INDIAN HARBOR YACHT CLUB Greenwich, CT

Transcription

1 INDIAN HARBOR YACHT CLUB Greenwich, CT 2017 MOORING AGREEMENT This Mooring Agreement for the year 2017 (hereinafter referred to as the Mooring Agreement ) constitutes a contract between the vessel owner (hereinafter referred to as OWNER ) and Indian Harbor Yacht Club (hereinafter referred to as IHYC ) governing the mooring of OWNER s Vessel and associated services provided by IHYC in 2017 only. Please complete the information requested under OWNER DETAILS, COMMISSIONING and VESSEL DETAILS below. The Mooring Agreement must be completed, signed and returned to IHYC even if OWNER does not commission OWNER s mooring in i No Mooring will be commissioned unless IHYC has received a completed and signed Mooring Agreement along with the certificate naming IHYC as an additional insured as described in Section 18. If this contract is not completed and returned to IHYC by June 1, 2017, IHYC will assume the OWNER does not wish to commission OWNER s mooring, and IHYC will bill OWNER the $ non-commissioning fee specified below. OWNER DETAILS Name of OWNER: IHYC Member No.: Mailing address where notices may be sent: (Street, City, Zip) Address where notices may be sent: Telephone numbers where we may reach you for issues demanding immediate attention. List numbers in preferred order. (Primary Phone Number) (Secondary Phone Number) (Other optional) COMMISSIONING If you wish to have a mooring commissioned in 2017: Do you wish to commission your existing mooring in 2017? ii Yes No Do you wish to purchase a new mooring for commissioning in 2017? Yes No o Type of pennant Standard (Nylon) Spectra o Include storm bridle? If yes, nylon or spectra (circle one)? Yes No Please complete the remaining information requested under VESSEL DETAILS below, sign, date and return the Mooring Agreement to the Front Desk in the IHYC Clubhouse along with your certificate of insurance (COI) naming IHYC as additionally insured, as well as your declaration page. The certificate is needed be on file with IHYC to comply with IHYC and Town of Greenwich ( Town ) regulations. Failure to have a conforming COI is subject to a non-refundable $250 IHYC fee per week, and yachts may be subject to directed sea-tow by the Town or the Harbormaster if not produced on demand by IHYC Indian Harbor Yacht Club Mooring Agreement Page 1 of 8

2 If you do NOT wish to have your mooring commissioned in 2017: Please note that OWNER s mooring may be removed or moved from its present location in the mooring field at OWNER s expense, if space is needed for active moorings or for any reason determined in the discretion of IHYC, and please note the fees specified in Section 7 of the TERMS AND CONDITIONS of the Mooring Agreement for non-commissioned moorings. A fee of $ per year will be charged if the mooring is not commissioned. A mooring that is not commissioned for 3 consecutive years shall be purchased by IHYC for $1.00 per pound. Please skip the questions under VESSEL DETAILS below, sign, date and return the Mooring Agreement to the Front Desk in the IHYC Clubhouse. If you wish to sell, abandon or otherwise no longer use your mooring: Please notify the Marine Department by ing: dbruce@indianharboryc.com IHYC reserves the exclusive right to purchase the OWNER s mooring at $1.00 per pound. Member to member transactions regarding moorings are not permitted. VESSEL DETAILS Name of VESSEL: Vessel Type (sailing yacht, motor yacht, etc.): Vessel Manufacturer Model Year of Manufacture Length Overall (LOA): Beam: Draft: Displacement: Vessel Construction: Upper Hull Color: Bottom Color: Federal Documentation #: CT Registration #: Lock Combination: (Not Mandatory) Location of key on Vessel: (Not Mandatory) Scheduled arrival date of Vessel at IHYC in 2017*: Insurance Company: Insurance Broker/Agent: Contact: Phone #: Include your conforming Certificate of Insurance and Declaration Page *Scheduling the Vessel s arrival date is critical and required for planning and to be considerate of those who provide proper notice. The Marine Department will make all reasonable efforts to commission OWNER s mooring on or just prior to this date. However, in no event will IHYC be obligated to commission a mooring if this completed Agreement is received less than 2 weeks prior to the scheduled arrival date of the Vessel. A $ fee for any such inadequate notice shall apply Indian Harbor Yacht Club Mooring Agreement Page 2 of 8

