Embarcadero Cove Enterprises,LLC
A. General Rules and Regulations
1. Marina Management: The Marina Management has the authority of interpretation and enforcement of the following regulations. The Marina Management may require relocation to different slips as needed for marina operations.
2. Required Information: The owners of the vessels berthing in Embarcadero Cove Marina shall furnish to the Marina Management all personal and vessel information sought on the rental application and checklist. Every undocumented vessel must be registered and numbered as provided by laws of the State of California. A copy of current registration for the vessel must be provided upon entrance to the marina and must be maintained. Boats with outdated or no registration stickers will be required to provide the Marina Office with proof of current registration.
3. Water Safety: Water Safety of children is the responsibility of their parents/guardian. All children are required to be under the supervision of their parents/guardian at all times while in the marina and are strongly encouraged to wear PDF's at all times while on the docks.
4. Charges: The charges for rent are due and payable on or before the 5th of each month and will be delinquent on the 6th day or each month. Embarcadero Cove Marina will not mail bills for the monthly rental fees: responsibility for timely payment rests with the vessel's owner. Delinquent payment shall include a penalty of an additional $10.00.
5. Leaving the Marina: 30 days notice is required in writing prior to leaving the marina. Boats that vacate without 30 days written notice will be required to pay an additional 30 days as of the date that the Marina Office is made aware of this.
6. Vessel Traffic within the Marina: All vessels within Embarcadero Cove Marina must be operated in a safe and prudent manner. The speed of any vessel within these areas must not exceed 3 MPH by motor or sail. All physical contact with boats in the marina is to be reported to Marina Management. Failure to do so will result in immediate termination of rental agreement.
7. Condition of Vessel: All vessels shall be kept in a dean, well maintained and operable condition at all times while berthed at Embarcadero Cove Marina. Every vessel must be seaworthy and leave the marina under its own power once a year. This must be cleared with the Marina Office. Boats unable to make it outside the marina under their own power at least once a year will be considered un-seaworthy and will be given notice to vacate the marina.
a. If equipped with an engine or motor, it must be operable and capable of producing sufficient way to make the Vessel maneuverable. If the vessel is a sailboat without an engine, it must be equipped with sails, and its standing and running rigging must be seaworthy. All vessels must be property documented or registered according to the laws of the U.S. Coast Guard safety regulations.
b. The Marina Management may require that owners maintain the vessel's appearance, including regular cleaning, maintenance and replacement of all painted and varnished surfaces, all bright work, rigging, safety equipment and or other appurtenances.
c. If the vessel is in a sinking condition, in a state of disrepair as determined by the Marina, or if she is deemed by the Marina to pose a health, safety of pollution risk, Embarcadero Cove Marina may require the immediate removal of the vessel at the Owner's expense.
8. Transfer of Space: Owners may not sublet or assign the berth or space rented under this agreement. In the event of a sale, no right shall accrue to the purchaser .
9. Disposing of Refuse: Discharge of any waste material into the water of Embarcadero Cove Marina is strictly forbidden, Violators will be reported and subject to fine from U.S. Coast Guard and will result in immediate termination of your rental agreement. All garbage must be deposited in receptacles provided for that purpose.
a. Embarcadero Cove Marina prohibits the use of detergents and emulsifiers on fuel or oil spills. In the event of a spill, the vessel Owner is required to immediately notify the Marina Office, the U.S. Coast Guard and all other agencies, as required by law. Owner shall also immediately take all necessary actions to remove spilled substances from the water and from pilings, vessel and other surfaces impacted by the spill. The Owner shall if necessary retain the services of a professional pollution response company.
b. Motor oil may not be left in or near Embarcadero Cove Marina garbage cans. Boat owners found improperly disposing there motor oil will have their rental agreement immediately terminated.
c. Vessels Wlth automatic bilge pumps shall be maintained in such a manner as to prevent the discharge of contaminants.
d. Overboard discharging of heads or holding tanks is forbidden by law and by Embarcadero Cove Marina. If the boat is equipped with a head or other permanent installation designed to hold human waste, the vessel must be equipped with a marine holding tank. Marina Management may require inspection of such heads/mstallation and may deposit a dye tablet into any waste holding tank if deemed appropriate for any reason.
