BREWER WICKFORD COVE MARINA Quality Yacht Service

Transcription

1 BREWER WICKFORD COVE MARINA Quality Yacht Service 65 Reynolds Street, Wickford, RI Tel Fax August 29, 2016 Dear Brewer Members, I sincerely hope that you and your family enjoyed a wonderful summer on the water. I d like to thank each one of you for once again choosing to be a member of the Brewer family. Our crew at Wickford Cove is pleased to provide our clientele with year-round, quality service and we continually strive to exceed our clients expectations. Rest assured that your total satisfaction is our primary goal. As the 2016 boating season draws to a close, we hope you ll look to the capable crew at Brewer Wickford Cove for the winterization and layup of your boat. While making arrangements for winterization and storage, please also spend a few minutes considering off-season projects. Fall is the perfect time to review the punch list of repair items that surfaced during the season. Give us a call if we can be of assistance; we re happy to discuss projects and help you prioritize any repairs or upgrades you d like to complete prior to the 2017 season. With a small amount of planning, your boat can be dialed in well ahead of your 2017 launch date. In an attempt to simplify the winter layup and spring commissioning processes, we are enclosing all the necessary 2017 contract documents in one mailing. Enclosed are the General Marina Rules and Conditions, Winter Storage Contract, Winter Work Checklist, Shrink Wrap Order Form, Slip/Mooring Contract, Spring Checklist, Dinghy Dock Contract, Trailer Storage Agreement and Credit Card Authorization Form. Please take a few moments to review, complete, and return the enclosed documents that apply to your vessel. Other 2017 documents, such as the Summer Land Storage Contract, Rate Sheets, Hurricane Haul-Out Policy, and BWCM Environmental Policy are available at the office. If you have any questions, please call us at (401) or stop by the marina office. General Marina Rules and Conditions: This document clearly states the general policies of Brewer Wickford Cove Marina. If you have any questions regarding our policies, please call the office. Please initial, sign and date this form and return it to the office with your first contract submission. Winter Storage Contract: Please fill out the enclosed contract and return it with your completed Winter Work Checklist and a deposit equal to half the storage fee in order to guarantee a spot for your boat this winter. Please ensure your contract and checklist are completed in their entirety and please remember to initial and sign both forms. Winter Work Checklist: Attached to the Winter Storage Contract is the Winter Work Checklist. Please use the enclosed checklist to select your desired winterization and de-commissioning services. Any desired winter work that does not appear on the checklist can be added at the bottom of the form or to a Work Request form at the marina. Please return the Winter Work Checklist with the Winter Storage Contract, even if you perform your own winterization. We use the Winter Work Checklist in conjunction with the Winter Storage Contract to build our hauling schedule each fall. Shrink Wrap Order Form: This form has been included should you wish to cover your boat this off-season. Brewer Yacht Yards are also now offering canvas Fairclough Winter Covers at special pricing. We like these reusable covers because they reduce waste and are more breathable than plastic covers. Please give us a call for more information regarding Fairclough covers. Summer Slip/Mooring Contract:

2 We are offering a 5% discount on 2017 slips and moorings for winter storage customers who properly execute a slip or mooring contract by October 15, 2016, so long as all payments are made in full by January 15 th, The customer priority for slips and moorings remains as follows: 1) existing year-round customers, 2) new winter storage customers wishing to secure a slip or mooring, 3) existing seasonal customers and, 4) walk-in customers. All contracts returned before the October 15 deadline will be date-stamped upon receipt and prioritized accordingly. Slip and mooring contracts received after the October 15, 2016 deadline will be given lower priority. Please include a minimum non-refundable $500 deposit when you submit your completed slip/mooring contract. If your slip or mooring is confirmed, the contract balance can be paid in-full or incrementally using our three-payment plan (payments due Jan 15, Feb 15 and Mar 15). As always, we will do our best to assign you the space you desire, but the complex realities of the marina business dictate that BWCM must reserve the final right of slip/mooring assignment. We anticipate that slip/mooring assignments will be confirmed by mid-december. Remember, receipt of a blank contract from us is not a guarantee of slip or mooring availability for your boat. Spring Checklist: Please fill in the desired launch week and ensure that it matches the date selected on your Winter Work Checklist. Review the commissioning tasks offered on the checklist and select the services you desire. There is space at the end of the checklist, which can be used to request spring commissioning tasks not listed on the contract. If the work you have in mind doesn t relate to commissioning or is complex in nature, please visit us at the office and fill out a Work Request. Dinghy Dock Contract: The dinghy dock is free to BWCM slip and mooring customers. If you are a 2017 slip or mooring customer, please fill out the form completely and mark the NO CHARGE box. We use this information in our dinghy sticker program. Trailer Storage Agreement: Please fill out this form if you wish to store an empty trailer at the marina. All trailers must be labeled with the customer or boat name. Credit Card Authorization Form: This document should be filled out only if you wish to use your credit card for payments. Option #1 is to have all payments automatically charged to your card. Option #2 is for elective use contact us to use the credit card on file to settle an account balance. Other Reminders: Please pump out your holding tank before hauling. We can provide this service if you wish; just check the appropriate box on the Winter Work Checklist. If you fill your fuel tanks before hauling, please fill them only 3/4 full to account for fuel expansion and to prevent overflowing in warm spring weather. Please check your boat periodically over the winter storage season to avoid a flooded bilge and a mildewed interior. If you have any questions please don t hesitate to contact me at (401) or lcolantuono@byy.com. Thank you, Larry & Crew

