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Process for SALE / TRADE OF MOORING RIGHTS
- Should the Owner of the mooring dispose of his YACHT but wish to retain his MOORING RIGHT he may do so provided that:
- he / she notifies the CLUB thereof in writing;
- he continues to pay the ANNUAL MOORING FEE attaching to his DESIGNATED SPACE; iii.in which event the CLUB shall be entitled to make use of the DESIGNATED SPACE in such manner as it pleases, including the right to delegate the use thereof for its benefit until the OWNER again requires its use for the mooring of his own YACHT.
- Should the OWNER dispose of his YACHT and wish to include the MOORING RIGHT in such disposal he may do so,provided that:
- he notifies the CLUB thereof in writing;
- the person who acquires his YACHT is an ORDINARY , REDUCED FEE or LIFE MEMBER of the CLUB or becomes a MEMBER of the CLUB within four (4) months of such acquisition or within such brief extended period as the CLUB may in its reasonable discretion decide;
- the person who acquires his YACHT agrees to be bound by all the terms and conditions of this agreement;
- in which event this agreement shall be endorsed by the CLUB to indicate that all the OWNER’S rights in terms hereof shall have passed to the person who so acquired the YACHT.
MOORING RIGHTS REGULATIONS
- Allocation of mooring rights (physical position): The allocation of all moorings is at the discretion of the general committee, with due regard to existing mooring agreements, and the intention to promote active sailing.
- Limitation of Mooring Rights: No member may enter into more than three (3) separate Mooring Rights Agreements at any one time without obtaining written permission from the General Committee.
- Exercise of mooring rights: The allocation of mooring rights shall only be to Ordinary or Honorary Life members, who shall enter into a written mooring rights agreement (At the discretion of the Committee such an agreement may be entered into in a representative capacity). Such a mooring right may be exercised by such a member by mooring a yacht not owned by the member, provided that:
- it is owned by a company or close corporation in which the member or members acting together has a majority interest, or an immediate family member of such a member, or a trustee of a trust of which the member or his immediate family members are beneficiaries; and
- such member will always remain liable for fees and charges relating to that mooring, and iii. the onus shall rest upon the responsible member or members acting together to prove to the satisfaction of the General Committee that such member, members acting together or such other legal entity contemplated in terms of sub-clause 3.2 above, has a bona fide majority interest in the yacht allocated to the designated mooring. The General Committee may in, within its entire discretion, call upon any supporting documentation which shall include, but not be limited to, the applicable deed of sale, partnership agreement, resolutions and or a confirming affidavit.
- Failure to enter into written mooring rights agreement: Any person who fails to enter into a written mooring rights agreement within a period of four months of being called upon to do so, shall forfeit any right he might have, or had that has been transferred to another person during the four months period, without compensation or repayment of allocation fee.
- Insolvency of Member Holding Mooring Rights: In the event of the sequestration of a member holding the mooring right, his or her trustee shall have the same rights as an executor to sell and transfer the mooring right to another member, within a period of six months from the date of final sequestration, failing which the mooring right shall revert to the club, without compensation or repayment of the allocation fee.
- Duties of an owner: A vessel moored in terms of the mooring rights agreement must:
- at all times hold a valid and current Certificate of Fitness issued as required by SAMSA regulations where required and complies with the RCYC safety requirements; and
- sail from the harbour at least 5 times in any 12 month period.
- A vessel moored at the RCYC must hold a minimum of 3rd Party Insurance cover to the value of R2,000,000.00
- All vessels will be required to complete a signed declaration confirming such cover upon either;
- Arrival at RCYC (visiting/new vessels) or
- On entering into a Mooring Rights Agreement or
- Completion of the annual Certificate of Safety