Online Slip Renewal

Summer 2018

Thank you for visiting Harbourfront Centre's online slip renewal system. This system is ONLY for renewal of a previously occupied slip at either Marina Four or Marina Quay West.

If you are a new applicant, or seek dockage for a commercial operation or other location(s), please contact the appropriate office. New marina applicants will be placed on our inquiry list. Visit this section of our website for details.

If you are renewing your slip, please review the following AGREEMENT TERMS AND CONDITIONS relating to slip occupancy.

AGREEMENT TERM: MAY 1, 2018 TO OCTOBER 15, 2018 (unless otherwise noted).

Vessels arriving earlier than May 1st or remaining after October 15th are not guaranteed assigned slips and will be required to dock in an alternate slip location. Additional fees will be due for early arrivals. Please note the agreement term critical dates now. Vessels remaining in the marina after midnight October 22nd will be subject to a $200.00 per day fine. Please make your winter storage and haul out arrangements early.

AGREEMENT TERMS AND CONDITIONS

1. Definitions.
In this agreement:

(a) ďAgreementĒ means any form or document required by the Marina Operator to be completed by the Tenant to give effect hereto and includes these terms and conditions, which may be amended from time to time by the Marina Operator.

(b) ďboatĒ means the boat or vessel owned, licensed or registered, by the Tenant, the particulars of which are set out herein.

(c) ďMarinaĒ means, in the case of Marina Quay West, the water lot and surrounding properties and buildings situated within Spadina Quay. The water lot has been licensed to the Marina Operator by The City of Toronto for the purpose of conducting a marina and all therein; and, in the case of Marina Four, means all premises known as the Simcoe Street Slip, together with the water lot appurtenant thereto and surrounding properties and buildings situated within York and John Quays.

(d) ďMarina OperatorĒ means Harbourfront Corporation (1990) operating as Harbourfront Centre or any assigned agency acting on behalf of Harbourfront Centre.

(e) ďslipĒ means space within the Marina specified by the Marina Operator for use of Tenant for the docking of the boat.

(f) ďTenantĒ means the owner, operator, crew, guests or any duly authorized agent of the boat owner.

2. Updates to Agreement.
This Agreement shall be in effect for the term herein before set out unless sooner terminated pursuant to this Agreement. The Marina Operator may update the terms and conditions, post rules and regulations throughout the term. The Marina Operator may have policies and procedures regarding other Marina operations (eg. parking operations) beyond those described herein.

3. Tenant Breach and Agreement Termination.
The Tenant agrees to comply with all terms and conditions of this Agreement and with all rules and regulations posted from time to time at the Marina. In event that the Tenant breaches any of the terms of this Agreement, violates any of the posted rules and regulations or for any other reason not listed herein, the Marina Operator may immediately terminate this Agreement. Upon such termination, if the Tenant has not removed the boat from the Marina by the required departure date determined by Marina Operator in its sole discretion, the Marina Operator may immediately remove the Tenantís boat from the Marina at the sole cost and expense of the Tenant. The Marina Operator shall not be responsible for any damage, loss or injury to the vessel or other property of the Tenant. Notice may be served to the Tenant by leaving such on the boat, at the slip, mailing or e-mailing it to the Tenant. The Tenant agrees that the Marina Operator has a maritime and possessory lien and/or a repair and storers lien on the boat for all fees and other charges outstanding and owing to the Marina Operator under this Agreement.

4. Pleasure Craft Representation.
The Tenant represents and warrants that the boat is a pleasure craft and agrees that the boat shall at all times be used for such pleasure craft purposes and be licensed or registered, identified and equipped in accordance with The Canada Shipping Act.

5. Tenant Insurance.
The Tenant agrees to insure its boat, its operation and its contents during the term of this Agreement against such risks as a prudent Tenant would insure. Such coverage shall include liability insurance for a minimum amount of $2,000,000 CDN. Winter term insurance must contain ďpermission to live aboardĒ and ďlayup the vessel afloatĒ endorsements. The Tenant shall provide the Marina Operator with up-to-date valid copies of Certificate(s) of Insurance and, where required in the sole discretion of the Marina Operator, a recent survey for the vessel specified on reverse throughout the term of the Agreement. If such documents are not submitted by the date and time specified by the Marina Operator, the Marina Operator may terminate this Agreement and/or other privileges such as car parking (if provided) without notice.

