- GATE POLICIES
All people, vehicles & vessels must be registered and insured past this point
- MMYC DRY DOCK EXCLUSIVE SERVICES
- Travelift+ Graving Dock+ Forklifts + Cranes+ Working Docks
- Dockside Rentals (Storage Containers + Portable A/C units)
- Work Below Waterline and Outboard Scaffold
- Paint+ Gel Coat (Underwater Coatings + Gel/Paint Blending + Hull Refinishing)
- Propulsion systems (service – reconditioning and alignment)
- Hydraulic swim platforms
- Exterior detailing (in dry dock areas – marina ok)
- Welding (hull plate, tanks, fabrications)
- Tanks/ bilges (pump outs + cleaning + disposals)
- Thru hulls (anything below the waterline)
- APPROVED CLEARANCE (NO GATE FEES)
- Yacht brokers + surveyors
- Pods (OEM authorized service providers)
- Arneson drives (OEM authorized service providers)
- Outboards (OEM authorized service providers)
- Electricians + electronics+ appliances (above waterline)
- HVAC Systems
- Machinery mechanics (engines+ generators)
- Interior services (carpentry + soft goods + decorating)
- Hydraulics
- Window contractors
- Fire systems
- Teak decks
- DIRECT CONTRACT TARIFFS
- Bilge/tank trucks $250.00 entry (per day)
- Fuel trucks .10¢ per gallon ($50.00 minimum)
- Black Water (Schedule through Dock Office)
CLOSED-TOESHOEWORKINGFACILITY
NO VECHILE OR TRAILER STORAGE
- MMYC, LLC VESSEL CHECK-IN PROCEDURES
- Fill out Dockage and Repair Agreement at Office.
- Provide office with a copy of vessel insurance and registration.
- Plug in and Monitor Shore Power.
- Empty perishables from refrigerator, freezers if leaving vessel unattended.
- Stow items on deck and put the covers on to secure the vessel for shipyard work and provide free and clear access.
- Lock unattended vessels and remove all valuables and personal items.
- Vessels must remain fully insured at all times while in this facility.
- All persons/ contractors working in this facility are required to be registered and appropriately insured with a waiver of subrogation listing MMYC as additionally insured.
Disclaimer: MMYC, LLC does not act as Custodian, Management Company, Captain, or caretaker while your yacht is in this facility. Please monitor and maintain your vessels accordingly during your stay.
- Haul/Block/Launch
- This facility requires all vessels to provide all information available to our operators or representatives to ensure safe hauling of your vessel. This should include but not be limited to docking plans, photographs of previous hauls and sling indicating plaques.
- INSURANCE IS MANDATORY
- Please provide a copy of your vessel’s insurance policy along with this agreement. All outside contractors must carry appropriate insurance. Temporary crew must be listed on crew list and covered under vessel’s insurance policy.
General Terms and Conditions
The following term and conditions define and govern the rights and responsibilities of MMYC, LLC dba Marina Mile Yachting Center at marina bay which shall include, unless otherwise specified,its owners, operators, employees, agents, contractors and any affiliated company (hereafter referred to as “MMYC”), the Owner, which shall include, unless otherwise specified, the operator, manager, charterer, agent of the Owner’s vessel (hereafter referred to as “Owner”) and the Owner’s vessel (hereafter referred to as the ”Vessel”) at all times that the Vessel is at MMYC Premises.
