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 other 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. Updates may be e-mailed to the Tenant or posted on marina bulletin boards. 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 the event that the Tenant breaches any one or more 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 Boat 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 the 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, at a minimum, liability insurance for a minimum amount of $2,000,000 CDN. Winter term insurance must contain ďpermission to live aboardĒ and ďlayup the vessel or boat 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 Boat 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
Boats docked in the Marina must be seaworthy and capable of moving under their own power. The Tenant shall maintain the Boat structurally, mechanically and keep it clean and presentable both inside and outside to a level satisfactory to the Marina Operator in its sole discretion. 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 to immediately remove the boat using professional marine services in a timely fashion. In event that the Tenant fails to do so a 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. In such an event, all costs incurred by the Marina Operator in moving the Boat shall be the responsibility of the Tenant and the Tenant shall reimburse the Marina Operator for all such costs. The Marina Operator shall not be liable or responsible for any damage and/or loss to the Boat or incurred by the Tenant arising from the Marina Operator having to move the Boat in accordance with the terms herein.
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 for all local seasonal weather and wind conditions. 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 then 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 authorization in writing from 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 or similar program 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. If permission is granted, the Tenant shall ensure that under no circumstances will any hazardous material such as oil, antifreeze, batteries etc. be left or spilled in the Marina. Failure by the Tenant to ensure that no hazardous material is left or spilled in the Marina shall constitute a material breach of this Agreement by the Tenant.
9. Pumps and Sewage
Discharge of heads, Boat toilets, holding tanks, contaminated bilge water, into the Marina is a violation of governmental laws and constitutes a material breach of the terms and conditions of this Agreement. Nearby pump out facilities are available for the Marina at the posted rates. Emptying of portable toilets in restrooms or anywhere in and around the Marina, is strictly prohibited. The restrooms at the Marina shall be used only for the purposes for which designed. Waste oil and battery disposal are not available at the Marina but can be facilitated by the Marina for a fee. Under no circumstances is should oil, fuel or hazardous material be emptied using the pump out facility.
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 sole responsibility of Tenant. The Tenant acknowledges the utmost importance of preventing any spill. In event of a spill from the Tenantís 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 areas or recycling areas 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 whenever possible. The Tenant acknowledges the Marina Operator is involved in various industry environmental programs as outlined on its website and the Tenant shall participate in a responsible fashion. Failing to do so may be cause for immediate termination of this Agreement.
11. Barbecues and Open Flame Cooking
Propane barbecues of any type, charcoal fires or any kind of open flame cooking appliance are not permitted to be used on the docks, breakwater or piers at any time. The Marina Operator retains the right to demand the immediate removal of any barbeque or any other cooking appliance if deemed by the Marina Operator, in its sole discretion, to be unattractive, inappropriate or unsafe. If the Tenant fails to remove the item immediately the Marina Operator will do so at the Tenantís expense. The use of propane marine designed barbeques are permitted in the Marina but must only be used aboard the Boat and must be affixed to the Boat. No barbecue or propane tank of any type or size shall be stored on the dock at any time.
12. Portable Gas and Fuel Containers
The Tenant shall not use any form of portable gas or fuel container to transfer fuel in the Marina from a container into the Boatís fuel tank(s). The Tenant acknowledges and agrees that such restriction is in place in recognition of this being an unsuitable, unsafe and potentially environmentally damaging act. Fuel cans or containers shall not be stored in the Marina premises at any time, including the storage of such containers even when empty. Portable Gas and Fuel Containers may not be left on docks and may not be stored in dock boxes. The Marina Operator will remove any fuel container found on the dock at the Tenantís expense.
13. Umbrellas and Shade Devices
Umbrellas, tents, or other shade devices are not permitted without the prior written approval of the Marina Operator, such approval to be in the sole discretion of the Marina Operator. If approval is granted, the use of such umbrella, tent or other shade device shall be subject to the conditions set out in this Agreement or as otherwise determined by the Marina Operator, all as may be amended from time to time in the Marina Operatorís sole discretion. The Marina Operator has the right to limit the number of such devices on each dock. If approved, such devices shall not be secured to any water, power pedestal, ladder or other marina fixture. The Tenant shall pay for any damage should a device damage any Marina or other personal property. Such devices must not be branded in any manner (not even with local restaurants or suppliers), contain logos or any text. Such devices must be solid black in colour with no other features or markings and they must be double vented and must measure no more than six feet in diameter. Umbrellas shall be left folded down at all times unless in use and shall only be used in suitable wind and weather conditions. The Marina Operator reserves the right to amend the terms of this section at any time and 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.
