On Wed, 02 Jun 2004 12:27:52 -0400, DSK wrote:
felton wrote:
If Haggie is paying for the "use" of the slip for 30 days, then it
seems reasonable that she should have the use of it, to occupy or
allow a friend to temporarily occupy it in her absense. If the marina
is double dipping by charging someone else for time in the slip that
Haggie has paid for, then it seems only equitable that Haggie should
be credited for some/most of the net additional revenue from the
transient "guest".
Yes, very much so. Most marinas I know of have a prohibition against
sub-letting in slip rental/lease agreements. Under one of these, Haggie
could't rent out her slip to transients and pocket the money, but if no
money changes hands....
Then again, we are talking about what makes sense, which, as Lawyer
Dave points out, has nothing to do with legal documents.
... Obviously the slip agreement actually governs what
happens, but it sounds like it was drafted as a greedy "hooray me,
screw you" document.
yep. It's always wise to read the fine print.
The devil is always in the details

My marina won't allow outside
workers to work on boats. It is a nice way to develop and maintain a
monopoly. I vaguely recall that they used to assert some right to
collect a commission on boats sold at the marina even if they were not
brokering the sale, but that seems to have disappeared into the mists
of antiquity. The major problem I have is that I sail on a Corps of
Engineers lake, where there is almost no opportunity for a competitor
to open a new facility, while at the same time the Corps has allowed
one individual to essentially capture such a majority of the slips on
the lake that we are captive to his ever increasing rates. Oh well,
what is a publicly owned and funded asset for if not to permit the
public to be fleeced by private interests?
Side note- this kind of contract seems more and more common. A few weeks
ago I went onto a new facility and was told that before we started any
work, we all had to individually sign these "release forms." The
"release forms" turned out to be liability/indemnity contracts wherein
the owner of the facility was not only holding our individual workers
liable for damage to any machinry, but for the whole cost and for lost
operating time as well... also holding us responsible for anything
"missing" while we're on site. Needless to say, I pointed out to the
site engineer that we were already there as the low bidder and this was
rather a stupid way to do business. He agreed that we didn't have to
sign it and we got him back on line.
I don't know how the "personally metered electric" works when a
transient is in the slip. In my case, there is one meter per slip and
I pay for the electric usage. Hopefully Haggie isn't having to pay
for the electricity usage of transients occupying her slip while she
is away while not receiving any credit for the marina's "windfall".
Transients? Shucks, I have to keep an eye out for slip neighbors,
workers, and RVs in the parking lot plugging into our metered electric.
Sounds like Republican policies are behind it
I dunno about Republican, but it greedy & stupid is no way to go through
life (to coin a phrase).
I'll accept that expansion of my description
Fresh Breezes- Doug King