- The Vessel shall al all limes remain in and be subject to the custody, control and possession of Owner.This is not a bailment and MMYC is not, and shall not, be considered the bailee of the Vessel and shall not have any duty or obligation as bailee. The Vessel is at the premises of MMYC at the sole risk of the Owner who has access to the Vessel for purposes of performing work and providing security to her hull, equipment, machinery and all personal property on board. MMYCshall not be liable for any loss and damage to the Vessel, the equipment, machinery and any personal property on board the Vessel, regardless of any cause whatsoever, including but not limited to there, theft, vandalism, collision, windstorm, hurricane wakes, failure or malfunction of equipment owned or operated by MMYC, as well as the negligence of MMYC regardless of whether the negligence of MMYC is the sole or contributing cause of the loss and damage. It is understood and agreed that the Owner has and shall maintain insurance that includes USL&H coverage, a copy of which is to be provided to MMYC upon registration. This insurance is to cover any contractors, subcontractors, fees and damage to the Vessel, her equipment, machinery and any personal property on board the Vessel and, in the event of any loss or damage, shall look to the Owner’s insurance company, and not MMYC, for payment.
- Owner shall be solely responsible for the safety of any person and the property of any personit employs or permits to be on board the Vessel for any purpose, including employees, captain, crew, guests, agents, contractors, subcontractors, workers, vendors, and their employees. MMYC assumes no responsibility and shall not be liable for any claim for loss or damage to property, personal injury or death of any such person even if caused in whole or in part by negligence of MMYC. Owner releases and waives any and all claims against MMYC, its management, owners, agents, and directors for bodily injury, personal injury, or other harm (including death) to Owner, its guests, family, employees, agents, contractors and subcontractors, while on MMYC premises, even if such bodily injury, personal injury, or other harm (including death) is caused in whole or in part by negligence of MMYC, its management, owners, agents or directors. Owner shall defend and indemnify MMYC, its management, unit owners, agents and directors against all claims, actions, liabilities and damages for injury to persons (including death) or damage to property arising directly or indirectly out of the use of MMYC’s slips or marina facilities by the Owner, its guests, family, employees, agents, contractors and subcontractors, even if such claims, actions liabilities and damages are for loss, damage, injury or harm caused in whole or in part by the negligence of MMYC, it’s management, owners, agents or directors. This clause reflects an agreed contractual allocation of risk between the parties, whereby the Owner agrees to look solely to their own insurer for any risks associated with the use of MMYC’s slips and associated marina facilities.
- Owner agrees that Owner and its guests, family, employees and agents shall comply with all applicable laws, rules and regulations of this State, as well as any other governmental body or regulatory authority. Owner shall also be responsible for the negligence, actions and omissions of any person it employs or permits to be on board the Vessel for any purpose, including, employees, captain, crew, guests, agents, contractors, subcontractors, workers, vendors, and their employees which causes loss or damage to property of MMYC or any person, or personal injury or death of any person. MMYC assumes no responsibility and shall not be liable for any such claim for loss or damage to property, personal injury or death even if caused in whole or in part by the negligence of MMYC. Owner agrees to and shall indemnify and hold harmless MMYC for all cost, expenses, attorneys’ fees incurred by or on behalf of MMYC in the defense of a claim and to indemnify and hold harmless MMYC on a judgment, for any such person for loss or damage to property, personal injury or death even if caused in whole or in part by the negligence of MMYC.
- Owner is responsible for securing the Vessel in a safe, prudent and seaworthy manner, in addition to all other generally accepted practices in the maritime community. Owner shall be liable for damages caused to other Vessels or to any part of MMYC’s premises, including, but not limited to, docks, pilings, plumbing, wiring and other equipment and machinery, caused by the Vessel, including damage caused by the leaking of fuels, oils or any liquids or fluids from the Vessel. MMYC shall not be liable for any negligence or gross negligence (excluding willfulness) for taking any measure that it deems appropriate for securing theVessel, including the towing or moving of the Vessel.
