Liveaboard Regulations

1. Provided that the Boat Owner abides with the terms herein and in the Dockage Agreement, the Marina shall grant to the Boat Owner the privilege of living aboard the Boat identified in the Dockage Agreement (the “Boat”), and no other vessel. The privilege to live aboard a boat is personal to the person(s) identified herein and is not assignable or transferrable. Therefore, only the Boat Owner who executes this Liveaboard Agreement shall be permitted to live aboard the Boat, unless Marina authorizes one additional person to live aboard as evidenced by such person’s signature below. The Marina reserves the unfettered right to restrict the number of persons living aboard any boat.

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2. The Boat Owner must hold a valid Liveaboard Permit from the City of Morro Bay and the vessel must comply with all rules and regulations required by the City of Morro Bay including Chapter 15.40 (PDF) of the Morro Bay Municipal Code and any future updates to that code.

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3. In the event Boat Owner sells Boat Owner’s Boat, Boat Owner shall inform the new owner that he, she or it has no rights pursuant to this Liveaboard Agreement and no right to keep the Boat at the Marina or to live aboard the Boat, unless the Marina first approves the new owner and he, she or it executes a Dockage Agreement and (if live aboard privileges are requested) a Liveaboard Agreement.

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4. The Marina may require that the Boat be relocated to a different slip in Bay Front Marina, after first providing the Boat Owner with a notice. The Boat Owner shall, after receiving such notice, cause the Boat to be relocated to the Slip designated in the notice, on the day specified therein.

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5. Liveaboard Status may be terminated by either Party by providing at least 30 days prior notice to the other Party of such termination. Notwithstanding the above, in the event of a breach of the Boat Owner’s duties hereunder or under the Dockage Agreement, the Marina may terminate the Dockage Agreement and/or this Liveaboard Agreement thereto in the manner specified in the Dockage Agreement.

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6. The Parties agree that the Floating Home Residency Law (California Civil Code sections 800 et seq.) has and shall have no application to the Dockage Agreement or this Liveaboard Agreement thereto, as the Boat Owner represents the Boat has no permanent continuous hookup to a shore side sewage system, and is not designed to be used as a stationary waterborne residential dwelling, and therefore is not a “floating home” as defined by that law.

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7. The Parties acknowledge that this is a commercial contract. The central collective purpose of the Dockage Agreement and this Liveaboard Agreement thereto is the provision of wharfage or docking services, and not to create a residential tenancy of any kind, and therefore neither the Dockage Agreement nor this Liveaboard Agreement thereto shall under any circumstance be deemed to create a residential tenancy

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8. The Boat Owner understands that in the event of nonpayment for dockage services rendered or commission of a maritime tort resulting in liability or loss by the Marina, the Marina shall (in addition to other available remedies at law and/or equity) be entitled to avail itself of all rights available in admiralty, including seizure of the Boat pursuant to an Order of the United States District Court for the Northern District of California, in order to satisfy the Marina’s maritime lien, and that in such event the U.S. Marshals will order ashore anyone found aboard the Boat (including liveaboards), and that costs of arrest will be borne solely by Boat Owner.

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9. Upon execution of this Liveaboard Agreement the Boat Owner shall provide evidence of insurance, as detailed in the Dockage Agreement.

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10. Boat Owner shall not use and shall prevent all aboard his/her Boat from using, any alcohol stove or oven while the Boat is located at the Marina’s premises.

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11. Boat Owner shall not, without the prior written approval of the Marina, operate any business from his/her Boat while she is located at the Marina’s premises.

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12. Boat Owner shall maintain an independent means for delivery of mail, such as a post office box, and shall not cause any mail addressed to him/her to be delivered in care of the Marina without the express prior written approval of the Marina.