PEAKS ISLAND MARINA
DOCKAGE AND MOORING AGREEMENT
2025 SEASON
Terms and Conditions Applicable to Use of Peaks Island Marina
In consideration of payment of current berthing charges, Peaks Island Marina, LLC, Lionel Plante Associates, Inc., LPA Properties, Inc., and LPA Properties II, LLC (hereinafter collectively called the “Marina”), agrees to lease to vessel owner or owner’s authorized representative (hereinafter called the “Lessee”) a berth or mooring, as applicable, for a period of minutes, hours, or days, as may be orally agreed between the parties, between June 1, 2025, to October 15, 2025, subject to the following terms and conditions, as well as any additional rules and regulations as Marina may establish and post at the Marina for the safety, benefit, and convenience of all vessel owners and their guests.
1. Advance Payment: Lessee shall pay the Marina for the use of his/her vessel’s berthing space and a license to use adjacent areas as provided herein at the per foot rate of the overall length of the vessel, or the length of the slip, whichever is greater at Marina’s discretion. Any outstanding balances will be charged interest at the rate of 1.5% per month (18% annually). Vessel’s L.O.A. will be verified and invoiced accordingly. No vessel will be allowed to berth at the Marina without advance payment in full.
2. Fees are Non-Refundable: Please be aware that once you remit payment for your slip or mooring, the Marina cannot offer refunds or credits.
3. Risk of Loss and Damage: Lessee is aware that the consideration paid to Marina for his/her vessel’s berth or mooring is disproportionately small in comparison to the value of the vessel and equipment involved, and Lessee is further aware of the various types of risks that are involved, and associated with, the berthing of his/her vessel at Marina’s facilities. Therefore, it is agreed that the vessel and all other property of the Lessee, his/her employees, servants, agents, and guests, which might be brought on to Marina’s premises, is during the term of this contract and any extensions thereof, at the sole risk of Lessee and his/her servants, agents, and guests at Marina. Marina, and its agents, servants, and employees, will not be liable for any loss or damage to Lessee’s vessel or any related property under any circumstances including, but not limited to, fire, theft, vandalism, or water damage, nor as the result of any negligent acts or omissions of Marina, its agents, servants and employees. Lessee further agrees and does hereby, on behalf of himself, his heirs and executors, employees, servants, agents and guests, during the term of this contract or any extensions thereof, release, remise and forever discharge Marina, its agents, servants and employees from any liability for loss or damage to the Vessel Lessee, his/her employees, servants, agents and guests under any circumstances including, but not limited to, any negligent acts or omissions of Marina, and Lessee agrees on behalf of himself/herself, his/her employees, servants, agents and guests to assume the sole risk of any such loss or damage.
4. Vessel Condition and Guests: Lessee agrees to have his/her vessel properly registered, equipped, and maintained. Lessee shall be responsible for any and all damage Lessee or the Lessee’s guests or crew may cause, in whole or in part, to other vessels at the Marina, or to Marina facilities. Lessee further agrees to indemnify and hold Marina harmless, including costs and attorney’s fees, from any liability arising from Lessee’s or Lessee’s guests’ or crew’s use of the Marina and its facilities, including but not limited to, any expenses, costs, losses, pollution claims, or third-party damage claims attributable, in whole or in part, to Lessee, or Lessee’s guests and crew.
5) INDEMNIFICATION AND INSURANCE: LESSEE SPECIFICALLY AGREES THAT HE/SHE HAS PROCURED (1) HULL, (2) PROTECTION AND INDEMNITY, AND (3) AT MARINA’S DISCRETION, POLLUTION INSURANCE COVERAGE FOR HIS/HER VESSEL WHILE BERTHED AT MARINA, AND THAT ALL SUCH INSURANCE DESCRIBED HEREIN SHALL BE THE SOLE SOURCE OF RECOVERY FOR LESSEE IN THE CASE OF INJURY OR DAMAGE TO LESSEE, HIS/HER FAMILY MEMBERS, AGENTS, SERVANTS, EMPLOYEES OR GUESTS, OR TO LESSEE’S VESSEL, INCLUDING, BUT NOT LIMITED TO, DAMAGE BY FIRE, THEFT, VANDALISM, OR WATER. LESSEE ALSO SPECIFICALLY WAIVES ANY RIGHTS OF SUBROGATION BY HIS/HER INSURER AGAINST MARINA FOR ANY INJURY OR DAMAGE TO (1) MARINA, (2) ALL THIRD PARTIES WHO MAY SUFFER DAMAGE BY LESSEE, LESSEE’S VESSEL, OR LESSEE’S GUESTS OR VISITORS, (3) LESSEE, HIS/HER FAMILY MEMBERS, AGENTS, SERVANTS, EMPLOYEES, AND LESSEE’S VISITORS, INVITEES, OR GUESTS, INCLUDING, BUT NOT LIMITED TO, DAMAGE CAUSED BY MARINA’S OWN NEGLIGENCE, OR BY FIRE, THEFT, VANDALISM, OR WATER, DURING THE TERM OF THIS LEASE. ACADIA INS. CO. V. BUCK CONSTRUCTION CO., 756 A.2D 515 (ME 2000). UPON REQUEST, LESSEE SHALL PROVIDE MARINA WITH A CERTIFICATE OF INSURANCE REFLECTING ALL COVERAGES. IN THE EVENT THAT LESSEE’S INSURANCE DOES NOT PROVIDE ADEQUATE COVER FOR DAMAGE AS DESCRIBED HEREIN, LESSEE AGREES TO FULLY DEFEND AND INDEMNIFY MARINA FOR ALL CLAIMS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, MARINA’S ATTORNEY FEES.