e. For informatjon on the nearest Pumpout Station see the "San francisco Bay Pumpout Guide and Map" pub!Jshed by Cal Boating, available at the Marina Office.
f. No waste from boats may be disposed of in the Marina toilets, sinks, storm drains, or other drainage areas. The exception to this is the emptying of portable toilets designed for lavatory disposal.
g. Open containers of paint or tpther maintenance supplies are prohibited on the docks. Liquids must be stored only in sealed containers aboard the Owner's vessel or off the Marina's premises.
10. Commerdal Activities: No person shall conduct commercial activities of any kind within the marina without permission of Marina Management.
11. Unnecessary Disturbance: Excessive noise of any kind will not be permitted. This includes the tapping of halyards against spars. It is the owner's responsibility to secure his / her halyards. Violators will be charged S25 service fee in the event the Marina personnel have to secure halyards.
12. Electrical Power and Water: Electricity and water are provided for your convenience. While not aboard, however, the electrical power is not to be used for cabin heaters, refrigerators and water heaters. Your electrical cord must be marine grade.
13. Dock Debris: We do not allow any debris on docks. We do not allow lightweight boarding platforms wider than 1/2 the finger width. They may not be used for storage. Under no circumstances may other gear, equipment, storage boxes or dinghies obstruct the dock.
14. Prolonged Absence: If your vessel is to be absent from the marina for 1 or more months, Marina management will, if given adequate notice, attempt to sublet the berth for the duration and 1/2 of the collected rent will be credit to your account.
15. Maintenance and Care in Berthing: All vessels shall be berthed with proper care and lines are kept in such condition as to meet with the approval of Marina Management. In the event that lines are not so maintained, the Marina Management may supply line and/or fittings necessary at vessel owner's expense.
16. Living on Vessels: Without written approval of the Marina Office, no vessel may be used as a residence. Vessels may be used for eating and sleeping purposes for a period not to exceed 6 days per month, providing the shore-side sanitary facilities are used.
17. Certificate of Insurance: Minimum $300,000 liability including salvage and clean up with Embarcadero Cove Marina named as additional insured. You must request this from your insurance company which is provided by the carrier to you at no additional cost.
18. Parking: The first two rows of the 2000 Embarcadero parking lot are available to the Marina Tenants for parking. Please do not park in the spaces available to Embarcadero Cove Marina building tenants or the vehicle will be towed at the owner's expense. The parking lot is not to be used for storage of old cars, motorcycles or anything else for that matter. Any vehicle that remains unmoved for 30 days or more without specific approval of Marina Management must be removed and is subject to being towed at the owner's expense.
B. Other Miscellaneous Rules and Regulations:
1. Fishing and Swimming in the Marina 1s prohibited.
2. No spray painting, sand blasting or gripding is allowed on the docks.
3. No running on the docks is permitted.
4. Dogs must be on a leash.
5. Chartering or teasing of vessels from Embarcadero Cove Marina is not permitted.
6. Defacing or modification of docks is not permitted (i.e.) nailing, drilling etc.
7. NO BBQ's are allowed on the docks.
8. No storage of chemicals or solvents, other than household cleaning agents.
9. Every vessel must leave the marina under its own power once a year. This must be cleared with the Marina Management.
C. Liability for Bodily Injury & Property Damage Loss:
Not withstanding anything contained in these rules, regulations and application to the contrary, the Vessel Owner hereby
assumes all liability for Bodily Injury, or Property Damage loss that may arise from the maintenance use and the operation of
the Vessel and any and all equipment and vehitles appurtenant thereto, subject to, or arising out of the rental agreement.
D. Agreement to Hold Harmless :
In addition, the Vessel Owner hereby agrees to defend, indemnify and hold harmless Embarcadero Cove Marina, its Directors,
Officers, members, Employees, Agents or Assigns from any and all claims arising out of the rental agreement.
Principal Owner Signature ________________________________________________ Date_________________________________
