Oddities in Marina Agreement

M

Mike...

New member
Hello to all...

This is my first time entering into a slip agreement, and in reading the contract, there are a few things that surprise me.

I'd be interested in getting opinions from other c-brats on this:

1. In cases of emergency, or if I violate any part of the agreement, or if I become disorderly or offensive, they can remove my boat from the slip at my risk and expense. I have no problem with the expense part, but why at my risk?

2. I cannot leave any portable device plugged in when not on the boat. This is a deal-killer for me, as I am unwilling to go through another summer without a dehumidifier running in the boat. We fought the battle with mold last year, and I am not doing that again. On this, though, I'll bet they will make an exception.

3. I must name them as an additional insured on my insurance. Is this standard practice?

4. I must notify them if my boat is not going to be in the slip overnight -- and they reserve the right to rent the slip if I am not in it overnight. Getting paid twice for the same slip just doesn't seem fair.

So, what do you all think?
---
mike
 
Hi Mike,

Yes, those items are fairly typical with marina agreements. They are trying to protect themselves... if you get out of line (drunk and dancing naked on top of your boat), they want to be able to just haul your boat out and not have to deal with you. If your boat should get crunched while towing it out, they are again covering their butts. Don't be disorderly or offensive and it is a non-issue.

If electricity is included in your slip rental, they don't want you running an air conditioner when no one is around to benefit from that cool air. That really runs up their cost. If you are on a meter, they are still looking to cover their butts by directing the blame if you leave your dehumidifier running and it starts a fire. You can ask them if that's OK, but they will likely say "No exceptions." Kinda silly, since most boats in slips have an on-board battery charger that is running any time the boat is plugged in. Same with refrigerators. I see that you have two choices here: don't tell 'em about your dehumidifier and hope that it never catches fire, or tell 'em and have them tell you "no."

Regarding the insurance: yes, they want YOUR insurance to pay as much as possible if you or your boat does damage. If you start the fire above, they want to be covered for damage to docks, other boats, etc. More butt covering.

Yes, most marinas "double dip" - rent out your slip to a transient if you are not in it. I really don't like this idea if you are paying your own electricity. If not, you really aren't out anything... they just benefit when you aren't there. It doesn't seem right; after all, you already paid for it... shouldn't you get any slip rental for YOUR slip when you aren't in it?? Yeah, they don't see it that way. As a monthly slip renter, you are already getting a break from the nightly price (generally)... so, when you're away, it's good for them. Pretty standard.

There are some real up-sides to being in a slip... everyone talks about the immediate access to your boat, not having to launch each time you'll go out, etc... but there is also the social aspect. We really enjoyed most of our marina neighbors when we rented a seasonal slip in the past. A lot of folks would just come to the marina and spend the night on their boat and not take the boat out. Not my idea of the best use for a boat, but it IS an inexpensive (rent-wise) "cabin on the water."

The down-side is additional maintenance on the boat, like bottom paint and/or scrubbing. Some marinas have locked access, but security can be problematic. I like a marina with a liveaboard community, because there is ALWAYS someone around... a very good neighborhood watch.

Kinda fun to sit out in the cockpit and toast to your slip neighbors as the sun goes down. Not for everyone, so (as always) - you pay your money, you make your choices.

Best wishes,
Jim B
 
JamesTXSD":5ypmw9m6 said:
... if you get out of line (drunk and dancing naked on top of your boat), they want to be able to just haul your boat out and not have to deal with you.
Click to expand...

This is precisely why, I save all my naked drunk boat dancing for C-Brat gatherings. Marina owners have far less leverage over transients.

C-Brat Pro Tip: Dance drunk and naked on your buddy's C-Dory, then retire to your own to sleep it off when he's given the boot. TomCat roofs are the best - they have the largest dancing area.
 
One of my kids taught me a lesson: just line out the part of the agreement you don't want, and see if they buy it. Has worked for me, just depends on how hungry they are.

I was taught legal documents were inviolate, my kids learned better.

Boris
 
Mike,

I sit on our local Port and Harbors Commission and echo Jim B's opening statement "They are trying to protect themselves". It is about limiting risk.

#1 Some (Not all) people will attempt to claim even the slightest scratch occurred when harbor personnel touched their boat. Oh the stories your typical Harbormaster can tell....

#2 My bet on the portable device rule is that they are very concerned about fire. Quite a few multiple boat fires have started in one unattended boat that had a space heater or other such device short out. Boat fires spread amazingly fast and are hell to put out. Harbor personnel have been seriously injured attempting to deal with the consequences and live-aboards have died. Easier to just prohibit all portable devices in the contract and then the liability is a bit easier to place on the individual.

#3 Oh yeah, very standard on commercial leases for most "space", boat, vehicle or tenant. You may also need to have a Certificate of Insurance sent to them on a yearly basis proving that your policy is in effect. I manage a dock as well and if I don't get that yearly insurance cert, the owner gets a short period of time to get it in or else the next guy on the waiting list finally gets his slip.

#4 Getting paid twice is indeed a standard. May sound unfair but when you are traveling and show up in someone else's harbor wanting to spend the night, you'll probably appreciate being berthed. As a slip holder, what stinks is coming back late at night and finding your slip is occupied without being asked. They are trying to avoid that with this clause in that this way they know if you plan on coming home that night. Charging twice helps keep your slip fees lower than they would be without that policy.

Your questions are very valid, my bet is that the HarborMaster or staff will be happy to explain their reasons if they are asked in a polite manner. The longer I sit on our local P&H Commission, the more I realize how lucky we are to have such a dedicated staff. They deal with folks that are just downright criminal, vulgar and frequently under the influence, yet they carry no sidearms and don't get anywhere near the compensation nor compliments for how serious they take their work.

