DEFINITIONS

• Lessor: The City of Key West or its designee including Marina Manager and Dockmaster.
• Lessee: The City of Key West or its designee including Marina Manager and Dockmaster.
• Marina: The Key West Bight Marina which includes the waters within Key West Bight leased by the Lessor from the State of Florida and the docks/structures/uplands owned by the Lessor.
• Marina Manager: Person designated by Port and Marine Services Director to manager Key West Bight Marina.
• Dockmaster: Marina staff member responsible for day-to-day operations of Key West Bight Marina
• Vessel: Means every description of watercraft or houseboat used or capable of being used as a means of transportation on water.

Lessee also agrees to abide by and observe all new or modified rules and regulations established from time to time by Lessor with respect to the operation of the Marina.

RULES AND REGULATIONS

1. Any waterborne vehicle or structure entering the marina is under the jurisdiction of the Lessor, shall be berthed as directed and must meet the following criteria:-Must have a valid registration-Must be under their own power and navigable.
2. Vessels in the Marina or wishing to come into the Marina must be in a good and safe condition and present a clean, orderly appearance and be maintained in a seaworthy fashion.
3. The Lessor shall have the right to inspect all vessels in the Marina including performing a marine survey to determine seaworthiness, their adherence to all local, state and federal regulations and marine sanitation device (MSD) regulations and reserves the right to evict vessels that are not meeting the requirements. Vessel owners will be given a maximum of 30-days to correct the deficiency unless additional time is approved by the Port and Marine Services Director.
4. No vessels within the Marina shall be operated in excess of the established speed limit of idle speed and no wake.
5. All vessels shall be tied up to Marina piers in a manner acceptable to the Lessor, or they may be removed. The Lessor reserves the right to properly secure any vessel to Marina piers and assess a service fee for doing so. No rafting of vessels is allowed at the Marina without prior approval from the Lessor.
6. The Lessor may authorize the transfer of vessels from one berth to another and reserves the right to reassign berths to Lessee as may be necessary.
7. No persons will be allowed to reside permanently aboard any vessel berthed in the Marina unless they have a liveaboard dockage agreement or have been approved by the Lessor to do so, and are paying a liveaboard fee for each person living on the vessel.
8. Liveaboard vessels shall be Lessee occupied only. No renting, subleasing or caretaking is permitted. The vessel shall remain unoccupied when Lessee is not present.
9. No refuse shall be thrown overboard. Garbage shall be deposited in cans supplied for the purpose and other debris shall be placed where specified by the Lessor. No pumping of oil from bilge is allowed. Lessee shall be responsible for the actions and conduct of their guests.
10. No cleaning product containing bleach, phosphates or petroleum products shall be used on the exterior of any vessel or floating home, nor will these products be discharged upon the waters of the Marina.
11. Lessee shall be responsible for the actions and conduct of their guests. Disorder or indecorous conduct by a Lessee, occupant or visitors, which may offend a reasonable person, cause damage to property or harm the reputation of the Marina will be cause for eviction. Noise will be kept to a minimum at all times.
12. All Lessees or their visitors will abide by the Marina’s Clean Marina Designation and accompanying rules and regulations.
13. No swimming, diving or fishing is permitted within the Marina, with the exception of entering the water to accomplish necessary repair work that has been approved by the Lessor.
14. Advertising and/or solicitation of business on commercial vessels is subject to existing zoning laws and applicable Lessor ordinances.
15. No commercial activity by any Lessee will be allowed on Marina property or on vessels docked at the Marina without the prior approval of the Lessor.
16. Lessees will not be allowed to have two (2) vessels in a slip unless the second vessel is a dinghy that can be stored onboard.
17. All vessels using holding tanks must be pumped out on a regular basis.
18. Commercial Lessees are allowed one (1) white fiberglass or molded plastic dock box not to exceed 6’ 2” long, 27 inches deep and 30 inches high. The Lessor will request in writing that the slip Lessee remove any non-conforming dock boxes. In the event the Lessee does not remove non-conforming dock boxes within 24 hours of written notice staff will remove the non-conforming dock box. Dock boxes must be bolted to the dock with the approval of Lessor. Hazardous materials of any nature may not be stored in dock boxes. In the event of a storm, Lessee agrees to remove anything stored in the dock box that may be harmful to people, the Marina, sea life, or water quality.
19. Commercial Lessees will be allowed a sign that is pre-approved and complies with the signage standard for the Marina. The Lessor will request in writing that the slip Lessee remove any non-conforming signs. In the event the Lessee does not remove non-conforming signs within 24 hours of written notice, Lessor will remove the non-conforming signs.
20. Lessee desiring to convert dock in any manner such as adding extra padding or buffer strips or installing mooring arms, or to make any use of utilities, must first secure the written permission of the Lessor and said Lessee may be required to pay additional charges for additional services or facilities. Improvements placed on the docks by the Lessee become the property of the Lessor when space is vacated.
21. In general, a Lessee may do minor work on their own vessel if such work does not interfere with the rights and privileges of the other persons but a Lessee may not use the services of any other dealer, mechanic, craftsman or another person on the premises of Lessor without first securing prior approval of the Lessor. All work not minor in nature shall be approved by the Lessor before commencement. The use of electric sanders is prohibited. Generally, all major maintenance and repair will not be allowed at the Marina.
22. Docks, piers and HarborWalk are to be kept clear at all times. No personal gear including but not limited to signs, tables, chairs, bicycles, umbrellas, pumps, generators, coolers, etc. will be stored or kept on the docks at any time.
23. Use of non-rated UL power/extension cords in the Marina is prohibited. Non-rated UL power/extension cords will be removed immediately by the Lessor.
24. Recreational vessels with dockage agreements shall be non-liveaboard. Lessees of recreational vessels may reside on the vessel for up to eight (8) days a month maximum. Only Lessees can reside on the vessel during those days. Other people staying on the vessel without the Lessee present is not allowed.
25. Lessees with pets will not let the animals disturb other Lessees in any way and pets will be cleaned up after when walked. All pets will be leashed when off Lessee’s vessel.
26. Any vessel which may sink in the Marina shall either be re-floated or removed by the Lessee within 72 hours or a fine of $100.00 per day shall be levied. As a result of a storm event, the Lessor will work with the Lessee to allow a reasonable amount of time for the vessel to be re-floated or removed as long as the Lessee takes measures to prevent pollution liability within 48 hours after the storm event.