LICENSE TO USE.  The LICENSE AGREEMENT (the ‘’AGREEMENT”) is a license to use space only for moorage/storage of the vessel subject to this agreement.  Slips, buoys or dry-storage space may not be shared by multiple vessels.  The Agreement provides for one CF# only.  The Agreement is made as of the date set forth above and herein, by and between Emerald Cove Marina (MARINA) and the person(s) named as LICENSEE/REGISTERED OWNER (or the Owner’s authorized agent) of the Vessel fully described in Section III of the License Agreement form, and is hereinafter referred to as “LICENSEE” of the Vessel under the terms and conditions set forth.                     

LICENSEE agrees to comply and shall cause Licensee’s family, agents, guests and invitees to comply, with all current Terms and Conditions / Rules and Regulations of MARINA and such terms and conditions / rules and regulations incorporated herein as a part of this agreement.  Any violation of the terms and conditions / rules and regulations constitutes a breach of this agreement which may result in immediate termination of this agreement by MARINA. MARINA reserves the right to modify, amend or supplement the Marina Rules and Regulations at any time, and from time to time by posting in the Marina office.

LICENSEE and MARINA hereby agree:

1.      Vessel.  LICENSEE warrants that he/she is the Owner of the Vessel and is authorized to bind all joint owners of the Vessel to the terms of this license agreement.  Joint-ownership or “partnership” in a vessel requires that all owners / “partners” have a documented legal interest in the vessel.  If the person signing this agreement is an agent for the Owner or any joint owners or partners, the Agent represents and warrants that he/she is authorized to enter into this agreement on behalf of the Owner and to bind any and all joint owners or partners of the Vessel.  No more than four partners/owners per vessel permitted.

2.      Vessel Documentation.  LICENSEE warrants that the Vessel is properly documented and registered in the State of California, and that the Vessel is in compliance with all applicable California and U.S. Coast Guard safety regulations.  In addition, all houseboats moored on Bullards Bar Reservoir are required to have self-contained / closed water systems that do not allow any water to re-enter the lake.

3.      Vessel Condition.  LICENSEE represents and warrants that the Vessel is seaworthy, fully operable and will be maintained in a seaworthy, operable condition and will maintain the Vessel’s appearance, which will include regular cleaning, maintenance and/or replacement of all painted and varnished surfaces, all bright work, rigging, safety equipment and any other appurtenances of the Vessel. 

4.      Vessel Inspection / Approval.  The Vessel shall be inspected and approved by MARINA upon its arrival.  Failure to obtain MARINA’S approval shall automatically terminate this Agreement.  Failure to cure any deficiencies in the Vessel’s condition, maintenance or appearance as required under this Agreement within 30 days of written notice of such deficiency shall automatically terminate this Agreement. Houseboats may be subject to an annual compliance inspection of their plumbing systems.  There is a $100.00 service fee for the inspection.

5.      Use of Vessel.  MARINA licenses to LICENSEE use of the slip, moorage, or storage space upon the terms and conditions contained herein.   LICENSEE warrants that while the Vessel is moored on Bullards Bar Reservoir, Licensee will not rent or charter, exchange, trade, barter or loan the Vessel or the slip, moorage or storage space to any other person for any purpose whatsoever, and will not engage in any commercial activity with the Vessel or otherwise use or allow any other person to use the Vessel for commercial purposes or activities.  The LICENSEE further warrants that the Vessel shall be used solely for LICENSEE’S pleasure and for no commercial use of any kind.  Any commercial use shall automatically terminate this agreement.  LICENSEE also warrants that no person will live aboard the Vessel while it is stored or moored at Bullards Bar Reservoir.

6.      Term.  This Agreement shall create a license commencing on the date set forth in Section V of the License Agreement form.  THERE IS NO REBATE OF FEES AT TERMINATION FOR ANY UNUSED PORTION.  Owner shall surrender the slip / moorage / storage space, immediately upon the expiration of the term in substantially the same condition it was upon the commencement of the term, reasonable wear and tear excepted.

7.      Fees.  LICENSEE shall pay MARINA the fees provided in the License Agreement.  If fees are not paid within ten days of the due date, payment of the late payment charge set forth in the following section is required.  Failure to pay fees and any late payment charge within 30 days of the original due date is in violation of these Terms and Conditions.  All Marina moorage/storage account payments are to be made in cash, money order, or valid check payable to Emerald Cove Marina.  

