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137 Neptune Lane
PO Box 1188
Deltaville, VA 23043
Regatta Point Yachting Center Slip Rental Agreement Terms
Our insurance company requires that you provide us with a certificate of insurance listing Regatta Point Yachting Center, Inc. as an additional named insured.
1 This space rental agreement for a Slip at Regatta Point Yachting Center, Inc., 137 Neptune Lane, Deltaville, VA (hereinafter called LESSOR) and the undersigned owner (hereinafter called Lessee), is for the period and may be renewed for additional periods upon written agreement of both parties regarding rates, conditions, space involved, and payment of all specified fees and services. Lessee agrees to give 30 day written notice of intent to vacate. Rental payments are non-refundable except where noted below. If LESSEE does not contact LESSOR to terminate space rental agreement upon expiration of specified rental time period, at LESSOR’S option, automatic renewal shall occur under the same terms as the original agreement at the current posted rate. If the vessel is sold by Virginia Yacht Sales, slip fees will be prorated. If vessel is sold by a third party or by owner, then slip fees will not be prorated.
2. The current rate for the period is as indicated on invoice and/or original agreement (check or cash; additional fee of 3% for credit cards) payable in one installment in advance. Rates for additional periods will be charged in accordance with rates posted in the office. Interest at the rate of 2% per month will be charged on past due accounts. If payment is not received within 45 days of the renewal date, LESSOR reserves the right to remove LESSEE'S vessel from the premises, unless prior arrangements have been made before the renewal date. In this case, LESSEE shall be deemed a holdover tenant on a month-to-month tenancy. LESSOR shall only be required to give a five (5) day notice to quit informing Tenant that he or she is being evicted from the slip and the boat may be removed from the premises for storage. LESSEE agrees to pay any and all storage fees until the boat is removed. Tenant also will be responsible for all cost associated with moving and hauling the boat. Tenant agrees to hold LESSOR harmless damage or injury.
3. The LESSEE certifies that his/her boat is covered by a full marine insurance policy (hull coverage plus protection and indemnity for no less than one million dollars), and agrees to release and discharge LESSOR from any and all responsibility or liability for injury (including death), loss or damage to persons or property resulting, caused by, or growing out of the uses of LESSOR’ s storage or marina facilities, whether such damage or injury be occasioned by fire, theft, collision, wind, high/low water, ice, rain, act of god or any other condition. LESSEE shall supply LESSOR with a certificate of insurance evidencing the current insurance policy and naming LESSOR as an additional insured. LESSEE shall insure that all premiums are timely paid on such policy.
4. LESSEE acknowledges the LESSOR shall have statutory maritime liens (state and federal) upon the LESSEE'S boat and equipment to secure all rental fees and other charges incurred upon the boat. LESSEE agrees to reimburse LESSOR for reasonable attorney fees and costs relating to efforts by LESSOR to collect any amounts due under this agreement. No boat shall be removed from its space, for any reason, until all fees are paid in full, unless moved by LESSOR to store and make room for a new tenant. LESSEE and LESSEE's personal representatives, heirs, assigns and successors in title hereby agree to defend, indemnify, and hold harmless the LESSOR and its agents, managers, members, stockholders, directors, and their respective successors in title, of and from any cost, expense or liability resulting from negligence of the LESSEE, LESSEE’s agents, invites or from the unsafe condition of LESSEE’S boat. If there is a ship's mortgage or bank lien on LESSEE'S vessel, then they shall provide the name of such lending institution and a contact person. Please take notice that LESSOR shall move to acquire title on any vessel abandoned pursuant to Virginia Code Section 29.1-733.1.
5. The LESSOR shall retain the right to designate dock space in its sole discretion. Reasonable efforts shall be made to assign LESSEE the space of his/her choice; however, the right of other tenants and the LESSOR’s business judgment shall also be relevant factors in assignment of dock space. The LESSEE shall not assign, transfer, or sublet the assigned dock space to another party.
6. LESSOR may refuse to rent dock space to any person, for any reason.
7. Use of any charcoal grill or open flame device on the docks or on boats at the docks is prohibited. LESSEE shall keep the area clear of all materials, supplies, hoses, and accessories and shall not construct thereon any storage lockers other than approved fiberglass lockers. LESSEE shall not paint or perform other operations on the docks that might damage the dock surface.
8. The marina is a No-Discharge Zone; therefore, LESSEE shall not dispose of sewage, refuse, oil or any waste in waters of the dockage areas. Any costs associated with LESSOR’s removal of such waste shall be solely paid by LESSEE, including any reasonable attorney's fees incurred by LESSOR.
