BAYSHORE GARDENS MARINA RULES BAYSHORE GARDENS PARK AND RECREATION DISTRICT 6919 26 TH Street West, Bradenton, Fl 34207 (941) 755-1912 Marina Chairman has authority to impose up to a $500.00 fine for violations of rules described below. This may be in place of penalties contained herein. General Rules 1. Before anyone is leased a slip or trailer space, or is given a gate card, or is given permission to use the work area or facilities, he or she must agree to and sign a copy of these rules. 2. Anyone on the marina grounds or who is using marina facilities must follow all laws and regulations that are applicable, including among others, all State, Federal (including Coast Guard Regulations), as well as all environmental laws. 3. Since it is impossible to reduce all possible contingencies to writing, anyone on the marina grounds or who is using the marina facilities including all lessees, must comply with the directions of the Dock Master in all cases which he deems emergencies, even if this may cause a conflict with these rules. 4. Use minimum speed with no wake within the marina. 5. Boats and equipment must be maintained and operated safely at all times. 6. Before any boat owner puts his boat in a work area or boat slip, he must show written proof of registration and liability insurance in an amount of at least $100,000 and a copy of same will be made and kept by the Park. 7. No one may bring a trailer onto the Park grounds unless it has a current registration. Before anyone may bring a boat trailer past the marina gates, they must show current registration so the office can keep a copy, provide name, address, phone number, and pay the fee to obtain a gate card from the Park office. Slip lessees do not need to pay for the gate card as it comes with the slip. 8. No one can have a trailer on Park property unless it is attached to the tow vehicle or it is in its assigned leased space. A trailer attached to the tow vehicle can remain in the proper area for up to a week. 9. No one may keep a boat in the marina without first obtaining a lease, unless it is in the work area as authorized in writing by the Dock Master. 10. No fishing or netting allowed in the Park except on the fishing pier, by the beach area that fronts on Sarasota Bay, and by the two sections of seawall marked with yellow paint. 11. No swimming allowed in or around the marina. No running, riding anything with wheels, or horseplay allowed within 10 feet of docks, slips, seawalls or fishing dock or fish cleaning dock. Only slip lessees and their guests are allowed within 10 feet of docks or boats. 1
12. No smoking or open fires within 50 feet of any vessel refueling. Refueling is only allowed with containers which are designed and approved for use with fuel and all fueling must be done in a safe and non-polluting manner. 13. No one may live aboard any vessel or vehicle in or around the marina or on Park property. 14. Children under the age of 18 must be accompanied by a parent or adult guardian when they are on the marina grounds, unless they are authorized to be there by the Dock Master. Only Bayshore home owners/home owner designees and their guests are allowed in the marina. 15. Human, animal or fish waste cannot be discarded into the marina or Park property, except that fish may be cleaned at the fish cleaning station only with fish remains left in the water. 16. Trash or waste must be disposed of in designated containers or removed from the premises. 17. Oil, gas or other petroleum products must not be discarded into the water or surrounding areas. These materials cannot be disposed of on Park property or in the water. 18. Bayshore Gardens Marina decals must be exhibited only on the left, rear window of any vehicle unless that window is covered; then it must be exhibitied on the left rear bumper. Decals on trailers must be exhibitied on the left (port) side of the winch post or immediately under it and show on the outside of the frame. Boat Slip Policies 1. Boat slips are to be used only for personal non-commercial purposes. Any boat owner who uses his boat for business purposes, commercial activities, or any economic gain, is not permitted to have a boat slip for such boat. All of the General Rules and Sanitation provisions apply to slip lessees. 2. Slips are rented on a 6 month lease. Bayshore Gardens home owners/home owner designees have priority in obtaining a slip over anyone who is not a home owner/home owner assignee. No slip shall be rented to a non-home owner designee unless every eligible home owner / home owner designee who has requested a slip already has one. The same rule applies to renewing a slip lease. In order for the slip applicant to qualify as a home owner /home owner designee, he must have the boat titled and registered in his name alone, and no ownership interest may be in anyone who is not a home owner / home owner designee. Anyone who is not a home owner / home owner designee must first become an associate member of Bayshore Gardens before being able to obtain a slip. If slips are leased to those who are not home owners / home owner designees, they will be charged a higher rate. A security deposit is required at time of registration. $500.00 for home owner/home owner designees and $500.00 for non home owners. Security deposit will be refunded when the boat has been removed and the lease fees have been paid in full. Any fees due will be deducted from the security deposit. 3. Lessees may not loan or sublease the slip and any attempt to do so is void. Lessees may not loan any gate card to anyone or tell anyone the gate combination. 2
