Welcome to the Maggie Island Marina

Transcription

1 VISITOR WELCOME PACK Maggie Island Marina 123 Sooning Street, Nelly Bay, Magnetic Island QLD 4819 E: M: P: F:

2 Welcome to the Maggie Island Marina All vessels entering Magnetic Island Marina should be aware of the protocol required by the Townville Harbour Master regarding entering and departing the Nelly Bay Harbour Magnetic Island. The following is to be abided by: All vessels should announce themselves on channel 16 VHF ENTERING the harbour: All vessels, all vessels, this is (VESSEL NAME) entering Nelly Bay Harbour Magnetic Island DEPARTING the harbour: All vessels, all vessels, this is (VESSEL NAME) departing Nelly Bay Harbour Magnetic Island IMPORTANT NOTICE: All vessels should be aware that the Ferry and Car Barge have right of way in the Nelly Bay Harbour entrance channel at all times. If you are entering or departing while the Ferry or Car Barge is in the channel it is a courtesy to give way. Please be aware that the harbour has a mean low tide minimum of 2.5m Lat Our call sign is Maggie Island Marina, we monitor channel 16 and 22 our working channel is 15 We look forward to meeting you and hope you have safe passage to Magnetic Island. If you have any queries please contact us on the numbers below. Marina Office: Marina mobile: Marina Manager: Brian Corbett Maggie Island Marina 123 Sooning Street, Nelly Bay, Magnetic Island QLD 4819 E: magneticmarina@bigpond.com M: P: F:

3 REGISTRATION FORM MARINA BERTH MOORING AGREEMENT AND INDEMNITY This Agreement and Indemnity on the reverse is made on the day of 20. between Maggie Island Marina (ACN ) and the Marina User as described in the Reference Schedule. REFERENCE SCHEDULE VESSEL NAME... REGISTERED OWNER... MARINA USER S NAME... POSTAL ADDRESS PHONE (H)... (W)... (MOB) COMPANY NAME (if applicable) ABN NUMBER (if applicable) YACHT CLUB..... MEMBERSHIP NO VESSEL S MAKE... LENGTH. BEAM... DRAFT... VESSEL TYPE... ENG HP... DIESEL PETROL INBOARD STERN DRIVE OUTBOARD VESSEL REGISTRATION NO. SAIL NO INSURANCE: Please provide a current certificate of Insurance that provides the name of the Insurance company, policy number, expiry date and limit of public liability insurance. INSURANCE COMPANY:... START DATE:... END DATE:... ALLOCATED BERTH NO... BERTH RENTAL START.../... /.BERTH RENTAL END.../.../... 3 PHASE METER READING (ARRIVAL)...3 PHASE METER READING (DEPARTURE)... TAX INVOICE (rent is payable in advance) RENT PAYABLE $... ADD. SERVICES $... INCIDENTAL COSTS $... SUB TOTAL $... (INC $... GST) SECURITY DEPOSIT $... TOTAL $... WARNING: SEE AGREEMENT AND INDEMNITY ON REVERSE MARINA USER S NAME... MARINA USER S SIGNATURE In paying the rental receipted and/or occupying the marina berth, the Marina User acknowledges that a contract has been entered in to between the Marina User and MIM, the Minister, the State, the Marina Manager and any lessee, sublessee, agents or licensees on the conditions set out on the reverse. Accepted for and on behalf of MIM... CREDIT CARD AUTHORISATION Blue on Blue, Maggie Island Marina, Nelly Bay Harbour Magnetic Island I authorise for my marina mooring fees and other applicable charges to be debited from my credit card until further notice. I understand that MIM will send the completed credit card voucher with the sales voucher. Credit Card Details: (tick) MASTERCARD VISA Card No. / / / Expiry Date / Name on Card... Signature... Date.....