6. Vacant Berth: Lessee shall notify the Marina when he/she expects to have the vessel out of its berth or away from its mooring for more than three days. Marina reserves the right to use the berth or mooring at Marina’s discretion during any such period.
7. No Transfer: No transfer or assignment of the berth or mooring or subleasing privileges are permitted.
8. Emergency Services: THE MARINA DEEMS ITS MOORINGS SUITABLE FOR APPROPRIATELY-SIZED VESSELS TO UTILIZE THE MARINA’S MOORINGS IN CONDITIONS ONLY UP TO 30 MPH. MOORING PENNANTS ARE PROVIDED AS A COURTESY TO MOORING USERS ONLY AND MAY BE SUBJECTED TO FREQUENT CHAFE OR OTHER DAMAGE. MOORING USERS AGREE TO USE SUPPLIED PENNANTS AT THEIR OWN RISK AND UNDERSTAND THEY ARE STRONGLY ENCOURAGED TO USE THEIR OWN. When Lessee fails to take advance action to keep his / her vessel safe, either at a slip or on a mooring, Marina may engage in, and charge Lessee for, emergency services Marina deems necessary, including rendered services prior to notifying Lessee in attempting to protect Lessee’s property. Such services may include, but are not limited to: pumping out, re-securing improperly tied dock lines within the Marina and relocating the vessel to another space within marina or even to a mooring at the Marina, or relocating a moored vessel to another mooring, slip, or hauled out ashore. IN THE EVENT OF SEVERE WEATHER, THE MARINA RESERVES THE RIGHT, BUT IS NOT OBLIGATED, AT ITS SOLE DISCRETION, TO REQUEST THE LESSEE REMOVE THE VESSEL FROM THE MARINA FOR THE DURATION OF SEVERE WEATHER OR PERMIT MARINA TO DO SO IF MARINA DEEMS NECESSARY. EMERGENCY ACTIONS BY MARINA ON BEHALF OF LESSEE DO NOT CONSTITUTE MARINA’S OVERALL ACCESS TO AND CONTROL OVER LESSEE’S VESSEL.
9. Outside Contractors: NO outside contractors or professional help will be permitted to work on Lessee’s vessel unless prior arrangements have been made with Marina. Any outside contractor or professional shall provide proof of insurance to Marina reflecting coverage for not only damage to Lessee’s vessel, but also coverage for damage to Marina’s property and/or the property of other customers of Marina arising out of such work. Lessee is solely responsible for the liability of outside contractors or professional help working on Lessee’s vessel, and agrees to hold Marina harmless, including costs of defense and attorneys’ fees, from any liabilities or damages arising from the work of outside contractors or professional help. All outside contractors or professional help must complete forms at Marina’s office prior to commencement of work, and must sign in and out at the office on a daily basis. Marina reserves the right to charge Lessee a fee for the right to have outside contractors or professional help work at Marina’s facilities.
10. Marina Rules: Lessee agrees to abide by such rules and regulations as Marina may establish for the safety, benefit, and convenience of all Marina lessees and guests as may be posted at the Marina from time to time and includes the following:
a. No swimming, diving, and / or fishing from the Marina’s wharfs or floats.
b. The Lessee shall not engage in charter / transport and / or passenger pick-up / drop-off at any time while on Marina property. This includes any subletting or Lessee’s vessel and any rental for overnight accommodation.
c. Place all garbage and other refuse in the receptacles provided by Marina.
d. Lessee shall install no dock boxes, steps, or other structures without permission from Marina.
e. Lessee shall not place supplies, materials, accessories, or debris on the floats or walkways.
f. Lessee shall not hang laundry on boats, wharves, or floats in the Marina.
g. No BBQ grilling, charcoal fires, or any open flames of any kind on vessels or at the Marina.
h. Lessee, his/her guests and crew, shall keep all dogs leashed while on Marina property to prevent nuisance to other Marina customers and guests and may only walk their leashed dogs in designated areas at the Marina. The “Pooper Scooper” rule shall be in effect at all times.
i. Marina recommends that Lessee and all guests wear PFDs at all times on the docks, walkways, and floats of the Marina. Lessee shall ensure that all children under the age of 12 shall wear properly-fitting PFDs and be accompanied by a responsible person at all times on all boats, docks, walkways, and floats of the Marina. Lessee shall not allow children under the age of 15 to operate any vessels within the Marina’s docks and mooring areas.
j. DUE TO ONGOING REPAIR AND RENOVATION WORK THIS SEASON, THERE IS NO PARKING IN THE MARINA THIS YEAR. PLEASE PLAN TO DRIVE TO THE MARINA FOR PICK-UP AND DROP-OFF ONLY.
