OF HOOD RIVER
2009 MARINA MOORAGE RULES & REGULATIONS
The word "Port" as used herein shall mean the Port of Hood River, and when appropriate may mean any person authorized to represent the Port. The word "Tenant" is used to indicate the owner of a boat, boathouse, or floatplane moored legally within the Port of Hood River Marina as per the conditions of a signed Moorage Rental Agreement. The word "Tenant" also includes those who have entered into a Moorage Sublease Agreement with the Tenant that has been approved by the Port. The word "Boat" includes boathouse or floatplane where appropriate.
Tenant agrees to comply with all applicable federal and State laws, City and Port of Hood River ordinances, and all Marina Moorage Rules & Regulations as established by the Port and as amended from time to time at the Port's discretion.
When a boat enters the Marina, it immediately comes under the jurisdiction of the Port of Hood River and shall be berthed or anchored only where authorized by the Port.
The Marina is a private facility owned and operated by the Port of Hood River, and the intended use of a slip is for recreational purposes and not as a storage facility.
· A Moorage Rental Agreement with the Port will be executed only with the owner of the boat that is to occupy the assigned slip. Leasing of a boat slip by a person who is not a boat owner is prohibited.
· All boats MUST be moored in the slip assigned to Tenant per Moorage Agreement. All boats shall be tied up in berths or at moorings according to good practice or shall be removed from the Marina.
· The Port reserves the right to relocate Tenants to another moorage slip at any time.
· Contact information provided to the Port by the Tenant shall be kept current at all times, including emergency contact information.
· Any person who has a signed Moorage Rental Agreement with the Port is expected to have a boat in the water except when said boat has been removed for repair, weather conditions or other reasonable cause. A slip may not be leased and left unoccupied without prior written notice and approval by the Port.
· Winter moves are not authorized unless a signed Moorage Rental Agreement is executed and payment is made for the slip the boat has moved into. Boats shall be tethered only to the cleats for their assigned slip, unless the Port has been notified of the Tenants' mutual agreement. At the Port's discretion, a monthly moorage fee may be assessed if boats are found tethered to an adjoining slip that causes the slip to be unrentable.
· A "Betterment List" requesting specific slip numbers is available only for annual Tenants whose accounts are in good standing, i.e., no unpaid balances, and Tenant must be easily reached and readily available to make a move when offered. If a move is offered, but declined, the Tenant's name will be moved to the bottom of the list. The outside end slips of A and B docks, and non-long boat eastside C-dock slips are exempt from the Betterment List.
· Annual Tenants have two payment options: single payment due by January 31; or half payment by January 31 with balance paid in full by April 30, with a $10 "carrying fee."
· Payment by monthly Tenants is due upon receipt of the statement for the current month owing. · Keys: a $50 deposit, per key, refundable upon return of key(s) at termination.
· Utility Charges: flat monthly fee of $20 November 1 through March 31, even if plugged in a minimum of one day per month.
· Time and material charges may be charged back to the Tenant if Port staff attends to boats in danger of sinking or causing damages to other boats or Port property.
· Accessory watercraft: $25 per watercraft, per month.
· Accessory watercraft owned by the Tenant and commonly identified as dinghies, wave runners, kayaks, and inflatables will be allowed in the Marina; however, the accessory watercraft must be identified with the Tenant's slip number, and insurance requirements will apply.
· Storage of accessory watercraft on main walkways or slip fingers will not be permitted. Monthly fees will not be assessed if the accessory watercraft is secured on the boat.
· Accessory watercraft secured in the water shall be tied to the boat or slip in a manner as to not interfere with the vessel in the adjoining slip or other boats in the Marina. Monthly fees, per watercraft, will apply. The Port has the final judgment on whether any accessory watercraft in the water is too big for the slip. The Tenant will then have the option of immediately removing the watercraft from the Marina or renting a second slip, if available.
· No boat may be moored in a Marina Slip unless a current Moorage Rental Agreement is in effect between the Owner of said boat and the Port.