- MMYC has the right to and is authorized by Owner to operate the Vessel for purposes of service, testing and inspection. MMYC has the right to and is authorized by Owner toremove or have the Vessel removed from the premises should there be any event, condition or occurrence or threatened event, condition or occurrence, which, in the discretion of MMYC, would compromise the safety of the Vessel, persons and property at MMYC, and all expenses incurred for that purpose shall be for Owner’s account. MMYC is also entitled to move or tow the Vessel at any time that it deems necessary for management of MMYC’s premises, maintenance or repair of slips or any associated marina facility, including sea walls, etc., and Owner agrees that MMYC shall not be liable for any damage incurred by the Vessel during such moving or towing, including if the Vessel is damaged by the negligence or gross negligence of MMYC, its employees, agents or directors. If the Vessel must be removed from MMYC’s premises for any reason, including maintenance of MMYC’s premises, MMYC may tow said Vessel to alternate dockage. Owner agrees and understands that the charges for towage and storage shall accrue and Owner shall be solely liable for such costs. which may constitute a lien upon theVessel.
- Expeditious completion of all work to be performed is primary. Therefore, so as not to impede work progress, in the event the Owner or authorized representative is not readily available to sign a work (change) order or contract, Owner hereby authorizes MMYC (without an appropriate signature) to proceed and/or continue with the work identified and/or recommended by MMYC to be performed on and to the Vessel, and the Owner further agrees and promises to sign and immediately return to MMYC the signed work (change) order or contract in receipt, and further guarantees payment of the work (change) order or contract identified in compliance with MMYC billing policy.
- All invoices are due and payable on presentation, but in all events must be paid before the Vessel leaves MMYC’s premises and M MYC may retain possession of the Vessel until all obligations incurred on behalf of the Vessel, the Owner and authorized person(s) are paid. The Owner personally assumes the liability and agrees to pay all obligations incurred by the Vessel and the above-named authorized person(s). A late payment of one and one-half percent (1 ½%) per month, not to exceed the maximum rate of interest allowed by law, will be added to bills, which are not paid within ten (10) days’ time. Should MMYC deem it necessary to retain an attorney to collect any charges due, MMYC shall be entitled to recover reasonable attorneys’ fees from the Owner, regardless of whether any suit is brought against Owner or Vessel. Owner further agrees that MMYC has a maritime lien upon the Vessel, its equipment and personal effects for such attorneys’ fees and costs.
- MMYC’s responsibility is limited to providing the service and materials contracted by Owner. The liability of M MYC, which shall only be for breach of the contract with respect to the service and materials provided, is subject to and conditioned upon MMYC being notified in writing no later than seven (7) calendar days from the departure of the Vessel from MMYC premises and is also subject to and conditioned upon MMYC having the opportunity to inspect the Vessel prior to any repairs or replacement. Absent Owner’s compliance with these conditions, MMYC shall have no responsibility and the claim shall be considered waived.
- In no event shall MMYC be liable to Owner for claims for loss or damage of property of third parties, personal injury or death, loss of use, loss of income, loss of market, or any other incidental or consequential item of loss or damage, whether foreseeable or not, arising out of or in any way related to the service and materials provided by MMYC. MMYC makes no warranty, either express or implied, with respect to any service or materials provided by MMYC or any third party. Any and all warranties implied by law, including but not limited to the implied warranty of merchantability and implied warranty of fitness for a particular purpose are specifically disclaimed. Any express warranties with respect to the materials provided are those, if any, of the manufacturer only and not of MMYC.
- MMYC does not warrant, represent or guarantee the condition, fitness, ability, or capability of any part or material that is manufactured or fabricated by a third party that is installed on or provided to the Vessel. Under no circumstances shall MMYC be considered to be in the chain of distribution or the seller of any such part or material for purposes of the malfunction, defect or dangerous condition which may be determined to be a cause, in whole or in part, of loss or damage to property, personal injury or death. Any and all third parties and materials provided by MMYC shall be considered incidental to the service provided by MMYC to the Vessel.
- MMYC does not warrant or guarantee the completion date of services and materials provided by MMYC. Any estimated completion date shall not be considered binding.