11. Termination at Discretion of Marina: Marina may revoke this Lease if Marina considers it in the best interest of Marina and/or its lessees. A prorated refund will be paid to Lessee, who must remove his/her vessel immediately on notice of revocation.
12. No Bailment: Lessee acknowledges that this contract is NOT a bailment of Lessee’s vessel. Lessee releases Marina from any liability as a warehouseman, liveryman, bailee, or landlord, it being agreed that no of such relationships exist between the parties hereto, and Marina merely grants a license to Lessee to berth his/her vessel subject to the terms and conditions of this Lease Contract with Lessee maintaining full (and superior) access to his / her vessel during this Lease, including in the event that Marina determines it must act on Lessee’s behalf during an emergency as described herein.
13. Depth of Water: Marina makes no representations regarding the depth of the water in the channel adjacent to any berth covered by this agreement, nor any particular vessel’s ability to access a berth from the channel at various tidal stages. All decisions to leave and/or return to the vessel’s berth shall be solely the responsibility of the vessel’s owner or master.
14. Electrical Extensions: The use of electrical extensions is at the sole risk of the user, and Marina shall not be liable for any loss, damage, or injury to any person or property caused by or as a result of the use of any electrical appliance(s).
15. No Discharge: Overboard discharge of heads or holding tanks within Marina’s facilities or the waters adjacent thereto, other than at Marina’s discharge facilities, is strictly forbidden. Lessee shall not leave any trash, garbage or other refuse at Marina’s facilities other than in containers specifically marked for such purpose.
16. No Security Obligations: Lessee recognizes that Marina does not provide any security protection and assumes no liability or responsibility for the safety of Lessee’s vessel or property during the course of this Lease agreement or any equipment of Lessee’s left at the Marina during any other period.
17. Lien for Wharfage and other Necessaries: It is expressly agreed that all charges, costs and expenses incurred by Lessee pursuant to this Lease Contract, and all other costs and expenses incidental thereto, shall create a maritime lien pursuant to the Federal Maritime Lien Act, 46 U.S.C. §31341 et seq., and/or a lien pursuant to the Maine Marina and Boatyard Storage Act, 10 M.R.S.A. §1381 et. seq., and/or a security interest in said vessel, her tackle, apparel, and furniture within the meaning of Maine law, 11 M.R.S.A. Sec. 9-102, et seq., for the benefit of Marina, its successors and assigns. If Lessee fails to pay the full amount owed to Marina within 30 days of the date the amount is due, Marina shall have the right to resort to all rights and remedies granted under the provisions of either federal law or Maine law, including, but not limited to, the right of public or private sale. It is understood that Marina shall first deduct and pay to itself from the sale price reasonable expenses of retaking, preparing for sale, and selling the vessel, reasonable attorney’s fees and legal expenses incurred by Marina, as well as the debt owed. The remainder of sale proceeds, if any, shall then be paid over as provided by federal law and/or Maine law, as they may apply.
18. End of Season: This Lease ends on October 1, 2025, and Lessee must remove his / her vessel from the Marina no later than that date. Vessels that do not vacate the Marina after October 1st, 2025, closing date may be hauled and stored by the Marina at Owner’s expense, including at a facility on the mainland as may be required at Marina’s discretion.
19. Applicable law: This Lease Contract shall be construed pursuant to the General Maritime Law and the laws of the State of Maine, as applicable. Any legal action, claim, or suit between the parties must be brought in the state or federal courts within the State of Maine. Lessee hereby expressly submits and consents to the jurisdiction of any court of competent jurisdiction, state or federal, in the State of Maine, with respect to any claim or demand upon Marina based on this Lease Contract or any amendment or supplement thereto. Lessee hereby waives personal service of any summons or complaint or other process or papers to be issued in any action or proceeding based upon any such claim or demand, and hereby agrees that service of such summons and complaint or process may be made by registered or certified mail to Lessee at the address of Lessee set forth herein; failure on the part of Lessee to appear or answer within such period as is provided by law or rule of court shall constitute a default entitling Marina or its successor or assign to enter a judgment or order as demanded or prayed for therein to the extent that said court or duly authorized officer thereof may authorize or permit.
Signature: By using Marina’s docks and other premises, Lessee agrees to the terms and conditions contained herein.