" Visitors may use the guest dock at the boat launch on the east side of the Marina and pay the appropriate daily fee. Use of the guest dock shall not exceed the maximum limit according to current Oregon State Marine Board guidelines.
· The Tenant agrees at all times to hold the Port of Hood River harmless against any and all claims and demands arising from the negligence or wrongful acts of the Tenant, his or her agents, invitees or employees, and Tenant does specifically acknowledge that the Port of Hood River is not liable under any circumstances for any loss of damage to Tenant's boat, person or property, except as the result of intentional misconduct on the part of the Port of Hood River.
· Moorage Tenants agree to provide a marine/watercraft insurance policy with general liability limits of at least $500,000, and moorage Tenants having fuel capacity of 30 or more gallons shall also provide, as part of the general liability coverage, proof of Pollution Liability coverage to a limit no less than $25,000.
· Floatplane Tenants agree to provide aircraft liability insurance with minimum coverage of $1,000,000.
· The Port of Hood River shall be named as additional insured. A certificate of said insurance, issued in the name of the Port, shall be provided. Failure to provide or keep in force such insurance shall be construed as a default of this Agreement and the Port will exercise its right to terminate.
· The Port is not responsible for any losses or damage to boats in the Marina. Each Tenant will be held responsible for damage that he or she may cause to other boats in the Marina or for damage to any structure. Any boat that may sink in the Marina is to be removed by the Tenant at Tenant's expense or may be removed, salvaged or pumped out by the Port, also at the Tenant's expense.
· The $50 deposit, per key, is refundable upon return to the Port when moorage is terminated.
· Tenant agrees that duplicate copies of the Marina gate key will not be made.
· There shall be no living aboard boats or boathouses in the Marina. Tenants may not stay overnight on their boats more than 3 consecutive days in the Marina. This privilege may be reviewed or revoked by the Port in its judgment, if necessary, to meet regulatory requirements.
· Any alteration of a slip is subject to prior approval by the Port.
· Boats shall be in a seaworthy condition and not constitute a fire hazard, or present a reasonable risk of sinking. If a vessel is subject to these conditions, it shall be removed from the Marina or temporarily repaired or stabilized through reasonable measures at the Tenant's expense. The Port shall have the right to require inspection of any boat in the Marina to determine seaworthiness and adherence to fire and safety requirements. Such inspection will be done at owner's expense. Appropriate insurance coverage must be maintained.
o In an emergency situation when Port staff boards a boat to prevent its sinking
or danger to other boats or Port property, time and material charges may be
charged back to the Tenant at the Port's discretion.
· No major repairs, as defined by the Port, shall be made to boats while in slips or parking lots.
· All maintenance issues are to be reported to the Port of Hood River office by phone, email (to the attention of the Marina Manager at firstname.lastname@example.org), or in person to ensure appropriate follow-up of items reported.
· Authorization shall be obtained from the Port prior to placement of lockers, chests, cabinets, steps, ramps or similar structures.
· Tenants will be notified 24-hours in advance of any scheduled maintenance work affecting all slips so that the Tenant has the option of being present when the work is done.
· News of interest to the Tenants will be by means of electronic mail. Tenants will need to update Spam filters to allow mail from the portofhoodriver.com domain.
· Notification will be by email, or by U.S. Postal Mail if an email address is not provided. Notice will be considered given by the Port when sent, whether or not received.
/ Special Events
· Tenant parking in the lot adjacent to the moorage entrance gate is on a first-come basis and a parking space is not guaranteed. Parking shall be in a neat and orderly fashion. The Port may request removal or may remove, at Tenant's expense, any vehicle parked in an improper manner.
· Parking for an extended period exceeding 3 days must be cleared by the Port.
· Boat trailers shall not be parked in the lot adjacent to the moorage entrance gate. Parking of boat trailers and vehicles in the boat ramp parking lot is "day use only."
