Boat owners assigned slips shall not allow any
other vessel to occupy said slip, and no vessel may enter any other
than assigned. Slips assigned by the Harbormaster may not be reassigned
by the owner to any other person or legal entity. A slip may not be
reassigned by the owner to any other vessel other than the vessel
originally assigned the slip, including any vessel purchased by the
owner. The Town's Harbormaster, however, using his/her discretion
and after a receipt of a written recommendation of approval from the
Town's Waterways Committee, may permit such assignment as in the case
of a vessel change request.
A.Â
If a lessee wishes to purchase a new vessel, he/she
must complete and submit an application for berth of new vessel to
the Town's Waterways Committee and to the Harbormaster for consideration.
The application for berth of new vessel must be completed in its entirety,
and all required documents as noted on the application must be submitted
at the time of submittal. Failure to comply shall result in the immediate
denial of the application for berth of new vessel request.
B.Â
The Harbormaster or agent of the Town of Barnstable
and/or the Town's Waterways Committee shall have the authority to
request any financial or related document pertaining to the purchase
and/or operation of the requested new vessel, including, but not limited
to, a purchase and sales agreement, bill of sale, abstract of title,
sales tax payment, insurance certificate, mortgage contract, corporate
minutes/papers.
C.Â
The applicant also shall agree to and understands
that his/her vessel shall not be operated through a management company
and must be able to substantiate, by documentation, that he/she is
in fact the sole owner and sole beneficiary of any business or recreational
use of the slip.
A.Â
If a boat owner desires a change in slip assignment
he/she must secure approval of the Town's Harbormaster after receipt
of a recommendation from the Town's Waterways Committee.
B.Â
Guidelines for reassignment of slips.
(1)Â
The Town of Barnstable reserves the right to reassign
slips within its marinas in a fashion which is deemed to be in the
best interest of the Town and reserves the right to vary this policy
in any fashion which would better serve the interest of the Town.
As a general guideline, it shall be the policy of the Town to consider
any request for a change in slip assignment by a slipholder to be
acted upon according to the following policy:
(a)Â
Any request for a change in slip assignment
shall be made in writing by the slip holder and shall state in full
the reason for the request.
(b)Â
All requests received shall be time stamped
by the Harbormaster Division.
(c)Â
All requests shall only be effective from the
date of receipt until all slips have been assigned for the forthcoming
season.
(d)Â
Upon declaration by the Harbormaster that all
slips have been properly filled for the season, all requests shall
be deemed null and void.
(2)Â
The request of a current slip holder to change his/her
slip assignment, may be considered for the following reasons, prioritized
and weighted according to the following order:
(3)Â
The request for a change in slip assignment, may be
granted, but not guaranteed, provided that:
(a)Â
A slip has been vacated by a prior lease holder.
(b)Â
The vessel owned by the next person on the wait
list is not compatible with the vacated slip but is compatible with
the intended vacated slip by the lease holder requesting a slip change.
(c)Â
The requested vessel offers better maximization
of the vacated slip.
(d)Â
A mutual agreement has been established between
two slipholders for a swap.
Boat slips will be leased to individuals only.
No boat slip shall be leased to any corporation, company, partnership,
association or any form of combination of persons. It is the intent
of this regulation to provide the periodic turnover in boat slips.
No survivorship rights are allowed or intended. The lessee and the
owner of the vessel shall be one and the same. The full name(s) of
the owner or owners of the vessel and the percent of ownership each
owner claims to said vessel must be accurately stated upon the application.
Proof of the vessel's documentation or state registration and the
ownership or corporate status must be verified by the ship's papers
and the current ownership or corporate papers. Said papers must show
the ownership or corporate principals and percent of ownership and
they will remain on file. Any change in percent of ownership of the
vessel must be approved by the Town's Harbormaster after receipt of
a recommendation from the Town's Waterways Committee. Any unapproved
change in percent of ownership of the vessel shall be grounds for
termination of the slip, and the contract shall be deemed null and
void with all fees forfeited. It shall remain the prerogative of the
Harbormaster to review these papers at any time to insure compliance.
The owner or operator shall advise the Harbormaster/Dockmaster
when leaving for a cruise of one day or more. The Town may re-rent
the space for a temporary period during the absence of the craft regularly
occupying the space. No credit for such temporary use of space shall
be granted the craft regularly occupying the space.
Slip rentals shall be on a seasonal basis only,
from May 1 to October 31, and November 1 to April 30, and shall be
leased for a fee as set forth by the fees established by the Town
of Barnstable. The option for renewal for the following season is
at the discretion of the Town of Barnstable and is not in any manner
required of the Town, nor will it be considered unless the following
conditions exist:
A.Â
That there have been no unapproved changes in the
application.
B.Â
That the applicant has submitted documents as required
by the application for annual review.
C.Â
That the applicant has shown proof of the payment
of the Town of Barnstable excise tax (if applicable).
D.Â
That the seasonal dockage fee has been paid in full.
E.Â
That the lessee has proved to be a good and cooperative
tenant during the preceding years.