3 BREWER WICKFORD COVE MARINA GENERAL MARINA RULES AND CONDITIONS DEFINITIONS: When capitalized and used herein, the term Marina shall refer to the boatyard or marina named above, its owner, operator and any affiliates or successors; the term Owner refers to the Vessel s owner, owner s agents and/or representatives; and the term Vessel refers to the vessel s hull, equipment and all other vessel related property of the Owner when the vessel is stored at the Marina. LAWS APPLICABLE: The parties to this contract are governed by applicable federal, state and local laws and regulations, including those of EPA, OSHA and state environmental offices. APPARENT OBLIGATION AND SEVERABILITY: Due to the magnitude of potential liability, no language in the Marina s contract or associated documents authorizing the Marina to take specific actions on the Owner s behalf shall be construed to create an obligation on the Marina s behalf. The parties agree that if any part of this contract is deemed unenforceable by an administrative agency or court of law, the remainder of this document shall remain in full effect and binding upon the parties. APPARENT AUTHORITY: The Marina is unable to police the various representatives of an Owner. Therefore, the Owner agrees that unless the Marina is notified in writing beforehand, anyone in possession or apparent charge of the Vessel shall be deemed to have the authority to act on behalf of the Owner, and the Marina shall be entitled to accept and act in reliance upon orders or requests of such persons for services, supplies, work or other materials of any kind for the benefit of the Vessel. OWNERSHIP BY ENTITY: In the event that Ownership of a Vessel is a corporation or entity other than an individual, the person signing this contract on behalf of the Ownership shall be jointly and personally liable for all obligations of the Owner under this contract. ABSENCE OF SECURITY: This contract contains no provision or obligation for the providing of on-site security, guard service or surveillance by the Marina. While the Marina will make reasonable efforts to provide as secure a facility as possible, the Owner agrees that the Marina shall not be held liable for theft or vandalism or other criminal acts taking place on Marina property. CONDITION OF VESSEL: By signing this contract, the Owner represents that the Vessel is seaworthy and safe to be worked on by the Marina s employees, unless specifically stated otherwise in this contract and initialed by Marina staff. The Owner and the Vessel will be liable to the Marina for any loss, damage or injuries attributable to any such causes not disclosed and that were not reasonably foreseeable by nature of the work involved. WHEN VESSEL IS IN DANGER: If the Vessel is in danger as defined below, the Owner hereby authorizes the Marina to take reasonable and appropriate actions, at the Owners expense, to mitigate the danger. A Vessel shall be deemed to be in danger when it poses a threat of sinking, burning, capsizing, causing a hazard to navigation, causing unlawful pollution, causing damage to Marina property or that of other Marina customers, or if, in the Marina s judgment, the Vessel poses any similar threat. The Owner agrees to be bound by the Marina s actions and shall be fully responsible for all related expenses incurred. INSURANCE REQUIREMENTS: The Owner warrants and stipulates that the Vessel will be fully insured against loss or damage to itself, other Vessels at the Marina and the Marina property. Where adequate coverage is not obtained and maintained, the Owner warrants and stipulates that he intends to act as selfinsurer against such losses. Proof of insurance as well as a valid copy of the Vessel s state registration or federal documentation must be filed annually at the Marina office. INVOICES AND PAYMENTS: Invoices shall be mailed monthly and are due and payable at the time they are rendered. An interest charge not greater than 1.5% monthly (18% annually) will be applied to any balance greater than thirty (30) days past due. The Marina reserves the right to retain the Vessel without additional legal action until such time as all debts are satisfied. Any expense associated with such retention shall accrue to the unpaid balance due and payable before release. If a Vessel leaves the Marina with an outstanding invoice due, the Marina in no way relinquishes its claim to payment or right to regain possession of the Vessel until all debts are satisfied. In addition, the Marina retains full ownership rights in all tangible property installed as part of its work on the Vessel until payment for such work is made in full, including the right to physically remove any such equipment form the Vessel. All payments shall be final and nonrefundable. VESSELS LEFT AT MARINA BEYOND ORIGINAL CONTRACT PERIOD: In the event the Owner does not arrange to have the Vessel removed from the Marina property at the end of the contract period, the Marina may, but will have no obligation to, continue to store the Vessel in a manner most convenient for the Marina, and the rates charged for such storage will be the then-prevailing rates. In such an instance, all terms and conditions regarding collection costs and expenses, including the recovery of attorney s fees, will continue to apply. ENVIRONMENTAL SURCHARGE: The Marina shall have the right to assess a 1.5% surcharge on all invoices to offset the cost of complying with environmental laws and regulations pertaining to the disposal of hazardous materials originating on customers boats and to the operation of the Marina in compliance with such laws and regulations. LEGAL RIGHTS OF THE MARINA: The Owner stipulates and agrees that any and all services provided by the Marina give rise to federal maritime and state liens against the Vessel for the period of time that a debt is owed under this contract. THE VESSEL AND ITS CONTENTS MAY BE SOLD AT PUBLIC AUCTION FOR THE SATISFACTION OF THESE LIENS, and the minimum bid for such auction may be set by the Marina in its sole discretion at an amount sufficient to cover all outstanding debts under this contract, including all expenses, attorney s fees and interest. The proceeds of any sale shall be applied first to the outstanding amount due and then to the expenses of such sale, including attorney s fees, with the remainder, if any, being disbursed to the Owner. DISPUTE RESOLUTION: Claims for adjustment on any bill must be requested within 10 days of bill receipt, after which time no adjustments will be made. The Owner acknowledges that the withholding of payment shall not be an acceptable form of dispute resolution. In the event that the Owner and Marina are unable to