3 OWNER AND IHYC AGREE AS FOLLOWS: TERMS AND CONDITIONS 1. Season - The Services and Additional Services provided by IHYC to OWNER hereunder will only be available from April 1, 2017 to November 12, 2017 (hereinafter referred to as the Season ). No mooring will be commissioned before April 1, 2017, and all moorings will be de-commissioned on or about November 12, OWNER hereby agrees not to moor or otherwise keep OWNER s vessel (hereinafter referred to as OWNER s Vessel ) at IHYC before April 1, 2017 or after November 12, Basic Services If OWNER s mooring (hereinafter referred to as OWNER s Mooring ) is commissioned in 2017, IHYC will provide the Basic Services described below for OWNER s Mooring, plus any applicable additional labor and materials: - Annual inspection of red line assembly. - Annual inspection of bridles and chafing gear. - Commissioning and de-commissioning of OWNER s Mooring and registering with the Town and Harbormaster. - Removal and installation and repairs or replacement of winter stick. - Once every 3 years lifting of OWNER s Mooring for inspection and cleaning of the mushroom and rode. - Replacement of chain and shackles as necessary during this every-third-year inspection. - Grappling of sunken red line assembly as necessary 3. Mooring Commissioning Fees - OWNER shall be responsible to remit fees for commissioned moorings to IHYC based on the following scale for the Season plus the additional fees noted below. The fees stated below shall apply regardless of the dates of commissioning, de-commissioning, and other services provided by IHYC and regardless of the amount of time OWNER s Mooring is used by OWNER during the Season. Anchor Weight Fee Anchor Weight Fee up to 250 lbs. $ $ 1, $ $ 1, $ $ 1, $ 1, $ 1, $ 1, $ 1, $ 1, $ 1, $ 1, $ 1, $ 1,825 - An additional fee of $ is charged for each mooring to defray the cost of the launch service. - An additional fee of $75.00 is assessed on a yearly basis by the State appointed Harbor Master, and collected by the Town of Greenwich for each registered mooring in Long Island Sound waters that is commissioned by IHYC within the jurisdiction of the Town of Greenwich. IHYC has been directed by the Town to collect this fee from owners of all moorings managed by IHYC and remit the sum of the fees to the Town. Vessel information must be complete and validation and subsequent registration and all applicable responsibilities of the OWNER rest with the OWNER, who shall cooperate fully with the applicable authorities, and when applicable through IHYC Indian Harbor Yacht Club Mooring Agreement Page 3 of 8

4 4. Type of Mooring - In 2016 IHYC began standardizing mooring setups and now offers only barrel-type moorings. No new redline, soft, or hard-ball-type moorings will be permitted. Existing moorings will continue to be maintained by IHYC, but owners are encouraged to adopt a barrel-type mooring. 5. Materials - In addition to the fees set forth in Section 3 above, OWNER shall be responsible to pay IHYC the manufacturers list prices then in effect for all materials used in connection with the Basic Services described in Section 2 above and the services, repairs, welding and Additional Services described in Sections 5, 6, and 7, below. In addition to this itemized cost a 25% overhead charge will be applied to all materials billing. 6. Repairs to Bridles and Chafing Gear - OWNER will be charged separately for repairs performed by IHYC to bridles or chafing gear pursuant to the Basic Services described in Section 2 above, or otherwise provided by IHYC, and OWNER shall be responsible to pay IHYC an hourly rate of $ per hour for all labor associated with repairs to bridles and chafing gear, as well as the manufacturers list prices then in effect for all materials used in connection with repairs to bridles and chafing gear. An additional 25% overhead charge shall apply to all materials. 7. Welding - OWNER will be charged separately for welding repairs performed by IHYC and/or IHYC s contractor to mooring anchors and associated equipment pursuant to the Basic Services described in Section 2, or otherwise provided by IHYC and/or IHYC s contractor, and OWNER shall be responsible to pay IHYC an hourly rate of $ per hour, and/or to reimburse IHYC at contractor s hourly rate, for all labor associated with welding repairs to mooring anchors and associated equipment. OWNER shall also be responsible to pay to IHYC the manufacturers list prices then in effect for all materials used in connection with welding repairs to mooring anchors and associated equipment, plus a 25% materials overhead charge. 