4. Spaces are assigned by the Dock Master. There is not proprietary interest by the lessee in any particular boat slip. Moves directed by the Dock Master must be accomplished within 7 days of notification. 5. In order to limit excessive use of electricity, no one may have an air conditioner running unless someone is aboard the boat. The Dock Master may place further limits on electrical use as he deems necessary. Note: All power to the marina may be turned off if a storm is approaching. 6. Slip lessees must have liability insurance of at least $100,000. Lessees must also have current Florida title and registration in their names alone, have registration numbers correctly located on their boat with current stickers, or they must be validly documented boats owned solely by the slip lessee. Before obtaining a slip lease, all new applicants and those who want to renew their lease, must give the office a copy of their registration which must be current and issued by the State of Florida, must provide a copy of an insurance policy with the section of the policy that covers the boat highlighted, as well as the declarations page. All boats must display current registration decals and boat numbers as required by law. 7. If a home owner / home owner designee purchases a boat which is using a slip under a valid lease, that person will have priority over all others to have that lease transferred into his or her name, provided the existing slip holder consents and that person complies to all other requirements. In all other cases, slip leases are not transferable. 8. Lessees must maintain good mooring lines and moor boat in a safe manner utilizing at least 4 dock lines plus a spring line. Boats under 26 feet must use at least 3/8 lines, boats 27 to 32 feet must use at least ½ lines and boats 33 feet and above must use at least 5/8 lines. Boats must be maintained in operable condition able to move and steer under their own power. 9. Lessees shall not construct alter, or attach anything on Park property without written authorization from the Dock Master, and prior to giving permission, the Dock Master must first obtain authorization from the Marina Committee Chairman. If any alterations made by a lessee are attached to Park property, which includes the docks, it shall become the property of the Park, but the lessee shall remove the alteration if directed to do so by the Dock Master. Prior to placing items such as dingys and dock boxes on Park property next to a lessee s boat, the lessee shall obtain permission from the Dock Master. 10. Boats docked at seawalls, must face the seawall so that the motor is not near the seawall. 11. Dock Master has full authority to request an inspection of lessee s boat. The Dock Master is the agent of the Park for matters covered by these rules, and has jurisdiction over the marina area. Dock Master is allowed access to all boats in case of emergency (e.g.: sinking, leaking, fire, bad lines, dangerous condition on boat, storm and other acts of nature, etc.) If the Park has a boat pumped out because it appears that it may otherwise sink, the owner shall be responsible for a fee of at least $100. 12. If the Board of Trustees chooses to allow a special organization, such as the Marine Patrol, to have use of a boat slip, that organization shall be put on the end of any existing waiting list in order to obtain a slip. 3
13. The Park is not expected to provide any security services and any gates may not be locked or may at any time be removed. Lessees will not hold the Park or its agents liable for any losses that might occur due to damage, disappearance, fire, theft, pilferage, or vandalism of any kind to any property left on Park property. 14. Lessee does not surrender, and the Park and/or its agents do not accept custody or possession of Lessee s boat, motor, trailer, or any other equipment located within, except see provision below under the provisions of Florida Statute 328.17. 15. The boat slip lease may not be changed orally, but may be terminated by either party upon 30 days written notice. Notice provided shall be considered delivered when hand delivered or when deposited with the U.S. Postal Service. The Park shall include in their notice a statement that any objections must be made in writing within 15 days of the date the notice goes out. Any boat owner that has not removed his boat before the 30 day period expires shall be liable for additional rent of $30 per day until the boat is removed. If the boat owner has complied with the objection projection provided for below under Enforcement, this additional rent will not begin to be imposed until 5 days after the final determination has been made by the Board of Trustees. When the slip holder permanently removes his boat, after deduction for any applicable additional rents, the slip rent shall be prorated through the date set by the notice of termination and the appropriate amount refunded. 16. Lessee must notify the office in writing, within 10 days of any change of address or phone number. This notice and other notices to Bayshore shall be provided by lessee by hand delivery or through the U.S. Postal Service to the address provided above. 17. Late payment / lease termination: Dock slips are to be paid for prior to the beginning of the lease. If a slip is assigned prior to payment, or a late payment is accepted, if the slip rent is not paid in full within 15 days of the beginning of the lease period, additional rent of $25 is due and after this date an additional $1 per day is due. If payment in full is not received within 30 days of the date the lease starts, an additional charge of $30 per day shall apply, provided the Park has given written notice prior to the start of the new lease period that slip rent is due, otherwise this rent shall begin 30 days after notice has been sent. Provided the Park has given written notice at least 5 days prior to the start of the new lease period, then the Park may choose not to renew the lease and the paragraph below will apply. If prior notice has not been given, then payment in full plus any applicable additional rents must be paid within 5 days of written notice or the lease will not be renewed. In any event, the Park need not renew a lease if there is another reason for so doing other than non-payment of rent, and the provisions below shall apply. The requirement of written notice is this paragraph only applies to lease renewals, not a new lease, unless there has been a partial payment and there is reason to believe that the new lessee does not realize that more money is due. 18. Any boat owner that leaves a boat in a slip without a lease or authorization to do so from the Dock Master or Marina Committee Chairman, is liable for a fee of $30 per day. Similarly, if a dock slip lease is not renewed and the boat is not removed from the slip by the end of the existing lease period, the rent due will be $50 per day after the end of that lease period. The Dock Master or Marina Committee Chairman may only allow a non-lessee to use a docking facility for a maximum of 2 weeks and only under extenuating circumstances, and only to 4
