TikiEasy, LLC
Always on Island Time
Each Seasonal and Transient Boater will adhere to safe and proper boathandling and by signing the seasonal slip agreement and/or transient forms, hereby accept the policies, rules and regulations set forth.
A. This agreement entered into, on the date indicated on the signed seasonal slip agreement and/or transient form, by and between TikiEasy, LLC, hereby known as the Lessor and (your name), hereinafter known as Lessee, is subject to the attached terms and conditions. No right of future renewal of this agreement is implied or inferred from its terms. Lessee certifies that the terms and conditions have been read and are fully understood and agreed to. The words "Marina" and "City Centre Marina", means TikiEasy, LLC.
1.Rental Period: Seasonal slip rental period runs from May 1 through October 16 (or the second Saturday of October of any given year). All boats must be removed from the marina prior to October 13. Due to the City of Green Bay's efforts to remove the docks timely and effectively. A $45 charge per day will be applied for any boats staying longer. The Lessee agrees to be responsible for any charges associated with leaving after October 13, vessels not removed by the above noted date, will be assessed this daily charge and be towed at the Lessee's expense. All dockage fees are non-refundable.
2. Seasonal Slip Admissions: To be admitted and to continue as a Lessee of the City Centre Marina, a vessel must be:
A) Registered with the State of Wisconsin or appopriate state of Residence and be current. Properly marked, equipped and maintained as required by law, as well as as U.S. Coast Guard requirements and safe practices.
B) Subject to periodic external visual inspection by the Lessor to determine the maintenance of proper safety conditions.
C) Seasonal slip rates are $46/foot. 24 foot minimum, not including tax.
3. Vessel Insurance/Indemnity: The Lessee agrees to have his/her vessel insured at all times with complete maritime coverage, against loss or damange and this will include full Liability. Lessee will provide Lessor evidence of such coverage prior to occupying the designated slip per this agreement. Evidence of Lessee insurance will be maintained by Lessor for record keeping. Lessor is not responsible for damages to vessels by fire, flood, lightning, hail, ice, tornado, wind, explosion, sinking, theft, wake or storm damage, as well as personal injury, or any acts of God or nature. Lessee shall hold TikiEasy, LLC, any officers, agents and the City of Green Bay, harmless in the event of such occurrences. The Lessee agrees to indemnify and save harmless from any and all liability for property damage or personal injury to any Lessee, guests of Lessee, or other persons during said term of contract, resulting in carelessness, negligence, or improper conduct on the premises, the Lessee or the Lessee's boat and/or the failure of the Lessee or guests of Lessee shall require no right of action against the Lessor. The Lesee shall not assign or transfer claims against Lessor or any third party including the Lessor's insurance company. The Lessee shall not subrogate an insurance company to any claims or permit suit to be brought against Lessor in the Lessee's name under the direction or expense of any such insurance company. Lessee agrees that slip rental and usage is at their own risk and acknowledges the inherit nature of being a public marina.
A) Lessee hereby agrees to indemnify and hold harmless the Lessor from any claim of damage to the Lessee's vessel or any personal property associated with the said vessel caused by any third party or person.
B) Lessee agrees to take responsibility for any and all guests they invite onto the docks or the Lessee's vessel. This includes escorting them on and off the premises to ensure their safety and security at all times. Lessee will ensure guests are educated and aware of hazards of docks and vessels and will assure all guests conduct themselves in a safe manner. Lessee also agrees to ensure that guests are aware of and comply with all dock rules and regulations stated herein. Lessee agrees that he/she is responsible for any damage, or injury to or by guests.
C) Lessee waives teh right of subrogation against Lessor for loss or damage to property while docked in the slip.
D) Lessee understands that no professional labor services (ie marine mechanical, fiberglass, or canvas repair work) will be allowed up on any vessel unless a certificate of appropriate insurance is filed with Lessor's office prior to approval and work commencement.
4) Conduct: The Lessee agrees to conduct him/herself in a responsible, safe manner at all times when on the marina premises, on the docks or aboard any vessel moored or secured at the marina herein, so as to not create any annoyances, hazard, or nuisance to other Lessee's, gusts or other occupants. This involves observance of good housekeeping and sanitation practices.
5) Tenders: Tenders, dinghies, skiffs and kayaks shall be properly secured and stored onboard or tied securely to the vessel at the vessel's properly assigned slip. Lessee shall hold harmless any damages and all liabilities per section 3, to all support tenders. If any support vessel is deemed to cause damage to neighboring vessels or becomes loose, Lessee will secure it on board or remove the tender vessel from the marina as appropriate. If Lessee is not present, Lessee agrees to allow Lessor to board, move, relocate in a safe manner and secure Lessee's support tender.
6) Quiet Times: Marina quiet hours are from 11p.m to 7 a.m. At all other times, Lessee and guests shall use discretion in respecting the rights of the neighboring vessels when using stereoes, radios, televisions and other on board vessel or dock activities. The disorderly conduct of any person using, visiting, or occupying the marina, who might, in the opinion of TikiEasy, LLC, cause injury or damage of life and property, shall be given two verbal warnings. A third verbal warning will be cause for immediate revocation of their slip Agreement. Lessee will forfeit all monies paid and no refund pursuant to this Agreement. The Lessee shall be responsible for the conduct of all persons using, visiting, or occupying a vessel.
7) Safety: It is the utmost importance at the City Centre Marina, that Lessee's and guests of Lessee's observe safety at all times.
A)No swimming, diving, fishing shall be permitted from the dock mains or finger piers.
B) No charcoal or open fires of any kind will be allowed on the docks or finger piers.