8. Additional Services IHYC Marine Department staff can be used to accomplish a variety of mooring maintenance and upgrade services (e.g. addition of a storm bridle). Any requested service or work order must be done in writing and ed to dbruce@indianharboryc.com with a specific listing of the desired services. In addition, a clear requested completion date must be identified. If the work order requires or requests an estimate, the Marine Department will provide OWNER with an itemized estimate, inclusive of all fees and charges. A specific direction to complete the estimate will be required, unless clear authority to proceed otherwise has been given in the original work order. A request date shall be reasonable, and Marine Department staff are not obligated to meet any dates not specifically agreed to or interfered with by weather, delivery, or other unforeseen conditions that may arise. Marine Department staff will notify OWNER of all completed requested services or necessary changes to all work orders. All services in connection with OWNER s Mooring, except for commissioning and de-commissioning, shall be subject to charge based on a rate of $ per hour per worker. Other specific service charges: - Move mooring within field, plus any permit fees: $.50/ lb - Non-commissioned annual mooring fee: $ flat fee 9. Billing - OWNER will be billed for the Basic Services described in Section 2 above upon the commissioning of OWNER s Mooring. If the mooring is not commissioned, Owner will be billed upon receipt of the Agreement or by June 1, whichever is earlier. For all other services and Additional Services, OWNER will be billed as the services are approved and performed. 10. Launch and Dock Usage - Launch services are limited to IHYC commissioned and permitted moorings in authorized IHYC mooring areas only. IHYC will provide launch service to and from OWNER s IHYC commissioned Mooring during the Season above at no additional charge to OWNER with the exception of the fees outlined in Section 3. The IHYC docks will be available for use by OWNER s Vessel during the Season, at rates listed in the 2017 Waterfront Notice. Use of launches and docks are subject to the IHYC Protocols concerning Guest Privileges and House Rules, the Waterfront Notice, and all other rules issued by IHYC from time to time related to the management of the marine facilities. - Contractors needing to utilize the Club Launch service shall defer to any member who is using the launch service and to limit any launch use to less-active times of the day Indian Harbor Yacht Club Mooring Agreement Page 4 of 8

5 - Members with guests who are utilizing the launch are asked to be present with their guest aboard the launch whenever possible. At the discretion of the Marine Chairman, if guests are observed to be excessively using the launch service without a member present, they may be asked to suspend use and/or have a member present for any future use. 11. Storm Warning and Preparation - Notwithstanding weather information provided by IHYC on the IHYC website or otherwise, IHYC does not warrant or otherwise assume any responsibility or liability whatsoever for the accuracy of the said weather information or to provide information or warnings to OWNER regarding impending weather conditions. Nor does IHYC assume any responsibility or liability whatsoever to prepare OWNER s Vessel or OWNER s Mooring to withstand storms or severe weather or water conditions. From time to time, IHYC will publish and/or distribute to members information with respect to storm preparation of members vessels and moorings. This information is meant as guidance only and IHYC does not warrant or otherwise assume any responsibility or liability for OWNER s or other members adherence to this guidance or the effectiveness of the guidance in preventing damage to OWNER s Vessel or other property, or injury to OWNER, OWNER s crew, invitees or guests, or other persons, caused or contributed to, in whole or in part, by weather and/or water conditions and/or the negligence of IHYC, its directors, officers, members, employees, agents, and/or servants. Any storm preparation of OWNER s Vessel and/or OWNER s Mooring by IHYC, whether done voluntarily or at the request of OWNER, shall be done hereunder and shall be governed by the terms and conditions hereof. OWNER hereby assumes sole, exclusive, and complete responsibility for the preparation of OWNER s Vessel and Mooring for severe weather and water conditions, including removal of OWNER s Vessel from the mooring fields or docks as necessary. 