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Res 38-08t ~ i~ RESOLUTION NO. 38-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ATTACHED RULES, REGULATIONS AND FEES FOR THE DELRAY BEACH CITY MARINA. WHEREAS, the City Commission of the City of Delray Beach, Florida, approves the attached rules, regulations and fees for the Delray Beach City Marina. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby approves the rules, regulations and fees as set forth in the attached documents, see Exhibit "A". PASSED AND ADOPTED in regular session on the ~~ day of , 2008. ~~ ~~ MAYOR Attest: City Clerk EXHIBIT "A" PROPOSET3 RATES DELRAY MUNICIPAL MARINA RATES MONTHLY ANNUAL RATES-$.70IFTIDAY 1=Dotage Dockage Tax Tata! 35 $ 735.00 $ 47.78 $ 782,78 3fi $ 758.00 $ 49.14 $ 805.14 37 $ 777.00 $ 50,51 $ 827.51 38 $ 796.00 $ 51.87 $ 849.87 39 $ $19.00 $ 53.24 $ 872.24 40 S 840.00 $ 64.60 $ 894.60 41 $ 861.00 $ 55.97 $ 91 B.97 42 $ 882.00 $ 57.33 $ 939.33 43 $ 903.00 $ 58.70 $ 961.70 44 $ 924.00 $ 60.08 $ 984,06 45 $ 945,00 $ 61.43 $1,00$.43 46 $ 966.00 $ 82.79 $1,028.79 47 $ 987.00 $ 64.16 $1, 051,16 48 $1,008.00 $ 85.52 $1,073.52 49 $1,029.00 $ 66.89 $1,095.89 50 $1,D50.00 $ fi8,25 $1,118.25 51 $1, 071.00 $ 89.62 $1,'140.62 52 $1,092.00 $ 70.98 $ 7,162.98 53 $1,113.00 $ 72.35 $1,185.35 54 $1,134.00 $ 73.71 $1,207.71 55 $1,155.00 $ 75.08 $1,230.08 WAITING LIST RATES $50.00 first year administration fee with a $10.00 annual fee for those people interested in remaining on the waiting list. This fee would apply to those already on the list, as well as any prospective marina skip holders that ga on the waiting fist once the cap has been removed. TRANSIENT FEES $60.00lnight plus tax MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 10, 2008 SUBJECT: AGENDA ITEM IO.G1 -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 RESOLUTION N0.38-08 ITEM BEFORE COMMISSION This item before Commission is for the adoption of Resolution No. 38-08 approving the attached rules, regulations and fees far the Delray Beach City Marina. BACKGROUND The Parks and Recreation Department would like to change the dockage rate to $.70/ft/dy for all boats, whether the owners live aboard or not. It is often difficult to determine who lives on board, who spends the weekend, and who does not. Presently the rate is $.60/ft/dy for non-live-aboard and $.70/ftldy for live-aboard. The department contacted 8 marinas and 5 did not allow live-aboard and 3 did not have a difference in rates. We would also like to raise the daily transient fee from $50.00 including tax to $60.00 plus tax. The Parks and Recreation Department would like to institute a $50.00 administrative fee with a $10.00 annual renewal fee for those people interested in remaining on the waiting list for the City Marina. This fee would apply to those already on the list, as well as any prosepctive marina slip holders that go on the waiting list. Approval of the fees and rules will be by the adoption of Resolution No. 38.08. RECOMMENDATION Parks and Recreation recommends approval of the attached rules, regulations and fees for the Delray Beach City Marina. RESOLUTION NO. 38-08 A RESOLUTION OF THE CITY COMMISSION OF THE CTTY OF DELRAY BEACH, FLORIDA, APPROVTNG THE ATTACHED RULES, REGULATIONS AND FEES FOR THE DELRAY BEACH CITY MARINA. WHEREAS, the City Commission of the City of Delray Beach, Florida, approves the attached :rules, regulations az~d fees for the Dekay Beach City Marina. NOW, 'T`HEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ' ction 1. That the City Commission hereby approves the rules, regulations and fees as set forth in the attached docezments, see Exhibit "A". PASSED AND ADOPTED in regular session on the day of .2008. MAYOR Attest: City Clerk City of Delray Beach ~0 N.W. 1st Avenue Delray Beach, Florida 33444 51ip # Dated LICENSE AGREEMENT FOR BOAT DOCKAGE This Agreement, made the day of , 20 by and between the City of Delray Beach, Florida (Marina) as Licensor, and the undersigned owner~(Owner) jointly and individually, as Licensees. Name of Vessel Beam Draft Passed U. S. Coast Guard Vessel Date of Vessel Safety Check Owner (s ) Residence Address City State Zip Home Telephone ( ) Cell Business Address City State Zip Work Telephone ( 1 e--mail address 1. The term of this License Agreement shall commence the day of 20 and shall terminate the 30th day of September of each year unless the Agreement is terminated earlier upon one of the following conditions: a. By breach or forfeiture of any of the covenants or conditions of this Agreement. b. By written notice of termination by the Marina. c. By written notice of at least thirty (30) days by the Owner, accompanied by tender of unpaid fees or charges, if any. d. By the dock or mooring facility becoming unserviceable far any reason whatsoever, including maintenance of dock area by Marina. e. In accordance with Paragraph 5 of Agreement. 