BAYSWATER MARINA LIVE ABOARD TERMS AND CONDITIONS

Bayswater Marina hereby grants permission to the applicant named in the schedule “the applicant” to occupy the berth “the Berth” nominated in the schedule for the purpose of Staying Aboard.

The Applicant agrees to accept this agreement to occupy the berth nominated in the schedule for the period stated and under the following terms and conditions.

DEFINITION

• For the purposes of this clause the expression “Stay aboard” shall mean sleeping overnight for two consecutive nights or more.

• The expression “Marina” wherever used herein includes the Marina waters, the floating structures, fingers and jetties, all Marina foreshore areas, administration and service areas under the control of Bayswater Marina and/or the Marina operator.

APPLICATION

The application to Stay Aboard must be made on the Stay Aboard Agreement. This is available from the Marina and must be completed by the vessel owner. The application must include all requested details.

ACCEPTANCE

The Marina Manager has absolute discretion to accept an application.

COMMENCEMENT

This agreement commences upon the start date and thereafter remains in effect until terminated by either party giving 30 days written notice to the other. No short term Stay Aboard agreements will be entered into.

TIME RESTRICTION

The Marina Manager may impose a restriction in duration of acceptance. Any restriction will be notified at the time of application.

BOND

The Applicant agrees to pay a Bond should Bayswater Marina choose to impose such a requirement. Provided that the Applicant has complied with the terms and conditions contained within this agreement, the bond shall be refunded to the Applicant on the termination of this agreement.

LEVY

The Applicant agrees to pay the Stay Aboard Levy associated with the berth to Bayswater Marina monthly in advance and upon demand by Direct Debit bank authority, at the rate set out in the schedule or as may be amended from time to time. Bayswater Marina may alter the Levy by giving ten days written notice. The levy will remain in place on an ongoing basis until we are given 30 days written notice of your intention to stop living aboard. The levy will only be paused if you go away for a period of 30 days or more.

BYLAWS INSTRUCTIONS AND RULES

The Applicant agrees to comply with all the obligations of the Bayswater Marina Berth License and Marina Rules, a copy of which is available for inspection by the Applicant.

RULES

• This agreement commences upon the start date and thereafter remains in effect until terminated by either party giving 30 days written notice to the other. No short-term Stay Aboard agreements will be entered into.
• The Bayswater Marina shall be at liberty at any time to require the Applicant to vacate the Berth either on a temporary or on a permanent basis, and to take up another berth within the marina if there is a berth available. The Bayswater Marina shall not be liable to pay any compensation in respect of such change of the berth. The terms of this agreement shall apply to such a new berth.
• Strictly no animals allowed to live aboard.
• The Applicant shall not pollute or permit the pollution of the Marina or discharge into the Marina or its waters any poisonous, noxious, dangerous or offensive substance or thing.
• Without prejudice to the generality of the preceding provision, the Applicant shall not discharge any sewerage or otherwise empty any latrines into the Marina waters or otherwise dispose of any garbage, oil, fuel or other material whatsoever in the Marina, except into containers. The Applicant and all those named in the Application are required to use the onshore facilities that include toilets, showers and clothes washers/dryers. In circumstances where this is inappropriate the person may make use of on-board facilities though the vessel must have proven to the Marina that they have a suitable holding tank, or other mechanism for processing both grey and black waste water. In cases where this is occurring, the Vessel must also prove that the holding tank has been pumped clean at the pump out station or the vessel has left the marina to undertake a similar action. The Marina Manager may require applicants to have an installed sewage holding tank.
• Each vessel must be maintained to a high standard. The Marina Manager may not accept a vessel that is regarded as being in poor condition. The vessel must be operational and able to be moved under its own power at the request of the Marina Manager.
• The Applicant shall not permit or allow any property, gear or equipment under the control or direction of the Applicant to be stored on the Marina, including the walkways, fingers or foreshore thereof, without the express permission of the Bayswater Marina. Dinghy racks must be used for the storage of dinghies and bicycles. No dinghy’s or tenders are to be stored in the water space of the berth. Dinghies are to be kept on deck or placed in a marina approved rack.
• The Applicant shall not use firefighting equipment supplied by the Bayswater Marina for any purpose other than for fighting fires.
• The Applicant shall not alter or modify the Berth of adjacent structures without the prior written approval of the Bayswater Marina.
• No applicant may display or ‘hang out’ laundry or items of clothing at any time.
• Visitors are expected to park in the public car park. Access through the pier gates for visitors should be achieved by the Applicant meeting the visitor at the gate at the top of the pier.
• The Applicant shall in the use of the Marina comply with all bylaws from time to time applicable thereto, and shall also comply with any special instructions from time to time issued by the Bayswater Marina or any of its agents for the efficient , safe and harmonious use of the Marina and any of its facilities, by any persons entitled thereto.
• Private renters are not permitted to Stay Aboard.