4 agree on the amount due for work performed or services rendered, such disagreement shall be settled as follows: Any complaint about the quality, adequacy or totality of work performed shall obligate the Marina to nothing more than the correcting of such validly demonstrated defects at no additional cost to the Owner. Any claim of unreasonable charges shall entitle the Owner solely to a detailed written and itemized accounting of the charges. In the event that the Vessel has left the Marina, the Owner accepts full financial responsibility for returning it to the Marina for complaints to be assessed and repairs, if any, to be made. In cases in which work is performed by another company to repair an alleged inadequacy of the Marina s work, excluding repairs that are immediately necessary to the safety and welfare of the Vessel and its crew, that work shall indisputably release the Marina from any obligation to correct or discount the work initially performed. RIGHT NOT TO RENEW: The Marina retains the right not to renew this contract and/or the right to assign it to a third party. DAMAGE TO OTHER BOATS IN THE MARINA: In the event the Owner s Vessel causes damage to other Vessels in the Marina or Marina property as a result of fire, sinking, capsize, pollution, improper operation by anyone other than Marina staff, or from any other cause not within the direct control of the Marina, including Acts of God, the Owner agrees to be responsible for such damage. HAZARDOUS MATERIALS: The Marina provides for disposal of all hazardous materials, including batteries, waste oil, solvents, and similar materials. Vessel Owners shall check with Marina office before disposing of any hazardous materials for guidance about the appropriate disposal method. A hazmat transfer box located at the Marina office is available for deposit of used oil, filters, rags and the like. In certain circumstances, charges may apply for disposal of hazardous materials. Disposal of any waste in an improper manner or without consultation of the Marina Office may result in the immediate termination of this contract. Storage of hazardous materials will not be allowed at slip locations. USE OF MARINA DUMPSTERS: Only household waste generated at the Marina shall be put in Marina dumpsters. OVERBOARD DISCHARGE: The discharge of materials overboard from a Vessel is highly regulated. Overboard discharge of human waste, including the pumping of heads and holding tanks into the water of the Marina is illegal and strictly prohibited. The Marina provides holding tank pumpout service at the fuel dock only. USE OF OUTSIDE CONTRACTORS: Owner acknowledges that the Marina is engaged in an entirely private business and is free to exercise its own independent discretion as to the parties with whom it will deal or to whom it will grant access to its premises. Owner acknowledges that the Marina has an interest in the safety of all boats stored or docked on its premises and therefore it has established specific policies with regard to access and insurance requirements. Accordingly, independent contractors or outside labor must check in at the Marina office before working on an Owner s Vessel. Upon checking in, all contractors will be required to demonstrate proof of insurance as outlined in Brewer Yacht Yard Group s Subcontractor Policies (available upon request). The Marina reserves the right to require all subcontractors to bill through the Marina or to pay the Marina an hourly fee for use of Marina facilities. The fee will be set by the Marina Manager on an individual basis after considering the size and nature of the work to be conducted by the subcontractor. A Vessel Owner found to be in violation of these policies will be subject to immediate termination of this contract. The Owner acknowledges that he has been advised of this policy, and consents to the enforcement of this policy. Owner further acknowledges that the Marina does not purport to control Owner s right to utilize the third party of his choosing to perform work on Owner s boat, so long as that work is not performed at the marina. For liability reasons, outside contractors, Owners and captains shall not use Marina ladders or scaffolding or other similar equipment. EXCLUDED WORK: With the exception of shrink wrapping, Vessel Owners are allowed to conduct maintenance or improvement work to the Vessel named on the Winter or Summer Contract only. Shrink wrapping by anyone other than employees of the Marina is expressly forbidden at all times. In addition, Vessel Owners agree to abide by all terms and conditions herein when they conduct any type of work to their Vessels. All sanding of bottom paints shall be done only with a vacuum ( dustless ) sander that captures all sanding residue. All other work must be conducted in accordance with all environmental best practices and rules and regulations in effect. Vessel Owners are responsible for educating themselves about the appropriate rules, regulations and best practices, and failure to do so shall not be acceptable reason for non-compliance with all such standards. FUELING: For pollution prevention reasons, Vessel Owners, their representatives and/or guests may not fill fuel tanks from portable containers at any time while on Marina property. All refueling must take place at the Marina fuel dock (if equipped) under staff supervision. STORAGE OF NON-VESSELS: No trailers, campers or other vehicles may be stored on Marina property without specific permission from Marina manager and a signed storage agreement. CHILDREN: Young children shall be accompanied by an adult at all times and the Marina recommends that all non-swimmers wear lifejackets near the water. Rhode Island state law requires all children under 13 years of age to wear life jackets whenever they are on boats or marina docks. PETS: Pets must be kept on a short lead at all times. Owners must clean up after their pets. Any pets found to be a nuisance to other Marina customers may be required to leave the property at the Marina Manager s discretion. VEHICLE PARKING: Vehicles found to be improperly parked may be towed at the vehicle Owner s expense. Owners of vehicles to be left on Marina property for longer than 48 hours shall make arrangements with Marina manager to be sure vehicle is parked in a place that will not obstruct Marina operations. USE OF ELECTRICITY: Outlets are provided throughout the Marina for customer use. In some