The Commission and the Licensee acknowledge as follows:
1.00 Representations and Warranties
- The Commission owns and operates the Crysler Park Marina situated in the Township of South Dundas, 9 kilometres east of Morrisburg on the north shore of the St. Lawrence River at Buoy 72 hereinafter called the “Marina”.
- The Licensee is the owner, the managing owner or the agent acting under the authority of an owner of a boat hereinafter called the “Boat” described as follows:
- The Licensee has requested the Commission to grant a license to the Licensee for the purpose of mooring the Boat at the Marina.
The Commission and the Licensee agree as follows:
2.00 License
2.01 The Commission grants to the Licensee and the Licensee accepts from the Commission, subject to the terms and conditions contained in this Agreement, a non-exclusive license:
- a) to use and occupy that portion of the docking facilities of the Marina assigned to the Licensee by the Commission only for the purposes of mooring the Boat and for hooking up the Boat to a water supply outlet or electrical hook-up; and
- b) for the Licensee and his or her family, servants, agents and invitees to use the washrooms, picnic areas and the recreation area located at the Marina.
2.02 The term of this license will be for a period commencing on the 1st day of May 2025, and ending on the 19 day of October 2025, unless sooner terminated under the provisions of this Agreement or otherwise.
2.03 The Commission reserves the right to reallocate moorings for the Boat at any time by assigning to the Licensee other suitable facilities in the Marina.
3.00 Service
3.01 Upon request by the Licensee, the Commission will provide, in addition to the moorings, water hook-up and electrical hook-up referred to in clause 2.01(a), shrink wrapping, pumping, storage facilities, on-site parking and garbage disposal.
3.02 The Commission assumes no responsibility for the temporary or unavoidable interruption of the supply of electrical power due to any cause.
4.00 Fees
4.01 The Licensee will pay to the Commission the fee or fees for the use of the moorings, water hook-up and electrical hook-up facilities and for any additional services referred to in paragraph 3.01 of this Agreement as set out in the fee schedule.
4.02 The fee or fees payable under this Agreement will be payable in advance of occupancy or the provision of services unless otherwise agreed by the parties in writing.
5.00 Removal of Property
5.01 Upon the termination of this Agreement or, in any event, no later than the 19th day of October of the year of signing this Agreement, the Licensee will immediately remove the Boat, the equipment connected with it and any other property belonging to the Licensee from the Marina and leave the mooring facilities in good order and condition. On default of the Licensee in removing the Boat, the equipment connected with it and any other property on termination of the Agreement, the Commission may cause the Boat, the equipment connected with it and any other property to be removed, at the Licensee’s risk and expense, to a place of storage selected by the Commission and the Licensee will reimburse the Commission upon demand for the cost of the removal and storage. The Commission will have a lien against all of the property for storage pursuant to the Repair and Storage Lien Act, 1989, S.O. 1989, Chapter 17.
6.00 Non-Liability of Commission
6.01 The Commission will not be liable for any negligence or failure in safeguarding the Boat or equipment connected with it, or for any damage to or loss of the Boat or equipment connected with it by reason of theft, fire, collision, inclement weather, power failure or any other cause. The Commission will not be liable for any injury or death of the Licensee, his or her family, servants, agents and invitees or for any claim by any third party against the Commission, its employees or agents arising out of the operation of the Boat or equipment with it or arising out of the construction, design, condition or state of repair of the Marina, unless it was caused by the negligence or wilful act of an employee or agent of the Commission while acting within the scope of his or her employment or agency respectively. The Licensee assumes complete responsibility for the Boat and equipment which may at any time be located in the Marina and for any other vehicle of the Licensee, his or her family, servants, agents and invitees.
6.02 The Licensee will indemnify the Commission from and against any and all losses, costs, proceedings, liability, claims, damages or expenses,
- a) arising out of any act or neglect by the Licensee, his or her family, servants, agents or invitees while in and about the Marina, or
- b) arising out of any breach by the Licensee of any provision of this Agreement, including liability for injury or damage to the person or property of the Licensee, his or her family, servants, agents or invitees.
7.00 Insurance
7.01 The Licensee will throughout the term of this Agreement keep in force general comprehensive public liability insurance and property damage insurance with limits not less than $2 million for each occurrence. The Licensee will deliver certificates of insurance from the Licensee’s insurer to the Commission prior to the execution of this Agreement. The Licensee will insure its personal property and the Boat for fire and extended coverage.
WARNING TO LICENSEE:
- You should notify your boat insurer that you have signed this Agreement, as it may invalidate your insurance unless you have the consent of the insurer in writing.
8.00 Non-Assignability
8.01 This license is personal and will not be assigned either in whole or in part by the Licensee.
9.00 Regulations
9.01 The Commission will have the right from time to time to make reasonable rules and regulations as in its judgment may from time to time be necessary for the use and cleanliness of the Marina and the safety and care of the users of the Marina. The Licensee will observe and agrees to compel his or her family, servants, agents and invitees to comply with these rules and regulations. As of the effective date of this Agreement.
10.00 Termination
10.01 In any of the following events, the Commission will have the right to terminate this Agreement by notice to the Licensee:
- a) if the Licensee defaults in observing any of the terms or conditions of this Agreement; or
- b) the destruction of the mooring facilities by fire, inclement weather or by any cause whatsoever.
11.00 Lien Right
11.01 The Commission will have a lien against the Licensee’s Boat and equipment for any unpaid sums due for the use of any of the Marina facilities or for the supply of any Marina services by the Commission to the Licensee. The Commission may refuse access to the Boat or its equipment by the Licensee or delivery of the Boat or its equipment to the Licensee until the lien is satisfied.
12.00 Notices
12.01 Notices under this Agreement will be given in writing and sent by personal delivery or by ordinary prepaid mail to the parties at the addresses set out on the completed seasonal docking agreement, unless either party gives notice of another address.
12.02 Notices sent by mail will be deemed to have been given on the 4th business day after the date of mailing.
12.03 Notices sent by personal delivery will be deemed to have been given at the time of the said delivery.
13.00 Compliance with Law
13.01 The Licensee will not do or permit any act or omission which may be detrimental or cause damage to the Marina to be done during the term of this Agreement. The Licensee will comply with all federal, provincial and municipal laws, regulations and orders at all times while using the Marina.
14.00 Confidentiality
14.01 The collection, use and disclosure of personal information is governed by the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31 under the legal authority of The St. Lawrence Parks Commission Act, R.S.O. 1990, c.S.24, as amended by S.O. 1993, Chapter 16, S.4. and will be used by the Commission for administrative purposes.
15.00 Survival of Obligations
15.01 All of the obligations of the Licensee accruing during the period of this license and all of the indemnities by the Licensee will survive the termination or expiry of this Agreement.
16.00 Waiver
16.01 A waiver of any failure to comply with any term of this Agreement must be written and signed by the aggrieved party. Each waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failure(s) to comply.
17.00 Amendments, Alterations and Additions
17.01 Subject to clause 4.02, if, at any time during the continuance of this Agreement the parties consider it necessary or expedient to make any amendment, alteration or addition to this Agreement, they may do so by means of a written agreement between them which will be supplemental to this Agreement and thereafter will form part of this Agreement.
18.00 Entire Agreement
18.01 This Agreement including Fees, Rules and Regulations, and Seasonal Docking Agreement 2025, constitutes the entire agreement between the parties. There are no other agreements, understandings, representations or warranties, either collateral, oral or otherwise.