6. Boat Maintenance.
The Tenant shall maintain the boat structurally, mechanically and keep it clean and presentable both in and out satisfactory to the Marina Operator. In the event of any mechanical failure, malfunction or damage to the Tenantís boat which in the opinion of the Marina Operator constitutes a threat to safety of Tenantís boat, another boat in the Marina or to the Marina itself then the Tenant agrees that any person or persons designated by the Marina Operator may board the Tenantís boat and move it to another location within or outside of the Marina.

7. Boat Secured.
Tenantís boat shall be secured and fendered in its assigned slip in a manner acceptable to the Marina Operator to protect its docks and equipment. If, in the sole opinion of the Marina Operator, the boat is found not to be secured and fendered in an acceptable manner, the Marina Operator may adequately secure the boat and assess a service fee to be paid by the Tenant. If new or additional mooring lines or fenders are required they may be supplied by the Marina Operator at the Tenantís expense.

8. Outside Contractors.
No outside contractors, service organizations, corporations or individuals will be permitted to undertake any work on Tenantís boat in the Marina area without first having obtained approval of the Marina Operator. All such persons must sign-in at the Marina Office and provide evidence of proper insurance coverage suitable to the Marina Operator. All such persons must comply with the Boating Ontario Clean Marine Boat Maintenance Policy including the possession of valid suitable insurance which contains environmental coverage. Tenants must ensure all contractors meet Provincial labour laws including those for Workerís Compensation.

9. Pumps and Sewage.
No toilets, holding tanks or contaminated bilge water or the like are to be discharged into the Marina. The owner acknowledges regular use of a pump out facility and will provide records of such use if requested. The Marina Operator has the right to inspect all elements of the sewage system. The Tenant acknowledges that they will comply with all applicable laws as outlined in the Discharge of Sewage from Pleasure Boats Regulations. Upon recognition of a spill of any kind the Tenant shall advise the Marina Operator and contact the Spills Action Centre to report such a spill. Upon report of a Tenant ďdumpingĒ or the discovery of an environmental risk the Marina Operator shall advise the Ministry of Environment, Transport Canada, Environment Canada and the Toronto Port Authority. Any fines issued for a Tenantís spill shall be the responsibility of Tenant. The Tenant acknowledges the utmost importance of preventing any spill. In event of a spill from the Tenants boat(s), or from any items left by the Tenant or its representatives in the Marina area, the Tenant will be held responsible. The Tenant will be charged for all costs related to the clean up of a spill including labour and replacement of all materials and supplies used to mitigate the spill to the satisfaction of the Marina Operator, the Toronto Port Authority, City of Toronto, the Ministry of the Environment, Environment Canada and Transport Canada.

10. Refuse and Garbage.
Tenant shall not throw or allow to be thrown or discharge any refuse or garbage into the Marina or leave any refuse or garbage in or about the Marina area. Supplied waste and recycling bins shall be used by the Tenant. The Tenant shall not discharge into the Marina or leave about the Marina area including in the garbage or recycling bins any fuel, oil, flammable liquids, oily bilge water or other pollutants or hazardous waste. All hazardous waste materials such as batteries, waste oils, antifreeze, coolants, paints and the like shall be immediately disposed of upon departure from the boat in a proper environmental, legal and ethical fashion by the Tenant or authorized representative. The Tenant will endeavor to use environmental products and services. The Tenant acknowledges the Marina Operator is involvement in various industry environmental programs as outlined in web sites and shall participate in a responsible fashion. Failing to do so may be cause for immediate termination of this Agreement.

11. Open Flame Cooking.
Charcoal fires or open flame cooking appliances will not be permitted on the docks. The Marina Operator retains the right to immediately remove any barbeque or such appliance if deemed by the Marina Operator, in its sole discretion, to be unattractive, inappropriate or unsafe.

12. Noise.
Noise must be kept to a minimum at all times including noise from pets. The operation of any engine, generator, tool, sound system or other audio or video device shall only be used in such a manner so that it does not result in a nuisance or interfere with any Marina Operator Programmes or events. Quiet enjoyment must be maintained at ALL times.

