THREE MILE HARBOR BOAT YARD

Summer Dockage Agreement

SECTION ONE: This lease made February 1, 2003 between THREE MILE HARBOR BOAT YARD, INC. of Three Mile Harbor Rd., East Hampton, NY ("The Boat Yard") and

The Boat Owner:__________________________________________________________________

Boat: ___________________________________________________________________________

Length:__________________________________________________________________________

The Boat Yard hereby leases to the Boat Owner & Boat Owner hereby takes by hire from Boat Yard, Slip #________ provided with electric & fresh water outlets, subject to the terms and conditions set forth herein:

SECTION TWO: Boat Owner shall pay Boat Yard, for the use of this berthing space, together with utilities as provided herein & a license to use adjacent areas as provided herein, for the period time of April 2003 to November 15th, 2003; for the sum of $________________, plus $______________.

SECTION THREE:

1. Use: Boat Owner shall use said boat for pleasure and recreation only and no commercial ventures of any kind shall be undertaken from the Boat Yard without written consent of the Boat Yard. The Boat Yard shall have no obligation to grant such written permission.

2. Storage on Piers: Boat Owner shall keep the pier adjacent to his berth clean and litter free and nothing shall be store thereon unless the Boat Owner has received the prior written consent of the Yard. The Boat Owner shall not construct nor cause or suffer to be constructed, erected or placed, any lockers chest, steps, etc… or similar structures except with the prior written consent of the Boat Yard.

3. Sleeping on Boat: The boat slip in the Boat Yard shall not be used as a residence and the boat shall not be occupied as a residence or temporary residence without the prior written consent of the Boat Yard. The Boat Owner shall not hang wet laundry to dry so that it is visible to other vessels.

4. Pets: All pets must be kept on a leash at all time while on the premises. The Boat Yard reserves the right to require removal of any pets which are deemed to be disturbing the peace of the Yard or adjacent Boat Owners.

5. Toilet Facilities: Boat Owner hereby represents that the toilet facilities onboard meet all applicable regulations and that the Boat Owner shall indemnify and hold the Boat Yard harmless from any claim of violation arising out of the Boat Owners use of said facilities.

6. Mooring of the Boat: The Boat Owner shall insure that his boat is safely moored with lines adequate for weather condition, and acknowledges that the Yard is not responsible for the conduct, actions, acts or omissions of any persons including other Boat Owners or operators unless the activities of said persons are those of authorized Yard personnel. Notwithstanding the maneuver any vessel it deem in need of such action for the benefit of the health, safety and welfare of the persons or property of the Yard or other vessels on the premises.

7. Rowboats & Dinghies: All rowboats & dinghies must be stored onboard the vessel at night, or in designated areas, & if left in the water, are done so at the Boat Owners risk and liability. The Boat Yard specifically reserves the right to move or remove any such vessel left in the water overnight where the Yard deems such movement to be necessary and appropriate to allow the operation of the Yard and/or the movement of vessels or equipment.

8. Seaworthiness of Vessels: Boats shall be maintained in a seaworthy condition & shall not constitute a fire hazard in or out of the water. If they are deemed to be such, the Yard reserves the right to remove the vessel from the Boa5t Yard at the Boat Owner's expense. Any boat which may sink in the Boat Yard shall be removed at the Boat Owner's expense and the Owner shall be responsible for any fine imposed because of the vessel's sinking.

9. Maintenance: The Boat Owner hereby agrees that the Boat Yard shall perform all repairs & maintenance except minor routine maintenance or work done by the Boat Owner himself throughout the period of this agreement. No outside contractors shall be permitted on the premises without the prior written consent of the Boat Yard.

10. Hazardous Activities: Fires, welding and burning by Boat Owners is strictly forbidden on vessels, docks, piers and anywhere in the Boat Yard except for Bar-B-Qs which are permitted in a designated area.

11. Utilities: The rental fee for the berth includes the moderate use of electric and fresh water. All hoses must have automatic stop nozzles. The Boat Yard reserves the right to make extra charges for excessive use of electric.

12. Maintenance of the Boat Yard: Boat Owners shall immediately notify the Boat Yard of the necessity of repairs to piers or of any dangerous condition requiring attention. Boat Owners shall not alter piers of berthing fingers in anyway without the written permission of the Boat Yard.

13. Non-Assignable: It is understood & agreed that this Contract is non-assignable. Early removal of the vessel shall not entitle the Boat Owner to any rebate or reduction in slip charges. Dock space is only for the Boat described herein. Boat Owner may not sublet, lend or authorize any other vessel to utilize the berthing space leased hereunder. If the Boat Owner sells the Boat, the new owner has no claim the Slip. Boat Owner agrees to notify the Boat Yard of periods during which the Boat Owner shall remove the vessel from the slip. The Boat Yard shall be entitled to moor other vessels in the slip during times of Boat Owner's absence and any charges made for such mooring of other vessels shall be the property of the Boat Yard and not the Boat Owner.

14. No: Swimming or fishing from docks or piers and no loud noise is permitted.

15. Waiver of Terms & Conditions: No failure of the Boat Yard or its employees to enforce any of the terms & conditions herein is or shall be considered to be a waiver of such terms or conditions.

16. If the Boat Owner violates any term of this Contract, the Boat Yard may terminate this contract and it shall cease as if it were the expiration of the original term thereof, in writing signed by the parties hereto, occupation & use of the leased berthing slip and to vacate the same in good condition, wear & tear occasioned by normal use only excepted. Boat Owner shall indemnify Boat Yard against all claims, actions, proceedings, damages and liabilities, including attorney's fees arising from or connected with Boat Owner's possession and use of the berth.

17. Oil & Fuel Spills: Due to D.E.C. and E.P.A. Regulations, the Boat Yard must report all spills to the proper authorities. Boat Owners shall be responsible for all fines, fees and cost of clean-up.

SECTION FOUR: Boat Owner acknowledges that he has inspected the berthing space leased herein and is satisfied that the slip space is adequate for safe mooring of the vessel. This contract is not a bailment of the boat owner's boat but a lease of berthing space and the Boat Yard's liability is limited to supervision and maintenance of the water front area. Boat Yard's employees will make reasonable efforts to contact the Boat Owner and notify him of dangerous conditions requiring his attention but the Boat Yard assumes no responsibility for tending mooring lines or moving boats from berths from which they are assigned.

IN WITNESS THEREOF, the parties have executed this Bailment contract at East Hampton, N.Y. on day and year, first above written.

Boat Yard Owner_________________________________________________________________

Date: _______________ Boat Owner: ________________________________________________