MOORING LICENSE AGREEMENT

MOORING LICENSE AGREEMENT

The Beaufort Yacht & Sailing Club (BYSC) has secured permits from state and federal agencies for a mooring field. BYSC will license members in good standing to use a mooring upon the terms and conditions set forth herein and the member, by executing a copy of this Mooring License, agrees to abide by these terms and conditions.

1. 
   BYSC grants the undersigned member a non-assignable, revocable
   

2. 
   BYSC agrees to be responsible for the design, installation, repair and maintenance of the anchoring device, shackles, chain, and surface buoy at BYSC’s sole cost and expense.
   
3. 
   BYSC will not warranty the anchoring device, shackles, chain, or surface buoy and shall be held harmless for any damage to, or caused by, the member’s boat at any time.
   
4. 
   The member agrees to be responsible for all tackle attached to and between the surface buoy and the member’s vessel at the member’s sole cost and expense.
   
5. 
   The boat owner will be contacted in the event that wear or damage to the boat owner’s tackle is observed and the boat owner is required to take immediate action.
   
6. 
   The Licensee may use the tender between the dock and the member’s boat. The tender must not be taken outside the mooring field. If the tender is tied to a member’s boat, it must be visible from the main dock. The boater using the tender must periodically make themselves visible so another member can signal them to return to the dock. The boater should also monitor VHF channel 16 in order to be contacted.
   
7. 
   The member, by signing this agreement, shall indemnify and hold harmless Beaufort Yacht & Sailing Club from all liability, including but not limited to personal injury and/or property damages arising out of his/her use and enjoyment of the mooring.
   
8. 
   The license granted herein shall be revoked and of no further force or effect on the happening of any of the following events:
   

1. 
   The member ceases to be a member in good standing of BYSC.
   

2. 
   The member fails to give proof on an annual basis that the
   

3. 
   The member fails to remit within thirty (30) days after notice, the
   

4. 
   The member fails to execute a copy of this Mooring License within
   

9. 
   The mooring license granted herein is not transferable or assignable by
   

10. 
    If a member vacates the mooring for an extended period
    

11. 
    The member shall not ‘live aboard’ the vessel assigned to
    

12. 
    The Mooring Committee reserves the right to reject
    

13. 
    The Mooring Committee may require the member to vacate the mooring or
    

1. 
   The boat not being in operating condition or maintained in
   

2. 
   an approaching named storm.
   
3. 
   needed maintenance of the ground tackle.
   
4. 
   non-payment of dues or fees.
   

14. 
    BYSC reserves the sole right from time to time and at any
    

15. 
    
    atically be extended from year to year on the anniversary hereof, on the

    .

    other than the member’s dinghy, will occupy the mooring except as ion #8 above.

    
    
    wishes to store a dinghy on club property, the storage will be in ent boat and trailer storage policy and rate structure i.e. an 8’ pram

    on a rack, while motorboats on trailers must be stored in allotted spaces. cribing below agrees to abide by the terms and conditions set forth

    
    Annual fee schedule for 2015 Shallow near shore moorings $1200 All other moorings $1440

    nd seals this ____ day of ________________^December 20____,¹⁴ at Beaufort, & SAILING CLUB

    ________________________ BYSC
    ____________________________Member
    Provided the member shall be in compliance with the terms and conditions
    

16. 
    No other vessel, other than the member’s dingy, will occupy the mooring
    

17. 
    If the license holder wishes to store a dingy on club property, the storage
    

18. 
    The maximum length for use of the mooring shall not exceed 50 feet
    

19. 
    The member by subscribing below agrees to abide by the terms and
    

Annual fee Schedule

Shallow near shore moorings $1,200

All other moorings $1,440

1. 
   The BYSC boat parking facilities are for BYSC members only. Parking of boats, trailers, or equipment is solely at the member’s risk. BYSC is not responsible for any damages to boats, trailers, or equipment. Boat owners are required to maintain their own liability insurance on boats and trailers.
   
2. 
   All boats (power, sail, paddle, and other) must have a visible BYSC sticker. BYSC will issue stickers that will be placed on the stern of the boat and on the tongue of the trailer.
   