4 MAGGIE ISLAND MARINA, NELLY BAY HARBOUR, MAGNETIC ISLAND, QLD 4819 PH (07) FAX (07) MOB This Agreement is made between Motor Finance Direct P/L trading as Maggie Island Marina (ACN ) and the person or corporation named in the Reference Schedule as the Marina User. WHEREAS: 1. The Marina Manager conducts the Marina to allow boats to be kept at a Berth upon and subject to certain conditions and restrictions. 2. The Marina Manager has agreed under this Marina Berth Mooring Agreement and Indemnity to permit the Marina User to moor at the Berth of the Vessel for the Term upon the following terms and conditions, and with the restrictions and at the rate of rental set out in the Reference Schedule. THE PARTIES AGREE AS FOLLOWS: 1. Definitions In this document, the following words shall, unless the context otherwise requires, have the following meaning: 1.1 Berth means any Berth within the Marina; 1.2 Head Lease means the state tenure, being Term Lease 0/219713; 1.3 Lessee means the lessee of the Berth; 1.4 Major Repairs means major repairs as referred to in Rule 8.1 of the Marina Operating Procedures. 1.5 Marina means collectively the Magnetic Island Marina, Nelly Bay Harbour, Magnetic Island together with all other land, either adjacent to or in the vicinity of the Marina that may from time to time be incorporated into the Marina for any purpose and includes all buildings, moorings, berths and other structures erected or to be erected on such land, and also includes all plant, equipment and other articles or chattels of any kind either leased, managed or owned by the Marina Manager; 1.6 Marina Manager means MIM and also any authorised officer of the Marina Manager as advised from time to time but shall also include at all times, the person holding the position of Manager; 1.7 Marina Operating Procedures means the document titled Marina Operating Procedures for Blue on Blue Magnetic Island Marina ; 1.8 Marina User means the party identified in the Reference Schedule and includes their agents, invitees, guests, assignees and persons within the Marina; 1.9 Minister means the Minister administering the Land Act 1994; 1.10 Minor Repairs means minor maintenance as referred to in Rule 8.2 of the Marina Operating Procedures. Released Matters means the matters set out in clauses to ; 1.11 Services means all services or systems of any kind from time to time provided to the Marina and/or the Berth, including without limitation, the provisions of security, lighting, power, water, removal or disposal or garbage or other electronic media and all services or systems from time to time utilised or access to the Marina and all wires, cables, pipes, conduits, tanks, cisterns, electrical, mechanical plant and those plant; 1.12 Services Connection Information Sheet means Schedule One to the Marina Operating Procedures; 1.13 Term means the period between the berth rental start date and berth rental end date specified in the Reference Schedule; and 1.14 Usage means the agreed use of the Berth. At no stage is the Marina User permitted to vary the designated usage, as stated in this Marina Berth Mooring Agreement and Indemnity, without the express written agreement of the Marina Manager Vessel means the vessel identified in the Reference Schedule. 2. Use and Enforcement 2.1 During the Term, the Marina User is entitled to use the Berth for the mooring of the Vessel. 2.2 The Marina User agrees to pay the rent including any GST. 2.3 Non-compliance with this Marina Berth Mooring Agreement and Indemnity (or with the directions given by an authorised officer) either by act or omission, without reasonable cause, is a breach of this Marina Berth Mooring Agreement and Indemnity. 2.4 A breach of this Marina Berth Mooring Agreement and Indemnity may result in: the issue of an infringement notice; removal of the offender from the Marina; exclusion of a Vessel from access to the Marina; court action/proceedings being initiated against the offender; or limitations being placed on the Marina User s Usage. 3. Marina Operating Rules and Procedures 3.1 The Marina User agrees to be bound by and observe all terms and conditions contained in the Marina Berth Mooring Agreement and Indemnity. 3.2 The Marina User acknowledges that these terms and conditions apply in conjunction with the Marina Operating Procedures and other relevant rules, regulations and legislation applicable to the Marina, including the terms of the Head Lease. 3.3 The Marina User acknowledges that they have been provided with an opportunity to peruse a copy of the Marina Operating Procedures. 4. Entering the Marina 4.1 All Vessels entering the Marina must be in a seaworthy condition and under their own power. 4.2 Vessels must be registered and have comprehensive insurance for the market value of the boat and third party insurance covering personal injury (including death) to any person and damage to property, arising out of the use of Vessel and/or Marina, in the sum of at least Ten Million Dollars ($10,000,000.00) and be maintained and equipped as required by law, especially in regard of firefighting equipment. 