Seaborn Marina, Inc. 87 Ocean Ave Bay Shore, NY (P) (F)

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1 Summer 2015 January 30, 2015 Dear fellow boaters, Hello and Happy New Year! As we approach the 2015 boating season, we would like to thank all of our customers for another wonderful boating season in Fuel prices are the lowest they have been in years and continue to drop. You can be confident we will continue to have the lowest prices in the Bay Shore area. Feel free to contact us if you have any comments or suggestions for improvements. We would like to hear your opinions and can be reached via Enclosed you will find our summer 2015 dockage agreement. Please read, complete, sign, and return the original dockage agreement as well as your deposit no later than February 16, We currently have a waiting list and it is imperative that we receive your signed paperwork and deposit promptly or we will be unable to reserve a slip. All balances must be paid in full prior to accepting slip deposits. NO EXCEPTIONS will be made! Thank you for your past, present, and future patronage. Sincerely, Seaborn Marina, Inc. 1

2 Summer 2015 Terms and Conditions of Rental 1. The word marina used herein shall indicate any person authorized to represent Seaborn Marina and the property of the marina, and the word tenant used herein shall indicate the owner (or his or her authorized representatives) of any boat located on the marina property. 2. All boats covered by this agreement, at all times must be: A. Used for pleasure only, including charter; B. Properly registered, identified, marked, named, numbered, equipped and maintained as required by law and safe practice; C. Subject to periodic inspection by the marina to determine the maintenance of proper safety conditions (without incurring any obligation to inspect or creating any liability therefore on the part of the marina.) 3. The tenant warrants that he is the owner of the boat and that it has complete marine insurance coverage, including liability. Tenants shall be fully liable for all damages caused by him and his boat, equipment, family members, and guests. A certificate of insurance, listing Seaborn Marina, Inc. as additional insured must be included with dockage agreement and deposit, no later then February 16 th Tenant understands that marina will redevelop sections of the property and that the basin is equipped with water and electric. Certain upland amenities are being developed on the property. Provided this agreement is in full force and effect, tenant is not in default hereunder, tenant, members of his family and guest will have the right to utilize all of the upland amenities at no additional cost during the term herein. 5. No outside contractors shall be permitted on the marina s property without the written consent of the marina and will be subject to a surcharge. Prior to commencing any work, all contractors must provide proof of insurance in amounts acceptable to the marina, and the marina must be named as an additional insured on all such insurance. 6. All bills rendered to tenants by the marina shall be paid within 30 days. A finance charge of 18%, up to the maximum rate permitted by law and all if any attorney fees, shall be added to collect any unpaid and past due balance. 7. Boat owners will not engage outside contractors or service men to work on their boats while under contract with Seaborn Marina, Inc. 8. Sub-leasing of slip or the right to use the upland amenities is not permitted. If a tenant expects to have his boat out of a slip for any extended length of time, he should notify the office. 2

3 9. Use of open flames in or about the marina is prohibited. Tenant agrees not to take any action or to perform any work which increases the risk of electrical, mechanical, or other fire hazard. Use of underground, faulty or inadequate electrical equipment or wiring is prohibited. Tenant shall provide the marina with keys to the boats main door or hatch and to the ignition. At the discretion of the marina, the boat may be entered at any time for inspection and/or emergency service. By this provision, the marina does not undertake any obligation or liability to tenant to protect or maintain the boat. 10. Gasoline and diesel fuel is available at the marina. No other fuel may be carried or brought aboard any boat in the marina for any purpose. 11. The tenant and his guest agree to conduct themselves in a mature matter when on or about the property of the marina, so as to not create any annoyance, hazard, or nuisance to the marina or to other tenants. Tenant and his guests should observe good housekeeping and sanitary practices, utilize the approved garbage receptacles and sanitation equipment at all times. Tenant shall comply with such rules and regulation as marina shall establish from time to time on a non-discriminatory basis. 12. All tenders and skiffs shall be stored onboard vessels when possible; otherwise, they shall be kept off the docks and moored in the slip for which an additional charge shall be made. The identification marks or names of all tenders shall be recorded with the marina. No dock boxes, steps or other equipment shall be installed without the written consent of the marina. 13. Dogs and cats admitted to the marina must be kept under leash at all times and shall not be permitted to run loose or about the marina or any boat therein. The marina shall have the right to exclude any dog or pet from the premises in its soul discretion. No other animal or pet shall be permitted in or about the marina or on any boat therein. 14. If during the tenants occupancy of a slip, the docks or pilings are damaged or defaced by the tenant, his boat, equipment, family members, or guests in any way repairs and necessary refurbishment shall be made by the marina at the tenant s expense. 15. Boats may not be painted in the slips. 16. There shall be no live-aboards permitted in the marina except persons on vacations, weekends, and crews needed to maintain in the aforementioned vessel. 17. Tenants shall protect, indemnify, and hold harmless the marina and its owners, agents, and employees, from and against all cost, damage, expense, claims, losses, and other liabilities arising out of, or as a result of tenant s use of marina facilities (including the use of the facilities by the tenant s family members and guests) and his boat, including but not limited to all costs, expenses, and attorney s fees incurred by the marina in its defense irrespective of whether any suit or claim alleges negligence by the marina, and regardless of the jurisdiction, in which any suit or claim may be brought. Tenant also agrees to pay all costs and expenses including reasonable attorney fees incurred by the marina to collect any sums owed by the tenant and to enforce any part of this agreement. 3