14. Severe Weather
The Tenant shall be responsible for properly securing the Boat in the event of severe weather so that no damage occurs to the Tenantís Boat, other boats in the Marina or to the Marina itself. If, in the sole opinion of the Marina Operator, the Tenant has not taken necessary and appropriate precautions, Marina personnel may, but shall not be obligated to, appropriately secure the Boat or prepare the Boat for foul weather at the cost and expense of the Tenant. The Tenant shall be responsible for all damage incurred to its Boat, other boats and to the Marina arising from the Tenantís failure to properly secure their Boat.
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. The use of loud amplified speakers is not permitted in the Marina at any time. All forms of music and use of audio devices are not permitted after 10:00 P.M. nightly or before 8:00 A.M. daily. Violation of Noise may result in immediate termination of this agreement, and the Tenant will be requested to immediately remove their Boat from the Marina at the sole cost and expense of the Tenant. The Tenant is responsible for the actions and behavior of any guests to the Boat even in the Tenantís absence.
16. Disorderly and Harassing Conduct
The Marina Operator has a zero-tolerance policy with regard to disorderly, harassing or abusive conduct by any of its Tenants and/or guest of its Tenants. Disorderly conduct by a Tenant or their visitors, guests, family, or others will not be permitted. Public intoxication, profanity, or abusive language directed at anyone will not be tolerated. Any Tenant, visitor, guest, family or other invitees of the Tenant who cause or threaten harm to a person or property of anyone else will be subject to immediate removal from the Marina and immediate termination of this Agreement in the Marina Operatorís sole discretion. Harassing and abusive language directed to any staff member will not be tolerated for any reason and may result in the immediate termination of this Agreement in the Marina Operatorís sole discretion. The Tenant is responsible for any actions and behavior of any guests and/or invitee of the Tenant, even in the Tenantís absence.
17. 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 Marina staff prior to being posted. 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 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.
18. 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 sales operations of any kind are permitted in the Marina space unless approved in writing by the Marina Operator.
19. No Commercial Activity Permitted
The Marina Operator does not approve or permit the Tenantís Boat to be used as a passenger Boat for reward, remuneration or profit or permit it to be used for any form of commercial activity, business, charter or passenger boat 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, water sports, cruises of any type, transport or water taxi or other commercial activity unless agreed and approved in writing as outlined in a separate commercial marine Agreement. Transport Canada Marine Safety, Ports Toronto and Toronto Police Services Marine Unit will be advised upon discovery of any passenger related commercial activity on the Tenantís 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 Tenantís 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 and/or will be cause for immediate termination of this Agreement in the Marina Operatorís sole discretion.
20. Storage and Dock Boxes
Tenant shall not store or allow to be stored any gear, bikes, scooters, canoes, kayaks, dinghies, pwcís, chairs, fuel cans, paints, oil, hazardous waste, tables, refrigerators, 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.
Marina grade and designed white fiberglass dock boxes are permitted only upon prior written permission and conditions set by the Marina Operator in its sole discretion. Deck or home patio boxes not designed or intended for marina environment use are not permitted under any condition. The Tenant is limited to one (1) marine dock box per assigned Slip. Dock boxes must be white fiberglass, attractive and, appropriate in size no larger than 72" Width x 24" Height x 23" Depth. Dock boxes must not block pedestrians or access to other boats. Dock boxes must be kept clean and in good state of repair at the sole discretion of the Marina Operator and shall be moved when requested by the Marina Operator. Any dock boxes not kept in good state of repair, including having a missing lid, will be removed with contents by the Marina Operator at the cost of the Tenant. All items including dock boxes must be removed at the end of the term. Relocation of a dock box must be done immediately should the Tenantís assigned slip be changed within the term or for seasonal purposes including winter accommodation. The Marina Operator makes no representation or guarantee that there will be suitable space for a dock box at the Tenantís slip. In event that a cleat, safety ladder, power or water post or other fixed item including another tenantís dock box prevents the location of a dock box at the Tenantís Slip, efforts may be made with no guarantee to accommodate a box at another nearby location. All dock boxes must be affixed to the dock in a manner approved by the Marina Operator to prevent high winds from blowing a dock box or its contents around the Marina and/or into the water. The Tenant must clearly place the Tenantís Boat name on the box or the Tenants last name in the lower left hand corner of the dox box lid so the Marina Operator may identify the ownership of the Dock box at any time.