13. No Advertising or Soliciting.
No advertising or soliciting of any kind shall be permitted in the Marina unless authorized in writing by the Marina Operator. Bulletin board postings must be approved in writing and initialed by staff. They shall be removed after two months. No signs including use of banners, dock boxes or sail covers are to be used for promotion. The Marina or Marina Operatorís name, address, phone number, photos of the Marina or facilities, maps of the Marina area and e-mail addresses may not be used for business purposes, as described in Section 47 below unless authorized in writing by the Marina Operator. The Marina premises are not to be used to promote business or chartering of any kind unless authorized in writing by the Marina Operator. On board activity may not conflict with the interests of the Marina Operator or the occupants therein. Should the Marina Operator learn of any unapproved activity the Tenant will be advised to immediately discontinue such and, if not, will be cause for immediate termination of this Agreement.

14. Commercial Boats and Yacht Sales.
Tenant shall not allow or permit yacht brokers, agents or sales persons to establish a business location at the Marina. Small ďFor SaleĒ signs are permitted and may be posted on the boat at the discretion of the Marina Operator. No commercial boat sales operations are permitted in the Marina space unless approved in writing by the Marina Operator.

15. Storage.
Tenant shall not store or allow to be stored any gear, bikes, scooters, canoes, kayaks, dinghies, pwcís, chairs, tables, cooking equipment, supplies, materials, hardware, accessories, wood, doors or debris or the like on the docks, waterís edge promenade or breakwater. The Tenant shall not construct thereon any lockers, decks, gardens or other structures. Where required and safe for neighbouring tenants, boarding stairs are permitted with approval in writing from the Marina Operator. Any shade structures or umbrellas must not conflict with Marina Operatorís corporate sponsors and must not be secured to water or electrical posts and must be approved in writing by the Marina Operator. Dock boxes are permitted but limited to one per slip but must be attractive, appropriate in size for the dock and not block pedestrians or access to other boats. They must be kept clean and in good state of repair to the discretion of the Marina Operator and shall be moved for maintenance work by the Tenant when requested.

16. Boat Repairs.
Tenant shall not repair, sand, paint, or scrape any part of his boat or gear when docked in the Marina without first having obtained the written consent of the Marina Operator. The tenant shall run small power tools only for minor repairs during appropriate times and for short periods not to cause a nuisance.

17. Laundry.
Tenant shall not hang laundry on the boat or anywhere in the Marina.

18. Swimming.
Swimming is not permitted in the Marina.

19. No Assignment of Transfer of Agreement.
The Tenant agrees that it shall not assign or sublet this Agreement. The Tenant agrees that it shall not use, cause, permit or allow its slip to be used for the docking of any boat or vessel other than its boat as indicated herein. Slips are not, under any condition, to be offered to potential purchasers. Slips are not to be sold with the boat or to be a part of any sale, rental or lease agreement. Upon the sale of a boat it is to be removed from the Marina. This Agreement does not transfer with the sale of a boat and is not transferrable to any purchaser of a boat.

20. Boat Sinking.
In the event that the Tenantís boat should sink in the Marina, the Tenant agrees at its sole expense to remove its boat forthwith and cover any environmental and other related expenses. If the Tenant should fail to remove its boat forthwith, then the Marina Operator may remove the Tenantís boat at the Tenantís sole expense.

21. Liens.
The Tenant agrees that the Marina Operator may claim a lien against a Tenantís boat and contents for unpaid docking fees or charges for all other services rendered or performed or for any damages to the Marina caused by the Tenant or for any costs incurred by the Marina Operator in exercising any of its rights under this Agreement.

22. Extended Vacancy.
The Tenant agrees that it shall notify the Marina Operator of the Tenantís boat leaving the Marina for any period of time in excess of twenty-four (24) hours. During such period, or other time of vacancy, the Marina Operator may permit other boats to use or occupy the Tenantís slip on a visiting basis. The Tenant further agrees that the Tenant shall not be entitled to the fees or any portion thereof received by the Marina Operator for the use or occupation of the slip. The Tenant is not permitted to allow other persons use of the slip for any other boat than the boat to which this Agreement applies. The Tenant must advise the Marina Office of any vacancy period through the submission of a sail plan for both Tenant safety and vacancy information purposes.