8.      Fees for Late Payments or Returned Checks.  To compensate MARINA for the costs incurred to handle delinquent payments and returned checks, LICENSEE agrees to pay MARINA, in addition to the payment amount due, a ten percent late fee if not paid within 10 days of the due date; a $50.00 late fee for monthly houseboat moorage paid after the 10^th of the month; and a $25.00 late fee for monthly dry-storage paid after the 10^th of the month. Payment for services is due at the time the service is rendered. Services provided when LICENSEE is not present must be paid within 10 days of the date services were rendered to avoid late fees.  Payment by means of a returned check shall not constitute timely payment.  There will be an additional $35.00 fee charged for payment with a returned check. 

9.      Risk of Loss. LICENSEE shall use slips and facilities at his own risk.  MARINA shall not be responsible for the care or protection of the Vessel (including gear, equipment or contents).  At no time is MARINA obligated to protect LICENSEES’ boat.  MARINA shall not be liable for any loss, injury or damage to the Vessel or the Vessel owner, owner’s agents, employees, or guests, or any consequential or incidental damages, whether caused by condition of the MARINA'S facilities or any other cause.  LICENSEE has examined and knows the condition of the premises of the MARINA and has received the same in good order and repair.  There is no warranty of any kind as to the condition of the MARINA'S floats, walkways, dock, equipment, slips, buoys or any property whatsoever owned by the MARINA.

10.  Indemnity.  LICENSEE shall indemnify and hold MARINA, its directors, shareholders, officers, employees, customers, agents, suppliers and guests harmless from any loss, claim, or damage cost in relation to any damage or loss to LICENSEE’S Vessel or claim of injury to the LICENSEE or his guests by reason of physical condition of MARINA property.

12.  Insurance.  It is expressly agreed that LICENSEE shall, at his/her/its own cost and expense, maintain liability and property damage insurance.  This insurance policy shall provide primary rather than secondary coverage.  LICENSEE shall carry liability insurance and property damage insurance, with accidental pollution coverage. Salvage coverage equal to the hull coverage value of the Vessel is recommended.  Emerald Cove Marina shall be expressly identified in the insurance policy as an additional named insured.  The watercraft liability and property damage portion of the policy must have limits of at least $300,000.00.  LICENSEE must provide a signed Certificate of Insurance to MARINA within 30 days of implementation of this agreement.  LICENSEE’S failure to comply with or demonstrate compliance with this provision does not in any way constitute a waiver by MARINA of this provision.  Failure to comply will automatically terminate this agreement and the LICENSEE will be required to remove Vessel from the MARINA with the forfeiture of any moneys already paid.

13.  Care of Slip.  LICENSEE shall keep and maintain slip/space in clean and sanitary condition at all times.  Upon termination of this agreement, LICENSEE shall surrender the slip/space to MARINA in good order and repair.  Under no circumstances, nor at any time, shall LICENSEE change, modify or alter any dock equipment, walkway, float, slip or any property of MARINA whatsoever.  LICENSEE shall not install or place any personal property, equipment, dock boxes, or locker of any type or shape on MARINA property.  MARINA reserves the right to reassign LICENSEE to any other slip/space in MARINA’S facility at any time, for any reason, and without prior notice to LICENSEE, and to relocate the VESSEL thereto at the LICENSEE’S expense and risk.

14.   Space Assignment.  Each moorage / storage Agreement provides for one (1) CF# only:  Slips, buoys or dry-storage space may not be loaned to others nor shared by multiple vessels.  Small vessels (e.g.:  dinghies, canoes, paddle boats, inflatables) must be stowed on board the vessel.  LICENSEE shall register his Vessel with MARINA including all information required by MARINA for this purpose.  If LICENSEE removes Vessel from Bullards Bar Reservoir for an extended period (more than 3 consecutive days), LICENSEE agrees to notify MARINA.  MARINA may use the slip while not in use by LICENSEE without reduction of the License fee or other compensation to LICENSEE. 

15.   Right to Re-assign / Move Vessel.  MARINA reserves the right to reassign LICENSEE to any other slip/space in MARINA’S facility at any time and for any reason, without prior notice to LICENSEE, and to relocate the Vessel thereto at the LICENSEE’S expense and risk.  MARINA is hereby authorized to move Vessel without liability to the MARINA and/or MARINA personnel for damages or loss of any kind.  LICENSEE hereby guarantees MARINA reasonable compensation for said moving.

16.   Lien.  MARINA shall have a possessory lien on Vessel identified herein for any unpaid purchases, storage, service, fuel, supplies, etc., furnished in connection with said Vessel.  Such lien is in compliance with section 501 of the Harbors and Navigation Code of the State of California.

