Transient Monthly Moorage Agreement
(moorage in excess of 30 consecutive days
This agreement is entered into between the Port of Ilwaco, hereinafter referred as “Port”, and the undersigned, hereinafter referred to as “Tenant”. The following terms covenants and conditions are the basis of this agreement:
- GRANT OF PERMIT. The Port grants to tenant a permit to moor at the Port of Ilwaco Marina, Ilwaco, Washington, as hereinafter designated, for the vessel designated in Part II, for the monthly sum designated in Part II, plus any applicable taxes and charges. This tenant shall not become effective until tenant completes the terms and requirements in the Monthly Moorage Agreement (Part II) and pays the Port the entire non-refundable monthly fee indicated in Part II. Said fee shall be pre-paid and non-refundable. Any unpaid fees will be subject to a late fee and/or interest charge as described in the Port Tariff as may be amended from time to time. In the event any fee becomes 10 days delinquent, this agreement is cancelable and the moorage may, be reassigned. All sums designated in Part II are subject to change as made effective by the Port’s posted Rules, Regulations, and Charges applying to the Port of Ilwaco, hereinafter referred to as “Port Tariff”. Tenant acknowledges the Port’s reserved right to change the Port Tariff from time to time.
- SUBSTITUTION/SUBLETTING OF VESSEL. Subletting of vessel berths is prohibited. The Tenant shall not assign, transfer or sublet his/her berth. Use of the designated berth is personal to Tenant and the designated vessel. A person purchasing the vessel or other interest therein from owner will not thereby acquire any rights to the assigned berth. The Tenant shall be allowed to substitute another vessel, only if the substitute vessel is also owned by the Tenant and only upon notification to and approval by the Port. Vessels not owned by the Tenant and/or unapproved by the Port in the designated berth shall be charged applicable transient moorage rates and potentially relocated to another berth.
- PORT REGULATION. This agreement is subject to Port Tariff as the same may be amended from time to time and the Port Tariff are hereby adopted by this reference as part hereof. It is a condition of this Permit that tenant shall abide by all Port rules as provided in said Port Tariff, and secure the compliance of his or her agents, guests, invitee, and employees therewith. The provisions of the Port Tariff are in addition to the provisions of this agreement and in the event of conflict between the provisions of the Port Tariff and this agreement, the Port Tariff shall control.
- CONTRACTUAL RELATIONSHIP. The Port does not accept the vessel designated in Part II for storage, shall not be held liable in any manner for the safekeeping or condition of the same, and is not responsible therefore as a warehouseman. The Port shall not be held responsible or liable for any damage or loss to, or of, the said boat, tackle, gear, equipment, or property either upon said vessel or upon the premises of the Port, from any cause whatever, or for injury to the tenant, his or her agents, guests, invitee, or employees occasioned by any cause, upon the Port premises or adjacent thereto, except as hereinafter specified in paragraph 6.
- ELECTRICITY. Electrical service is available for some berths as outlined in the Port Tariff. Electrical service is an additional monthly or daily fee and may be purchased, if available, at the time monthly moorage is purchased. All monthly and daily electrical fees are pre-paid and non-refundable. Electricity for base service is 110 volts, 20 or 30 amps. An additional fee may be assessed for tenants with service in excess of 110 volts and/or in excess of 30 amps. The Port does not guarantee the continuity or characteristics of electrical service and its compatibility with the vessel’s electric circuit protector, if any, or any effects of electrolytic action. All extension cords must be three wire grounded type of an adequate size, and with the proper sized plug ends, to handle the amperage being used. Improper cords will be impounded by the Port and will be returned only when a proper cord has been fitted.
- INDEMNIFICATION AND HOLD HARMLESS. Tenant hereby agrees to protect, indemnify, defend and to hold and save harmless the Port, its elected officials, agents and employees, their successors and assigns, heirs, executors, and administrators from and against all liabilities, obligations, fines, claims, claims for mechanics liens, damages, penalties, causes of action, costs and expenses (including without limitation attorney’s fees and expenses), and any and all claims by or on behalf of any person or persons, firm or corporation, in connection with any such items of actual or alleged injury or damage:
- arising out of acts or omissions of the tenant, its servants, agents, invitee, guests and employees on or about Port property, or
- arising out of the use of Port property or any part thereof, including but not limited to, floats, docks or piers, ramps and approaches, buildings, sidewalks, curbs, parking lots, streets or ways, or
- due to or arising out of any failure on the part of the tenant to perform or comply with any rule, ordinance, or law to be kept and performed.
THE UNDERSIGNED TENANT HEREBY WAIVES ITS IMMUNITY UNDER THE INDUSTRIAL INSURANCE ACT RCW TITLE 51 AND/OR THE LONGSHOREMEN’S AND HARBOR WORKS’ COMPENSATION ACT.
THE UNDERSIGNED TENANT HEREBY AGREES TO INDEMNIFY THE PORT FOR THE CONCURRENT NEGLIGENCE OF THE PORT AND THE UNDERSIGNED TENANT.
This indemnity agreement does not apply when such damage or injury is caused solely by negligent or intentional acts of the Port, its elected officials, agents or employees.
- MAINTENANCE. Marina premises adjacent to the berthage designated in Part II have been inspected by Tenant and are accepted by Tenant in their present condition. Tenant shall keep the berthage designated in Part II and adjacent finger float neat and clean at all times, and shall not dump or discharge waste, petroleum products, garbage or other pollutants into the waters of the Marina. Tenant shall at all times comply with federal, state, county, City and Port laws, ordinances and Port Tariff, rules and special instructions issued by the Port Manager or his agents.
- USE. This agreement includes the right to moor Tenant’s vessel to the adjacent float. Use of this float is in common with others and Tenant shall not place equipment, structures, or other items on the float, nor shall Tenant alter, add to, damage, or otherwise disturb the float structure. No bumper materials shall be fastened to a float structure without the Harbormaster’s prior approval. Tenant shall not maintain anything that may be dangerous to life, or limb, or permit any objectionable noise or odor on his or her boat, Marina premises, or premises adjacent thereto, or permit anything to be done on said premises which in any way will tend to create a nuisance or to disturb any other vessel owner, guest or tenant of the Port.
- TRESPASSERS. The Port is not responsible for unauthorized persons using the berthage herein assigned or for the removal of such persons and their vessels therefrom.
- REASSIGNMENT. Moorage may be reassigned, at the option of the Port, to other berths or spaces within the Marina to accommodate repairs, improvements, maintenance, construction, emergencies, or when otherwise desirable in the Port’s opinion. In the event of reassignment, Tenant shall receive a new berth or space as nearly comparable in location to the berthage designated in Part II as is available.
- EMERGENCY AUTHORITY. In the event the Tenant’s vessel, or a vessel in an adjacent berthage is, in the sole judgment of the Port, subject to loss, destruction, or damage from any cause, the Port may, but is not required, to carry out any procedure which the Port deems reasonable to endeavor to prevent any such loss, destruction or damage, including removing the vessel to dry land storage. Dry land storage fee and the cost of haul-out will be charged to Tenant’s account. Any costs so incurred by the Port shall be for the order of the Tenant and the Tenant shall hold the Port harmless from all such costs or expenses so incurred. For the purpose of carrying out any procedures as contemplated by this paragraph and/or for the purposes of incurring any expenses as hereinafter contemplated, the Tenant does hereby hold the Port harmless from any loss, destruction, or damage to the vessel described in Part II and personal property located thereon. The authority granted in this paragraph shall be exercised only at times when, in the sole judgment of the Port, an emergency is deemed to exist, and such authority may be carried without notice to the Tenant.
- TERMINATION. Termination of this Agreement shall be governed by the Port Tariff.
- AUTHORITY GRANTED. Tenant hereby grants the Port and its agents and employees free access at all times to the vessel for purposes of inspection for compliance with this agreement, movement of the vessel pursuant to Paragraph 11 above, fighting of fire or other casualty or, in the discretion of the Port, preventing any casualty or potential hazard. However, as provided in paragraph 4, the Port does not assume any responsibility for the vessel on the basis of the foregoing rights.
- NONWAIVER. Nothing contained in this agreement shall be construed as a waiver by the Port of any rights and privileges created by this agreement nor a waiver by the Port of any other right or remedy under the laws of the State of Washington.
- TIME OF THE ESSENCE. Time is of the essence of this agreement.
- PARAGRAPH HEADINGS. The captions and paragraph headings in this agreement are for the convenience of the parties only and do not limit, restrict or otherwise amend the text language of any sentences of paragraphs.
- INVALIDITY OF PARTICULAR PROVISIONS. If any term or provision of this agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement or the application of such term or provision to persons or circumstances other than as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect.
- TOTAL AGREEMENT. This agreement expresses the complete understanding of the parties hereto. No modification or amendment of this agreement shall be valid unless evidenced in writing and signed by both parties.
- DISCLOSURE. The Tenant warrants that the following information relative to the vessel to be moored at said berthage and those associated with its ownership and operation is correct.
- FUELING VESSELS. Fueling of vessels is not permitted in the marina with the exception of the commercial fuel dock. No fuel containers, other than portable approved marine fuel tanks certified under EPA CFR 40, are permitted on the docks or around marina waters. A fine and/or cancellation of Port services may apply, with discretion given to the Port Manager, if found in violation.
- INSURANCE. All persons who berth a vessel in a marina operated by the Port of Ilwaco, even on a temporary basis, shall maintain insurance in force and good standing on the vessel. Monthly guest and regular moorage users shall carry Protection and Indemnity (watercraft liability) coverage with limits of at least Three Hundred Thousand Dollars ($300,000) per occurrence. For all vessels engaged in charter, foot ferry, tour, launch, shuttle services, or similar activities where the general public is invited to Port facilities, the required minimum amount of coverage shall be Three Hundred Thousand Dollars ($300,000) per occurrence (higher limits are encouraged). As a condition of using Port of Ilwaco facilities, users shall have insurance information available for inspection upon request by Port staff. Port Staff shall have the right, but not the obligation, to request such evidence of insurance. Failure to have such documentation may be grounds for termination of any berthage privileges.
- BEST MANAGEMENT PRACTICES IMPLEMENTATION. The Tenant shall comply with the Port’s Marina Best Management Practices (BMPS’s) attached to this Agreement.
MONTHLY MOORAGE AGREEMENT
(moorage in excess of 30 consecutive days
Port of Ilwaco - MARINA BEST MANAGEMENT PRACTICES (BMP’s)
BMP’s are intended to be practical and affordable actions that can reduce pollution at the source, but they will only work with everyone’s participation. By effectively implementing source control measures now, marinas and marina tenants may be able to avoid more expensive and restrictive measures being placed on the boating public by regulatory agencies in the future. By adopting the following BMP’s, we can show our commitment to preserving the surrounding environment in accordance with the guidelines issued by the Washington State Department of Ecology and the requirements of the Federal Clean Water Act.
- Vessel hulls with soft or ablative anti- fouling paint shall not be scrubbed or cleaned in the Marina by divers or with underwater scrubbing devices. Approved haul-out facilities must be used for these coatings. Mechanical devices or scrapers, or any process that removes paint underwater may not be used.
- Divers are not allowed to leave any sort of material in the water including film, debris or zinc.
- Contractors must dispose of their own waste off site. The marina is not permitted to handle hazardous wastes generated by commercial operators or maintenance contractors.
Engines and Bilges
- Absolutely no oil, fuel, or anti- freeze is to be discharged into the marina. Use absorbent pads to soak up oil and fuel in bilges.
- Do not pump contaminated bilge water into the marina. Install a manual bilge pump shutoff switch to avoid discharging contaminated bilge water.
- Never drain oil, antifreeze or other liquids into the bilge. Use pumps to drain engine oil directly. Recycle all waste oil and antifreeze on shore.
- Do not dispose of fuel, oil or filters in the dumpsters. Re cycle oil, antifreeze and oil filters at appropriate shore-side facilities. Do not mix any other fluid with waste oil when pouring into recycling tanks. Waste oil contaminated with other materials cannot be readily recycled and disposal costs increase dramatically.
- Do not use detergents or soaps on fuel, oil or otherwise contaminated bilge water. While enzyme-based bilge cleaners are generally safe to use, it may take some time before the oil sheen is gone. It is best to remove contaminated water and dispose of it appropriately at on-shore facilities. The discharge of emulsified oil is a violation of state law. Use absorbent pads.
- In Washington State, boats that are over 26’ in length are required to display an “Oil Discharge is Prohibited” placard near the bilge pump switch (placards are available at most marine supply stores). Fines for discharging oil from a bilge can amount to as much as $20,000 per day per violation.
Boat Fueling (Refueling is only allowed at the fuel dock – fueling in any other area is prohibited)
- Report oil and fuel spills immediately to Washington State’s hotline at 1(800) OILS-911 and the National Response Center 1-800-424-8802. If you cause a spill, stop it at the source and start to clean it up immediately. Do not pour liquid detergent onto the spill; this is illegal, makes recovery impossible and makes the spill worse under the surface.
- Do not “top-off” or overfill tanks. Know your fuel tank capacity and don’t wait for fuel to spill out of the overflow vent to indicate full. Place a bucket or an absorbent pad at the fuel vent in case of accidental overflow. Special No-Spill containers are available at marine supply stores for this purpose. Remember warm weather and direct sunlight can cause expansion and a fuel vent spill even after fueling is completed. In-line fuel/air separators and indicator whistles can be installed to reduce fuel vent spills.
- Do not hose down accidental fuel spills. Do not use detergents or soaps to clean up fuel and oil spills. Use absorbent pads when feasible.
Sewage and Gray Water
- Do not discharge sewage directly overboard. Discharge within three (3) miles of land is illegal and subject to fines up to $2,000.
- Y-valves must be safety wired to ensure sewage flows into holding tank only.
- Store sewage in holding tanks and dispose of properly at a pump-out station or use a pump-out service.
- Even treated sewage is a threat to the shallow water environments. Do not discharge treated sewage (including Coast Guard approved MSD’s) while in the marina.
- Minimize detergent usage and oily food waste in on-board sinks and showers. Scrape off table scraps and dispose of in the trash. Use shore side facilities whenever possible.
- Scrub and rinse your boat often. A quick rinse after each outing reduces the need to scrub the top-side with harsh cleaners.
- If cleaners are used, no visible suds or discoloration of the water are permitted. Spot clean or use small amounts of phosphate-free and biodegradable soaps only when necessary. Otherwise, use alternatives such as baking soda or vinegar as all-purpose cleaners. Remember there is no legal discharge of any cleaner to our waters.
Surface Preparation and Refinishing
- Painting and refinishing of boats (when in the water) is limited to minor touch ups. All work must be contained. Major work involving more than 25% of the boats above water surface areas must occur on land at a permitted boatyard. Schedule cosmetic work during annual haul-outs.
- Tarps must be used to capture all dust, drips, and debris. Any discharge to marina waters is a violation of state and federal law. Airborne particles may damage adjacent boats. The open water area between the hull and the dock must be tarped during rail or minor hull work.
- Do not work from a float or small boat.
- Limit use of paint, thinners and varnish on board or on the dock to containers of one (1) gallon in size or smaller.
- All paint mixing must be done on the shore, not the dock or the deck of the vessel. Open cans should be placed inside some type of secondary containment that will catch spills. A five gallon bucket or plastic tote works well for this purpose.
- Spray painting is not allowed while boats are in the water.
- Contact the county to locate an off-site disposal facility. Do not dispose of any liquid paint, solvents or other hazardous wastes in the marina trash receptacles or any solid waste container. Completely dry all paint cans before placing in the trash.
- All hazardous waste must be disposed of properly. Do not dispose of the following in the marina trash receptacles:
- Fuel, used oil, used oil filters, antifreeze or transmission fluid
- Paints, solvents or varnish
- Wet shop rags
- Buy only the amount of materials you need. Use up remaining paint if possible. Take excess paints and chemicals home or dispose of them at the local hazardous waste facility. Do not discard these materials in the sewer or storm drains.
- Store usable chemicals, coatings and fuels securely on-board to prevent accidental overboard discharge. Do not store any hazardous or flammable materials on the dock, in lockers or elsewhere in the marina.
Solid Waste Disposal
- Securely store all garbage for shore-side disposal. “If it goes aboard, it comes ashore.”
- Dispose of all garbage in the marina trash receptacles.
- Collect all pet waste in plastic bags and dispose of in the marina trash receptacles.
- Let empty paint cans dry out completely before disposing of them in the marina trash receptacles.
- Recycle aluminum, cardboard, glass, plastic drink bottles and newspapers.
- Whenever possible select non-disposable containers for food and other items to minimize waste and chance of losing overboard.
Stormwater and runoff
- No pressure washing of any kind is permitted in upland areas except on approved pressure wash pads.
- No boat or vehicle washing is allowed in marina parking areas.
- No dumping of any material into storm drains.