C) The Lessee will keep the area around his/her vessel trash free and clear of debris, trash or boat items.
D) The Lessee will not carry on or dispense fuel from containers on or around the City Centre Marina due to environmental hazard of spill, and inherit fire hazard amid the marina. The Lessee shall not spill, discharge or discard at the marina any oil, new or used, gas, paint thinner, holding tank (waste) discharge or other hazardous materials. Fire is strictly prohibitied on the marina main docks or finger piers.
E) It is the responsibility of the Lessee to provide adequate fenders between the Lessee's vessel and the dock. No less than four (4) docks lines of good quality and condition, and appropriate size per the vessel size, to tie and secure the vessel to the dock.
F) Adults shall accompany all children under the age twelve (12) when walking on the docks. Lessor highly recommends any child under the age of 10 and infant, should have a a U.S. Coast Guard approved PFD (personal flotation device) immediately accessible when on the docks or aboard any vessel. A PFD shall be easily accessible for safety when any child is aboard a vessel docked at the marina.
G) Due to the extreme fire hazard, electrical heaters, propane heaters or air conditioners not built into the vessel should be only operated when a person over the age of 18 is present.
H) Lessee shall notify Lessor as immediate as possible, any needed repairs or problems of the marina docks or finger piers or the existence of dangerous conditions requiring the attention of the City of Green Bay.
I) Lessee shall not alter piers, slips, dock mains or electrical/water hook ups in any way.
8) Sailboats: All sailboats must tie away all halyards from the mast prior to leaving the vessel at the slip, to prevent mast-slap.
9) Special Events: Lessor strongly recommends that Lessee remove and or take protective measures regarding their vessels prior to 7 p.m. on the evening of events where fireworks demonstrations are present due to special events. Sparks, ambers and debris may fall near or on the marina and vessels docked. If Lessee's vessel remains, any damage or injury that may occur to the Lessee's vessel, to the Lessee or the Lessee's guests will be the sole responsibility of the Lessee. Lessee holds harmless Lessor of any and all damages or injury.
10) VHF: Marina staff will monitor Channel 9 during designated huors, per the Dockmaster/Manager
11) Transient Slips: Transient vessels arriving at the City Centre Marina, will hail the marina on VHF channel 9. Hail at least a 1/2 nautical mile out. The dockmaster or staff will confirm arrival and designate which slip the transient will be docked at. Dockmaster or staff will immediately gain vessel information and payment upon arrival. No refunds are given for transient fees, no matter if the transient vessel leaves earlier than anticipated. If arriving outside the marina hours, vessel owners shall call 1-920-327-9039 for assistance, or utilize forms available at the marina transient boxes, near slips #7, #8, #59, #60. Transient rates are as follows:
A) $1.30/ per day. Based upon a vessel 24 foot minimum. Transient vessels who arrive at the marina to patronize the restraurants or establishments, are given two hours at no charge. Otherwise, transient rate fees will apply after the 2 hours. A "day" equals a 24 hour period commencing when the vessel arrives. Per Section 9.52 of the Green Bay Code of Ordinances prohibits vessels from docking as a transient of more than seven (7) consecutive days, upon which permits are required.
12) Default: The Lessee shall pay all fees such as court costs, collection fees, interest, reasonable attorney fees, etc, expended in the effort to collect any and all balances considered past or over due. The Lessee agrees that his/her agreement shall be binding for any contract with TikiEasy, LLC whether written or verbal.
13) Storms: In the even of severe storms, Lessees shall remain primarily responsible for the safety of his/her vessel and shall take such responsible actions as may be necessary to ensure the safety of the vessel, docks and surrounding vessels. The Lessee agrees to allow Lessor to board Lessees vessel to further prevent damage or secure addition dock lines, as well as potential boat relocation as needed. If dock lines are provided, Lessee will return docklines as immediate as possible or pay per each dock line used.
14) Pets: Pets must be leashed at all times The Lessee shall be responsible for policing and cleaning up after their pet, which means removal of any wastes on the docks or surrounding waters. if it is deemed that your pet is a risk or a danger to guests or property, the pet will be banned from the facility.
15) Transient Dockage: The Lessor reserves the right to rent the Lessee's slip to a transient vessel if left vacant for over 72 hours. The Lessee is required to notify the Dockmaster of a float plan, per U.S. Coast Guard guidelines, and expected absence for more than three days as well as expected return.
16) Parking: Lessee and guests are not to park in the Holiday Inn parking lots. Wisconsin Public Service parking lot, adjacent to the marina, is available at no charge after 5 p.m. and on weekends. Parking permits are required for normal business hours mon-friday. Permits are issued upon request and issued by Wisconsin Public Service to all parking in the lot during regular business hours. Parking passes must be hung from the rear view mirrow. Parking is only allowed along the marina side of the parking lot.
17) Nontransferability: Slips rented to the Lessee for the boating season are nontransferable to any other vessel other than the vessel registered in the slip agreement and cannot be sublet. If a Lessee wishes to change boats during the course of the season, the Lessee is require to notify the Lessor for a recalculation of slip fees, new insurance, vessel registration and a newly signed agreement.
18) Termination of Contract: The Lessee agrees that the Lessor may terminate, change or modify this Agreement at any time for any reason. Lessor will not refund the balance of the slip rental, seasonal or transient for a terminated contract agreement. If upon termination, the Lessee refuses to vacate the slip or dock space, the Lessee agrees that the Lessor may have the vessel removed, towed or stored at Lessor's discretion. All towing, removal and storage fees relating to the termination will be the responsibility of the Lessee.