cases, use of electricity will be subject to charge by the Marina. Burned out or otherwise damaged receptacles will be repaired by the Marina staff and charged to the Vessel Owner. Voltage regulation and surge protection shall be the sole responsibility of the Owner. All shore power, adapters and electrical plugs must be equipped with acceptable ground weather proofing in accordance with Article 555 of the National Code. In 220 volt, 50 amp systems, the neutral leg does not constitute a ground leg. Under no circumstances shall the Owner attempt to make repairs of Marina electrical equipment or circuits. Owners are not allowed to access power distribution panels. DOCK LIGHTING: There is a dock lighting energy conservation program in effect at BWCM. Some lamps are removed to facilitate this program. If the Owner is concerned about lighting levels on the docks or at their slip, they should discuss it with Marina management. ADVERTISING AND SOLICITING: Advertising and/or soliciting shall not be permitted on Marina property without the written approval of the Marina manager. PHOTOGRAPHS AND IMAGES: From time to time, Marina staff and customers may take pictures of other customers on Marina property or Vessels. Owner consents for himself and Owner s guests that these images may be used by the Marina for purposes such as advertising and display in electronic media without

5 further notification or compensation. All film negatives and positives and electronic images and data shall remain the property of the photographer except where otherwise specified by contract. MEASUREMENT OF VESSELS: The Marina reserves the right to measure all Vessels for accurate billing purposes. Total length of a Vessel will be measured including any bow sprits or pulpits, swim platforms and/or similar protuberances or extensions. NATURE OF RELATIONSHIP: Owner acknowledges and agrees that neither the rental of summer slip space nor on-land space for winter storage constitute either a landlord-tenant relationship or the bailment of the Vessel and as such the Marina shall have no responsibility or liability to Owner on such basis. LIVEABOARDS: Owner and/or crew are not allowed to live aboard the Vessel while it is in dry storage unless otherwise arranged with the Marina manager. The Owner and/or crew are not allowed to live aboard the vessel while it is in wet winter storage unless otherwise arranged with the Marina manager. Applications for liveaboard privileges at slips or moorings will be evaluated by marina management on a case by case basis. USE OF UNOCCUPIED SLIPS BY TRANSIENTS: The Brewer Customer Card Program depends on all Owners notifying the marina office of the timing of planned departures and arrivals on trips lasting longer than 24 hours. This practice ensures that you will be accommodated at other Brewer Yards when you are out cruising. If you come back to the marina without calling and find a transient in your slip, please accept responsibility yourself and not blame the transient or the dock staff. HURRICANE HAULOUT: The Hurricane Haulout List is open for registration on June 1 of each year. Being on the list gives you a priority number for possible haulout. It does not obligate you to haul out. It does not guarantee a haulout as we may not get to your number on the list. If you choose not to haul out when we notify you that your number is up (or if we cannot reach you with the provided contact information) you will automatically go to the end of the list. Hurricane haulouts are offered at normal hauling and launching rates. The Marina will no have the time during the hurricane haulout sequence to remove masts, booms, sails, canvas, dinghies and the like. Likewise we do not attempt to decommission, clean, stow gear, etc. as our goal is to haul as many boats as possible in a short time period. A Hurricane Haulout is not a substitute for a full end-of-season decommissioning. ACCESS TO VESSEL: Keys or combinations must be left in the Marina office. We encourage the use of combinations. This facilitates access to your boat for service and emergencies. OWNER SIGNATURE DATE BOAT NAME PLEASE RETURN THIS SIGNED AND DATED FORM WITH YOUR FIRST CONTRACT SUBMISSION

6 Brewer Wickford Cove Marina 65 Reynolds Street, N. Kingstown, RI Tel: (401) Fax: (401) Winter Storage Contract OWNER S FIRST NAME OWNER S LAST NAME STREET ADDRESS CITY AND STATE HOME PHONE CELL PHONE ZIP BUSINESS PHONE ADDRESS * INCLUDE ALL OVERHANGING EQUIPMENT VESSEL NAME REG/DOC NUMBER MANUFACTURER YEAR MODEL POWER SAIL MAST IN MAST OUT SLIP # LENGTH OVERALL * BEAM DRAFT INSURANCE COMPANY AND EXPIRATION DATE KEY LOCATION MAST LENGTH (IF OUT) POLICY NUMBER COMBO Storage Rates: Outside and inside storage rates include haul-out, pressure wash, blocking, stand rental, storage, and launch, unless otherwise noted. Heavily fouled bottoms will be charged $1/LF LOA extra. Odd bottom shapes or other factors requiring extra blocking or stands will be charged $1/LF LOA extra. Sailboats stored outside with mast(s) in will be charged $4/LF LOA extra. Inside storage boats will automatically be covered with plastic film at a rate of $1.50/LF, plus materials. Wet winter storage electricity consumed by boat and marina-supplied ice eaters is billed at current provider rate, based on periodic shore-power cord amperage readings or direct metering. Dock-light electricity is provided by marina. Outside storage vessel owners may work on their vessel in accordance with marina environmental policy. Indoor storage vessel owners may not work on their vessels without making prior arrangements with marina management. All vessels will be measured when hauled. Square footage is calculated using vessel overall length and maximum beam. $4.75/sq. ft. Outside Land Storage (November 1st thru April 30th)... Includes normal pressure wash and normal blocking at no charge. $13.50/sq. ft. Inside Land Storage (November 1st thru April 30th)... Includes normal pressure wash and normal blocking at no charge. $55.00/LF LOA Wet Winter Storage... Liveaboards are not permitted. Plus electricity for boat and ice eaters. $3.50/Mast Ft. Store Mast Outside... $4.50/Mast Ft. Store Mast Inside... Store Mast with Radar (Inside or Outside add)... $1.00/Mast Ft. Extra $250 Outside/$500 Inside Store Dinghy/Kayak (Under 12 LOA) Outside/Inside... It is the owner s responsibility to deliver the vessel to the marina before haul-out and remove the vessel from the marina within 2 days of launch. It is the owner s responsibility to remove and replace the drain plug. I accept the terms and conditions as provided on following pages. A non-refundable 50% deposit for land storage or payment in full for wet storage must be received with a fully-executed contract and proof of current vessel insurance before a vessel will be hauled out for land storage or allowed to occupy a slip for wet winter storage. Keys or combinations must be left with the office. A 1.5% environmental fee will be added to the total bill. Owner Signature Date

7 Winter Storage Contract Terms and Conditions In addition to the GENERAL MARINA RULES AND CONDITIONS, the terms of which shall apply to all contracts and agreements made between the Marina and a Vessel Owner and are hereby incorporated, the following terms shall apply to the Marina s Winter Contract: PAPERWORK: No Vessel will be hauled or placed into winter storage without a signed winter contract and deposit. All winter storage and work order bills must be paid in full before summer slip contracts are accepted. Vessels will not be launched or released from winter storage until all such bills are paid in full. DRY STORAGE WITH MAST UP: The Marina recommends that all sailing Vessels and power Vessels so equipped unstep their masts prior to land storage in the winter. The Owner of a Vessel that is stored on land with its rig up hereby accepts responsibility for any damages to the Vessel or surrounding vessels that result from the mast being left up. MASTHEAD GEAR: The Marina will not be responsible for theft or damage to masthead gear when unstepping Vessel rigs. If gear is left on the masthead, the Owner agrees not to hold the Marina liable for any such damage. BILLABLE DIMENSIONS: All Vessels will be measured for accurate billing purposes. HOLDING TANKS: All Vessels stored at the Marina for winter should have their holding tanks pumped and winterized prior to storing. In the event that the Owner does not make arrangement for pumping and winterizing holding tanks, the Marina will attempt to do so at the Owner s expense and liability, but shall not be under any obligation or responsibility to do so. FUEL TANKS: Fuel tanks shall not be topped off beyond 75% prior to winter storage, as spring temperatures may cause expansion and seepage from vents. HEATERS: Absolutely no space heaters are allowed to be operated on Vessels in land storage for fire reasons. ELECTRICAL CORDS: Electrical cords shall not be left plugged in on Vessels in dry storage. CLEANLINESS: Vessel Owners shall keep the area surrounding their Vessel neat and free of debris or other impediments. If, in the judgment of the Marina, excess detritus is left surrounding a Vessel in storage, the Marina may remove it at the Owner s expense. BILGE DRAIN PLUG AND SEAWORTHINESS: It shall be the Owner s responsibility to remove the bilge drain plug after hauling and reinstall it prior to launching. The Marina will do everything possible to safeguard a Vessel after it is launched. However, ultimate responsibility for the seaworthiness of a Vessel shall remain with the Owner at all times. WINTER COVERS AND BOAT STANDS: Winter covers may not be tied to boat stands. Covers tied to boat stands will be removed at the Owner s expense. At no time may Vessel Owners attempt to adjust or reposition boat stands. SHRINKWRAP: No one other than Marina staff may shrinkwrap a Vessel on land or in the water on Marina property due to the lack of adequate insurance coverage. PROPANE CANISTERS: All Vessels in inside storage must have their propane canisters removed and taken away or stored by the Marina at additional cost. LADDERS: Owners must provide their own ladders. The Marina does not loan ladders for liability reasons. RUNNING ENGINES: Owners may not run engines while the Vessel is stored on land. INSIDE STORAGE: Owners are not allowed to work on their Vessel while in inside storage unless other arrangements are made with Marina management. WET STORAGE: The Marina shall not be held responsible for any ice related damage. All seacocks must be in serviceable condition and be closed during the winter months. INSURANCE REQUIREMENTS: The Owner warrants and stipulates that the Vessel will be fully insured against loss or damage to itself, other Vessels at the Marina and the Marina property. Where adequate coverage is not obtained and maintained, the Owner warrants and stipulates that they intend to act as self-insurer against such losses. Proof of insurance as well as a valid copy of the Vessel s state registration or federal documentation must be filed annually at the Marina office. BOTTOM SANDING: No bottom sanding will be allowed on Marina property without the use of a dustless sander. END OF TERM: The Owner agrees that arrangements will be made for the prompt removal of the Vessel at the end of the storage term. Vessels left on land without arrangements after May 15 th will be billed for summer storage and may be subject to movement within the yard at the Owner s expense. Vessels left on land after September 1 st without prior arrangements will be considered by the Marina to be abandoned and may be sold at public auction or otherwise disposed of by the Marina in accordance with applicable state and/or federal laws. HOLDOVER: If the Vessel remains on the Marina s premises after the expiration of the Term of this Contract, or any written extension thereof, its continued presence will create a lease at will at the rate(s) and upon the Terms and Conditions specified herein and on the Marina s General Terms and Conditions (other than length of Term). LINES AND FENDERS/BATTERIES AND BILGE PUMPS: Adequate lines, fenders and batteries must be aboard prior to launching and bilge pumps must be operational. HAULING AND LAUNCHING: Owners should not plan to be present for hauling and launching. The Marina will make every effort to haul and launch the Vessel within a few days of the date of Owner s requested dates. The Marina cannot commit with certainty when a specific Vessel will be hauled or launched and shall not be responsible to Owner for any delay beyond a requested haul or launch date. The Marina shall not be held responsible for the safety or condition of Vessels in the water past the requested haul date. DOCKAGE AFTER LAUNCHING: A maximum of two (2) days free dockage will be allowed after launching for any Vessel not under contract for a summer slip at the Marina. Any vessel that is not removed within this two day grace period will be billed for dockage at daily transient rates. This applies to mooring customers. BILLED TIME: Billed time is based upon actual time craftsman is dispatched from the office until craftsman reports the job completed and is currently at $100.00/hour. ACCOUNT