Fanny Bay Harbour - Moorage Agreement

Implied Consent:

By using the Fanny Bay Harbour (FBH), you agree to abide by the Rates, Policies, Terms, and Conditions established by the FBH Authority and described within this document.

Payments and Inquiries:

To pay day rates, seek clarification on details within this document, or apply for a long-term moorage agreement please contact the Harbour Manager by email fannybaywharf@gmail.com.

E-transfer can be made at payments@fannybaywharf.com

Temporary Usage and Day Rate Vessels:

The day rate for using the FBH is $1.00 per foot per calendar day including bowsprit and motors and is due for any temporary use of the wharf that exceeds 4 hours of moorage. Day rate vessel operators are required to contact the harbour manager at fannybaywharf@gmail.com, and include full name, contact information, vessel description, length of vessel, length of stay, copy of vessel liability insurance, vessel number. Day rate users are subject to the full terms of this agreement and those mooring for greater than five (5) days in a 30-day period must receive written permission from the harbour manager. All users must abide by the Rates, Policies, and the Terms and Conditions established by the FBH Authority.

POLICIES FOR HARBOUR USE

1. Verbal or written harassment of harbour users and staff is not allowed.
2. You are using the facility at your own risk and the harbour authority is not responsible or liable for any loss, damage, or injury.
3. The harbour does not offer preferred dock space.
4. All vessels over 16ft in length using the harbour must have $2 million in third party liability insurance with wreck removal & sudden accident pollution coverage.
5. Do not leave personal belongings or garbage on the dock.
6. Vehicles can only be parked temporarily on the concrete pad for loading and unloading of vehicles.
7. Vessels must always be maintained in seaworthy condition.
8. Wharfingers have the right to re-tie dock lines, to board, and to re-locate the vessel as they deem necessary for emergency or other purposes.
9. No moorage for live-aboards.
10. No swimming, diving, or fishing allowed in the harbour area.
11. Harbour users must not allow pollutants to enter the water (oil, fuel, contaminated bilge, sewage, greywater, etc.). Minor repairs and maintenance must be conducted in a manner that prevents pollutants from entering water (sawdust, cleaning agents etc.).
12. No welding is allowed unless prior written approval from the harbour master to weld on the concrete pad at a set specific time is received.
13. Required vessel speed within the harbour is slow; vessels at walking speed.
14. Non-compliance with these policies and the harbour terms and conditions may result in loss of facility pr
15. Non-payment and late payment of moorage fees is considered non-compliance.

Fanny Bay Harbour

TERMS AND CONDITIONS

1. Parties to Moorage Agreement: The Licensee warrants they are authorized to sign this Agreement on behalf of the Owner (together the Licensee and Owner are hereafter referred to as the “Licensee”) and are party to this Agreement with the Fanny Bay Harbour Authority (the “Authority”).
2. Payment of Fees: The Licensee agrees to pay the total of the moorage fee in advance. If the Authority’s posted rates are selected above, the Licensee acknowledges having been advised by the Authority of what the posted rates are and agrees the posted rates may change reasonably from time to time and those new posted rates are binding on the Licensee. Any late payment due under this agreement will attract interest at 2% per month calculated monthly. rather than having it on the contract
3. Non-Transferable License to Moor: In exchange for prepayment of the above Fees the Authority grants, solely to the Licensee the non-assignable permission to moor the Vessel as directed on property controlled by Authority and subject to the terms and conditions of this Agreement and the policies of the harbour that are subject to change.
4. Termination: The Authority may terminate this Agreement: (a) Immediately for non-compliance with any terms and conditions of this Agreement or the Policies of the Fanny Bay Harbour. (b) On 30 days’ notice when in the sole discretion of the Authority the Vessel’s moorage is contrary to the best interests of other Licensees or the Authority. The Licensee may terminate this Agreement at any time and must provide notice in writing at least 30 days prior to the next scheduled payment.
5. Maintenance of Vessel and Premises: The Licensee agrees to maintain the Vessel in seaworthy condition, and at the Authority’s request, provide a current marine survey confirming its seaworthiness. The Licensee shall ensure that it and its invitees do not damage any Authority property and at all times keep Authority premises neat and orderly according to the direction of the Authority and maintain all dangerous substances in a manner as the Authority may direct.