BAYSWATER MARINA NOT TO BE LIABLE

Bayswater Marina shall not be liable and accept no responsibility for loss or damage to boats, craft, third party property or persons using the same within the confines of, or near to the Marina, nor for the adequacy or otherwise of the Marina, or of any Berth, or any other part of the facilities of the marina, and Bayswater shall not be liable to the Applicant or any person for the loss or damage to property, or death, or personal injury incurred or suffered within the marina, however the same occurs and whether or not attributable to the acts or defaults of the Bayswater Marian, or its servants, agents, contractors or otherwise howsoever.

APPLICANTS’ INDEMNITY

The Applicant, in addition, shall indemnify Bayswater Marina against any loss, expense, legal liability, claims and costs incurred by the Bayswater Marina arising as a result of the Applicants acts or omissions, or the acts or omissions of others to which the Applicant has contributed, or the acts or omissions of any persons invited into the Marina by the Applicant.

APPLICANT TO INSURE

The Applicant shall at all times keep all boats, crafts and any other property owned or brought into the Marina by the Applicant and/or invitees of the Applicant fully insured whilst within the confines of, or near to the Marina against loss or damage by fire, explosion, storm, tempest, typhoon, earthquake, accidental damage, burglary and all other usual maritime risks.

DEFAULT

In the event of the Applicant making default in the observance or performance of any obligation on the Applicants part expressed or implied herein, and such default remaining unsatisfied after 7 days from the date of written notification specifying the default complained of, Bayswater Marian may thereupon, and without the need for any further notice, forthwith cancel and terminate this agreement, and require that the vessel shall be removed from the Marian forthwith. Provided that if the default complained of shall be the non payment of the levy then the provisions of the following clause shall apply.

DEFAULT IN COMPLYING

If having been notified of a default and not having remedied such default shall be for non payment of the levy in accordance with clause 3 hereof, the Bayswater Marina may without incurring any liability for so doing and without further notice, remove the vessel and recover the cost of removal from the Applicant.

BAYSWATER MARINA’S LIEN

Where the Bayswater Marina removed any such vessel it shall be entitled to a lien on the vessel to the extent of the cost of removal and storage.

BAYSWATER MARINA’S RIGHT TO SELL

Should the Applicant fail to claim such vessel within the period of one month after the date of such removal, the Bayswater Marina may at any time thereafter offer the same for sale and appropriate the proceeds of any resultant sale in satisfaction of such expenses as may be incurred in respect thereof.

NEW ZEALAND LAW TO APPLY

The law to which this agreement is subject is New Zealand law.