3. 
   Unless there is an emergency, only BYSC staff, or designee, has permission to move boats.
   
4. 
   Boats must be maintained and in usable condition.
   
5. 
   All trailers must be in usable condition with a functioning 3rd wheel.
   
6. 
   Trailer tongues can only be locked in the open position (if locked at all).
   
7. 
   BYSC will assign parking spaces and boats/trailers can only park in designated spots. Designated markings will mark where the tongue of the trailer will be positioned. Parking spaces are non-transferable.
   
8. 
   If someone is parked in your space, or if you are bringing your boat to the club for the first time, please park by the swimming pool until we can resolve the issue.
   
9. 
   Parking spots will be retained from year to year as long as the terms of this agreement are observed.
   
10. 
    Once all spots are filled, a waiting list for each parking space (by size/type) will be started. When spots become available, they will be filled from the waiting list.
    
11. 
    Small sailing vessels such as Optimist, Sunfish, paddle boards, crew boats and kayaks must be stored on racks. If rack space is not available, these vessels may be stored on dollies or trailers.
    
12. 
    When a boat is in the water, the owner will park the car/trailer/dolly in a location that does not interfere with other boater's access.
    
13. 
    Concerns regarding parking and storage will be addressed by the General Manager.
    

The Owner shall pay the storage fees as follows:

• 
  This agreement shall be on an annual basis from Jan 1 to Dec 31. Rates are not prorated.
  
• 
  The Club may terminate this agreement upon fifteen (15) days notice to the Owner if the Owner fails to pay the fee by March 31st. As an alternative, an Owner may make payments through our automatic payment plan (ACH).
  
• 
  The Owner shall indemnify the Club against all claims, actions, proceedings, damages and liabilities, including attorney's fees, arising from or connected with the Owner's possession and use of the storage space.
  

This Agreement applies to the following boats and/ or trailers: OFFICE USE

This rental agreement is between the Beaufort Yacht & Sailing Club, Inc., of Beaufort, South Carolina, hereinafter referred to as the "Club," and _____________________________ hereinafter referred to as the "Owner." The Club hereby leases to the Owner, and the Owner hereby leases from the Club that certain parking space or boat rack located in the boat storage area of the Club property.

BYSC maintains a fleet of boats, paddle, sail, and motor powered, to encourage recreational boating and competitive sailing, making it possible for those members without their own boats to participate in boating activities.

1. 
   To use a club boat, a member must demonstrate proficiency and be on the approved list which is maintained by the management of the club.
   

2. 
   When the demand for club boats exceeds the supply, those who have
   

3. 
   Members shall be present on the property at all times that their guests are
   

4. 
   An appropriate personal flotation device must be aboard at all times. Close
   

5. 
   Boats may be used only between sunrise and sunset.
   

6. 
   Except for regattas, boats may be used only between the Woods and
   

7. 
   Members using club boats may not in any way personalize the boats with
   

8. 
   Members may not take boats on the water alone. There must be at least
   

9. 
   Members must sign in the log book when they use or return boats, even if
   

10. 
    Members are responsible for any damage to the boats while in their
    

11. 
    Normal wear and tear is not considered damage. The difference will be
    

12. 
    Members should inspect boats prior to using the boats to identify any
    

13. 
    Members shall rinse all equipment used prior to putting the equipment
    

14. 
    Any member who does not follow this boat use policy will receive a written
    

In addition to the General Boat Policies listed above, the following Policies will be observed for club power boats.

1. 
   Club power boats are to be used only by staff, Race Committee, mooring
   

2. 
   Mooring tender boats are subject to the mooring lease contract.
   

In addition to the General Boat Policies listed above, the following Policies will be observed for club sailboats.

1. 
   Members wishing to use a club sailboat for a regatta or club series must
   

2. 
   Members may reserve a boat for a regatta or an entire club series from one week to one month out from the date of the event. Members who use a boat for a regatta or series will be at the bottom of the reservation list for the next regatta or series.
   