BALANCE: Winter storage bills must be paid in full before summer slip/mooring is occupied. All bills will be paid in full before the Vessel is launched and leaves the Marina. Fully paid winter storage customers are given first priority in slip availability and selection. DINGHY/KAYAK: All Owner watercraft such as dinghy, kayak or other must be stored aboard or removed from Marina property during the storage season unless other arrangements are made with Marina management. MARINA RESPONSIBILITIES: The Marina is not responsible for fire, storm, animal, theft, water, hail, snow or ice damage to the Vessel. The Marina will not be held responsible for flooding damages during launching or storage periods. The Marina is not responsible for damage to unwinterized engines or engines commissioned by Owners or outside contractors. The Owner agrees to hold the Marina harmless in the event of such occurrences. The Marina is not liable for damage to the Vessel, equipment or contents while in storage. The Owner assumes all responsibility for damage to the Vessel during hauling, storage or launching if that damage is directly related to any structural weakness in the Vessel such as rub rails, spray rails, chines, etc. Any damages caused by failure of Marina equipment or negligence on the part of Marina staff will be repaired by the Marina. BEWARE THE VESSEL AND ITS CONTENTS MAY BE SOLD AT PUBLIC AUCTION FOR FAILURE TO PAY STORAGE CHARGES PURSUANT TO R.I.G.L , ET. SEQ. Accounts more than 180 days past due will automatically revert title of the Vessel to the Marina at which time the Vessel may be sold, auctioned or disposed of. Any monies received from the sale of the Vessel will be used to satisfy the debt owed plus all costs related to the disposition. Any amount received over and above the aforementioned will be turned over to the debtor, less a 10% service charge. PLEASE INITIAL AFTER READING

8 Brewer Wickford Cove Marina 65 Reynolds Street, N. Kingstown, RI Tel: (401) Fax: (401) Winter Work Checklist OWNER S FIRST NAME OWNER S LAST NAME SLIP OR MOORING # VESSEL NAME APPROXIMATE HAUL DATE (For storage placement only) APPROXIMATE LAUNCH DATE (For storage placement only) KEY COMBO *Please give Marina access to vessel one week prior to requested haul date for winterizing purposes *Please complete and return the enclosed Spring Checklist to secure 2017 launch week All prices are for labor only, unless otherwise noted. Materials, tax, freight, a 1.5% environmental fee, and subcontract cost are additional. Please select desired services. All requests for decommissioning must be confirmed in writing. Labor charges are $100/hour, unless otherwise noted. HAULING & STORAGE EXTRAS 5690 Shrink Wrap Boat on Land (including materials) Please complete the enclosed shrink wrap form Remove and Store Outriggers ($200 storage, plus $100/hr removal labor)... $ T 2022 Mast In for Outside Land Storage; add... $4/LF LOA MECHANICAL WINTERIZATION Note: All vessels 40 LOA and longer will be winterized on a T&M basis Winterize Engine (run antifreeze through sea-water circuit, check coolant condition)... $ Change Oil and Filter (each small engine)... $ Change Oil and Filter (each large engine)... T&M 1590 Change Generator Oil and Filter... T&M 1435 Change Transmission Oil and Filter... T&M 1440 Oil Analysis (per engine)... $ Batteries: # of (disconnect, load-test, and leave on board)... $50.00/ea 1581 Winterize Generator (extra charges for limited access)... $ Winterize Fresh-Water System... T&M 1451 Winterize Head (Manual)... $50.00/ea 1452 Winterize Head (Electric)... $100.00/ea 1535 Service Seacocks (per seacock, if operable; T&M, if inoperable)... $50.00/ea 1551 Winterize Refrigeration... T&M 1541 Winterize Air Conditioning... T&M 1561 Winterize Sump... T&M 1595 Winterize Salt-Water Washdown... T&M 1495 Winterize & Store Outboard 2-15 HP (includes lower-unit oil change, materials extra)... $ Remove & Store Outdrive (Includes lower-unit oil change, materials extra)... $ Top off Fuel Tank to 75% Full (Fuel charges additional)... $ Pump out Holding Tank... $ RIGGING Note: These are basic rigging prices. Difficult mast boots, wiring, wedges, or partners will be charged on a T&M basis Prepare Mast for Unstep... T&M 3401 Unstep Mast... $7.00/ft Clean and Lube Winches... T&M 3540 Remove Sails... T&M OTHER WINTER WORK (DESCRIBE): I DO NOT WANT MY BOAT WINTERIZED. Please check box if applicable. Owner Signature NOTE: Haulout rates for customers not winter storing at BWCM begin at $6.50 per foot Date

9 Brewer Wickford Cove Marina 65 Reynolds Street, N. Kingstown, RI Tel: (401) Fax: (401) Shrink Wrap Boat Covering Pricing includes all aspects of installation but does not include removal of cover or frame. Covers and frames are fully guaranteed for one season only. All shrink wrap materials must be recycled. The marina will supply an appropriate number of shrink wrap recycle bags at $20 apiece. Brewer Wickford Cove Marina is not responsible for cover- or frame-induced damages to paint, gelcoat, stanchions, lifelines, pulpits, pushpits, or any other vessel surfaces or attached structures. BASE PRICING (please check one) Up to 40 LOA ($2.00/Sq. Ft) 40 to 50 LOA ($2.15/Sq. Ft) Over 50 LOA ($2.30/Sq. Ft) *LOA includes all Vessel equipment overhanging hull ADDITIONAL CHARGES (Please check applicable items) Reusable Door... $75.00 Powerboat Bridge or Flybridge... $ Powerboat Tuna Tower... $ Sailboat with Mast In... add $7.00/LF Cover to Waterline... add $3.50/LF EXAMPLES Powerboat: 48 LOA x 14.5 Max. Beam = (696 $2.15/SF) =... $1, Add $ $75.00 TOTAL (including tax on materials)... $1, Sailboat: 32 LOA x 9.25 Max. Beam = (296 $2.00/SF) =... $ Add $ $75.00 Add mast $7.00/LF... $ TOTAL (including tax on materials)... $ Note: Removal and/or lowering of canvas, appendages, antennas, electronics masts etc. is often required in order to minimize the chance of damage occurring while a vessel is protected from the elements by a winter cover. These items not removed by the customer will be removed by BWCM at our customary rates. If an owner insists on leaving canvas, appendages, antennas, electronics masts installed, BWCM will not assume responsibility if these items are damaged by a winter cover. Winter covers can apply significant loads to rails, stanchions, and other exposed appendages and BWCM will take every pre-caution to protect a boat s extremities and minimize the chance for excessive loads and/or damage to a vessel. However, BWCM cannot guarantee any boat s ability to withstand the pressure a winter cover can impose on its appendages and, therefore, will not be held liable for resulting damage. Owner Signature Date Vessel Name