4.3 A four (4) knot speed limit and no wash exists in all navigable areas of the Marina inside an imaginary line between the breakwaters. 4.4 Marina Users are advised that the entrance to the Marina is quite narrow, and because of its shape, there is a blind corner for Vessels arriving and departing. 4.5 In the Marina, large commercial Vessels with restricted maneuverability will be operating alongside other Marina Users. 4.6 Marina Users are to comply with general safety obligations and must know the international regulations for preventing collisions at sea. 4.7 Vessels must be insured for a sum not less than the market value of the Vessel. 5. Berthing 5.1 Only one (1) Vessel for each Berth is permitted. 5.2 Vessels must be moored in a safe, secure, water tight, seaman like and proper manner. 5.3 Mooring of Vessels must be to bollards to cleats provided for that purpose and designated by the Marina Manager. 5.4 Mooring to any other structure is not permitted at any time. 5.5 Vessels must not moor in a Berth where the Vessel dimensions exceed the maximum Vessel dimensions for that Berth. 5.6 Berthed Vessels and associated belongings must not overhang or obstruct any part of the Marina, including pontoons, common areas, walkways and adjacent Berths. 6. Access to Vessels 6.1 Marina Users must provide safe and secure access for crew, passengers, visitors, contractors and authorised officers to a Vessel moored in the Marina, in compliance with all relevant rules and regulations. 6.2 Gangways should be stored safely and not impede access by either vehicles or pedestrians and not impede clear access to any fire fighting equipment. 6.3 Ignition keys plus a list of authorised people permitted to have access to the Vessel should be left with the Marina Manager if the Vessel is to be unoccupied for a period exceeding fourteen (14) days. 7. Utilities and Services 7.1 Each Berth within the Marina is supplied with a 15amp 240v single phase power and 20mm water connection. Additional charges apply to larger connections. 7.2 Additional Services will be provided at cost to the Marina User on the terms specified by the Marina Manager from time to time. 7.3 The Marina User agrees that connection to the Marina Services, including power connections, will only be made in compliance with the Services Connection Information Sheet.. 8. Disposal of Waste and Sewerage 8.1 The Marina User will not drop, discharge or place overboard from the Vessel any litter, filth, sewerage, build contents, dry or wet refuse, waste material or any other substance, other than clean water. 8.2 Marina Users must dispose of all rubbish and refuse in the bins and containers provided. 8.3 The Marina User must vacate the pump out station immediately following the request from the Marina Manager or Emergency Services. 9. Maintenance and Repair Rules 9.1 Major Repairs are prohibited in the Marina. 9.2 Minor Repairs may be carried out with the Marina Manager s consent. 10. Costs and Indemnity 10.1 Any damage, incident or hazard within the Marina must be reported to the Marina Manager immediately The Marina User and or Registered Owner agrees to pay to the Marina Manager on demand, the costs (including legal costs) associated with the repair of Marina, for damage caused by a Vessel or a person associated with Vessel, the removal of a hazard created by the Vessel, and/or damage caused by Vessel to another vessel in Marina. 11. Risk 11.1 The Marina User uses the Marina, occupies any Berth, and/or uses any facility in the Marina at their own risk. 12. Release 12.1 To the extent permitted by law, the Marina User hereby releases the Minister, the State, the Marina Manager, any Lessee, and MIM (and its officers and employees) against any loss, cost, expense, damage, claim, and liability of any kind (including liability in negligence) that they incur or become liable for due to the Marina User s use of the Marina or Berth or in connection with any of the following Released Matters: damage, loss, injury or death to a person; damage, loss or injury to property; the exercise of any right under any lease; the state of repair or condition of the Marina or the Berth; Services provided to the Marina or any Berth; construction of the Marina and any matter relating to the Marina; or depth of the Marina To the extent that the provisions of this clause 12 constitute a promise for the benefit of a third party within the meaning of the Property Law Act 1974: MIM is taken to be the agent of each beneficiary of the promise; and Execution of this Marina Berth Mooring Agreement and Indemnity by MIM is taken to constitute acceptance of the promise by each beneficiary. 13. Indemnity 13.1 To the extent permitted by law, the Marina User hereby indemnifies the Minister, the State, the Marina Manager, any Lessee, and MIM (and its officers and employees) against any loss, cost, expense, damage, claim, and liability of any kind (including liability in negligence) that they incur or become liable for due to the Marina User s use of the Marina or Berth or in connection with any of the Released Matters.