21. Common Area
All common areas, including, without limitation, buildings, drives, recreational areas and facilities, grounds walkways, parking areas, and all docks, breakwater and piers shall be kept free and clear of obstructions, and no materials or personal property of any kind shall be stored or left on docks. No part of the common areas, docks, and finger piers shall be decorated or furnished by Tenant in any manner. All personal property must be kept on Tenantís Boat.
22. Boat Repairs
Routine maintenance such as cleaning, and minor repairs necessary for the preservation and seaworthiness of the Boat at individual Slips are restricted to activities that can be performed without materials entering the water or causing any damage to common areas, docks, or piers. Tenant shall not repair, sand, paint, or scrape any part of the Boat or gear when docked in the Marina or on the docks, the finger piers, or any common area of the Marina.
Tenant shall not hang laundry on the Boat or anywhere in or around the Marina.
24. Swimming, Fishing and Miscellaneous Activities
Due to boat traffic and other harbour hazards such as potentially high bacteria levels or stray electrical current, swimming, diving, kayak rolling, canoe swamping, paddle boarding and fishing are strictly prohibited within the Marina. The following activities, although not a complete list, are also prohibited in the Marina and on docks, breakwater or piers: fish cleaning, fireworks, firing of marine flares, flying of kites, and use of remote controlled drones from either on the docks or onboard the Tenantís Boat.
25. 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, or permitted dock areas to be used for the docking or storage of any other boat, dock box, or vessel other than the 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 the Boat it is to be removed from the Marina immediately. This Agreement does not transfer with the sale of the Boat and is not transferrable to any purchaser of the Boat. If a sold boat remains in the marina following transfer of ownership any new owner will be required to complete an agreement and pay applicable visitor fees, however, the Marina Operator does not guarantee the availability of any Slip to a new owner of the Boat arising from sale of the Boat by the Tenant.
26. 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. In the event of the Boat sinking, the Tenant shall be responsible for any and all damage caused to the Boat arising from the sinking and/or the Boatís removal therefrom.
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.
28. 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 during the Tenantís vacancy. 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. The Tenant shall not be entitled to any form of refund or prorated fee adjustment as a result of not occupying the slip unless agreed in writing by the Marina Operator.
29. Children and Personal Flotation Devices (PFDs)
Children must be supervised and accompanied by an adult at all times. Children must wear an approved and weight appropriate life jacket, pfd or an approved inflatable at all times within or near the Marina area.
Pets must be leashed on the docks and within the Marina area at all times. In event that pets 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.
31. 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, but is not limited to, dock boxes. 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 at the cost of the Tenant.
32. Entry and Exit to/from Marina (No Wake Speed)
All boats operating in the Marina must enter and exit the Marina at a no wake speed so as to cause no discomfort, damage or injury to person or property. Tenants are liable for any and all damage or injury caused to any property or person by the Boatís 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 repaired 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 Boat can move at any time under its own power.
33. 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.
34. 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 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.
35. 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.
36. 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.
37. 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.
38. Boat Operator Competency
The operator(s) of the Tenantís Boat shall hold both a valid Ports Toronto Power Boat Operators License and shall comply with Federal Government requirements concerning operator competency.
39. 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.
40. Slip Location
The Marina Operator reserves the right to alter, from time to time, the assigned Slip location to be used for dockage of the Tenantís Boat. The Marina Operator shall not be responsible for moving the Tenantís Boat at any time. However, the Tenant authorizes the Marina Operator to move the Tenantís Boat (at the Tenantís sole expense) as may be required in the event of an emergency or to avoid loss or damage to Marina property, as determined in the sole discretion of the Marina Operator.