17.   Attorney’s Fees.  In the event that either MARINA or LICENSEE shall obtain legal counsel or bring an action against the other based on any dispute arising out of or relating to this License Agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and court costs.

18.   Waivers.  A waiver by MARINA of any performance pursuant to this License Agreement shall not be deemed as a continuing waiver or sufficient grounds for waiver of any other performance, nor excuse performance by LICENSEE from any of the terms of this Agreement or any of the attached rules and regulations.

19.   Sales and Transfers of Ownership.  No right of Owner relating to or arising out of this Agreement may be assigned or transferred.  Any attempted assignment or transfer shall give Marina the right, but not the obligation, to terminate this Agreement.  If Owner sells, charters, or transfers all or any portion of the Owner’s interest in, or possession of, the Vessel, or in any corporate or partnership or joint venture entity which owns the Vessel, all Owner rights under this Agreement shall terminate automatically.  Owner warrants that Owner will represent to third parties that Owner’s rights in the Slip are not transferable with the Vessel and shall indemnify and hold Marina harmless from any claim for damages, including subrogation, resulting from any such representation.  If Licensee sells Houseboat (partial or complete interest), Marina may permit new owner to assume the remainder of the term of the existing Moorage License Agreement. A certified copy of the bill of sale must be provided to Marina within 15 days of the sale.  Buyer or seller will pay Marina a $100.00 administrative fee for the transfer. 

20.   Assignment.  No right of LICENSEE relating to or arising out of this License Agreement may be assigned or transferred by LICENSEE.  The License Agreement is terminable by MARINA at will.

21.   Termination of License Agreement.  LICENSEE may terminate this Agreement with minimum (90) ninety-day written notice to MARINA and payment will be pro-rated through termination date.   

a.       This agreement shall be deemed automatically canceled if LICENSEE’S vessel is declared by MARINA or any governmental agency to be unsafe or a pollution hazard. 

b.       If LICENSEE violates any of the terms or conditions of this Agreement or any of the rules and regulations of the Marina, then this Agreement shall terminate immediately. 

c.       Upon termination or default, LICENSEE agrees to remove the Vessel from the MARINA within 30 days of notification.  If LICENSEE fails to do so, LICENSEE hereby grants the MARINA or its agents, the right to remove the Vessel, without notice, at LICENSEE”S sole risk and expense for the purpose of relocating the Vessel to another location. 

d.       LICENSEE shall exempt, hold harmless and indemnify MARINA from and against any claims for damages, including subrogation, arising out of or relating to removal, relocation or storage of Vessel, even if such damage is caused solely or partially by the negligence of MARINA.  LICENSEE also agrees to pay all expenses of charges arising out of or related to the events described in paragraph 21, including labor, salvage, storage, moorage, towing, surveying, inspection, maintenance, and preservation charges.  For each day after termination or default that the Vessel remains on MARINA’S premises, LICENSEE agrees to pay the current daily rate as established by MARINA.

22.   If LICENSEE does not remove Vessel upon termination of this Agreement, MARINA may, at its sole discretion, choose to extend the term of this Agreement on a daily / weekly / or month to month basis.

23.   If any term or condition of this Agreement should be determined to be invalid by any court of competent jurisdiction, such invalidity shall in no way affect the validity of this Agreement and all other terms or conditions of this Agreement shall remain in full force and effect.

24.   California Law.  The Agreement shall be governed by and interpreted in accordance with the laws of the State of California.

25.   Parking.  LICENSEE and all guests shall comply with all posted vehicle parking restrictions.  The MARINA, its officers, agents or employees shall not be liable to LICENSEE or LICENSEE’S agents for any loss of, or damage of any kind to any motor vehicle or other personal property in or on the buildings, parking lots or other MARINA Premises.

26.   Entirety of Agreement.  This Agreement contains the entire Agreement of the Parties.  There are no oral waivers, alterations, or additions to this Agreement.  This Agreement may only be altered or modified by a subsequent written agreement and any such amendments must be signed by LICENSEE and MARINA.  This Agreement supersedes or replaces all previous licenses.

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Licensee agrees that Marina’s Rules and Regulations and any amendments thereto are an integral part of this Agreement.  Licensee shall comply and shall cause Licensee’s family, agents, licensees and guests to comply with those current Marina Rules and Regulations.  Should any person violate any Marina Rule or Regulation, Marina may terminate this Agreement immediately, remove the Vessel from the Ball/Slip/Space at Licensee’s risk and expense, and retake possession of the Ball/Slip/’Space.  Marina reserves the right to modify, amend or supplement the Marina Rules and Regulations at any time, and from time to time by posting in the Marina office.