1. These rules are in respect of Bayswater Marina, 21 Sir Peter Blake Parade
   Bayswater, Auckland, and apply at all times to all areas of the Marina.
2. All persons must, when in or near the Marina, comply at all times while these Rules. By entering the Marina you accept and agree to be bound and abide, by these Rules.
3. The Bayswater Marina Limited (Company) owns and operates the Marina. You agree to comply with the instructions of the Company and its employees while in the Marina.
4. The Company displays these Rules at the Marina Office. The Company may amend these Rules from time to time to time by altering the copy of the Rules displayed at the entrance to the Marina office.
5. The Marina, its berths, facilities and any vessel berthed or otherwise moored in the Marina, must only be used for recreational purposes. Commercial fishing boats, boats carrying passengers for hire, work boats, commercial freight carriers or any other vessel used for commercial or industrial purposes are prohibited without the prior consent of the Company.
6. You may only use the facilities at the Marina, and, in particular, any berth or mooring in the Marina, to the extent that you are authorised to do so by the Company.
7. You have the right, together with all other users of the Marina, to access and use the common waterways and pathways of the Marina subject to the directions of the Company from time to time.
8. You may use the water, power and any other facilities provided on the structures in common with any other Marina users on an occasional basis only. If you require more regular use of the Marina facilities special arrangements must be made with the Company, at your cost.
9. You must not pollute or permit the pollution of the Marina or discharge into the Marina or its waters any poisonous, noxious, dangerous or offensive substance. In particular, you must not discharge any sewage rubbish, oil, fuel, or other material whatsoever except in containers provided for that purpose by the Company.
10. You must not live on board your vessel in the Marina or permit anyone else to do so. You will be considered to be living on your vessel if you sleep on the board for two or more consecutive nights.
11. You are responsible for your invitees and their compliance with these Rules while they are in the Marina.
12. You must not permit or suffer any dog belonging to you or your invitees to enter or remain in the Marina unless such dog is restrained.
13. You must at all times supervise any children who enter the Marina with you or your invitees.
14. You and your invitees must not engage in any swimming, diving or underwater activities (including the scrubbing of your vessel’s hull) within the Marina.
15. You must not while within the Marina moor or manoeuvre your vessel so as to create a danger, obstacle or inconvenience to other Marina users.
16. You must ensure that all halyards, lines, ropes, rigging and sheets on your vessel whilst it is berthed are secured so that they do not create any noise.
17. You must not permit or allow any property, gear or equipment under your control or direction to be stored on the Marina, including the walkways, fingers and foreshore, without the Company’s permission.
18. You must not consume alcoholic beverages within the Marina, except on licensed premises.
19. You may only use the firefighting equipment for fighting of fires.
20. The storage of all fuels, oil and goods of a similarly flammable nature is strictly prohibited without the prior written consent of the Company. You must not bring such goods within the Marina. However, you may carry small quantities of the same on your vessel in safe storage containers for on-board use.
21. You may only refuel your vessel at the fuel jetty in the Marina from the pumps provided.
22. Signs relating to the use of the Marina must be observed.
23. Your vessel must be kept in good and safe repair.
24. No washing may be hung out on your vessel at any time.
25. All leads and appliances connected to the Marina power outlet by you must comply with the relevant regulations.
26. No painting, sanding, welding or grinding is permitted on board your vessel without the prior consent of the Company.
27. For the convenience of others you must return Marina trolleys to the jetty entrances immediately after use.
28. The Company is not liable for any loss or damage suffered to your vessel or to any of your other property in or about the vessel or the Marina, howsoever caused. You indemnify the Company against any loss, expense, legal liability, claims and costs incurred by it arising as a result of your acts or omissions or the acts or omissions of others to which your have contributed or the acts or omissions of any persons invited by you into the Marina.
29. The Company’s health and safety rules must be observed by you and your invitees. A copy is available from the Marina office.
30. All vehicles must observe parking and speed restrictions. Speed in the Marina must not exceed 20 kph.
31. You are required to observe the standards and practices reasonably expected of a competent reasonable and considerate person in the Marina.
32. You are reminded that you must comply with all regulations and by laws relating to good navigation and the proper control of your vessel.

Bayswater Marina Limited

21 Sir Peter Blake Parade, Bayswater, Auckland, 0622 Tel: 09 446 1600 Email [email protected]