2. Payable at time 1} first month's dockage, which is and of signing and not applicable at renewals are: which is 2) security deposit, 3) last month's dockage, which is The dockage rate shall be at the rate established by the City Commission from time to time. The City Commission reserves the right to change the rates at any time during this Agreement, subject, however, to giving ten (10) days' notice to the Owner prior to the time any such increase shall be effective as to such Owner. Any Owner that vacates Overall Length _ Power Sail Safety Check Yes No Receipt Attached his/her dock space for a period of time, but does not terminate this Agreement, shall be required to pay the minimum monthly dockage fee. 3. The Marina, or its designee, including the U.s. Coast Guard, prior to permitting a boat to moor at the Marina, and annually thereafter, shall have the right to inspect the boat and insurance documentation. The annual vessel safety check shall take place at such time as determined by the Marina and at the Marina as specified by the Director of Parks and Recreation each year, unless the vessel has already obtained an annual safety check. By signing this Agreement, the Owner agrees to make his/her boat available for the vessel safety check at the Marina. A current vessel safety check will be provided to the City of Delray Beach on or before October 1 of each year. The Owner shall not allow the vessel safety check to lapse during the term of the License Agreement. Tf the vessel safety check lapses the Marina may, in its sole discretion, terminate this License Agreement upon 10 days notice to the Owner, The notice shall be deemed valid if mailed to Owner's address as listed on the first page of this License Agreement. ~. Owner's liability insurance coverage must be of a form applicable- to watercraft and approved by the City's Risk Manager, with. per occurrence or per accident limits for protection and indemnity coverage of at least $500,000.00 (or as an equivalent, a $500,000.00 combined single limit). Fuel/ail spill liability coverage will also be provided in these same limits by the Owner. The Owner shall also provide hull insurance in an amount that is comparable to the value of the boat. The City of Delray Beach must be named as an Additional Insured as respects to Marina occupancy by the Owner and watercraft. A valid copy of the current insurance certificate must be on file with the City at all times. 5. The intention of the parties is to create a license for a non- commercial use of dock space only, with Marina as Licensor and Owner as Licensee. This Agreement confers na lease-hold interest, and, is revocable at any time by Marina, in its sole discretion and with or without cause, upon notice posted aboard the boat or sent to the owner at either of the addresses listed above. 6. Marina reserves the right to exclusive control over the use of dock space. Use of dock space is the personal privilege of the Owner and is not assignable nor may dock space be sublicensed. Any attempt to assign ar assignment of or attempt to sublicense the dock space under this License Agreement by Owner is void, terminates this Agreement, and excuses the Marina from further performance of this License Agreement. The Marina reserves the right to sublicense the dock space during Owner's absence from the dock space. Owner shall not substitute another vessel for the above described boat without the prior written consent of the Marina. 7. Tn the event Marina, or necessary, in its sole discretion, functions an the dock space or area, the request of the Marina. Failure its agent or contractor, deems it to perform maintenance or repair Owner shall immediately comply with of Owner to immediately comply with - 2 - Marina's request may result in termination of this Agreement or the removal of the boat by Marina. In the event Marina deems it necessary, in its sole discretion, to remove Owner's boat Pram a dock space, Marina shall not be responsible for any damage that may result to owner's property and Owner shall be responsible for any and all costs incurred by Marina for the removal of the boat. B . All dockage fees are due by the tenth of each month. A late fee of fifty dollars ($50.00} shall be imposed for those payments not postmarked by the tenth of each month. Failure to pay an outstanding balance shall constitute a breach of this License Agreement and authorizes Marina to sell the boat at a non-judicial sale or to take any other legal action or remedy available pursuant to Florida law. The marina shall have a lien and security interest in the above described boat, its appurtenances and contents for unpaid sums due it for dockage fees, damage caused to any docks, property or persons at the Marina. If suit is brought to enforce said lien, to perfect and/or collect on said security interest or to collect any amount due under this Agreement, the Owner shall have an additional. liability for reasonable attorney's fees and all other costs incurred in connection herewith. 