3. 
   BYSC is under no obligation to insure that a particular boat will be race
   

4. 
   Members should keep boat sets together i.e. use boat #1 with rudder #1,
   

5. 
   Members who are qualified (are active in club racing) may take club boats
   

6. 
   Members taking boats to out of town regattas may load them on trailers or
   

7. 
   Club boats may leave the club only in order to attend a regatta at another
   

8. 
   Use of a club trailer for out of town regattas will be on a first come first
   

when on court.

2. 
   When people are waiting, limit play to two sets.
   

3. 
   Each member must register at the courts with their guests and must accompany guests at all times. Guests’ fees are $3. Fees will be billed to member.
   

4. 
   No member shall bring the same guest to the club more than 3 times per month regardless of the facility used at the club. Exceptions may be made for visiting family members of members, such as parents, children or grandchildren who may visit the club no more than 12 times per year.
   

5. 
   Hang up rollers and brooms after use.
   

6. 
   An approved instructor is one that has applied to the tennis committee chairman, has been approved and briefed by the tennis committee chairman or club manager on rules, policies, & fee requirements.
   

6. 
   The instructor must provide an indemnity agreement for themselves and any non-members playing at the club. 
   

A. Clubhouse Rental

1. 
   Rentals shall not take place when significant BYSC activities are
   

2. 
   Clubhouse can be rented for private exclusive events Monday-
   

3. 
   Saturday and Sunday rentals will be allowed no more than once a
   

4. 
   Rental arrangements must be made 14 days in advance for
   

5. 
   All bookings will be a first-come, first-served basis with BYSC
   

6. 
   A member must be current in the payment of dues,
   

7. 
   Member rates are applicable only when the rental is specifically
   

1. 
   No one party, event, or member is allowed to have more than 16 adult guests. The presence of 2 members does not double this number allowed. Any larger gathering must be treated as a rental.
   

2. 
   Please be prepared to share the clubhouse and property with other members and guests. Although we hope members will be sensitive to each other’s events, any attempt to “take over” an entire area will not be allowed.
   

(3) Amplified music must be kept at a low volume.

3. 
   Civic organizations, business meetings, etc, hosted by a BYSC
   

4. 
   You must clean up after your event. This includes taking the
   

5. 
   A member must be present during all casual use functions.
   

6. 
   Clubhouse access cards are available free to our members.
   

A. All potential donations are to be presented in writing to the Board of Directors

for approval.

2. 
   The donation may be funds, material or bequests. If plants or trees are donated, BYSC cannot be responsible for their continued health.
   

2. 
   The donations can be presented toward a specific capital project, general
   

(1) Announcement of the donation in the Bow Watch.

(2) Listing on a plaque to be displayed in a prominent place in the

clubhouse.

Gold Level Donation over $10,000

Silver Level Donation between $5,000 and $10,000

Bronze Level Donation between $1,000 and $5,000

gratefully accepted and the donor’s wishes will be respected.

7. 
   Previous donations at the above levels will be recognized. Please send
   

7. 
   Donations to the Beaufort Yacht & Sailing Club are not tax deductible.
   

ARTICLE TWO: The name of said Corporation shall be Beaufort Yacht & Sailing Club, Inc. and its location shall be on Lady's Island, Beaufort County, South Carolina.

The principal duties of the Chairman of the Board shall be to preside at all meetings of the Board of Directors, and to have general supervision of the affairs of the Corporation.

The principal duties of the Commodore shall be to discharge the duties of the Chairman of the Board in the event of his/her absence or disability, to be responsible for the day to day operations of the Club and such other duties as shall be delegated by the Chairman of the Board.

The principal duties of the Vice Commodore shall include responsibility for the social aspects of the club and such other duties as shall be delegated by the Commodore.

The principal duties of the Secretary shall be to countersign all deeds, leases and conveyances executed by the Corporation, to affix the seal of the Corporation thereto, and to such other papers as shall be required or directed to be sealed and to keep a record of the proceedings of the Board of Directors, and to assure the safe and systematic keeping of all books, papers, records and documents belonging to the Corporation pertaining to the business thereof.