Each signatory to this License Agreement represents that he or she fully understands and accepts the terms of this Agreement, and is fully authorized to execute this agreement, either for himself or herself, or in the case of joint ownership, for all owners, or acting as agent on behalf of his or her principal.

EMERALD COVE MARINA

RULES AND REGULATIONS - 2008

The word “Marina” herein indicates Emerald Cove Marina as well as any person duly authorized to represent Emerald Cove Marina. LICENSEE is defined in this Agreement to mean the owner of a Vessel located at the Marina and any person associated with the owner of a Vessel including co-owners, family members, agents, employees, contractors or guests, on Marina premises.

Licensee hereby expressly agrees that Vessels, Marinas and areas in and around marinas can be hazardous to both property and persons, thereby posing a substantial risk of damage and injury to both property and persons.  Such hazards include but are not limited to slips, falls, drowning, and propeller wash damage, winds, waves, storms, fires, collisions and Vessel sinking.

1. Licensee agrees to comply with all applicable rules, regulations and instructions of federal, state and local authorities or government agencies and all laws, ordinances, rules and regulations of any federal, state, local or other government agency. 

2. Vandalism to habitat or facilities is prohibited.

3. No firearms, fireworks or live ammunition are allowed in the Bullards Bar Recreation Area.  Discharge of firearms or launching of projectiles from sling shots or bows, is not permitted. 

4. Storage, possession and/or use of any illegal drug, controlled substance or hazardous materials (as defined by Federal or State agencies) are prohibited.

5. Overnight camping or overnight occupation of shoreline space requires a camping permit.  Shoreline camping is not allowed above elevation 1940 (approximately 25 feet from the brush line).  Sanitary facilities (portable chemical toilets) are required for shoreline camping.

6. Installation of a temporary water ski course must have prior Yuba County Water Agency approval.  Permits are available through the Emerald Cove Marina office.  There is no cost for a permit.  Ski courses must be set up at least 200 feet from shore and may not block access to any part of the reservoir.

7. Marina speed limit is steerage only, with no wake and at no speed greater than 5 miles per hour.  The speed limit is in effect until the Vessel is past the marker buoys located outside the houseboat moorage area.  No Vessel may be operated at speeds in excess of 5 miles per hour inside marked / designated no wake areas, within 200 feet of shore, or a landing or dock used to board or discharge passengers or moor boats.

8. Fishing, cleaning of fish, swimming, diving, scuba diving, or snorkeling is prohibited in Marina area. Swimming or floating more than 100 feet from shore is prohibited on Bullards Bar Reservoir.

9. Torches, barbecues, hibachis, or fires of any kind are not permitted anywhere on Marina premises.

10. Marina does not provide electrical service or direct water connections to Licensees. 

11. No advertising or soliciting of any kind is allowed on Marina premises or on Vessels.

12. Licensee shall not attach, affix or install any objects or materials to fingers or floats. Licensee shall not set up or leave anything on docks or floats.  No supplies, materials, accessories, equipment or gear of any kind are to be stored on Marina premises.  No personal property may be stored on docks at any time.  

13. No portion of any Vessel shall overhang the dock walkway at any time (e.g.:  bowsprit, plank, swim step, anchor mechanism).

14.  Only the Vessel listed on the License Agreement may occupy the Licensee’s assigned slip/moorage/storage space – this includes Houseboats.  No additional Vessel may be stored/tied alongside a Houseboat unless the Licensee is on the Houseboat at the time.  No additional vessels may be left in any slip or storage space:  including personal watercraft, fishing boats, paddle boats, inflatables, canoes, kayaks or dinghies.  All small craft must be stored entirely on, or in the Vessel while it is moored or stored on Marina premises.  Houseboats may not be attached or tied together, in any manner, while on the buoy or moorage grid system. 

15. If the Licensee chooses to remove one Vessel from the space and replace it with another Vessel for the remainder of the License Agreement term, the Licensee must notify the Marina and fill out a Moorage License Agreement for the replacement Vessel, before it is left on Marina premises.

16. Marina QUIET TIME:  Between the hours of 10 p.m. and 7 a.m.  Engines, power-generating equipment, and other noise-making machinery may not be operated in the marina area except as necessary to enter or leave the slip/moorage.  Other noise-making equipment or appliances (e.g.: stereos) shall be operated in compliance with all laws, ordinances and rules.  Please be considerate of others who may be occupying Marina or Houseboat mooring.