4 18. The marina assumes no responsibility for the safety of any vessel in the marina, which afloat or otherwise, and the marina shall not be liable for damage caused by fire, flood, abnormal high or low tides, theft, explosion, water, snow, ice, freezing, wind, vandalism, leakage, sinking, or other damage to said vessel, its equipment or any property in or on said vessel, however arising except as a result of direct active negligence of the marina. Tenant shall hold the marina harmless from any such loss or damage and the marina shall be under no obligation to ensure the tenant s boat, equipment or other property against any such loss or damage. Moreover, in the event of sinking, the tenant shall act promptly to remove his vessel from the marina. 19. The marina may, but its not required or obligated to employ guards or watchman upon its premises; or to keep tenants boat under surveillance at any time and the failure to maintain such guards or watchmen shall not be deemed to constitute negligence on its part. Nor shall the employment of such guard or watchmen be deemed to create any obligation on the part of the marina for the care or safety of tenant s vessel or the equipment thereon. 20. In the event of a severe storm or hurricane the marina will attempt if practical and possible to provide preparation and damage prevention service on a per hour basis. However the tenant is still solely responsible to take all emergency measures possible and the marina does not assume any responsibility for sail protection and/or damages to the tenant s boat and other property. 21. Boats arriving for slip rentals are subject to marina s inspection and approval even though a space rental agreement has been signed and the marina reserves the right to refuse to accommodate any boat for any space for any reason. Any boat refused will receive a full refund for any payments advanced for such space and this agreement will thereafter be null and void. 22. All dock boxes are limited in size and shape to 2 feet high by 3 feet wide by 6 feet long, chest type, painted white. Marina manager to approve location. 23. All boat storage and slip rental shall be governed by the published rate schedules. Slip rentals may not be cancelled without the marinas written consent. If a suitable replacement tenant acceptable to the marina is obtained promptly the marina may at its discretion agree to a proportional refund based on the unused rental period, less 5% of the seasonal charge as a service fee. In the event tenant violates any of the provisions of this agreement, or rules and regulations, the marina may in its discretion and on three days notice, cancel all agreements with tenant. Tenant shall remove his boat forthwith and tenant shall not be entitled to any refund. 24. All house accounts must have a credit card on file in the office. 25. The marina reserves the right to properly tie up, pump out or otherwise secure any boat at the dock which it feels is improperly secured. Labor for such services will be charged to the boat owner. 26. Discharge of toilets, oil, or dumping of refuse into the marina area and water is strictly prohibited. 27. Swimming, diving, or fishing shall not be permitted from the docks or boats in the marina. 28. No obstruction of any type will be allowed on docks without prior permission of the yard manager. 29. Rental space is non-transferable; no refunds will be made. 30. A valid Seaborn parking permit must be displayed in all vehicles front windshield or vehicle will be towed at owners expense. Each slip will be issued two parking permits. Prior arrangements must be made for additional vehicles with marina management. A. Only one car should be parked behind your slip and any additional cars should be parked in the parking lot up front by the security gate. 4

5 Summer 2015 Dockage agreement *this agreement is made between Seaborn Marina Inc. and the undersigned: Name of Owner: Name of Vessel: Address: City: State: Zip: Home Phone: Business Phone: Address: Cell Phone: In case of emergency, list the best number to call: Make of Boat: Length of Hull: Additional Length for Swim Platform & Pulpit Overall Length of Boat, including Swim Platform & Pulpit: Beam: Draft: Registration/Documentation Numbers: Hull ID Number : Type of power (check all that apply) Gas: Diesel: Inboard: Outboard: I/0: Powerboat: Sailboat: Make of Engine(s): Number of Engine(s): Name & Address of Insurance Company: Policy Number: Electric Power Required: Yes: No: Please circle one of the following services if needed: 30 AMP 50 AMP Slip # 5

6 Summer Dockage Rate Sheet Effective January 1, 2015 Please fill out Length Overall $75 per foot (dry dock) Length Overall $105 per foot (boats 29 feet and under) Length Overall $115 per foot (boats 30 feet and over) Length Overall $10 per foot summer customers only Total deposit ($500 minimum) Total amount due by April 6, 2015 CC # Exp. Date: 3 Digit Sec. Code: Name as it appears on credit card: **Final balance is due by April 6, **All slips must be paid in full as due or slip will be reassigned. **All dry dock customers must give 24 hour notice before desired launch. **All prior bills must be paid in full before boat goes in water. **Additional contract provisions and liability limitations appear on this slip rental agreement attached here and I have read the terms and conditions set forth therein and hereby agree there to. **A total of six pages comprises this agreement and I fully acknowledge the terms and conditions set forth by Seaborn Marina, Inc. Signature of Owner (tenant): Date Accepted: by: Seaborn Marina, Inc. Please make all checks payable to: Seaborn Marina, Inc. Mail to: 171 Peconic Ave. Medford, NY