12. No Boatkeeping or Bailment - OWNER hereby acknowledges that IHYC is not a marina or boat storage or repair facility, that the mooring fields are not property owned, leased or otherwise held by IHYC and that IHYC is merely authorized by governmental authorities to provide access to OWNER s Vessel and other vessels kept in the mooring fields. OWNER further acknowledges that IHYC is not and shall not be the keeper, bailee or warehouseman of OWNER s Vessel or any property aboard OWNER s Vessel at any time, whether OWNER s Vessel is moored in the mooring fields, docked at IHYC s docks, or temporarily landed ashore at IHYC s facilities. IHYC does not hereunder, and shall not at any time, undertake to control, safe keep, care for, repair, possess, or otherwise maintain custody of OWNER s Vessel or any property aboard OWNER s Vessel. No bailment relationship exists between OWNER and IHYC. Nor shall a bailment relationship be created hereunder or by the mooring, docking and/or temporary landing ashore of OWNER s Vessel at IHYC. 13. Ownership and Responsibility - OWNER hereby acknowledges that OWNER s Mooring is the property of OWNER, whether commissioned or not. Notwithstanding the Basic Services, Additional Services, and other services provided by IHYC hereunder in connection with OWNER s Mooring, including, but not limited to, procurement, assembly, fabrication, installation and repair of moorings, anchors, chains, equipment, fittings, bridles, lines, and chafing and other gear, IHYC does not warrant the adequacy, effectiveness, sufficiency of size or weight, fitness for intended purpose, maintenance, repair, or condition of the aforementioned moorings, anchors, chains, equipment, fittings, bridles, lines, and chafing and other gear, or any part thereof. IHYC disclaims, and OWNER hereby waives, any warranty of workmanlike performance in any and all Basic Services, Additional Services and any other services provided by IHYC hereunder. OWNER remains solely, exclusively, and completely responsible for OWNER s Mooring, including, but not limited to, the following: - That the location of OWNER s Mooring is appropriate and adequate for OWNER s Vessel and swing. - That the mooring anchor, chains, lines, and associated fittings and gear are of adequate size, weight, type, and materials for OWNER s Vessel. - That the mooring anchor, chains, lines, and associated fittings and gear are in good condition and properly maintained. - That the mooring bridles and associated fittings and gear are of adequate size, diameter, length, type and materials for OWNER s Vessel Indian Harbor Yacht Club Mooring Agreement Page 5 of 8

6 - That the mooring bridles, and associated fittings and gear are in good condition and properly maintained. - That the mooring bridles have adequate and appropriate chafing gear, properly positioned, made fast and secured to prevent its coming loose or causing chafing to bridles. - That OWNER s Vessel is properly tied and secured to OWNER s Mooring. - That all anchors and appurtenances in way of mooring lines are stowed, secured, or removed from OWNER s Vessel such that they do not in any way interfere with mooring lines. - Vessel OWNER shall promptly respond to all appropriate Harbormaster, Town of Greenwich, or Army Corps of Engineers directives and coordinate as appropriate with the Marine Department. 14. Location of Mooring in Fields - IHYC will make reasonable efforts to place OWNER s Mooring in a safe location that is suitable to OWNER and for which space is available in the IHYC authorized areas and as permissible by the Town of Greenwich and/or Harbormaster. However, ownership of a mooring does not entitle OWNER to any particular location in either mooring field currently managed under permit by IHYC or under the direction of the Town of Greenwich, the State of Connecticut, the Harbormaster appointed by the State, and the Federal Government. 