The principal duties of the Treasurer shall be to keep and account for all monies, credits and property of any and every nature of the Corporation that shall come into its hands, to keep an accurate account of all monies disbursed, and to render such accounts, statements and inventories of monies received and disbursed, and of money and property on hand, and generally of all matters pertaining to this Office, as shall be regularly required by the Board of Directors.

The Offices of Secretary and Treasurer may be held by the same person.
ARTICLE SIX: The Board of Directors shall be stockholding members. They may provide for the appointment of such additional Officers as they may deem in the best interest of the Corporation.
ARTICLE SEVEN: The capital stock of the Corporation shall be $175,000, consisting of 1,750 shares of common stock at a par value of $100 per share.
ARTICLE EIGHT: These articles may be amended by resolution in writing, setting forth the proposed amendments to be adopted, by a majority vote of all of the stockholders of the said Corporation at a duly called meeting of the stockholders. A copy of the proposed amendment resolution shall be included in the notice for such meeting.
Amended 10.27.16


BYLAWS OF THE BEAUFORT YACHT & SAILING CLUB, INC.
ARTICLE I

MEMBERSHIP

1. 
   Member in good standing: A member shall be defined as a person, or persons in the case of a member
   

2. 
   Stockholding Members: A member who owns at least five shares of stock in the Club. Only
   

3. 
   Non-Stockholding Member: A member who does not own stock in the Beaufort Yacht & Sailing Club. All prospective members of the club shall apply for the Non-Stockholding Membership.
   

Section 2: Communication Methods: Reference to the words “mail” or “mailing” refers to the following acceptable

means of communication to or from the Beaufort Yacht & Sailing Club and/or its Board of Directors:

1. 
   First-class mail.
   
2. 
   Electronic communication, including e-mail, fax or any other means permitted by law.
   

The membership of the Club shall consist of such membership types and numbers as the Board of Directors shall establish.

Members may purchase stock only from the Club. No membership shall be entitled to purchase more than five (5) shares of stock.

A Stockholding Member desiring to sell his/her stock in the Club must submit in writing to the Secretary of the Club the intent to sell the stock back to the Club. The Club will repurchase the stock within 60 days at the same price as the stock was purchased.

Should any Stockholding Member fail to pay dues for any reason for two consecutive years, the Club shall have the option to purchase the stock of the said Stockholding Member at the same price as the stock was purchased.

MEETINGS OF MEMBERS

The Club shall hold members’ meetings in the fall and in the spring with the following dates and agendas:

1. 
   FALL MEMBERS’ MEETING is to be held the last Thursday in October with the primary purposes being to:
   

1. 
   Elect new members to the Board of Directors.
   
2. 
   Provide a financial review of the club’s yearly operations to date and projected to the end of the year.
   

3. 
   Discuss and vote on current issues requiring a vote of the Stockholding Members.
   
4. 
   Address other items at the discretion of the Board or the Chairman.
   

2. 
   SPRING MEMBERS’ MEETING is to be held the last Thursday in February with the primary purposes being to:
   

1. 
   Provide a final financial review of the clubs previous year’s operations.
   
2. 
   Discuss and vote on current issues requiring a vote of the Stockholding Members.
   
3. 
   Address other items at the discretion of the Board or the Chairman.
   

3. 
   Notice of the Fall and Spring Meetings shall be sent to each member at least 10 days in advance of each meeting and shall include financial statements and voting issues to be addressed at the meeting.
   

Twenty-five percent of the Stockholding Members shall constitute a quorum for the transaction of any and all business, except amending the Constitution (Article Eight) and Bylaws (Article VII).

Stockholding Members shall be permitted to vote by written and signed proxy at any meeting of the members.

Twenty Stockholding Members may call a special meeting of the Club by posting an announcement of the meeting over their own signatures on the Bulletin Board at the Clubhouse or on the Club website and by mailing a notice to all members. Special meetings of the Club may be called by the Board of Directors or by the Chairman. Ten days notice of all meetings shall be given to the members of the Club. Notices of all special meetings of the Club shall state the purpose for which such special meeting is called, and at special meetings of the Club no business shall be transacted except what has been included in the notice of call for such meetings.