5 MAGGIE ISLAND MARINA, NELLY BAY HARBOUR, MAGNETIC ISLAND, QLD 4819 PH (07) FAX (07) MOB No Warranty 14.1 The Marina Manager makes no warranty or representation as to the sufficiency, safety or adequacy of the Marina or any Services provided for use within the Marina, and no such warranty or representation is to be implied from anything said or written, including any representations as to the depth of the Marina The Marina User acknowledges that they use the Marina in the condition, state of repair and adequacy from time to time at their own risk in every respect. 15. Compliance with Head Lease 15.1 The Marina User must comply with the Head Lease, including the following: The Marina User must not: (a) Destroy or interfere with any vegetation, forest products or quarry material (including any stone, gravel, sand, earth, soil, rock, guano or clay) in the Marina; (b) Interfere with any navigation mark or lights erected within the Marina; (c) Live aboard or allow the Vessel to be used as a permanent place for human habitation; (d) Occupy any Berth other than the Berth indicated on the Reference Schedule; or (e) Store or permit to be kept or stored in the Marina, any materials of a dangerous, flammable, explosive or hazardous nature The Marina User must: (a) Only use the Marina for marine purposes; (b) Comply with lawful requirements of the Townsville City Council, (c) Environmental Protection Agency, Queensland Transport and Great Barrier Reef Marine Park Authority; and (d) Keep sight line of any navigation leads clear from obstructions. 16. Miscellaneous 16.1 Fishing Fishing is prohibited inside the Marina at all times Pets Pets are not allowed within the Marina Refueling Refueling of any kind is prohibited in the Marina Nuisance All Marina Users must adhere to requirements under the Environmental Protection Act 1994 and associated Environmental Policies The Marina Manager may cease any activity considered to negatively affect other users and surrounding areas Disorderly conduct will not be tolerated and may result in the ejectment from the Marina Vessels must not become unsightly (this includes hanging washing, personal items or signs on Vessels) Vessels must reflect favourably on the general appearance and reputation of the Marina Security The Marina User is responsible for the security of their own Vessel and Property Jellyfish Stings The Townsville area is prone to box jellyfish and irukanji jellyfish species. First aid should be administered immediately in the event of an actual or suspected jellyfish sting General Children must be accompanied by an adult at all times within the Marina.

6 IMPORTANT NOTICE TO ALL MARINA USERS RE: ACCESS TO RESORT FACILITIES Dear Valued Marina Users, Please note the following whilst staying at Magnetic Island Marina: Swimming Pools & BBQ Areas No Access. Unfortunately due to Body Corporate restrictions marina users are not permitted to utilize these facilities at any time. Amenities (Shower/toilets & Laundry Unit 2151 and 2152) Access permitted 6.00am to 11.00pm only. Marina gate key will allow access to these rooms. Laundry Washing Machine and dryer are coin operated. Please ask for directions for the facilities at the Marina Office. Access to Marina Please note that the lagoon pool area adjacent to Reception is not to be used as a thoroughfare to the marina walkway. Access is only via the walkway between the marina office and the Boardwalk Restaurant & Bar. We appreciate your understanding with this process and encourage you to contact the Marina Manager on should you have any queries. Enjoy your stay. Regards, The team at Maggie Island Marina

7 MARINA BERTHS ARM C ARM B SOONING STREET BLUE ON BLUE ARM A LEGEND ARM D P.O.T. FIRE HOSE REEL & EXTINGUISHER PUMP OUT SINGLE HYDRANT DUAL HYDRANT MULTIHULL