23. Children and PFDs.
Children must be supervised and accompanied by adults and must wear an approved life jacket, pfd or an approved inflatable at all times within or near the Marina area.

24. Pets.
Pets shall be leashed on the docks and within the Marina area. In event that they cause a nuisance or, at the discretion of the Marina Operator, a threat or nuisance to others, the Tenant shall immediately remove the pet from the Marina area. Pets are not permitted in the office, washroom, shower and laundry areas at any time. Tenantís must clean up after pets and must abide all City By-Laws.

25. Personal Property.
It is understood and agreed that ALL of Tenantís personal property must be removed from the Marina area upon the termination of this Agreement. This includes dock boxes and barbecues, etc. Should such personal property not be removed within seven (7) days following the Marina Operatorís request to do so, the property will be removed and disposed of by the Marina Operator.

26. Entry and Exit to/from Marina.
The Tenant agrees to enter and exit the Marina under engine power only and shall not exceed the speed limit of two (2) miles per hour with no wake. The tenant shall not be towed into the Marina unless due to mechanical failure while underway. The Tenant acknowledges that upon mechanical failure it will have the boat fixed swiftly, moved or towed out particularly if the boat is not in its assigned slip. The Tenant must maintain the engine(s) and drive train(s) systems so they are fully operable throughout the term so the vessel can move at any time under its own power.

27. Marina Operator Not Responsible for Channel Markers.
The Marina Operator shall in no way be responsible or held liable for any damage or loss arising from the improper placement or shifting of channel markers, buoys or other navigational aids in the approach channels or in the Marina area.

28. Tenantís Sole Risk and Indemnity.
Use of the Marina or its facilities by Tenant shall be at the sole risk of the Tenant. The Tenant agrees that the Marina Operator and, in the case of Marina Quay West, the City of Toronto, shall not be liable or responsible for any damage, loss, injury or death arising from or out of any occurrence, in, upon, at, or relating to the Marina, or and injury or damage to property of the Tenant, from any cause whatsoever, whether or not such death, injury, loss or damage results from the negligence of the Marina Operator or its respective employees, servants or agents or other persons for whom it may in law be responsible. The Tenant agrees to indemnify and hold harmless the Marina Operator and, in the case of Marina Quay West, the City of Toronto, and save them harmless from and against any and all loss, claims, damages, liability, causes of action and expenses in connection with the loss of life, personal injury, loss or damage to property arising from or out of any occurrence in, upon or at the Marina occasioned wholly or in part by any act or omission of the Tenant and that such indemnification shall survive the termination of this Agreement.

29. Agreement Cancellation.
The Tenant shall have the right to cancel this Agreement at any time prior to the Agreement start date for both summer and winter terms with a full refund less a cancellation fee, which shall be the amount of the paid non-refundable deposit. In event of the Tenantís self termination of the Agreement after the Agreement start date, the Tenant shall pay for the slip based on published monthly fees from the Agreement start date to the date the boat departs the Marina.

30. Early Arrivals and Late Departures.
Unless otherwise agreed in writing in advance with the Marina Operator, in event that the Tenant arrives prior to the start of the Term or fails to remove its boat from the Marina upon completion of the Term, the Tenant shall pay to the Marina Operator a visitor fee based on the valid rate for each day upon which the boat is in the Marina. The Tenant acknowledges that following the closing date of the Term the Marina Operator must prepare the Marina for winter in-water dockage or the new summer season. The Tenant further acknowledges that the Tenantís assigned slip is not guaranteed and the Tenant may have to occupy a different slip or move its boat between one or more slips outside of the Term. Power and freshwater services may be shut off without notice at the end of the summer dockage term. The Marina Operator has no obligation to accommodate early arrivals or late departures outside of the Term of the Agreement.

31. Dock Attendant Staff.
Dock attendant staff will be available as per posted hours at each Marina. Staff can be contacted at posted phone numbers or on VHF Ch. 68 as Harbourfront Centre Dock Master during such hours for assistance.