9. This Agreement is for the use of dock space only. Such space is to be used at the sale risk of the Owner. The Marina sha11 not be liable for the care or the protection of, the boat including its gear,, equipment, appurtenances or contents. Owner represents and warrants that Owner maintains adequate hull insurance, including protection and indemnity insurance (see paragraph 9), on the boat, its contents and equipment of whatever nature. 10. Per Florida Statue Section 327.9, Owners will not be required to remove their boats from the Marina following issuance of a hurricane watch or warning. Owners are required, however, to take reasonable steps to secure their boats .for the protection .of tPieir property and the property of others following a hurricane watch or warning. These may include, but are not necessarily limited to, using extra tie lines, replacing worn tie lines, etc. After a tropical storm or hurricane watch has been issued, the Marina may take reasonable actions to further secure any boat within the marina to minimize damage to a boat and to protect marina property, private property, and the environment and may charge a reasonable fee for .such services. The Marina may also remove a boat from its slip or take whatever reasonable actions are deemed necessary to properly secure a boat to minimize damage to a boat and to protect marina property, private property, and the environment and may charge the boat owner a reasonable fee far any such services rendered. In the event fees or costs are owed to the Marina under. this Agreement, the Marina may collect those fees from the security deposit and froze the last month's dockage. Tf the security deposit or last month's dockage retained by the Marina falls below the amount set forth above, the Owner must give sufficient funds to the Marina in order to achieve the deposit amounts set forth above within 20 days of the Marina sending written notification to the Owner. The failure of the Owner to comply with this requirement may result in the immediate termination of this Agreement. -- 3 - ll. Owner for himself, heirs, personal representatives, successors, and assigns, as the ease may be, releases and holds harmless and indemnifies Marina, the City of Delray Beach, Florida, and its officers, agents, and employees from any and all liability far loss or damage to the boat, its Owner, and Owner's agents, employees, or guests, or negligence or conduct of Marina, and from any and all loss, damage, liability, legal action or claim of whatsoever nature, rising out of the Owner's use of the facilities of the marina, the presence of the owner's boat, car, or personal property at marina, or the moving of the boat, whether loss or damages to the property owned by the Marina, or any other personal property and whether loss or damage is the result of the negligence or conduct of the Marina. Marina disclaims all express or implied warranties, and Owner, on behalf of himself, his heirs, personal representatives, successors, and assigns, as the case may be, releases Marina from. any and ali liability arising out of any such warranties. 12. The Owner agrees to comply with all laws, rules and regulations pertaining to Marina operations. Failure of the Owner to comply with any such laws, rules or regulations or to pay the dockage fee prescribed within this Agreement shall result in termination of the Agreement, and the Marina may remove the vessel from its mooring at the Owner's risk and expenses and may take possession of the space and may enter into a License Agreement with another party. The rules and regulations governing the Marina are incorporated herein. 13. Breach of this License Agreement by Owner, Owner's guests or agents, including but not limited to the violation of the rules and regulations governing the Marina, terminates this Agreement, excuses Marina from further performance and permits Marina to immediately cause the removal of the boat at the Owner's risk and expense. The Marina shall not be deemed a bailee of a vessel removed pursuant to this section. 14. I3o modifications to this License Agreement shall be enforceable unless in writing and executed by the City. Marina's failure to require strict performance of this License Agreement ar waiver of any conditions herein shall not act as a waiver of rights hereunder nor be deemed a continuing waiver. 