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Chapter 40
Marina
40.010. Introduction 1
40.020. Definitions 1
40.030. Admission of vessels to the marina 2
40.040. Slip assignments 2
40.050. Conditions for moorage slip rental 3
40.060. Moorage slip rents 3
40.070. Marina tenancy 3
40.080. Outside contractors 4
40.090. Termination of leases 4
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 |
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