32. Boat Operator Competency.
The operator(s) of the Tenantís boat shall hold both a valid Ports Toronto Power Vessel Operators License and shall comply with Federal Government requirements concerning operator competency.

33. Visiting Tenants.
Any Tenant who is a visiting Tenant acknowledges that check out time is at 1100 hours daily. In event that the visiting Tenant fails to depart the Marina by such time, the visiting Tenant agrees to pay to the Marina Operator a docking fee for the period that the boat remains in the Marina.

34. Slip Location.
The Marina Operator reserves the right to alter, from time to time, the slip location to be used for dockage of the Tenantís boat.

35. Restricted Purpose.
The Tenant agrees to of the Marina and the Marina for their intended purpose only Ė the dockage of a pleasure craft to be used as such on a regular basis. The Marina is not being operated primarily as a residential location. The Landlord and Tenant Act does not apply to slip occupancy. The number of live aboards shall be limited. The Tenant acknowledges that the Tenant will take the boat in and out of the Marina for use as a pleasure craft and it will not remain stationary in its slip for the term (excluding winter).

36. Fee Payments.
The Tenant agrees to pay to the Marina Operator the dockage fees herein stipulated upon online acceptance of and/or execution of this Agreement and to pay any additional fees upon demand. The Tenant further agrees to pay for all other services performed or rendered by the Marina Operator in accordance with any invoice generated by the Marina Operator.

37. Vehicles, Loading and Unloading.
The Tenant agrees that no vehicle parking or vehicular access to its boat is included with the Agreement. Loading and unloading supplies onto the Tenantís boat is permitted provided it is done so within the 15 minute allowed time in a lawful manner using designated nearby roads. Under no circumstances are vehicles to be driven on promenades and sidewalks within the Marina area. The Tenant acknowledges that all vehicles found otherwise shall be tagged and towed at the expense of the Tenant.

38. Satellite and Antennas.
Tenant shall not install any signal reception hardware such as satellite dishes, internet antennas or the like in the Marina area without written consent of the Marina Operator. Such equipment shall be removed upon termination or expiry of this Agreement. Equipment must be removed upon request at the sole expense of the Tenant.

39. Adjacent Slips.
Should the Tenant request use an adjacent vacant slip, or the Marina Operator is unable to physically locate another boat beside the Tenant due to the beam of the Tenants boat, the Tenant agrees to pay an additional fee, if levied by the Marina Operator, for such slip (summer term only).

40. Slip Assignments.
The Tenant acknowledges that certain boat length and beam limits apply to the slips within the Marina. All slip assignments shall be at the sole discretion of the Marina Operator. The Tenant shall not relocate its boat or occupy an alternate location without written advanced approval from the Marina Operator.

41. Supplementary Watercraft.
The Tenant acknowledges that additional amounts may be due for the in-water storage of supplementary boats such as personal water craft, inflatables, dinghies or the like. Such craft shall occupy the same slip as the Tenants primary boat. Fees for such craft docked at their own slip in the Marina are payable at current rates.

42. Pro-rated Summer Fees.
Pro-rated summer seasonal fees are offered only as of June 15th if slips remain available. Slips will not be held before June 15th for Tenants seeking pro-rated fees. Pro-rated fees only apply on summer agreements dated to October 15th. Season long fees apply where the Marina Operator holds or the Tenant occupies a seasonal slip before June 15th.

43. Acceptance Deadline.
This Agreement must be accepted on line or returned by the required seasonal deadline with the required non refundable deposit to hold a renewal slip for the Tenant to May 1st only. The Tenant acknowledges they will forfeit the renewal slip if they do not comply with all terms and conditions including submission of an agreement, other required documents and deposit prior to May 1st.

44. Marina Etiquette.
The Tenant's behavior in the Marina area (including that of the owner and all guests as defined within) shall be suitable to a public place, Harbourfront Centre's clientele, boating etiquette and the safety of all. Any act, including content of written correspondence, which in the sole discretion of the Marina Operator, is inappropriate, shall be cause for immediate termination of this Agreement and removal of the Tenants boat as outlined in Section 3 of this agreement.