15. Assumption of Risk - OWNER hereby assumes any and all risks of damage and/or injury to OWNER, OWNER S Vessel, crew, invitees, and guests, and other vessels, property, and persons, and any responsibility and/or liability for said damage and/or injury, arising from and/or resulting from and/or caused by, in whole or in part, the following: (a) any cause whatsoever relating to OWNER s Mooring, including, but not limited to, the location, use, condition, size, diameter, length, chafing, failure, malfunction, parting, breakage, damage and/or shifting of OWNER s Mooring; and (b) any cause whatsoever relating to OWNER s Vessel, whether underway, moored, docked, or temporarily landed at IHYC or in the mooring fields, including, but not limited to, causes involving the navigation, operation, unseaworthiness, malfunction and/or failure of OWNER s Vessel, its equipment and/or appurtenances, and/or errors and/or omissions by OWNER, OWNER s crew, invitees, and/or guests. 16. Release and Indemnity of IHYC - OWNER hereby agrees to release, indemnify, defend, and hold harmless IHYC, its directors, officers, members, employees, servants, agents and assigns from and against any and all claims, demands, actions, proceedings, and/or liability for damage and/or injury, of any kind whatsoever, to OWNER, OWNER s Vessel, crew, invitees and guests, and other vessels, property, and persons, arising from and/or resulting from and/or caused by, in whole or in part, (a) any cause whatsoever relating to OWNER s Mooring, including, but not limited to, the location, use, condition, size, diameter, length, chafing, failure, malfunction, parting, breakage, damage and/or shifting of OWNER s Mooring; and (b) any cause whatsoever relating to OWNER s Vessel, whether underway, moored, docked, or temporarily landed at IHYC or in the mooring fields, including, but not limited to, causes involving the navigation, operation, unseaworthiness, malfunction and/or failure of OWNER s Vessel, its equipment and/or appurtenances, and/or errors and/or omissions by OWNER, OWNER s crew, invitees, and/or guests, REGARDLESS OF WHETHER SUCH DAMAGE AND/OR INJURY AROSE FROM AND/OR RESULTED FROM AND/OR WAS CAUSED BY, IN WHOLE OR IN PART, THE NEGLIGENCE AND/OR FAULT OF IHYC, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND/OR SERVANTS IN CONNECTION WITH ANY AND/OR ALL BASIC SERVICES, ADDITIONAL SERVICES AND OTHER SERVICES PROVIDED HEREUNDER. (See requirement to name IHYC as an ADDITIONAL INSURED on OWNER s insurance policy in Section 18.) 17. Release of IHYC - Owner hereby agrees to release and hold harmless IHYC, its directors, officers, members, employees, servants and assigns from any and all claims, demands, actions, proceedings, or liability for damage and/or injury to OWNER s Vessel, crew, invitees or guests and other vessels, property, and persons, arising from and/or resulting from and/or caused by, in whole or in part, (a) any cause whatsoever relating to a mooring owned by another member or IHYC, including, but not limited to, the location, use, condition, size, diameter, length, chafing, failure, malfunction, parting, breaking, damage and/or shifting of said other mooring; (b) any cause whatsoever relating to another vessel, whether underway, moored, docked, or temporarily landed at IHYC 2017 Indian Harbor Yacht Club Mooring Agreement Page 6 of 8

7 or in the mooring fields, including, but not limited to, the navigation, operation, unseaworthiness, malfunction and/or failure of said other vessel; (c) any cause whatsoever relating to the use of the IHYC launch service or dock space; or (d) any cause whatsoever relating to the storage of any gear or equipment on the IHYC premises, REGARDLESS OF WHETHER SUCH DAMAGE AND/OR INJURY AROSE FROM AND/OR RESULTED FROM AND/OR WAS CAUSED BY, IN WHOLE OR IN PART, THE NEGLIGENCE AND/ OR FAULT OF IHYC, ITS AGENTS, AND/OR SERVANTS IN CONNECTION WITH THE SERVICES AND ADDITIONAL SERVICES PROVIDED HEREUNDER. (See requirement to name IHYC as an ADDITIONAL INSURED on OWNER s insurance policy in Section 18.) 