§ 405-2. Slipholder agreement provisions.

The following subsections are hereby made part of these regulations and shall appear in every application for berth executed by a boat owner:

A. 

The intent of these regulations is to operate the marinas of the Town in a manner which is fair and uniform to all slipholders, including potential slipholders whose names appear on the wait list for a slip. Any interpretation of these regulations by the Town, or agents of the Town, shall be made with the basic premise that a slip is to be used for the personal and sole use of the slipholder and that the rental value of the slips themselves is an asset of the Town that must not be diverted by private parties. Therefore, the slipholder hereby agrees that any deviation from this premise by the slipholder shall result in the termination of any slip rental agreement and further, the Town may recover any amounts received by the slipholder from other parties which are essentially in the nature of payment for the use of the slip.

B. 

The slipholder also understands and agrees that if it is the opinion of the Town of Barnstable, or its agents, that there may be a violation of any of the marina rules and regulations, or their intent, it shall be at the option of the Town to require the slipholder to provide any and all testimony or documentation which may be necessary to prove to the satisfaction of the Town that they are not in violation of the rules and regulations. Any slipholder who does not respond and show evidence on his behalf within two weeks of receipt of such request, or any slipholder who fails to meet to the Town's satisfaction all marina regulations or their intent, shall relinquish the rights to the slip and all fees shall be forfeited to the Town.

C. 

Furthermore, the slipholder hereby agrees that any violations of these regulations shall constitute reason for the removal of the vessel to a place away from the slip, such as a mooring, other anchorage, or dry storage. The slipholder agrees to indemnify and hold the Town, and its agents, harmless for any damage to his vessel or for the cost of towage or storage in connection herewith.