Bayshore Gardens home owners / home owner designees. Dock Master and Marina Committee Chairman shall, if possible, discuss the matter first. An exception is made, in that a 48 hour stay may be authorized by the Dock Master or Marina Committee for those who are not home owners / home owner designees for special circumstances such as a boat regatta or a true emergency. 19. The provisions of Florida Statute 328.17, Non-Judicial Sale of Vessels, shall apply to this lease. Penalties arising under the lease are deemed unpaid costs, storage charges or fees, or dockage fees, as that term is used in 328.17. The Lessee covenants that he/she is the owner of the boat that is subject of the lease and hereby authorizes Bayshore to sell the boat at a non-judicial sale pursuant to 328.17 Florida Statutes in the event of nonpayment of rent for a period of 6 months. Lessee agrees to pay all legal expenses, including attorney s fees and court costs and advertising costs incurred by Bayshore in moving or removing the boat for nonpayment of rent or for any other infraction of the rules and regulations set forth within. Boat Trailer Policies 1. The only trailers that may be parked on the marina grounds are: 1) boat trailer which do not have any boat on them, 2) trailers used in conjunction with work being done on a boat while the driver is working on the boat, 3) trailers kept in their proper leased space. Temporary trailer parking is allowed on the grass behind the gate to the boat ramp, which is across from the boat slips, and also in front of the gate for those who obtain a gate pass and the tow vehicle must remain attached to the trailer at all times. Only Bayshore home owners /home owner designees may obtain a pass. Gate passes may not be loaned out and if one is loaned out, the pass may be revoked. 2. There are a limited number of long term trailer parking spaces at designated areas and only those who have obtained a lease may use them. Bayshore home owners / home owner designees have priority over others in these spaces. In order for the trailer space applicant to qualify as a home owner / home owner designee, he must have the trailer registered in his name, and no ownership interest may be in someone who is not a home owner / home owner designee. An Associate Slip Renter may lease only one trailer space and that would be only for the boat in the leased slip. 3. Anyone leaving a trailer in a space after the lease ends will be liable for additional rent for the holdover period in the amount of 5 times the normal rate. 4. Trailers kept in leased spaces must be movable and have valid plates with current stickers. In order for anyone to obtain a trailer space lease, they must show current registration so the office can keep a copy, provide name, address, phone number, and pay the fee to obtain a gate card from the Park office. Space number stickers will be assigned and trailer owners will keep them on their trailer near the front left side (port side). 5. Except for empty boat trailers left in their proper leased spaces, if any trailer is left on Park property while not being attached to a tow vehicle, the Dock Master shall put a note on the trailer stating that the trailer may not be left there. The trailer owner is subject to a fine of $2 per day for the first 30 days and $10 per day thereafter even if a note was not left on the trailer. 6. Space numbers will be assigned to trailers and owners will keep them exhibited near thefront on the left (port) side of the trailer. 5
Work Area Procedure 1. Only home owners /home owner designees may use any work area or work facility. 2. Before any boat enters any work area, the owner must receive written permission to do so from the Dock Master. If a boat is placed in the work area without prior permission, or it is not located in its proper place, it is subject to a penalty fee of $5.00 per day during the first 30 days and $10.00 per day thereafter. The Dock Master shall specify in writing, a time period for having the boat in the work area and shall designate the place that the boat will be dept. Boat owners shall sign a hold harmless agreement before placing their boat in a work area, and shall agree to comply with all environmental rules. All boat owners are responsible for the acts of anyone helping him or her. All boat owners are to conduct their actions in a safe and considerate manner and must clean up after themselves. 3. Boat owners may normally use the facilities for a one month period. The Dock Master may approve up to an additional month depending on the demand for the facilities by other residents, the amount of work that needs to be done on the boat and the efforts being made by the boat owner to complete the work. During this period of time, slip lessees shall be charged $10 per week for the first 30 days or any part thereof, and $10 per week for the next 30 days or any part thereof. All fees are payable in advance at the Rec. Center office. During this period of time, all those who do not rent a slip shall pay $20 per week for the first 30 days or any part thereof, and $20 per week for the next 30 days or any part thereof 4. If a boat owner keeps his boat in a work area beyond the approved time, additional rent of $2.00 per day shall apply for the first 30 days, a $5.00 per day additional rent shall apply for the next 30 days, and thereafter the additional rent shall be $10 per day. However, if arrangements have already been made for another boat owner to use the facilities on a certain date, the Dock Master may allow a second boat owner to use the facilities before that date, if he agrees to remove his boat before the date set for the first boat owner to use the facilities. This may result in the second boat owner being given less than a one month time period. The rent for slip lessees and nonlessees will still be $10 and $20 respectively as described in paragraph 3 immediately above. This situation should be made clear to the second boat owner by the Dock Master, and if it has, the second boat owner will be subject to a fine of $5 per day if he prevents the first boat owner from being able to use the facilities at the scheduled time. After 30 days this fine will increase to $10 per day. If the boat owner was not made aware that the facilities have been reserved, then only the rents stated at the beginning of this paragraph will apply. 