18. Release of the Town of Greenwich - Owner hereby releases the Town of Greenwich, as well as its officers, agencies, departments, designees and employees from any and all claims, damages, or losses of any kind, including legal costs, arising out of the use of any mooring location that may be assigned to that Owner or any equipment, or maintenance or repair thereof, that may or may not have been provided to Owner. 19. Insurance - OWNER hereby agrees to obtain a yacht insurance policy on the OWNER s Vessel prior to its arrival at IHYC. Such policy shall be placed with an insurance carrier with an A. M. Best rating of A or better, and shall provide coverage for hull, equipment, machinery and personal property, as well as protection and indemnity (marine liability) with limits of $500,000 per occurrence. OWNER hereby agrees to have IHYC added as Additional Insured to said yacht policy and to provide a certificate of insurance to IHYC. 20. Rules - OWNER hereby agrees to abide by the rules, regulations, by-laws and policies of IHYC and any updates thereof. OWNER s failure to abide by these rules, regulations, by-laws and policies shall be deemed a breach of the Mooring Agreement. 21. Governing Law; Dispute Resolution - OWNER and IHYC hereby agree that this Mooring Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Connecticut, excluding those relating to conflicts of law and except to the extent preempted by United States admiralty law, and that any claim or dispute that cannot be resolved by the parties will, at the option of either party, be submitted to binding arbitration by a single arbitrator under the rules of the American Arbitration Association. Any such arbitration shall be conducted in the Town of Greenwich or other location mutually agreed by the parties and the arbitrator. The costs of such arbitration shall be split equally by the parties unless the arbitrator directs otherwise. 22. Severability - If any provision or provisions of this Mooring Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 23. Entire Agreement - This Mooring Agreement, including the IHYC documents referred to herein, constitutes the entire agreement between OWNER and IHYC with respect to the subject matter hereof and contains all the representations, warranties, covenants, and agreements between OWNER and IHYC with respect the subject matter hereof. This Mooring Agreement shall not be altered, changed or modified unless done so expressly in writing signed by both parties hereto Indian Harbor Yacht Club Mooring Agreement Page 7 of 8

8 My signature below certifies that I have read, understand and agree with this Mooring Agreement and its Terms and Conditions. X Date PLEASE RETURN THIS COMPLETED MOORING AGREEMENT AND CERTIFICATE OF INSURANCE TO THE IHYC FRONT DESK OR FAX TO (203) OR TO WATERFRONT@INDIANHARBORYC.COM i. Any IHYC member who shall, for part or all of the 2017 mooring season, moor OWNER s Vessel in, keep OWNER s Mooring in, or otherwise utilize, the mooring fields for which IHYC is designated as the Harbor Master, or for which IHYC is otherwise authorized to provide access to, by the Town of Greenwich, CT, or other authority, is required by IHYC rules and policy to enter into the Mooring Agreement and shall be bound by terms and conditions of the Mooring Agreement. No mooring will be commissioned, and no IHYC member s boat will be allowed in the mooring fields unless the Mooring Agreement is first completed and signed by the member and returned to IHYC along with a copy of the Additional Insured clause referenced in Section 18. Vessels at IHYC without valid COIs meeting all minimum requirements shall be subject to $250 per week IHYC fees and possible sea-tow by the Town or the Harbor Master. ii. If OWNER is a newcomer to IHYC or is an existing member who requests a new or different mooring, OWNER s Vessel may be placed on a temporary mooring at no charge at the start of the season due to delays associated with the purchase of equipment and mooring placement and set up. All applicable Terms and Conditions hereunder shall govern the mooring of OWNER s Vessel notwithstanding that he or she does not own the temporary mooring. iii. OWNER s Vessel may be placed on an IHYC owned or other temporary mooring while OWNER s Mooring is being located and or serviced. All applicable Terms and Conditions hereunder shall govern the mooring of OWNER s Vessel notwithstanding that he or she does not own the temporary mooring Indian Harbor Yacht Club Mooring Agreement Page 8 of 8