THE BOARD OF DIRECTORS

1. 
   The Board of Directors shall consist of 12 members, each of whom shall be elected for a term of three
   

2. 
   Directors must be Stockholding Members.
   
3. 
   Each year four members of the Board of Directors shall be elected at the Fall Members’ Meeting to replace the four who have completed their terms. Board members may be re-elected.
   
4. 
   The Board of Directors shall propose a slate of nominations for Directors at the Fall Members’ Meeting but nominations may also be proposed by any Stockholding Member prior to, or at, the Fall Members’ Meeting.
   
5. 
   Terms of the members of the Board of Directors shall begin upon their election at the Fall Members’ Meeting and end after their three year term expires and/or they are no longer on the Board.
   
6. 
   The Officers of the Club shall be elected by the new Board of Directors in a Special Executive Session Board Meeting held on a date between the Fall Members’ Meeting and the end of the November Board Meeting.
   
7. 
   The Officers of the Club who are not Directors shall be ex-officio members of the Board with full Director’s responsibility but without voting authority, except for an ex-officio Chairman who will be entitled to vote to break a tie.
   
8. 
   Only one spouse may be a Stockholding Member for voting purposes.
   

Meetings of the Board of Directors may be called at any time by the Chairman or seven members of the Board upon 24 hours’ notice to all members in good standing and such meetings may be held at the Clubhouse or at such place as may be determined by the Directors.

At a duly called meeting, seven or more members of the Board of Directors present shall constitute a quorum to transact business. Directors may vote by proxy by providing such proxy is in writing to another Director.

1. 
   To elect all Officers and to appoint such committees as it shall deem necessary for the proper administration of the affairs of the Club, and to fix the duration and powers of such committees. The following committees shall be formed as a minimum:
   

• 
  Finance
  
• 
  Racing
  
• 
  Social
  
• 
  Building and Grounds
  
• 
  Membership
  
• 
  Nominating
  

c. To fix the amount and times of payment of initiation fees and dues and assessments for the various classes of members, and as it shall deem expedient or necessary, to alter the amounts and the time or times of payments.

4. 
   To levy assessments upon the members of the Club. Assessments may be levied by the affirmative vote of at least eight members of the Board of Directors. Any assessment charge to a member is limited to once per calendar year and shall not exceed 15 percent of the current member annual dues.
   
5. 
   To terminate the membership of any Club member for non-payment of dues, assessments or any other indebtedness, or for any misconduct. The Board of Directors shall judge what constitutes misconduct.
   

g. To admit guests to the Club under such regulations as may be provided.

h. To appoint and dismiss all employees.

i. To fix and remit penalties for the violation of the Bylaws or policies.

j. To call special meetings for the purpose of considering specific subjects.

k. To have charge of all property, effects and assets of the Club.

l. To impose such rules regarding the use of the Clubhouse and sports facilities of the Club by members and

guests as the Board may from time to time deem advisable, consistent with the Bylaws.

m. To do everything necessary or advisable in the opinion of the Board, and not clearly inconsistent with the

Bylaws, in connection with the control of the property, funds and affairs of the Club.

The Board of Directors, by a vote of eight members of the Board, is given the authority to:

1. 
   Incur total indebtedness up to a maximum of 50 percent of the previous three years’ average annual revenue. Any additional increases must be approved by a majority vote of the Stockholding Members.
   

c. Designate the proper Officials(s) of the Club to execute the said notes, mortgages and bills of sale

consistent with the Constitution and Bylaws.
Section 7:

The Board of Directors, by a vote of seven members of the Board, may enter into any contract for, and on behalf of, the Club, which may be deemed essential and necessary to the operations of the Club.

It is required that each member of the Board of Directors attend at least seven Board meetings during any 12 month

period. Any Board Member not complying may be dismissed and the Board may appoint a replacement for the

remainder of the dismissed member’s term.

ARTICLE IV

STEERING COMMITTEE

FISCAL YEAR

CONSTRUCTION OF BY-LAWS

AMENDMENT TO BY-LAWS