10 Brewer Wickford Cove Marina 65 Reynolds Street, N. Kingstown, RI Tel: (401) Fax: (401) Slip/Mooring Contract 2017 SLIP/MOORING # OWNER S FIRST NAME The Marina reserves the right to reassign slips and moorings as necessary. OWNER S LAST NAME STREET ADDRESS VESSEL NAME YEAR MANUFACTURER CITY AND STATE ZIP HOME PHONE BUSINESS PHONE CELL PHONE ADDRESS LENGTH OVERALL * KEY LOCATION POWER SAIL MODEL BEAM DRAFT COMBO * INCLUDE ALL OVERHANGING EQUIPMENT Rates All boats will be measured. Rates will be calculated on actual overall length, including bowsprits, pulpits, anchor rollers and anchors, swim platforms, outboards (whether left up or down), dinghy and davits, and any other equipment and appendages in place while occupying the slip. The price of the slip will be calculated on the overall length of the vessel or the length of the dock, whichever is longer. Alongside slips allow for approximately 10% of the vessel s length for docking clearance off the bow and stern. The summer season runs from May 1st to October 31st. Slips & Moorings (less 5% for 2016/2017 winter storage customers who pay in full before January 15, 2017) Electric Service (please check one) SLIP for Boats over $180.00/ft. $ amp Service (per outlet)... POLE MOORING Year-Round Customers $2,000 Summer-Only Customers $2,200 BAY MOORING Year-Round Customers $1,300 Summer-Only Customers $1,500 SLIP for Boats on Double Finger... $170.00/ft. $ amp Service (per outlet)... SLIP for Boats 50 to $165.00/ft. $0.00 No Service Required... SLIP for Boats 25 to $155.00/ft. SLIP for Boats 25 and Under... $140.00/ft. Excessive use of electricity will result in additional charges. All shore cords will be periodically metered for actual usage. Vessels using more electricity than that provided for in the base charge will be assessed an additional charge reflecting actual electric usage. Vessels found to be using more cords than signed up for will be automatically billed for extra cords. Rate increases for the cost of electricity to the marina may be passed on to the customer in the form of an electrical surcharge at the end of the dockage season for that part of the season that the rate increase was in effect. All customers must provide proof of current insurance. The owner warrants and stipulates that the vessel will be fully insured against loss or damage to itself, other vessels at the marina, and marina property. Where adequate coverage is not obtained and maintained, the owner warrants and stipulates that he intends to act as self-insurer against such losses. Proof of insurance, as well as a valid copy of the vessel s state registration or federal documentation, shall be filed annually at the marina office. All yard bills must be current or this contract will not be accepted. A 1.5% environmental surcharge will be added to all slip fees. The order of priority for slip/mooring assignment is as follows: 1) existing year-round customers, 2) new winter storage customers wishing to secure a slip or mooring, 3) existing seasonal customers and, 4) walk-in customers. Submittal of a completed contract and $500 deposit does not guarantee a slip or mooring for the subsequent season. Once slip and mooring assignments are finalized, deposits will be returned to those customers who are not assigned a slip or mooring. The due date for this contract is October 15, Failure to return the completed contract by the deadline will result in loss of priority in slip/mooring availability and selection. Contracts will be accepted only when the following conditions are met: 1. Contracts must be completed and returned by October 15, 2016; 2. A deposit of $500 must accompany this agreement by October 15, 2016 to retain priority; 3. The balance of the slip/mooring rental fee is due as follows: 1/3 of balance due January 15th, 1/3 of balance due February 15th, Remaining balance paid in full by March 15th. I have read the attached terms of agreement and every other term and condition herein and agree to them. Owner Signature Date

11 Slip/Mooring Contract Terms and Conditions In addition to the GENERAL MARINA RULES AND CONDITIONS, the terms of which shall apply to all contracts and agreements made between the Marina and a Vessel Owner and are hereby incorporated; the following Terms shall apply to the Marina s Summer Contract. DEFINITIONS: When capitalized and used herein, the term Marina shall refer to Brewer Wickford Cove Marina; its owner, operator and any affiliates or successors; the term Owner refers to the Vessel s owner, owner s agents or representatives; and the term Vessel refers to the vessel s hull, equipment and all other vessel related property of the Owner when the Vessel is stored at the Marina. SLIP USE: Slips are non-transferrable and may not be sublet. In the event that the Owner wishes to vacate their slip, the yard will attempt to re-rent the slip and, if successful, will refund the Owner that portion of the payment covered by any such re-rental. Slip and mooring deposits are non-refundable. BILLABLE LENGTH: All Vessels will be measured for length overall (including pulpits, stern rails, swim platforms and any other equipment which extends beyond the bow and stern of the Vessel) as it is presented for summer storage in a slip for accurate billing purposes. Moorings are flat rated so the length of the Vessel is not relevant to their billing. SLIP/MOORING FEES: Dockage and mooring fees are payable in full prior to occupancy in accordance with the payment schedule set forth by the Marina. The Marina reserves the right to haul and store at the Owner s expense any Vessel which occupies a slip or mooring prior to full payment of related charges. A service charge of 1-1/2% per month (18% annually) will be charged to balances 30 or more days past due. ADEQUACY OF WATER LEVELS: The Owner acknowledges that the Marina makes no representations regarding the adequacy of water depth for ingress/egress. The Owner agrees to not to hold the Marina responsible for any damage resulting from low water levels. SPACE AVAILABILITY: The Marina reserves the right to temporarily or permanently move a Vessel to a comparable dockage space other than that space initially assigned to the Vessel without notice to the Owner for reasons of safety or security of the Marina property or the Vessel and surrounding vessels or for any other reason which the Marina, in its sole opinion, determines reasonable justification to move the Vessel. TRANSIENT USE: The Owner agrees to notify the Marina if it is intended to vacate the