45. Winter Dockage.
If this Agreement has been accepted for winter dockage the Tenant acknowledges that additional terms and conditions in form of an addendum specific to winter dockage may accompany this Agreement. If the Tenant accepts the terms and conditions of this Agreement they also agree to the terms and conditions contained within any such addendum.

46. No Commercial Activity Permitted.
The Marina Operator does not approve or permit the Tenantís pleasure craft to be used as a passenger vessel for reward, remuneration or profit or permit it to be used for any form of commercial activity, business, charter or passenger vessel operation. The Tenant, or any representative(s) of the Tenant, shall not offer the boat to the public for the purposes of overnight accommodation, tours, excursions, cruises of any type or other activity unless agreed and approved in writing as outlined in a separate commercial marine Agreement. Transport Canada Marine Safety will be advised upon discovery of any passenger related commercial activity on the Tenants boat. No third party shall make the Tenant's boat available to the public or promote it in any fashion for any commercial purpose. Charterers and their guests as passengers, as defined in the Canada Shipping Act, are not permitted on the Marina docks and may not board or depart the Tenants boat from any of the Marina Operatorís managed properties from York Street to Bathurst Street including John Quay. Should the Marina Operator learn of any such activity it will advise the Tenant and/ or its representative(s) to immediately discontinue such activity or, if not, will be cause for immediate termination without warning of this Agreement.

47. Animal Deterrence.
The Tenant agrees that the Marina Operator is not responsible for any damage or mess that may be caused by nuisance animals such as raccoons, ferrets or the like. The Tenant shall keep its boat tightly closed, clean and tidy to deter such animals from entering the Tenantís boat or Marina.

48. Nuisance Odour.
The Tenant shall ensure that any odour emanating from the vessel or its contents is not offensive, a nuisance, bothersome or unhealthy to those in the Marina at the sole discretion of the Marina Operator. Upon notification of such the Tenant shall take immediate action to eliminate such odour to the satisfaction of the Marina Operator at Tenantís sole expense.

49. Ice Agitation Devices.
For the winter term the Tenant must use proper approved ice agitation device(s) of a suitable size and quantity for the described boat at the sole discretion of the Marina Operator. The Tenant shall keep such in working condition, properly positioned and turned on throughout the winter term to keep the boats hull area clear of ice. The Tenant shall pay additional electrical fees based on published rates for any summer term use of such devices.

50. CSA-Approved Electrical Devices.
The Tenant shall use only Canadian Standards Association (CSA) approved marine grade electrical devices including cords, plugs, adapters and other equipment. The Tenant acknowledges that the Marina has an annual electrical safety inspection by the Electrical Safety Authority (ESA). If any electrical devices are used that do not meet CSA, ESA or the Marina Operatorís approval the Tenant must remove such devices immediately. If such devices are found to be unsafe the ESA and/or the Marina Operator have the right to disconnect and remove such devices or turn off all power to the boat or the dock immediately without notice and at Tenantís expense.

51. Power Consumption.

Summer Power Consumption. The Tenant acknowledges that the cost of any consumption of power for access to one 30-amp service for a summer term is included in dockage fees. Discounts on dockage rates are not offered if power is not required or available. The Tenant shall pay the published rate, as invoiced, for the use of any additional electrical outlet(s), if available, and approved by the Marina Operator in writing. The Tenant shall not move its boat into other Tenants assigned slip or any visitor slip to obtain power unless agreed in writing. The Marina operator is not obligated to provide power under any circumstance and shall not be liable for any damages resulting directly or indirectly from the stoppage of electricity from an electrical power failure or shutdown however caused.

Winter Power Consumption. The tenant acknowledges that the cost of power consumption for a winter term is not included in dockage fees. The Tenant agrees to pay the Marina Operator the applicable fee for access to a pre-selected and approved 30, 50, 60 or 90 amps at designated outlet location(s). The Tenant shall not add or use additional power without first submitting an additional power order form with payment upon written marina approval. The Tenant is required to provide alternate power supplies should there be a stoppage of electricity from a shorter term electrical power failure however caused. The Marina operator shall not be liable for any damages resulting directly or indirectly from the stoppage of electricity or an electrical power failure or shutdown however caused. Refunds for winter power consumption will not be offered. The Marina Operator shall endeavor to provide an emergency generator for the affected pier or the marina should a major prolonged local power outage occur.

