also remove dock boxes and any other personal equipment at the time of departure.

Approved by the Board of Directors 1/18/06