DOCK AND MARINA RULES AND REGULATIONS

November 11, 2010 12:14 pm

1. All applicants for a slip and current slip holders expressly acknowledge and agree to all of the terms set forth herein by acceptance or continuance of a slip lease.

2. Any boat (defined herein to be motorized, non-manual propelled boats) in the marina must be at least fifty-one percent (51%) owned by one or more Bluff Point on the Severn (“Bluff Point”) real property owners that own(s) at least 50% of his/her/their property in Bluff Point. Multiple owners of record of a single piece of real property shall be considered one person for the purposes herein. All of the names of all owners must be officially shown on all boat and real property documentation, and all owners must sign an Affidavit attesting to the percentage of ownership in the subject boat and real property. Any current slip holders (boats assigned slips as of January 1, 2010) that do not meet the ownership requirements set forth herein shall be grandfathered herein, and shall not have to comply with this requirement.

3. Renters may assume the rights of Bluff Point real property owners to apply for a slip provided: (1) written permission from the real property owner is submitted to the Dock Master for each twelve (12) month period, and said notice contains a waiver of the real property owner’s right to apply for a slip in the real property owner’s name for the duration of said period; and (2) the real property owner is not a current holder of any slip. All renters must also be at least fifty-one percent (51%) titled owners of the subject boat.

4. Applicants and slip holders also must be current members of the Bluff Point Homeowners’ Association in good standing, and must be current with all fees/dues. Any lapse in membership or failure to timely pay any and all fees/dues will cause an applicant’s name to be removed from the waiting list and/or will cause the immediate termination of a slip lease.

5. All members of the slip wait list must renew their wait list membership annually. Wait list membership renewal must be completed on or before March 1st of each year by providing written notice to the Dock Master, to be delivered and received on or before this date. Failure to renew slip wait list membership on or before this date will result in the automatic removal from the wait list and loss of current position on the wait list. Removals will take place without notice by the Dock and Marina Committee.

6. Copies of the wait list shall be available from the Dock Master at any time upon reasonable request.

7. Owners of real property in Bluff Point may only be assigned one (1) slip, regardless of the number of properties and/or boats owned. No owner of any real property in Bluff Point shall have the right to occupy more than one (1) slip.

8. All slip holders must own a boat properly registered and titled in their name and insured in accordance with the terms set forth herein. All boat insurance policies must include a minimum of $100,000.00 liability coverage and $1,000.00 personal property coverage. Photocopies of boat title, current registration, and an Affidavit regarding ownership provided by the Bluff Point Homeowners’ Association (if multiple owners or entity ownership issues exist (i.e., a limited liability company or a Trust)), and the applicable insurance policy, with all bearing the name of the slip holder(s) will be required to be presented with the annual slip rent payment. Slip rent payments will not be accepted without the required documents. Payment for newly assigned slips is due in full within thirty (30) calendar days of slip acceptance. Failure to meet the payment deadline will result in loss of slip. A grace period, not to exceed sixty (60) calendar days, may be granted by the Dock and Marina Committee to accommodate the provision of documents evidencing these items for individuals buying a new boat or trading boats, provided adequate documents show that such a change or purchase is in progress.

9. Slip assignments or reassignments will be offered in the following priority: (a) slip holders who are over- or under-slipped; (b) slip holders desiring relocation; (c) persons on the slip waiting list. Any change in slip assignments made by the Dock and Marina Committee shall take effect immediately and shall be final. The Dock and Marina Committee has the right to reassign slips as necessary, such as when a small boat is in a large slip and smaller slips are available, or when the slip in question is too small for a large boat. Any current slip holders (boats assigned slips as of January 1, 2010) shall be grandfathered herein, and shall not be reassigned or moved unless express and written agreement is received from all slip holders to be moved or reassigned.

10. The Dock and Marina Committee will use reasonable diligence to notify eligible applicants by telephone and/or certified mail that a slip is available for assignment. However, if after fifteen (15) calendar days these attempts are still unsuccessful, the next applicant on the waiting list will be offered the available slip; this will not result in a loss of any relative position on the waiting list.

11. An offer of a slip assignment must be accepted within seven (7) calendar days following notification or the next applicant will be offered the slip. Acceptance of a slip must be provided in writing and by in-person delivery or Certified Mail/Restricted Delivery,received by the Dock Master on or before the end of the deadline set forth herein.

12. Positions on the waiting list are not transferable under any circumstances.

13. The marina may not be used as a base for the chartering of boats or carrying of paying passengers, except that any slip holder may authorize the use of their boat for charitable purposes such as offering use of the boat as a charitable auction donation.

14. Live-a-boards are not permitted under any circumstances.

15. There will be no refunds of slip fees once paid under any circumstances due to the administrative burden of same.

16. Slip holders may not allow guests to occupy their slips for any longer than a forty-eight (48) hour period.

17. All boats are to be kept in a safe, operable, and seaworthy condition. The Dock and Marina Committee and/or the Bluff Point Homeowners’ Association reserves the right to remove any boats that do not meet this requirement for a period of ninety (90) calendar days or more at the sole cost and expense of the slip holder(s).

18. All boats in slips must display a current Maryland registration and/or documentation sticker, except for boats not required to be registered.

19. A slip holder shall be responsible for any damage caused by his boat, regardless of who is operating it. Slip holders shall ensure that caution and boat handling safety is exercised on their boats at all times.