52. Dock Carts.
The Marina Operator provides dock cart(s) for use by the Tenant to transfer groceries, luggage and other clean light weight items to and from the boat. The Tenant agrees to return such cart(s) to the proper place in a clean and good state of repair. Such carts shall not be used for the transfer of heavy items that may cause damage to the cart or transport greasy, oily or dirty items that may stain or dirty the cart.

53. Blocking Access.
The Tenant shall not tie any boat or item onto or block access to any of the Marina safety ladders, safety equipment, power pedestals, water supply posts or fire extinguishers and shall only tie boats to provided cleats.

54. Fastening and Securing Brackets.
The Tenant shall not fasten or secure any brackets, whips, supports or structures to the docks for the purposes of securing a boat or personal watercraft docking system without the written consent of the Marina Operator. The Marina Operator must install such devices so they are secured correctly as to not cause damage to the dock. The Tenant shall pay a fee to the Marina Operator for any such installation including all time and materials.

55. Marina Operator Acceptance Rights.
The Marina Operator reserves the right to accept or decline any hard copy document or on-line submission as application for dockage without cause.

56. Tenantís Risk Assumption.
The Tenant, as a responsible boat owner, acknowledges and assumes all of the risks of keeping a boat in a marina within Toronto Harbour and understands the risks of exposure of itís boat to waves, wind, precipitation, temperature, high or low water levels, ice and any potential weather event throughout slip occupancy and the full term of this Agreement. Marina Operator assumes no responsibility for these or other risks.

57. Theft, Damage and Vandalism.
The Marina Operator will not be responsible for any damage to the Tenantís boat and belongings however caused by the throwing or disposal of cigaretteís or the like, food or debris from the Amsterdam pedestrian bridge. The Marina Operator will not be responsible for any theft, damage or vandalism however caused as a result of unknown persons entering the docks or the Tenantís boat. The Tenant agrees to secure its boat and keep provided security gates closed at all times.

58. Portable Gas and Fuel Containers.
The Tenant shall restrict use of any form of portable gas or fuel container to transfer fuel into the Marina and shall not frequently transfer fuel into any vessel in recognition of this being an unsuitable, unsafe and potentially environmentally damaging act.

59. Water Consumption.
The Marina Operator has the right to charge Tenant an additional fee for the consumption of City water from any hose bib on the dock or on or within the Marina building. Water shall be consumed for purposes of filling potable water tanks and performing necessary wash downs. Water shall be conserved and not left running unnecessarily.

60. Umbrellas and Shade Devices.
Umbrellas, tents, or other shade devices are not permitted unless approved in writing by the Marina Operator. If approved, such devices shall not be secured to any water or power pedestal. The Tenant shall pay for any damage should a device damage any Marina property. Such devices must not be in conflict with any of the Marina Operators corporate sponsors. Marina Operator reserves the right to remove any device that is not in compliance with the terms of this Agreement without any liability and at the sole cost of Tenant.

61. Pedestrian Bridge and Assumption of Risk.
Should the Tenants boat be docked under the Amsterdam pedestrian bridge the Tenant is advised that the Marina Operator shall not be responsible for any damage, loss or injury to the vessel or other property of the Tenant as a result of water, rust or any debris falling on to the Tenantís boat. If conditions do not meet the Tenantís satisfaction, the Tenant shall move it's boat to an alternate suitable mutually agreed location within either of the Marina Operators two Marinas or, if suitable space is not available at these locations, to an alternate Marina and a prorated refund may be offered.

62. Governing Law.
This Agreement shall be interpreted in accordance with and governed by the laws of the Province of Ontario and the laws of Canada applicable therein. The parties attorn to the courts of Ontario.

63. Agreement Headings.
Any headings used in this Agreement are inserted for reference only and in no way define or limit any of the provisions hereof.

64. Severability.
A declaration by a court of competent jurisdiction that any provision of this Agreement is invalid or unenforceable shall in no way affect the validity or enforceability of any other provisions of this Agreement

Updated November 2017

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