7. Insurance: The Licensee is required to keep the Vessel insured with $2,000,000 in third-party liability, wreck removal and sudden and accidental pollution coverage at all times it is on Authority property and to provide to the Authority, within 7 days of demand, proof of such insurance.
8. Commercial Vessel Rates: The Licensee agrees to provide to the Authority proof and information satisfactory to the Authority of the Vessel’s status as an Aquaculture or Commercial vessel within 7 days of written request.
9. Identification of Vessel and Contact Information of Licensee: The Licensee shall ensure the vessel is clearly marked with the vessel’s name, vessel license/registration number, contact email address, and contact phone number. The Licensee agrees, in the event their contact information above changes, to advise the Authority, in writing, of their new contact information within 7 days. Failing to update the contact information may be considered non-compliance.
10. Compliance with laws, and rules or policies and procedures: The Licensee agrees to comply, and ensure the compliance of any invitees of the Licensee, with all provincial and federal laws, and any rules or policies and procedures of the Authority set by the Authority from time to time and which may be attached as a Schedule to this agreement or are otherwise posted on the Authority’s premises. The Licensee agrees “moor”/“moorage” in this agreement has the same meaning as “berthage” in the Fishing and Recreational Harbours Act and Regulations, and the Federal Courts Act.
11. Breach of this Agreement: Should the Licensee breach any term of this Agreement or the Authority’s rules or policies and procedures, the Licensee agrees the Authority shall have the following remedies to exercise at its sole discretion, which shall survive the termination of this Agreement
    1. To demand the Licensee immediately remove the Vessel from Authority property, and in the event the Licensee does not do so the Authority may, but is under no obligation to, move the Vessel to a location of the Authority’s choosing. The Licensee hereby: (i) agrees any cost associated with the moving or storage of the Vessel will form part of the Authority’s lien under s.12(b)-(c) below; (ii) waives any past or present claim against the Authority for damages arising from the Authority’s movement and storage of the vessel, even in the case of the Authority’s negligence; and (iii) agrees to hold the Authority harmless from any claims by third parties arising from the Authority’s movement and storage of the Vessel;
    2. To sell the Vessel and its contents as a Warehouser pursuant to the B.C. Warehouse Lien Act, though hereby agreeing that the Authority is not at any time a bailee of the Vessel and has no duty to protect the Vessel from harm;
    3. To seize and sell the Vessel as a Garage Keeper pursuant to s.2-3 of the B.C. Repairers Lien Act (“RLA”) to the extent such remedy does not conflict with priorities under maritime law. The Licensee further agrees that by the Licensee removing the Vessel from Authority property with amounts owing under this Agreement the Authority is not voluntarily surrendering the Vessel for the purposes of the RLA or maritime law, and the Authority may re-seize the Vessel and sell it to satisfy its unpaid account and expenses (including legal expenses) without registering a repairers lien;
    4. The Licensee agrees that any monies claimed by the Authority as owing under this Agreement, including legal expenses for enforcing this agreement, are liquidated damages for the purposes of seizing and selling the Vessel or obtaining judgment against the Licensee and Vessel.

12. Waiver and Indemnity of Authority and Crown: The Licensee hereby agrees to waive and release the Authority and his Majesty the King in right of Canada (the “Crown”), their employees and agents, from any claims for loss, damage or expense, death or injury arising out of any acts or omissions (including negligence) of the Authority or the Crown in respect of this Agreement or the Licensee’s use of Authority property. The licensee agrees to hold harmless the Authority and the Crown from any claims of third parties arising out of the Licensee’s use of Authority property.
13. Non-Waiver of Rights: By, at any time, choosing not to enforce a term of this Agreement the Authority does not waive its right to, at any time thereafter, enforce the same clause of this agreement.
14. Severability and Venue: If any provision in this Agreement shall be found to be void, such determination shall not affect any other provision of this Agreement. The laws of British Columbia will govern this Agreement and its Courts will have exclusive jurisdiction over any matter arising out of or in connection with the subject matter of this Agreement.
15. Entire Agreement: This Agreement, including its Schedules and the rules or policies and procedures of the Authority, constitute the entire Agreement between the parties. No modifications/amendments shall be valid unless in writing and signed by both parties.
    • Acknowledgment of Rules or Policies and Procedures, and Posted Rates: The Licensee acknowledges having been provided the opportunity to read, or has read, any rules or policies and procedures, and any posted rates of the Authority, and acknowledges that those rules or policies and procedures and posted rates can be reviewed at the office of the Authority during business hours, and that the Licensee has a duty to themselves and the Authority to keep themselves informed of those rules or policies and procedures, and any posted rates.