I'd ask the Harbormaster what you could use for a dehumidifier. Believe me, many boat owners use them. My bet is that they will have a list of what you can use and/or how they will allow you to use it. It is rare to have a Harbormaster who does not absolutely love boats, but like most business folks they also have a lawyer helping them to stay in business.
 
Da Nag":1lgiap0p said:
JamesTXSD":1lgiap0p said:
... if you get out of line (drunk and dancing naked on top of your boat), they want to be able to just haul your boat out and not have to deal with you.
Click to expand...

This is precisely why, I save all my naked drunk boat dancing for C-Brat gatherings. Marina owners have far less leverage over transients.

C-Brat Pro Tip: Dance drunk and naked on your buddy's C-Dory, then retire to your own to sleep it off when he's given the boot. TomCat roofs are the best - they have the largest dancing area.
Click to expand...
:shock:
I've got to go to more CBGT's - with a camera that has a bright flash.
 
rogerbum":2hijagv7 said:
Da Nag":2hijagv7 said:
JamesTXSD":2hijagv7 said:
... if you get out of line (drunk and dancing naked on top of your boat), they want to be able to just haul your boat out and not have to deal with you.
Click to expand...

This is precisely why, I save all my naked drunk boat dancing for C-Brat gatherings. Marina owners have far less leverage over transients.

C-Brat Pro Tip: Dance drunk and naked on your buddy's C-Dory, then retire to your own to sleep it off when he's given the boot. TomCat roofs are the best - they have the largest dancing area.
Click to expand...
:shock:
I've got to go to more CBGT's - with a camera that has a bright flash.
Click to expand...

Some are dancers, some are gawkers. Go for the gusto, Roger... put down the camera and get in the conga line! :mrgreen:
 
i take one exception to the above stated reason's why a marina would demand to be listed as additional insured.
being named as additional insured extends liability coverage from your policy to the marina, so that, should a loss occur, caused by you or your vessel and damage or injury is done to the property of others, and the marina is named as co-defendant, your policy would pay for their defence and would equally pay, to the limit of coverage, for any judgement awarded to the injured person and/or property damage.

should you or your boat cause damage to the marina's property, your property damage/liability coverage would pay for such damage, if you are held responsible, whether the marina was listed as additional insured or not.
pat

ps: you are not charged additional premium to add a person or business as additional insured, for personal lines policies, so, the marina picks up additional coverage, at no cost to you or them, so, why shouldn't they ask for it?
 
A friend of mine owns Arabella's Landing in Gig Harbor. Here's their policy (from their website) regarding temporary rental of someone's permanent slip: If a resident boat is going to be out overnight, the slip is automatically released into the overnight rental pool. If the slip is rented while the permanent residents are away, half of the fee collected is credited against the permanent moorage account.
I never realized this was unusual - it just seems reasonable, and beneficial to all parties.
 
Another reason why the marinas want to be named on your policy is so that they know that you have insurance. This is to protect all the tenants as well as themselves. If you cancel your insurance, the marina gets a notice.

While it may be annoying to have to go thru the naming the marina on your policy stuff, it is nice to know that your neighbors have insurance.
 
It's not just marinas regarding the insurance. When we were in business, we would do a display twice a year in a large regional shopping mall. The mall required that we carry $1 million insurance and name them as an additional insured... in case one of our display prints unwired itself from a rack and jumped on a small child. Everyone has to cover their butts, and if you rent space to someone for any purpose, there is likely going to be insurance required.

On our island, when we have visitors, they have to show proof of insurance to drive their car in. I let friends know, but some are still miffed (not sure why). It's the nature of the lawsuit beast.

Marinas are no different from other businesses who rent space.

Best wishes,
Jim B.
 
There are even some marinas who require that you get a rider from your insurance company to cover them while you are a transcient...sure makes things difficult. Generally these are in metropolitan areas. When you get out in the boonies, we are never asked about insurance.

Unforatunately all of the items which the OP listed are what is the "standard" currently. When we were cruising full time we didn't have insurance--because the policy cost over 10% of the value of the boat--and had restrictions which we could not live with (locations and crew). We carried a personal umbrella, and personal property insurance from USAA. A few places in Europe asked for our insurance policy--I gave them a copy of what we had, and never any questions asked.

As for the dehumidifier. I don't know what you have, but if it is like the Mighty Dry, I would hard wire it into the boat. Since this is a compressor type, it is not going to have the fire risk of the heater type of dehumidifier. Of course the question is do you want to carry that along wtih you all of the time?
 
With regards to the dehumidifier, why not just use a large desiccant? On my 26 foot sailboat, I had some minor mold/mildew problems and using the larger container desiccants solved that problem.
 
Thanks to all for the replies.

I did discuss the issues with the Mariana, and they were quite friendly about the conversation. They agreed, without hesitation by the way, to let me write in the exception for the dehumidifier.

I figure the other issues can wait until my renewal next year, after they have known me for a while and are comfortable that I am a good tenant.

Dr. Bob, I would love to use the Mighty Dry, but I can't find one. It seems they are no longer manufactured.

mjsiega, I tried four or five (can't remember which) of the large Damp Rid buckets, and the house was still drippy. So, if you ask me, they don't work.
---
mike
 
I am not sure how available they are, but the Stainless Steel version DH 5 has een replaced with a powder coated version: DH 10. I would try and find one of the older units. I have two of them, working all summer.
 
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