slip or mooring overnight or for longer. The Marina shall then have the right to place another vessel or vessels in the slip for the period of time the Owner s Vessel is away without allowance of any kind to the Owner. Should the Vessel return early, the Marina will make every attempt to place the Owner s Vessel in a suitable place until the normal slip becomes available. SEVERE WEATHER: Because no marine facility can guarantee safety in severe weather conditions, the Owner agrees to hold the Marina harmless for any damage to the Vessel resulting from severe weather or Acts of God. Upon notice from the Marina, the Owner must remove the Vessel from the Marina in a timely manner or instruct the Marina to haul it at the Owner s expense if the Marina is able to do so. Should the Owner be unwilling or unable to remove the Vessel from the Marina, the Owner will be held responsible for all damage to and caused by the Vessel. Because the Marina has limited ability to safeguard its property and that of its customers under such conditions; the Owner agrees not to hold the Marina liable for any storm related damage to a Vessel on the Marina property. INSURANCE REQUIREMENTS: The Owner warrants and stipulates that the Vessel will be fully insured against loss to itself, other Vessels at the Marina and the Marina property. Where adequate coverage is not obtained and maintained, the Owner warrants and stipulates that they intend to act as self-insurer against such losses. Proof of insurance as well as a valid copy of the Vessel s state registration or federal documentation must be filed annually at the Marina office. END OF TERM: The Owner agrees that the Vessel will be promptly removed from the assigned slip or mooring in a safe and seamanlike manner at the end of the summer storage term. The Owner further agrees not to remove any docks, utilities or other Marina supplied parts or services when vacating the slip. After the end of the summer dockage/mooring term, if a Vessel is left in its slip or mooring and is not under contract with the Marina for winter storage, such Vessel may be charged transient dockage at published rates for each day it remains in the slip or mooring after the end of the term. The Marina reserves the right to haul Vessels remaining in the water after November 15 th without a winter contract at the Owner s liability and expense. Such Vessels left in water after November 15 th without prior arrangements may be considered by the Marina to be abandoned and may be sold at public auction or otherwise disposed of by the Marina in accordance with applicable state and/or federal laws. HOLDOVER: If the Vessel remains on the Marina s premises after the expiration of the term of this contract, or any written extension thereof, its continued presence will create a lease at will at the rate(s) and upon the Terms and Conditions specified herein and on the Marina s General Terms and Conditions (other than length of term). OTHER GENERAL RULES: The Owner agrees to be bound by the following additional rules while occupying a slip at the Marina. Swimming is not allowed from the Marina docks. Fish cleaning is only permitted aboard the Owner s Vessel and no fish carcasses shall be placed in Marina waters or dumpsters. There will be no dinghy cleaning on the docks of the Marina. Open flames are allowed only in designated grilling areas and not on docks or vessels. No carpeting or other accessories may be attached to the docks of the Marina in any way without prior approval of Marina management. The number of people staying overnight on a Vessel at the Marina shall be no greater than the number of permanent berths on the Vessel. BOTTOM CLEANING: In compliance with Rhode Island environmental regulations, in-water bottom cleaning is not permitted in the Marina. DINGHIES/KAYAKS/BICYCLES: Tenders are not to be tied up alongside Vessels while in their slips. Dinghies left in unoccupied slips for which the Owner does not hold a rental contract will be hauled at the Owner s expense and liability. A dinghy dock is provided on the inside of A-dock. Kayaks and bicycles are not to be stored on Marina docks or property without prior arrangement with Marina management. BARBECUE/RECREATION AREAS: All people using the barbecue and recreation areas must comply with posted rules at all times. The use of barbecues is entirely at the risk of the user and the Marina in no way accepts responsibility for their condition, safety or functionality. EMERGENCY SERVICES: The Marina will not be responsible for Vessels sunk at dockside due to Owner s negligence or faulty equipment. The Vessel Owner hereby agrees that in the event of an emergency, extra lines may be placed on the Vessel at no liability to the Marina. The Vessel may be pumped or any other measure taken to further the safety of the Vessel, other Vessels and slips at no liability to the Marina. The Vessel Owner agrees to pay any reasonable charges made by the Marina for such emergency services; however the Marina assumes no responsibility or obligation to perform such services. MOORING CUSTOMER ACCESS TO SLIPS: Vessels on moorings shall at no time or for any reason occupy any slip or dock without prior permission of the Marina manager. Vessels on moorings may arrange for short term use of a dock space for the purpose of washdown, loading or unloading passengers and supplies. ADVERTISING/SOLICITING: No advertising or soliciting will be permitted on or within the Marina. For Sale signs shall not be displayed without consent of Marina management. RENEWAL: It is understood that the slip/mooring contract is for 6 months only. Each year hereafter the Vessel Owner must be invited by Marina management to be eligible to renew the contract. CANCELLATION: Any infraction of Marina rules and regulations or conduct deemed inappropriate by Marina management shall, at the option of Marina management, result in the cancellation of this contract upon ten days notice and the Vessel Owner shall forthwith remove their Vessel from Marina property. BEWARE THE VESSEL AND ITS CONTENTS MAY BE SOLD AT PUBLIC AUCTION FOR FAILURE TO PAY SLIP/MOORING CHARGES PURSUANT TO R.I.G.L , ET. SEQ. Accounts more than 180 days past due will automatically revert title of the Vessel to the Marina at which time the Vessel may be sold, auctioned or disposed of. Any monies received from the sale of the Vessel will be used to satisfy the debt owed plus all costs related to the disposition. Any amount received over and above the aforementioned will be turned over to the debtor, less a 10% service charge. PLEASE INITIAL AFTER READING