15. Owner warrants and represents that the boat will be presented for dockage and maintained throughout free of hazards that may cause danger, damage or expense to Marina or to others. The boat shall be maintained in an operable condition at all times, must be in a seaworthy condition and under its awn power, or be removed from the premises. 16. The Owner represents and warrants that the Owner shall comply with the Federal Water Pollution Control Acts (33 U.S.C. Section 1231 - prohibiting discharge of oil or oily water, 33 U.S.C. Section 1322 - prohibiting discharge of untreated sewage} and all other applicable Federal, State, County and Municipal laws and regulations. 17. This License Agreement shall be interpreted in accordance with the laws of the State of E'lorida and the laws of the United States and venue shall be in Palm Beach County, Florida. If any portion of this - 4 - License Agreement is found null and vaid, the remaining portions of this License Agreement shall continue in full farce and effect. 18. The owner, jointly and individually, shall be obligated to pay and shall pay all COStS, including reasonable attorney's tees, incurred by Marina in non-judicial proceedings or judicial proceedings and appeals therefrom to enforce any and all provisions of this License Agreement, including any sums due Marina. 19. Owner hereby acknowledges that Owner has read and fully understands this License Agreement for boat dockage as well as the rules, policies, and regulations currently governing' the use of dock space attached hereto and incorporated herein. Further, owner agrees to comply with current rules, policies and regulations ar as hereafter amended during the term of this License Agreement far boat dockage. A failure to comply with such rules, policies, and regulations sha11 be deemed to be a breach of this Agreement, and Marina may seek whatever appropriate remedies are provided-for hereunder. 'The person or 'persons signing below does or do certify that he/she or they are the lawful owner or owners of the vessel herein above described ar are authorized to subject such vessel to the provisions of this License Agreement. WITNESSES: OWNER(S) (Print or type name) (Print or type name) Date: (Print or type name). CITY OF DELR,AY BEACH MARINA By: Director of Parks & Recreation Date: ~ _ City of Delray Beach Slip # 50 N.W. 1st Avenue Dated Delray Beach, Florida 33444 DAILY DOCKING AGREEMENT FOR BOAT DOCKAGE This Agreement, made the day of 20 , by and between the City of Delray Beach, Florida (Marina) as Licensor, and the undersigned owner (Owner) jointly and individually, as Licensees. Name of Vessel Overall Length Beam Draft Power Sail Passed U. S. Coast Guard Vessel Safety Check Yes No D t f Vessel Safety Check Receipt Attached a e o Owner(s) Residence Address City Home Telephone ( ) Business Address City State Zip Work Telephone ( ) e-mail address _ 1. This Agreement shall commence on the day of 20 and shall terminate on day of 200 unless the Agreement is terminated earlier by the City in accordance with Paragraph 19. 2. Payable at ~ for the deposit in the amount Cell State Zip time of signing is the dockage fee in the amount of time period as specified above along with a security of The dockage rate shall be at the rate established by the City Commission from time to time. The City Commission reserves the right to change the rates at any time during this Agreement, subject, however, to giving ten (IO) days` notice to the Owner prior to the time any such increase shall be effective as to such Owner. Any Owner that vacates his/her dock space for a period of time, but does not terminate this Agreement, shall still be required to pay the daily dockage fee. 3. The Marina, or its designee, including the U.S. Coast Guard, prior to permitting a boat to moor at the Marina shall have the right to inspect the boat and insurance documentation. By signing this Agreement, the Owner agrees to make his/her boat available for the vessel safety check at the Marina. A current vessel safety check wi11 be provided to the City of Delray Beach prior to docking at the Marina. The Owner shall not allow the vessel safety check to lapse during the term of the License Agreement. If the vessel safety check lapses the Marina may, in its sole discretion, terminate this License Agreement upon 10 days notice to the Owner. The notice shall be deemed valid if mailed to Owner's address as listed on the first page of this License Agreement 4. Owner's liability insurance coverage must be of a form applicable to watercraft and approved by the City's Risk Manager, with per occurrence or per accident limits far protection and indemnity coverage of at least 5500,000.00 (or as an equivalent, a $500,000.00 combined single limit}. fuel/oil spi11 liability coverage will also be provided in these same limits by the Owner. The Owner shall also provide hull insurance in an amount that is comparable to the value of the boat. The City of Delray Beach must be named as an Additional Insured as respects to Marina occupancy by the Owner and watercraft. A valid copy of the current insurance certificate must be on file with the City at all times. 