thereof, in the event of any unpaid sums due for use of mooring facilities, other services, materials and supplies charged to the RENTER’s
account, or for damages or injuries, including but not limited to fines, penalties, environmental restoration, and fuel spill clean-up,
caused or contributed to by the above described vessel or any vessel owned by the RENTER, or RENTER’, representatives or agents,
to any property of the HARBORMASTER and ANCHORAGE or any other person, property, or vessel at the ANCHORAGE. THE
REMEDIES PROVIDED IN FLORIDA STATUTES S. 328.17, FOR THE NON-JUDICIAL SALE OF A VESSEL FOR NON-
PAYMENT OF DOCKAGE ARE SPECIFICALLY INCLUDED AND INCORPORATED INTO THIS RENTAL
AGREEMENT AS AN ADDITIONAL REMEDY AVAILABLE FOR THE HARBORMASTER, AND THE RENTER
AGREES TO BE NOTIFIED AT THE POSTAL ADDRESS PROVIDED BY THE RENTER IF ACTION UNDER FS s. 312.17
BECOMESS NECESSARY.
6. FACILITIES: This AGREEMENT is for mooring space, holding tank pump out, dinghy docks, shower and bathroom
facilities, and use of garbage and recycling bins at authorized locations.
7. SOLE RISK: Mooring rental space is to be used at the sole risk of the RENTER, and the TOWN will not be liable for the care,
protection or security of the vessel, appurtenances or contents, or for any loss or damage of any kind or nature to the vessel, appurtenances
or contents, due to fire, theft, vandalism, collision, equipment failure, windstorm, hurricane, rains, or other casualties. There is no
warranty of any kind as to the condition of the piers, walks, gangways, ramps, mooring gear, or electrical and water service and the
TOWN will not be responsible for any injuries to persons or property occurring upon the ANCHORAGE property for any reason.
8. HOLD HARMLESS: The RENTER agrees to hold the TOWN, harmless and to indemnify the TOWN from any loss,
damage, or liability imposed by reason of any acts or omissions on the part of the RENTER, his agents, employees, or guests in the use
of the facilities. The indemnification provided herein includes, but is not limited to, all costs, expenses and reasonable attorney’s fees
incurred by the TOWN in any action based on the foregoing, including, but not limited to, any action brought by the RENTER,
RENTER’s family, crew, guests, heirs, assigns or subrogees.
9. FOUL WEATHER: In the event of a tropical storm or hurricane watch or warning, all vessels at the ANCHORAGE
should be properly secured for foul weather by the RENTER. It is the RENTER’S responsibility to be aware of such warnings and to
make arrangements for the proper securing of the vessel or removal of the vessel to another location. It is agreed that the TOWN will
not be held liable for any consequences in their attempt to protect life and property in the event of a tropical storm or hurricane including
a warning or watch. In the event it becomes necessary to move RENTER’S vessel, for safety purposes or otherwise, and the vessel is
unattended, the TOWN is authorized, but not required, to effect the necessary move at RENTER’S expense, which costs will become a
part of the rent for mooring of RENTER’S vessel.
10. FAILURE TO VACATE: In the event RENTER fails to vacate the mooring space within seven days after receipt of a written
Notice of Termination by the TOWN, RENTER hereby grants the TOWN permission to board the vessel and move it under its own
power, or to place it in tow and remove the vessel from its mooring space, to a location to be chosen at the sole discretion of the
HARBORMASTER, at RENTER’S expense, and to take possession of the mooring space.
11. ENFORCEMENT FEES: RENTER is responsible for and will pay any and all reasonable attorney’s fees, together with any
costs or other charges incurred by the TOWN in the enforcement of any provision of this AGREEMENT.
12. SEVERABILITY: The mooring of vessels at the ANCHORAGE is hereby declared to be a privilege and not a right, and all
rentals are terminable with cause upon one week’s written notice at the discretion of the TOWN, subject to appeal as identified below.
13. DISPUTES: Disputes arising under the RENTAL AGREEMENT will be presented to the HARBORMASTER. The
HARBORMASTER will resolve disputes arising out of the activity on the waters of the Town related to mooring and anchoring, subject
to appeal to the Anchorage Advisory Committee. Thereafter, in an appropriate instance, the recommendation of the Anchorage Advisory
Committee may be presented to Town Council for a final determination. RENTER may go to Town Hall in person or may phone the
TOWN at (239)-765-0202 to present a dispute to the HARBORMASTER or appeal the HARBORMASTER’s determination to the
Anchorage Advisory Committee.
14. VESSEL REPAIRS: RENTER is required to notify the TOWN when work is to be done by an outside contractor on
RENTER’S vessel; the nature of the work; the name, address and phone number of the party doing the work; and a copy of the insurance
policies of the party doing the work.
15. MODIFICATION: This AGREEMENT is the entire agreement between the parties and may only be modified in a writing
executed with the same formality.
16. VENUE AND APPLICABLE LAW: This AGREEMENT will be construed in accordance with the laws of the State of
Florida. Venue for any action to enforce the provisions of this agreement will be in Lee County, Florida.
I ac
knowledge that I have read and accept the terms and conditions, listed front and back, of this lease agreement.
_____________________________ Date_______ _____________________________ Date_______
RENTER HARBORMASTER or designee
Cop
ies to: White –Town of Fort Myers Beach, Florida
Hull scraping is prohibited in the Mooring Field.
PLEASE EMAIL COMPLETED FORM TO INFO@MATANZASINN .COM
OR PRINT AND BRING TO MATANZAS INN UPON ARRIVAL