17. Licensee shall not throw, discharge or deposit from any Vessel, any solid or liquid material including but not limited to:  refuse matter, oil bilges, grey water, sewage or flammable liquid into the water or upon Marina’s premises.  Vessels with automatic bilge pumps shall be maintained in a manner that will prevent Waste Materials from being pumped automatically into the water.  All Waste Materials shall be disposed of properly.  Licensee shall have all waste water (gray & black) pumped out by Marina personnel, into the sewage storage tank at the Marina for proper removal and disposal. Contamination or pollution of shores and / or water is unlawful.  Bagged garbage must be disposed of in the dumpster.  Any discharge of paint, debris, sewage, hydrocarbons or chemicals into the water is a violation of law for which violators can be prosecuted criminally and civilly.

18. No sanding, paint removal, paint spraying or scraping shall be done on topsides, above decks or underwater.  Major construction or repair painting or overhaul shall not be permitted on Marina’s premises.  Marina shall be the sole judge as to what constitutes major construction or repair.

19. No fueling or transferring of fuel from the docks shall be permitted except at the gasoline dispensing pumps.  No storage of flammable or combustible materials of any type including but not limited to, gasoline, diesel fuel, oils, lubricants, kerosene, white gas, paints, thinners, cleaners, turpentine, solvents, resins, epoxy, or catalysts ore allowed on any Vessel.

20. Licensee shall notify the Marina of any unsafe or hazardous conditions that come to his attention.  Disorderly or indecorous conduct by any Licensee or Licensee’s family, agents, employees, contractors or guests that may cause harm to any other person or damage property or harm the reputation of the Marina is prohibited.  Marina reserves the right to board any Vessel in the event of any unsafe condition or discharge of materials into the surrounding waters causing a prospective hazard to the Marina premises or other vessels.

21. Licensee must notify Marina of any person who has permission to access Vessel without Licensee being present.  No person will be given access to Vessel without Licensee’s prior authorization.  All guests, brokers, contractors, workmen, crew or other agents of Licensee must register with Marina and provide adequate identification prior to gaining access to Vessel. 

22. If Licensee is selling his Vessel, Licensee must make arrangements to meet prospective buyers at the Marina.  Marina will not admit buyers to see any Vessel in the Licensee’s absence.

23. The Parking Area is available for the general public.  Parking is available on a “first come – first served” basis.  No parking space is assigned or reserved other than handicap and official use spaces.  20 minute parking for the purpose of loading and unloading is available on the launch ramp.  Overnight sleeping in any vehicle in the parking area is prohibited.

24. Children under twelve (12) years of age are not permitted on the docks at any time without immediate and constant supervision by parents or other responsible adult.  Non-swimmers and children under age twelve (12) must wear life jackets on the docks and while boating.

25. Animals must be tethered and restrained by a leash or in an appropriate cage when on the Marina premises.  It is the Licensee’s responsibility to immediately clean up after their pet should they soil any area, and dispose of the waste in an appropriate receptacle.

26. No motorized or un-motorized scooters, scooters, skateboards, roller skates, bicycles or any other wheeled vehicles may be ridden on docks.  These items may be carried or walked on docks to Vessel and must be stored on board Vessel.

Proper Mooring:  Houseboats

Licensee is responsible for hookup hardware (harness) between buoy swivel and vessel:  this includes two (2) short lengths of 3/8” minimum chain, and secure attachment of harness to the boat frame and the buoy swivel.  *Items stored outside the houseboat cabin must be secured to the boat.  Strong winds may occur at any time of year, and loose items become projectiles.

Proper Mooring:  Boat Slips/Winch Stands/Docks

Licensee is responsible for properly tying boat.  Boats in single slips must have at least two (2) mooring lines.  Boats must be secured with one (1) bow line and one (1) stern line.  An additional line from the bow to the center of the slip may be needed to secure the boat and prevent any portion of the boat from overhanging the dock.  Polypropylene or cotton rope and or chain are not acceptable.  Inflated rubber bumpers must be used as impact fenders to protect the slip and boat in case of dock or boat shift at all times the Vessel is in slip.  Bumpers may not be used as a wedge between boat and slip.  The boat must not rest against the dock or fingers.  A properly moored boat will not touch the slip at any point.  No portion of the boat may overhang the dock or encroach upon the dock.

Marina personnel will periodically check vessels for listing, obvious damage, inadequate hookups or mooring lines, etc. and will take appropriate action, including relocation of the vessel, if the Marina, in its sole discretion, deems it necessary to protect vessels or facilities.  Time permitting, the vessel owner will be contacted to determine appropriate action to prevent or mitigate damages.  The Marina labor rate is $85.00 per man hour for inspections or rescue and repair services, plus charge for fuel, materials and equipment used (1 hour min.).