20. No improvements, repairs or modifications to slips, docks, piers, pilings or any other structural items, or any electrical or plumbing items, are permitted without the express written consent of the Dock and Marina Committee.

21. Boat operators shall obey all regulations of the United States Coast Guard and the Natural Resources Article of the Annotated Code of Maryland. No overboard discharging of heads is permitted at any time.

22. There shall be no storage of equipment, trailers, small boats, or dinghies on the Bluff Point Homeowners’ Association’s property.

23. All slip holders and users are required to help keep the marina clean and safe.

24. The use of contractors at the marina is permitted as long as the contractor is properly insured. Work by uninsured contractors is strictly prohibited. Any damage that is caused by contractor to the marina facilities, other boats or the environment, and is not covered by the contractor’s insurance is the responsibility of the slip holder(s) and boat owner(s), jointly and severally.

25. Pets are permitted in the marina areas; however, County law requires that pets be on leashes. Pet droppings must be removed by the pet owner.

26. The slip holder(s) by accepting and using a slip expressly acknowledge(s) that there are risks inherent in docking a boat at a slip or pier open to the public, including, but not limited to, trespassers, vandalism, destruction of property, unsafe boat handling by others, high tides, storm damage and other causes beyond the control of the Dock and Marina Committee, the Bluff Point Homeowners’ Association, its officers, Directors, and agents, and the Dock Master. All of these persons and entities shall not be responsible under any circumstances for any loss or injury that befalls a slip holder, slip user, and/or boat owner, their family or guests or the property of same. All of these persons and entities are not under any circumstances an insurer or guarantor of any kind of the safety or security of any boat, person or equipment in or around any slip. Additionally, all of these persons and entities have no duty to check or re-tie any boat or to patrol or guard any property or equipment on or around a boat in any slip. Each slip holder, slip user, and/or boat owner for themselves, their heirs, assigns, and representatives assume full and sole risk of any type of harm or damage to themselves, their guests, their boat and their equipment.

27. Locating and storing a non-motorized boat of any kind, a wave runner or a jet ski shall require the express consent of the Dock and Marina Committee and is subject to any and all space restrictions at the marina. In any event, locating and storing these types of items is not permitted within any slip space not leased at that time by the same owner(s), unless the express, written consent is provided by the owners of such an item and the slip holder(s). Owners of these types of items shall comply with all of the terms set forth herein. Any current slip holders (boats assigned slips as of January 1, 2010) and owners of these types of items that currently allow this type of set up at this time shall be grandfathered herein, and shall not have to provide evidence of express, written consent.

28. Slip holders must maintain a boat in their slip at all times (except during the months of October – May), and, in any event, may not leave the slip without a boat for more than one (1) month during the months of June – September, unless the boat is being used by the owners for travel, is under maintenance or is being serviced. If the boat is being used for travel, the slip holders have an affirmative obligation to inform the Dock Master of same prior to departure and to allow temporary use of their slip during their travels if the travel is to be for greater than one (1) month.

29. To the extent a slip holder is “between boats,” the slip holder shall be provided ninety (90) calendar days during the months of June – September to place a new boat in their slip and to then comply with all other terms and deadlines set forth herein. The slip holder does not have an obligation to place a new boat in the slip during the months of October – May in order to keep his/her/their lease rights to the slip. The tracking of the ninety (90) days shall be during the months of June – September only, and this tracking shall continue into the following season, if applicable (e.g., thirty (30) calendar days could be used up in one season, and the slip holder would then only have sixty (60) calendar days starting June 1 of the following season to place a new boat in the slip). Failure to meet the ninety (90) calendar day deadline shall result in the automatic loss of slip and placement at the bottom of the wait list by the Dock and Marina Committee.

30. The entire marina and all slips, piers, pilings, and other structures, and the plumbing and electrical systems at the marina are strictly property of the Bluff Point Homeowners’ Association. Any alterations of any kind are strictly prohibited unless written consent is applied for and provided by the Dock and Marina Committee. Any additions or alterations allowed by the Dock and Marina Committee to any of these items shall automatically become the property of the Bluff Point Homeowners’ Association (e.g., additions of slips, pilings or pier space of any kind).

31. Any lift mechanisms, floating docks, davits or other restraining items of any kind may be installed by the slip holder, provided written consent is applied for and provided by the Dock and Marina Committee prior to installation. These items shall remain the property of the slip holder at all times. In the event that a slip lease is terminated for any reason, a slip holder may sell these items to the new slip holder, or if such sale is unsuccessful for any reason by the time a new slip holder is assigned and following the expiration of fourteen (14) calendar days, the old slip holder must remove such items at his/her sole expense within twenty-one (21) calendar days and must pay for any and all damage resulting from such removal. To the extent that the old slip holders fail or refuse to remove such items after failing or refusing to agree upon a sale to the new slip holders, the Dock and Marina Committee and/or the Bluff Point Homeowners’ Association reserve(s) the right to remove such items at the sole cost and expense of the old slip holders.

32. Violations of any of the foregoing regulations may subject the violator to loss of his/her assigned slip or removal of his/her name from the slip waiting list by the Dock and Marina Committee.

33. Any disputes arising from the enforcement of any of these rules can be brought to the Bluff Point Homeowners’ Association for review.

34. Any disputes arising from the enforcement of any of these rules shall be strictly governed by Maryland law.