5. Slip number 127 is located next to a work area. The lessee of this slip shall allow boat owners to do normal work on their boats in the work area including pressure washing and sanding, and will accept a normal amount of dust to affect his boat. Enforcement 1. Anyone who violates these rules is subject to a fine of $5 per day for each day they are in violation and after 30 days the fine shall become $10 per day, unless another penalty is specified above. A serious violation of these rules could also result in a boat owner losing his marina privileges. Decisions whether to impose the above fines or penalty are at the discretion of the marina chairman. It is expected, however, that the Board of Trustees and Marina Committee will be advised of extreme cases requiring these actions. The procedure for this is as follows: The boat or trailer owner is notified in writing that his marina privileges are being terminated and told that he has 15 days from the date the letter was sent, to mail or deliver an objection. In the case 6
of a boat slip lease termination, the lease will not terminate until at least 30 days after notice has been given as stated above. If a boat or trailer owner wants to object to the termination, he must deliver or mail to the Park office within 15 days of the date the notice was sent out, a letter stating that he objects and an explanation of why he objects and a request to a hearing, otherwise his objections are waived, however the Marina Committee may, at their discretion choose to hear his case. If the objection is timely made, the Park will notify him of the time and place that the matter will be decided upon at a Marina Committee meeting. The boat or trailer owner will then have the opportunity at that time to make a statement and offer evidence. If the committee finds against him or her, the committee will make the recommendation to terminate his privileges to the Board of Trustees. The boat owner will have an opportunity to submit a written statement to be given to the Trustees before their meeting. The Trustees decision is final. In addition to the stated fines, boat and trailer owners are liable to the Park and any other party for any damages or injury that they may cause. 2. If a bill for any of the above rents, fees or fines is mailed or hand delivered to a home owner, or home owner designee, all of the people who have rights to the Park by reason of their association to the same residence as the person to whom the bill was sent or given to, will lose all their rights to use the Park if the bill is not paid within 30 days of mailing or delivery. The bill shall state that all objections must be made in writing within 15 days of the date that the bill is sent out. Additionally, a late charge will be incurred in the amount of $2 per day following the 60 th day after the bill has been sent out. If it becomes necessary to file suite to enforce any of the above provisions, the person against whom these rules are being enforced, shall be liable for all fees and costs if he or she is found liable for breach of this agreement. If anyone affected by this wants to object to the fee or fine assessed, he must deliver or mail to the Park office within 15 days of the date the bill was sent out, a letter stating that he objects to the amount charged, an explanation of why he objects and a request to a hearing, otherwise his objections are waived, however the Marina Committee may, at their discretion choose to hear his case. If the letter was sent out within the proper time, a hearing is set and it will toll the clock concerning late fines, from the time the boat owner mailed or delivered the letter until the date of the hearing. If a hearing is set the procedure stated above shall be followed before the Marina Committee and then the Board of Trustees. 3. If the Park has to resort to litigation to enforce the provisions of these rules or any lease that these rules are hereby incorporated into, then the prevailing party is entitled to collect its attorney s fees and costs from the non-prevailing party. Definitions: Park: Refers to any and all property and facilities of the Bayshore Gardens Park and Recreation District. Bayshore or Bayshore Gardens: Refers to the Bayshore Gardens Park and Recreation District. Home Owner: Those people that own homes in the Bayshore Gardens Subdivision. Home Owner Designee: Those people who have had the rights of ownership transferred to them by Bayshore Gardens home owners, pursuant to the requirements of the Park. 7
Trustees or Board of Trustees: Refers to the Board of Trustees of the Bayshore Gardens Park and Recreation District. In consideration of the Park granting me a lease, and or gate card, or by permitting me to use the work facilities, I hereby agree to be legally bound by, and abide by these rules, and I also agree that these rules are incorporated into, and are a part of any current lease I may have with Bayshore. I understand that if I lose my gate key there will be a charge of $40.00 for a replacement card. I have received a copy of the rules and regulations for the Bayshore Gardens Park and Recreation and for the Bayshore Gardens Park Marina. Signature of Lessee Date 8