- Any dispute, except for claims involving personal injury or deaths arising out of this agreement shall be subject to and be required to go to binding arbitration in Broward County, Florida, before a single neutral arbitrator to be appointed with the agreement of the parties. MMYC and Owner agree to be subject to the jurisdiction of the state and federal court in Broward County, Florida, which shall have jurisdiction to (1) enforce the arbitration provision (2) appoint an arbitrator in the event the parties are unable to agree on an arbitrator (3) confirm and enforce the arbitration award. The prevailing party in the arbitration shall be entitled to recover reasonable attorneys’ fees. Notwithstanding the requirement to arbitrate, this shall not constitute a waiver of or in any way restrict the right of MMYC to enforce its rights as the holder of a maritime lien for services and other necessities provided to the Vessel by pursuing an in rem claim against the Vessel and/or demanding that the Owner post security in an amount and form agreeable to MMYC in lieu of the arrest of the Vessel.
- This Agreement constitutes the entire understanding between all parties to this Agreement No representations, except as expressly set forth herein, have been made by any party to the other, and this Agreement cannot be amended or modified except by written agreement, signed by MMYC, before or during the term of the Agreement which writing specifically states that It is an amendment or modification thereto.
- Execution of this agreement below by or for the Owner and Vessel as acknowledgement by the Owner that each and every termand condition set forth herein is understood and agreed to; that Owner understands that execution of this agreement is a condition and inducement to MMYC agreeing to undertake and provide service and materials to the Owner and the Vessel; that Owner has had the opportunity to read and discuss the terms and conditions with MMYC; that Owner understands and agrees that the terms and conditions set forth above limit, reduce, and/or eliminate the rights of Owner and limit, reduce, and/or eliminate the responsibility if and liability of MMYC, that Owner agrees to be bound by the terms and conditions without exception as set forth above.
- In the event that any provision of this Agreement is held to be unenforceable; all other provisions of the Agreement shall be undisturbed and remain in full force and effect.
Contractor Terms and Conditions
These terms and conditions apply to All Outside Contractors Working at MMYC, LLC d.b.a. Marina Mile Yachting Center (hereafter referred to as “MMYC”) including Service & Repair Companies, Vendors, Boat Dealers & Brokers.
Companies and individuals who are not employed by MMYC are welcome to work on vessels at our facility as long as they understand and comply with all MMYC rules. Outside professionals help us provide the “full service” that boaters expect of quality marinas and ship repair facilities, by complimenting those services available from MMYC staff, but they must follow the same rules we work with for security, safety and environmental protection reasons.
To keep this facility operating .in a safe, clean, and professional manner, outside professionals MUST comply to the provisions of our Outside Contractors Safety Agreement, including providing MMYC with copies of:
Current occupational license and city/state sales tax registration numbers. Current certificate of insurance evidencing the following coverages and limits; Comprehensive General Liability including premises and operations, products and completed operations, contractual liability, broad form property damage, personal injury, employees as additional insured’s, and fire legal liability. Minimum limit of Liability: $1,000,000 CSL Marina Operators Legal Liability or Ship Repairers Legal Liability and Protection & Indemnity Coverage. Minimum Limit of Liability $1,000,000 CSL Automobile Liability including all owned, non-owned, and hired vehicles. Minimum Limit of Liability: $500,000 CSL Workers’ Compensation Umbrella Liability. Minimum Limit of Liability; $1,000,000 Environmental Impairment Liability (Pollution) including site pollution and sudden and accidental coverage at limits no less than$2,000,000 in any one occurrence. Current letter of consent, repair order, or a completed authorization to repair signed and dated by the boat owner of record to be presented to the MMYC site office prior to boarding any boat. Signed copy of the Outside Contractors Safety Agreement, signature should be that of an authorized member of management for your company. Copies of MSDS sheets for all chemicals being µsed by the Contractor while in the MMYC property and kept current as new products are used. A signed copy of the Outside Contractors Safety Agreement must be on file in the MMYC before starting work in this repair facility and marina. Prior to starting any work, the outside professional or agent must report to the MMYC site office each day to confirm current status of the required documents. Failure to report to work or to not have all documents current and on file will result in suspension of access to the marina.