5. The intention of the parties is to create a license for a non- commercial use of dock space only, with Marina as Licensor and Owner as Licensee. This Agreement confers no lease-hold interest, and is revocable at any time by Marina, in its sole discretion and with or without cause, upon notice posted aboard the boat or sent to the owner at either of the addresses listed above. 6. Marina reserves the right to exclusive control over the use of dock space. Use of dock space is the personal privilege of the Owner and is not assignable nor may dock space be sublicensed. Any attempt to assign or assignment of or attempt to sublicense the dock space under this License Agreement by Owner is void, terminates this Agreement, and excuses the Marina from further performance of this License Agreement. The Marina reserves the right to sublicense the dock space during Owner's absence from the dock space. Owner shall not substitute another vessel for the above described boat without the prior written consent of the Marina. 7. In the event Marina, or its agent or contractor, deems it necessary, in its sole discretion, to perform maintenance or repair functions on the dock space or area, Owner shall immediately comply with the request of the Marina. Failure of Owner to immediately comply with Marina's .bequest may result in termination of this Agreement or the removal of the boat by Marina. In the event Marina deems it necessary, in its sole discretion, to remove Owner's boat from a dock space, Marina shall not be responsible for any damage that may result to owner's property and Owner shall be responsible for any and all costs incurred by Marina far the removal. of the boat. 8. All daily dockage fees shall be paid in advance of the date of usage. A late fee of fifty dollars ($50.00) shall be imposed for those payments not received by the due date. Failure to pay an outstanding balance shall constitute a breach of this License Agreement and authorizes Marina to sell the boat at a non-judicial sale or to take any other legal action or remedy available pursuant to Florida law. The marina shall have a lien and security interest in the above described boat, its appurtenances and contents for unpaid sums due it for dockage fees, damage caused to any docks, property or persons at the Marina. If suit is brought to enforce said lien, to perfect and/or collect on said security interest or to collect any amount due under this Agreement, the Owner shall. have an additional liability for reasonable attorney's fees and all other costs incurred in connection herewith. - 2 - 9. This Agreement is for the use of dock space only. Such space is to be used at the sole risk of the Owner. The Marina shall not be liable for the care or the protection of the boat including its gear, equipment, appurtenances or contents, Owner represents and warrants that Owner maintains adequate' hull insurance, including protection and indemnity insurance (see paragraph 9), on the boat, its contents and equipment of whatever nature. 10. Per Florida Statue Section 327.59, Owners will not be required to remove their boats Pram the Marina fallowing issuance of a hurricane watch or warning. Owners are required, however, to take reasonable steps to secure their boats for the protection of their property and the property of others following a hurricane watch or warning. These may include, but are not necessarily limited to, using extra tie lines, replacing worn tie lines, etc. After a tropical storm or hurricane watch has been issued, the Marina may take reasonable actions to further secure any boat within the marina to minimize damage to a boat and to protect marina property, private property, and the environment and may charge a reasonable fee for such services. The Marina may also remove a boat from its slip or take whatever reasonable actions are deemed necessary to properly secure a boat to minimize damage to a beat and to protect marina property, private property, and the environment and may charge the boat owner a reasonable fee for any such services rendered. In the event flees or costs are owed to the Marina under this Agreement, the Marina may collect those fees from the security deposit. Tf the security deposit retained by the Marina falls below the amount set forth above, the Owner must give sufficient funds to the Marina in order to achieve the deposit amounts set forth above within 5 days of the Marina sending written notification to the Owner. The failure of the Owner to comply with this requirement may result in the immediate termination of this Agreement. 