9. LESSEE may work on his/her boat in the marina, as long as such work does not create dust, noise, safety hazards, or interfere with the rights of other tenants or the operation of the marina. No paint removal or items that could cause environmental hazards are allowed. To comply with insurance regulations, if LESSEE wishes to employ outside service personnel, prior written approval must be obtained from the LESSOR and evidence of a standard certificate of workman’s compensation and liability insurance coverage in an amount equal to that carried by LESSOR must be submitted by outside service personnel and remain on file in the main office. Without such coverage, all outside service work must be handled through Regatta Point, Inc., and a 25% handling fee will be added. Outside service personnel are required to sign in and out daily in the main office, are to work only in designated service areas from 8:00 am to 4:30 p.m. Mondays through Thursdays and are to adhere to standard yard policy as posted in the marina office. LESSEE is responsible for any and all damage caused by outside service personnel in their employ to any other vessel or premises at the marina and for any expense by outside service personnel in their employ involving any necessary introduction to LESSEE’ s vessel, clean-up of service area or inspection of LESSEE’s boat following outside service personnel work.
10. All boats are required to be winterized in the winter months, i.e., December 15 through March 1. NO unattended electric heaters are allowed. LESSOR does not guarantee that electrical service shall be continuous (due to ice, storms, high water, or other causes). LESSOR shall have the right to disconnect any electrical system or appliance which in the LESSOR’s reasonable opinion constitutes a fire hazard. Electric meter reading will be billed separately (where applicable) by Dominion Va. Power.
11. LESSOR retains the right of inspection of the premises and the right to inspect the boat from time to time for compliance with safety regulations. If the condition of the boat, with respect to maintenance, or for any other reasons, is, in the reasonable opinion of the LESSOR, dangerous to the boat, the premises or other boats in the LESSOR’s facilities, LESSOR may cancel this lease after notifying LESSEE and rebating, following the re lease of the slip, the unearned rental to the end of the term of the lease unless LESSEE shall, in the reasonable opinion of the LESSOR, make a reasonable effort within (10) days of such notice to remedy such condition: but LESSOR shall have the right in the meantime to take appropriate action to remedy the hazard created thereby. LESSOR shall have no duty, however, to inspect owner's boat or cancel the lease and LESSOR does not hereby assume any liability for the safe condition of the boat or condition of the demised premises attributable to LESSEE. If LESSOR terminates the lease, then it shall have the ability to store the boat and charge storage fees as set forth in Section 2 of this lease.
12. LESSEE shall not use the premises for any commercial activities whatsoever. No advertising or soliciting, including OWNER FOR SALE signs, will be allowed on any boat within the marina without the LESSOR'S written consent.
13. Pets shall be leashed and walked in designated areas only, and shall not disturb other tenants. LESSEE must clean up after his or her pet. No pets are permitted within the pool or clubhouse area. No exotic pets are allowed.
14. LESSEE shall notify the marina office when leaving the berth unoccupied overnight. LESSOR reserves the right to rent any slip when vacant. One half of any electricity fees collected by LESSOR from transient boats occupying LESSEE’s space will be deducted from LESSEE’s account.
15. LESSEE agrees that in case of emergency LESSOR may move his/her boat from space rented to any other mooring place at LESSEE’s risk and expense, provided, however, that LESSOR shall not be required to provide this service. In cases of predicted extreme weather if, in LESSOR’S sole opinion, conditions are expected to become dangerous to tenants and employees, LESSOR may require LESSEE to remove his or her boat from the premises. LESSEE shall be responsible for any damage.
16. It is expressly understood and agreed that this is a lease and not a storage or bailment contract and LESSOR has not duty and assumes no liability nor reponsibility for the control, care, maintenance or protection of LESSEE'S boat or property.
17. Violation of any of the above terms and conditions, or any disorderly or offensive conduct by LESSEE or his or her guests which might injure a person, cause damage to marina property, or harm the reputation of the marina, shall be cause for immediate dismissal from the marina. Should violation of any of the terms of this agreement, or posted at the marina occur, LESSOR shall have the option of terminating his obligations and this agreement immediately, and LESSOR may remove the boat from the space at the owner's risk and expense and retake posession of the slip space.
18. This lease is made and to be construed under the laws of the Commonwealth of Virginia.
19. LESSEE agrees and consents to the jurisdiction of the courts of Middlesex County, Virginia as the appropriate venue for dispute which arises under the terms herein, LANDLORD AND TENANT EXPRESSLY WAIVE ANY RIGHTS TO A TRIAL BY JURY.
20. If any provision of the Lease shall be prohibited or held invalid by applicable law, that provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision of the remainder of this Lease.
21. Any notice to any Party shall be deemed to have been given if mailed, certified, postage prepaid, to the address of the Party as evidenced by these documents.
22. This Lease shall be binding upon the Parties, their heirs, personal representatives, successors and assigns and shall inure to the benefit of the LESSOR and its successors and assigns and any future holders thereof. Each Party agrees not to assert against any future holder of this Lease any claim or defense they may have against the LESSOR or its assigns.
23. LESSOR reserves the right to amend any Rules and Regulations from time to time.
24. In the case of default by LESSEE, LESSOR reserves the right to terminate the lease, repossess the slip and/or remove the vessel from the premises.