OUTSIDE CONTRACTOR SAFETY & ENVIRONMENTAL PROTECTION
Work must be done in a safe manner, in compliance with all applicable laws and regulations, to provide for the safety of property and the safety of contractor personnel, MMYC personnel, and the general public. Work sites must be kept clean and orderly. Work, which could create a hazard to people or property, must be appropriately delineated to prevent injury or property damage. Use of any unsafe equipment is against MMYC policy. All accidents must be reported to the MMYC management. Work must be done in an environmentally safe and clean manner, including:
- In compliance with all applicable laws and regulations, to provide for the protection of the environment from damage or pollution caused by any work done while on MMYC property.
- No wastes shall be disposed of in or on Marina property (including dumpsters) without specific permission of management.
- All chemical wastes must be removed from MMYC property.
- No waste shall be disposed of on any land or wetlands or waters, on or adjoining MMYC property.
- Spills of any of the environment, or on MMYC property, of any type must be reported to M MYC management immediately.
- Full cost of cleanup, removal and/or environmental damage for work done in this repair facility and Marina Mile is the responsibility of the contractor.
- All chemicals brought on MMYC property must be removed at the conclusion of the job.
- All hazardous chemicals used on MMYC property must be approved by MMYC management prior to being brought on site.
This approval process requires that a copy of the Material Safety Data Sheet for each chemical used in the course of providing our services will be supplied to this Marina, of all chemicals which might provide a hazard to MMYC personnel, the general public, or the environment, through use, spillage or improper disposal. Provisions of the Hazard Communication Standard must be followed. Material Safety Data Sheets provided by the Outside Contractor will then be available at this MMYC for any hazardous chemicals to which contractor personnel might be using.
OUTSIDE CONTRACTORS’ INDEMNITY AND ASSUMPTION OF RISK
The company and /or person signed on the other side of this page, in consideration of permission granted by MMYC, to enter upon the property of such repair facility and Marina and perform work or services upon the property of such repair facility and marina and perform work or services upon boats and/or motors in such repair facility and marina, does hereby expressly assume any and all risk to his person or property, or the person or property of any of his invitees, agents, or employees, in entering upon said premises and/or performing such services.
In addition, the undersigned agrees to hold MMYC harmless from any claims or damages resulting from or arising out of any act or omission of the undersigned, his invitees, agents or employees, to provide all necessary and sufficient safeguards and to make ail proper precautions against the occurrence of accidents, injuries or damages to any persons or property and to be responsible for and to indemnify and save harmless MMYC from all losses or damage and any or all claims arising by reason of any act or omission of the undersigned, his invitees, agents, or employees, and further agrees to defend at the expense of the undersigned any and all suits or actions, civil, or criminal, arising out of any act or omission of the undersigned, his invitees, agents or employees.
PROTOCOL FOR SEALING REMOVED VESSEL COMPONENTS
Any parts, fittings, windows, engines, machinery, or other components, including those removed from engines or machinery, taken off vessel in service, whether in dry dock, marina, or while afloat, must be sealed from a marine environment during disassembly if not performing an immediate refit or replacement. Additionally, these items must be sealed from a marine environment before the end of the workday to prevent exposure to saltwater, humidity, sea air, or other working debris the vessel may be exposed too in an operating shipyard, boatyard, or marine facility
VISITORS
As a Visitor to Marina Mile Yachting Center, LLC (MMYC) Property, I understand and acknowledge the following: I am entering these facilities at my own risk and of my own free will, and I waive any claims for ordinary negligence, including but not limited to claims for physical injury against MMYC, LLC or its employees for any occurrence at the property. I am prohibited from conducting work as “Crew” unless I am documented with MMYC, LLC and on a “crew list” for a vessel at the facilities or while a visitor. I cannot work for a contractor or as a contractor at this facility unless I have provided proof of proper insurance to MMYC, LLC and have been approved. Required insurance amounts are listed on separate forms.