11. Owner for himself, heirs, personal representatives, successors, and assigns, as the case may be, releases and holds harmless and indemnifies Marina, the City of Delray Beach, Florida, and its officers, agents, and employees from any and all liability for loss or damage to the boat, its Owner, and Owner's agents, employees, or guests, or negligence or conduct of Marina, and from any and all loss, damage, liability, legal action or claim of whatsoever nature, rising out of the Owner's use of the facilities of the marina, the presence of the owner's boat, car, or personal property at marina, or the moving of the boat, whether loss or damages to the property owned by the Marina, or any other personal property and whether loss or damage is the result of the negligence or conduct of the Marina. Marina disclaims all express or implied warranties, and Owner, on behalf of himself, his heirs, personal representatives, successors, and assigns, as the case may be, releases Marina from any and all liability arising out of any such warranties. 12. The Owner agrees to comply with all laws, rules and regulations pertaining to Marina operations. Failure of the Owner to comply with any such laws, rules or regulations or to pay the dockage fee prescribed within this Agreement shall result in termination of the Agreement, and - 3 - the Marina may remove the vessel from its mooring at the Owner's risk and expenses and may take possession of the space and may enter into a License Agreement with another party. The rules and regulations governing the Marina are incorporated herein. 13. Breach of this License Agreement by Owner, Owner's guests or agents, including but not limited to the violation of the rules and regulations governing the Marina, terminates this Agreement, excuses Marina from further performance and permits Marina to immediately cause the removal of the. boat at the Owner's risk- and expense. 'the Marina shall not be deemed a bailee of a vessel removed pursuant to this section. 14. No modifications to this License Agreement shall be enforceable unless in writing and executed by the City. Marina's failure to require strict performance of this License Agreement or waiver of any conditions herein shall not act as a waiver of rights hereunder nor be deemed a continuing waiver. 15. Owner warrants .and represents that the boat will be presented for dockage and maintained throughout free of hazards that may cause danger, damage or expense to Marina or to others. The boat shall be maintained in an operable condition at all times, must be•~in a seaworthy condition and under its own power, or be removed from the premises. 16. The Owner represents and warrants that the Owner shall comply with the Federal Water Pollution Control Acts (33 U.S.C. Section 1231 •- prohibiting discharge of oil or oily water, 33 U.S.C. Section 1322 prohibiting discharge of untreated sewage) and ail other applicable Federal, State, County and Municipal laws and regulations. 17_ This License Agreement shall be interpreted in accordance with the laws of the State of Florida and the laws of the United States and venue shall be in Palm Beach County, Florida. Tf any portion of this License Agreement is found null and void, the remaining portions of this License Agreement shall continue in full farce and effect. 18. The Owner, jointly and individually, shall be obligated to pay and shall pay all costs, including reasonable attorney's fees, incurred by Marina in non--judicial proceedings or judicial proceedings and appeals therefrom to enforce any and all provisions of this License Agreement, including any sums due Marina. 19. Owner hereby acknowledges that Owner has read and fully understands this License Agreement for daily dockage as well as the rules, policies, and regulations currently governing the, use of dock space attached hereto and incorporated herein. Further, owner agrees to comply .with current rules, policies and regulations or as hereafter amended during the term of this License Agreement for boat dockage. A failure to comply with such rules, policies, and regulations shall be deemed to be a breach of this Agreement, and Marina may seek whatever appropriate remedies are provided for hereunder. - 4 - The person or persons signing below does or do or they are the lawful owner or owners of the described or axe authorized to subject such vessel this License Agreement. WITNESSES: certify that he/she vessel herein above to the provisions of OWNER(S) (Print or type name) (Print or type name) Date: (Print or type name) CITY OF DELRAY BEACH MARINA By: Director of Parks & Recreation Date: _ 5 _ RULES AND REGULATIONS OF THE CITY MARINA (A} A copy of these rules and regulations shall be furnished to each person, firm, or corporation having a License Agreement for dockage space in the City Marina. The rules and regulations of the City Marina are as set forth herein below. Tt is made a condition of the License Agreement that the aforesaid rules and regulations shall be fully complied with by any person, firm, or corporation. 