· The Port, at its discretion due to special events in the adjacent park area, may limit the hours of operations of the Marina facilities or limit the number of people that may access any moorage slip, or both. The Port will provide notice at least seven (7) days in advance by posting signage at the walkway entrance and on the Port's website (www.portofhoodriver.com).
· Dogs MUST be kept on leashes at all times on Port property, including the docks. "Pet Pick Up" bags will be available at the gate for owners to clean up after their pets. Absolutely no waste may go into the water.
· Main walkways and slip finger walkways shall be obstacle-free of boat supplies, accessories or debris. Water hoses and electrical cords shall be neatly coiled when not in use. The Tenant must remove anything from the Marina that does not fit onto the boat or into a locker. Authorization shall be obtained from the Port prior to placement of lockers, chests, cabinets, steps, ramps or similar structures.
· No swimming, diving, fishing, or fish cleaning will be permitted in the Marina.
· Tenants shall accompany children and guests at all times. Disorderly conduct by
Tenants and/or guests is cause for immediate termination of the Moorage
Agreement and removal of the boat from the Marina. This includes offensive language and loud and rude behavior to others. Please do your part to maintain a family atmosphere at the Marina.
· Sanitary facilities shall not be discharged in the Marina except at an operable pump-out station, nor will refuse be thrown overboard. Garbage shall be deposited in receptacles supplied by the Port. Hazardous materials, including batteries, oil, paint, etc., shall be immediately removed from the Marina slips and Marina Park by the Tenant.
· Boats in the Marina shall be operated according to the Rules of the Road and the Navigation Laws of the United States.
· Boats not marked or identified as required by law will not be permitted within the Marina.
· All boats shall be tied up in berths or at moorings according to good practice or shall be removed from the Marina.
· The Marina is a NO WAKE ZONE. Boats within the Marina must be operated at a speed less than that which will create a wake.
· Boats shall be in a seaworthy condition and not constitute a fire hazard, or present a reasonable risk of sinking. If a vessel is subject to these conditions, it shall be removed from the Marina or temporarily repaired or stabilized through reasonable measures at the Tenant's expense.
· A sublease policy was approved by the Port of Hood River Commission on July 15, 2008 and will remain in force until further action is taken by the Port of Hood River Commission. The Sublease Package is an attachment to the 2008 Marina Moorage Rules & Regulations.
· Prorated refunds of unused moorage will be determined on a case-by-case basis, with the re-renting of the slip a prime factor.
· Tenants selling boats do not have the authority to transfer moorage slips, gate keys, or monthly/annual payments to new owners. "For Sale" signs shall be posted on the bulletin board at the ramp gate.
· Tenants will receive written notification on violations of these Rules and Regulations. The primary method of notification will be made by electronic mail. Notification by U.S. Mail will be made if an e-mail address is not provided.
· Disorderly conduct by a Tenant or their guests is cause for immediate termination of the Moorage Agreement and removal of the boat from the Marina.
· Recourse is available to the Tenant by coming into the office to discuss the violation notice.
· If a boat, boathouse or floatplane is moored in the Marina without Port permission or the owner has refused or failed to sign a moorage rental agreement acceptable to the Port, the boat, boathouse or floatplane shall be subject to immediate eviction. The owner shall be responsible to comply with all Port Marina moorage rules and regulations during occupancy, and be liable for moorage rental charges based on the monthly moorage rate.
The boat, boathouse or floatplane and its tackle, apparel, fixtures, equipment and
furnishings may be retained by the Port at the Marina or elsewhere, until all charges then owing and all charges which shall thereafter accrue are fully paid and all violations of moorage rules and regulations are cured. These remedies are in addition to and shall not be deemed in lieu of any other rights which the Port may have by virtue of federal and State laws, and local ordinances, including any Port ordinance.
· In the case of a person who has been on the moorage waiting list, the prospective Tenant will be given 30 days to purchase a boat to be placed in the slip or provide proof that a purchase transaction is pending. If the 30-day requirement cannot be met and the prospective Tenant would like to remain on the Waiting List, his or her name will be moved to the bottom.
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