41. Restricted Purpose
The Tenant agrees to its use of the Marina and the Marina facilities for their intended purpose only Ė the dockage of a pleasure craft to be used as such on a regular basis. The Tenant shall not use the Marina for the purposes of using the Boat as a permanent residential location, and the Tenant acknowledges and agrees that the Marina is not being operated primarily as a residential location for the Tenant. The Landlord and Tenant Act does not apply to Slip occupancy. The Marina Operator reserves the right to limit the number of seasonal liveaboards as it sees fit. 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).
42. Acceptance Deadline
This Agreement must be accepted on line or a hard copy document returned by the required seasonal deadline with the required non-refundable deposit to hold a renewal Slip for the Tenant to May 1st for a summer term or October 31st for a winter term. The Tenant acknowledges they the Tenant will forfeit the previously assigned renewal Slip if they do not comply with all terms and conditions including submission of a signed agreement, other required documents and deposit prior to May 1st for the summer season.
43. 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.
44. Pro-rated Fees
Pro-rated summer seasonal fees are offered only as of June 15th for summer 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. Refunds on seasonal fees on a prorated basis will only be offered under certain specific conditions in the Marina Operatorís discretion and as approved by senior staff as per the Marina Operatorís refund policy. Payment is due for the full term upon execution of this agreement. Payment plans offered are subject to administration fees, and the full term must be paid in full 30 days before the end of the term.
45. Supplementary Watercraft
The Tenant acknowledges that additional fees may be due for the in-water storage of supplementary boats such as personal water craft (pwcís), 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.
46. 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.
47. 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.
48. Satellite and Antennas
Tenant shall not install any signal reception hardware such as satellite dishes, internet / Wi-Fi antennas or the like in the Marina area without written consent of the Marina Operator in Marina Operatorís sole discretion. Such equipment shall be removed upon termination or expiry of this Agreement. Equipment must be removed immediately upon request at the sole expense of the Tenant.
49. 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).
50. 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. Boats may only occupy the specific Slip that is assigned to the Tenant in this Agreement. Boats found in unassigned Slips may be moved at the Tenantís expense and may be subject to additional fees at the Marina posted per day visitor rate.
51. 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.
52. 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. The Marina Operator is not obligated to trap, catch or remove any such nuisance animals from the Marina.
53. Nuisance Odour
The Tenant shall ensure that any odour emanating from the Boat 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.
54. 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 use of such devices including the use of such devices in summer to keep debris away from the Boat.
55. 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 has 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. The Marina Operator will not compensate the Tenant for any loss of consumables as a result of such a power shut down.
56. 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 including loss of food or drink 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
57. 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.
58. 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 the 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.
59. 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.
60. Tenantís Risk Assumption
The Tenant, as a responsible boat owner, acknowledges and assumes all of the risks of keeping their Boat in the Marina within Toronto Harbour and understands the risks of exposure of the 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.
61. Theft, Damage and Vandalism
The Marina Operator will not be responsible for any damage to the Tenantís Boat and belongings however caused. 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 acknowledges they have chosen to keep their Boat in a public marina accessible by both land and water. The Marina Operator endeavors to provide certain security for land access only, including the provision of dock key locked security gates, gate and office door signage, a locked private washroom/ laundry area, and 24/7 on call Security (416†973†4885). The Tenant is obligated to keep its boat locked and closed up, to lock valuables below or not leave them onboard and to make sure all persons visiting the Boat close dock gates behind them whether entering or exiting the dock. Tenants should report any breach of security within the Marina or onboard the Tenantís Boat immediately to Marina Operator security personnel and/or the Police. The Tenant also acknowledges that the Toronto Police Marine Unit is nearby and the Tenant agrees that Tenant must report any criminal act including vessel hit and run collision damage to the Police immediately.
63. 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. Dock water may be turned off without notice to conduct repairs or prevent freezing.
64. 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 Boat 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 based on conditions may be offered
65. 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.
66. 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.
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 February 2019