1} The rules of the road and the navigation laws of the United States apply to all. vessels in or approaching the marina. 2} Owners departing should notify the City so that proper arrangements can be made to have docks clear upon return. The marina reserves the right to sublicense all docks when they are vacant. 3) Sublicensing of slips by Owners is not permitted. 9) Noise should be kept to a minimum at all times. 5) Residents should use discretion in the operation of generating plants, main engines, and other power equipment so as not to create exceptional noise after 6:00 PM and before 9:00 AM. 6} The extent of boat repairs and maintenance at dockside is at the discretion of the City. Major repairs will not be allowed. 7} Piers are to be kept clear at all times. Storage of loose gear is not permitted. Hoses and electric lines should not cross piers. No dock boxes or any other fixtures shall be placed on piers without specific written approval of the Director of Parks and recreation. Only one (l) dock box per slip is allowed and will be provided by Marina. 8) Pets are permitted upon approval of the Director of Parks and Recreation as long as they do not disturb other guests. They must be leashed at all times. 9) Only boats in seaworthy condition and under their own power wi11 be admitted to berthing areas. 10) All boats will be required to pass a Coast Guard vessel safety check. A vessel safety check will. be provided by the City of Delray Beach at such time as determined by the Marina. Tf Owner does not have a vessel safety check at that time, Owner is responsible for obtaining a vessel safety check on their boat ~ on or before October 1. 1~.) Berths will be assigxied by the Director of Parks and Recreation, or his/her duly authorized representative. 12) It shall also be the responsibility of Owners to keep their vessels in such condition that they do not become unsightly or dilapidated or reflect unfavorably on the appearance standards of the marina. 13) No refuse shall be thrown overboard. All garbage and trash shall be placed in receptacles provided. No person shall discharge sewage, oil, spirits, inflammable liquids, oily bilge, other chemicals or substances into the basin. 14) Swimming, diving, or fishing shall not be permitted from the docks or boats. 1.5) Laundry of any type or any item of a personal nature shall not be hung to dry out, or air, in public view aboard any vessel or any pier while a dockside licensee of the marina. 16} Na advertising or soliciting will be permitted on any boat. However, any boat may display a small, not to exceed one foot square, "far sale" sign. 17) It shall be unlawful for the owner, operator, or person in charge of any vessel to remove said vessel from the marina property, without permission of the City, when said vessel has a delinquency in its dockage account. 18) No fires of any kind are allowed on boats or main docks. 19} Only one (1) automobile per slip is allowed to be parked in the space in front of the Owner's slip. Additional parking spaces for Owners and their guests are available as signed at the north and south ends of the Marina. 20) Please notify the Parks and Recreation Department thirty (30) days prior to .departure and provide an emergency contact address and telephone number if possible. 21) Owner's liability insurance coverage must be of a form applicable to watercraft and approved by the City's Risk Manager, with per occurrence or per accident limits for protection and indemnity coverage of at least 5500,000.00 (or as an equivalent, a 5500,000.00 combined single limit). Fuelloil spill liability coverage will also be provided in these same limits by the Owner. The Owner shall also provide hull insurance in an amount that is comparable to the value of the boat. The City of Delray Beach must be named as an Additional Insured as respects to Marina occupancy by the Owner and watercraft. A ,valid copy of the current insurance certificate must be on file with the City at all times. 22) Trailers of any type are not allowed to be stored or parked an Marina property. 23) No boat longer than fifty-five (55) feet will be allowed to dock at the municipal Marina. 24) dueling boats is not allowed at the municipal Marina. (B) Any suggestions or complaints should be brought to the attention of the Parks and Recreation Department. The City, or its representative, may ~~~ terminate the ~dae~ge License Agreement and order any vessel to vacate, immediately, the space said vessel is occupying for the violation of any of the marina's rules ar regulations.