STRATFORD WATERFRONT & HARBOR MANAGEMENT COMMISSION
LICENSE AGREEMENT FOR SMALL BOAT RACK SPACE
I, ___________________________, (referred to in this agreement as “I”, “me”, “my”, “Boat
Owner”, or words of similar meaning), agree to license the use of a Boat Rack Space for a
small boat owned by me, from you, the STRATFORD WATERFRONT & HARBOR
MANAGEMENT COMMISSION (referred to in this agreement as “you”, “your”, or “WHMC”, or
words of similar meaning), for the _______ boating season at the Small Boat Rack at the
Stratford Boat Launch ramp, located at the foot of Birdseye Street, Stratford, Connecticut
("Boat Rack Site") and you agree to license the use of such space to me.
1.
TERM: The term of this licensed use begins on January 1 st and ends on December 31st
of the year stated above. I acknowledge that the extension or renewal of this agreement is at
the sole discretion of the WHMC.
2.
LOCATION: The Boat Rack Space assigned to me is space number _____. I agree
that my Boat Rack Space or the location of the Boat Rack Site may be changed at any time at
the sole discretion of WHMC.
3.
RATE: I agree to pay the amount of $_____ upon the assignment of Boat Rack Space
for the use of the Boat Rack Space assigned to me or for such similar space as may later be
assigned to me in accordance with this agreement. I agree that I may only store a second boat
in my Boat Rack Space, space permitting, upon payment of an additional fifty percent (50%) of
the rate above. I also agree that if I fail to comply with any of the terms of this agreement, then
I shall forfeit any and all payments made to the WHMC and my license to use a Boat Rack
Space.
4.
USE: I agree that:
a) I will use the Boat Rack only for non-motorized vessels that are less that 15' in length
and 2' in height with a maximum beam of 6 feet; or a maximum combined beam of 6
feet, if the space is used for two boats.
b) I will use the Boat Rack Space only during the term hereof and only for the storage of
my boat and associated equipment.
c) I will keep any and all of my vessels within the confines of my assigned Boat Rack
Space.
d) I will not make any alterations or additions my Boat Rack Space or to the Boat Rack
or to the Boat Rack Site without the written permission of the WHMC or its designee.
e) I will secure any and all vessels in my Boat Rack Space with a lock and a heavy-duty
cable or chain in such a way as to prevent movement during inclement weather of any
kind, including, but not limited to high winds.
f) I will be the only person accessing my Boat Rack Space, unless I have provided
WHMC with the name and other required information of additional users and such
additional user has been approved by WHMC, or its designee; and has executed a
Small Boat Rack Space Non-Owner User Permit with the WHMC.
g) I will only access the Boat Rack between 1 hour after sunset and 1 hour before
sunrise.
h) I will remove any and all vessels and associated equipment from my Boat Rack
Space no later than twenty-four (24) hours before the predicted landfall of any hurricane
or other forecasted severe weather affecting the State of Connecticut in order to prevent
damage to the Boat Rack or property belonging to others.
i) I will display my Boat Rack permit stickers to any and all vessels that are stored in my
Boat Rack Space and to my motor vehicle in the manner required by WHMC, or its
designee. I also agree that any vessel that is not approved for use in my Boat Rack
Space, or does not have a permit sticker affixed to it shall be removed and impounded
at the sole discretion of the WHMC.
j) I will not post or display any or advertisement or other posting of any kind to the Boat
Rack or in my Boat Rack Space.
k) I will comply with any and all federal, state and local laws, including, but not limited to,
statutes, ordinances, regulations and/or rules of any kind, made and/or enforced by any
governmental or quasi-governmental entity.
l) I will park any motor vehicle associated with any vessel using stored in my Boat Rack
Space in the parking lot behind the fishing pier located at the northernmost parking area
at the foot of Birdseye Street.
5.
RISK OF LOSS: This agreement constitutes merely a license to use a Boat Rack
Space and does not create a lease, property interest, bailment or other relationship under
which the WHMC, the Town of Stratford, or any other person or entity undertakes any
obligation to guard or protect any of my property from theft, vandalism, or damage by persons,
animals, events, acts of God or nature, and/or any other cause, act, omission or occurrence.
Boat Owner hereby assumes all risks associated with the keeping of any and all property at
the Boat Rack Site or any adjacent area. I understand that it is my responsibility to provide
insurance for my boat and other equipment. I understand that the neither the Town of
Stratford, nor WHMC will provide any type of insurance or other coverage in the event of
damage to my boat, or other property, or to the person or property of others and that I am
responsible for same.
6.
NO LIABILITY OF THE TOWN OF STRATFORD OR WHMC: The Town of Stratford
and the Stratford Waterfront & Harbor Management Commission (WHMC) shall have no
responsibility for: loss or damage to any of my property including my boat or any property
stored by me or those claiming by, through or under me, at the Boat Rack Site, or on property
owned, leased, or licensed by the Town of Stratford or the WHMC in connection with this
agreement by reason of fire, lightning, water, wind storm, tornado, hail, ice, other elements,
explosion, theft, malicious mischief, vandalism, theft or otherwise; nor for any loss or injury to
any person or persons in or about the Boat Rack Site, the adjacent premises or any boat or
vessel which I may use or operate.
I hereby release the Town of Stratford and the Stratford Waterfront & Harbor Management
Commission, and their respective employees, agents, and contractors from any and all liability
or responsibility for same to the extent permitted by law and hereby agree to indemnify and
hold harmless the Town of Stratford and the Stratford Waterfront & Harbor Management
Commission from any claim, including reasonable attorney's fees and costs, by anyone for loss
or injury to person or property arising out of, or relating to, my use of the Boat Rack Site,
adjacent premises, any boat or vessel which I may use or operate, or any other boat or vessel.
This release and indemnity from liability shall specifically include, but not be limited to; any loss
or damage caused me, or those claiming by or through me, by any obstructions in or under the
surface of the waters.
7.
NO WASTE: I agree to keep the Boat Rack Space in reasonable condition and not to
commit or allow any nuisance or waste on the Boat Rack Space, the Boat Rack Site and
adjacent premises.
8.
HOLDING OVER: I shall remove any and all property from the Boat Rack Space, the
Boat Rack Site and adjacent premises at or before the end of the term of this agreement. If I
fail to do so, I shall be liable to the WHMC for any and all removal and storage costs related to
my non-removal of the any and all of my property.
9.
NO ASSIGNMENT NOR SUBLET: This agreement is and shall be a personal
agreement between me and the WHMC, and my rights hereunder shall be non-assignable and
non-transferable. I further agree that I shall not sublet or otherwise assign my license to use
the Boat Rack Site under any circumstances.
10.
RULES: WHMC the right to enact, amend and enforce such further reasonable rules as
it deems suitable and I agree to comply with such rules and to require that all persons using
my Boat Rack Space with my permission also comply with such rules.
11.
ENTIRE AGREEMENT: This agreement is the entire agreement between the parties
and cannot be revised, amended, or altered in any way except by a written document signed
by me and the WHMC, or its designee; and except as otherwise provided herein.
BOAT OWNER
WHMC, BY
_________________________________
Name:
Date:
________________________________
Name:
Its duly authorized _________________
Date: