Bahia Beach & Boat ClubRULES & REGULATIONS Effective April 1, 2025

To maintain the high standards of Bahia Beach & Boat Club, we’ve established clear guidelines for a safe, welcoming, and enjoyable environment for all members while preserving the integrity of our community.

1. SLIP LICENSE AGREEMENT, SLIP FEES, REGISTRATION & INSURANCE

1.1 ALL VESSELS berthed at the Bahia Resort Hotel Marina ("Marina") must have a valid Slip Agreement on file at the Marina o?ice. The licensee(s) under the Slip Agreement must be the vessel's registered owner(s) ("Licensee").

1.2 SLIP FEES. Slip fees are due on the first of each month.

1.3 LATE FEES AND OTHER CHARGES. Slip fees must be paid by ACH. Slip fees will be considered late if the ACH is not successfully completed by the 5th of each month. Late payments will incur a late fee of 10% of the total monthly charges, including monthly slip fees and any penalties imposed pursuant to the Slip Agreement and/or these Rules & Regulations. Balances not paid within 30 days will accrue interest at 1.5% per month. If the ACH is rejected or fails for any reason whatsoever, Licensee shall pay Marina a processing fee of $25 in addition to any applicable late fees and interest.

1.4 FEE STRUCTURE. Slip fees shall be calculated based on the overall length of the vessel including but not limited to swim steps, boarding steps, davits, floats, anchors, outdrives, rudders, pulpits, bowsprits, bumpkins, dinghies and any other matter extending beyond the hull length of the vessel or slip, or the length of the slip, whichever is longer. All vessels are subject to measurement by the Marina at any time without notice, and the slip fee may be re-calculated based upon the then-current vessel measurement. Marina may board the vessel during regular business hours (Monday – Friday, 9:00 a.m. – 5:00 p.m.) to take measurements. If at any time it is determined that the length of the vessel is longer than specified by Licensee, the Marina may charge, and Licensee shall immediately upon demand pay the Marina, for any historical underpayment(s) occurring as a result of any incorrect representation as to the length of the vessel. If no verifiable modification date can be determined, retroactive fees may be assessed from the start date of the current slip agreement. As such, Licensee is required to immediately report any changes to the overall length of their vessel to Marina sta?. It is the Licensee’s responsibility to ensure that Marina management always has an accurate overall length of their vessel on file.

1.5 SECURITY DEPOSIT. Licensee agrees to pay to the Marina a deposit to secure the faithful performance of Licensee's obligations hereunder in an amount set forth in the Slip Agreement. In addition to all remedies that Marina may have under the Slip Agreement and these Rules and Regulations, Marina may at its sole option and judgment apply the Security Deposit to: (a) remedy Licensee's default in payment of slip fees or other fees owed to the Marina; (b) repair damage to Marina property caused by Licensee's or Licensee's family, guests, agents or other invitees; (c) remove any debris on the berth/mooring/storage space resulting from Licensee or Licensee’s family, guests, agents, or other invitees upon the conclusion of Licensee’s tenancy; and (d) for any other purpose set forth in the Slip Agreement or these Rules and Regulations, or for any other purpose permitted by applicable law. In the event the Security Deposit or any portion thereof is applied as provided herein, Licensee agrees to deposit with the Marina, within ten (10) calendar days after written demand from Marina, an amount su?icient to restore the Security Deposit to its original sum. If the amount of the monthly slip fee is increased during any Term of the Agreement, Licensee agrees to pay such additional sums as will cause the Security Deposit to equal the full amount required by the Slip Agreement or these Rules and Regulations. All Security Deposits are fully earned at the time of payment to Marina. Upon termination of the Slip Agreement, any remaining portion of said Security Deposit will be returned to Licensee within 21 days following the date the Marina has regained possession of the berth/mooring/storage space and is able to determine the amount of any refund due to Licensee. Licensee may not use any portion of the Security Deposit as payment of the last month's slip fees. Marina shall have the right to combine said Security Deposit with other funds of the Marina. Marina shall not be obligated to, and shall not, pay interest on the Security Deposit.

1.6 IMPOUND AND LIEN PROCESSING. A vessel is subject to impound if an account is delinquent on the 20th day of the month in which slip fees were due. The lien process will commence if the account is still delinquent on the 1st of the month following the month in which rent was due and unpaid. Licensee shall be liable for any cost of impounding, lien processing, collection, attorneys’ fees, court costs, and filing fees.

1.7 LIEN AGAINST AND RIGHT TO CHAIN VESSEL. Licensee understands the maritime law provides a vessel may be arrested by the U.S. Marshal to satisfy a maritime lien arising from the provision of maritime "necessaries," including wharfage services. Licensee specifically agrees that Licensee’s vessel is subject to impound if Licensee’s account is delinquent on the 20th day of the month in which slip fees were due. If Licensee’s account is still delinquent on the 1st of the month following the month in which rent was due and unpaid or if the Licensee in Marina's sole opinion has abandoned the vessel, the Marina shall become entitled, without providing advance notice, to chain the vessel to the slip where she lies, otherwise disable her, and/or move the vessel to any other location in the water or on land and chain the vessel at her new location. Licensee specifically agrees that if the Marina elects to move, chain or otherwise disable the vessel as herein provided, Licensee shall indemnify, defend and hold the Marina harmless from and against all liability arising from or in any way connected with the chaining, disablement, or movement of the vessel. Licensee shall in such event remain liable for the full amount of the monthly fees as they become due, notwithstanding the vessel has been moved and/or chained or disabled. Marina shall not be liable for any damage to the vessel as a result of the chaining, disablement, or movement of the vessel.

1.8 REGISTRATION. At all times, proof of current vessel registration must be on file with Marina management. Licensee must submit proof of current vessel registration upon each renewal. Failure to comply with this section will result in a non-reimbursable fine of $125 per month until Licensee submits proof of current vessel registration. Licensee must submit proof of registration by email to boatdocs@bahiahotel.com. Physical copies dropped o? at the Bahia Resort Hotel ("Hotel") Security O?ice or sent by mail to Marina Management will no longer be accepted. 1.9 INSURANCE. At all times, proof of current insurance coverage that complies with Section 7.M of the Slip Agreement must be on file with Marina management. Failure to comply with this section will result in a non-reimbursable fine of $125 per month until Licensee submits proof of current insurance coverage. The fine does not provide Licensee or vessel with insurance coverage. Proof of insurance shall be submitted in the manner set forth in Section 1.8 above. 1.10 Licensee shall instruct its brokers and underwriters to immediately inform Marina in writing in the event the coverage under any policy concerning Licensee’s vessel is modified, terminated, or will not be renewed.

1.11 COMPLIANCE WITH AGREEMENT AND LAWS. Licensee shall comply with the terms of the Slip Agreement, these Rules and Regulations, and all applicable law, including but not limited to statutes, regulations, ordinances and other requirements of the United States Coast Guard, the City of San Diego, the California State Water Resources Control Board, and other government entities and regulatory agencies. If Licensee fails to comply, as determined by Marina in its sole discretion, Marina shall provide Licensee written notice of all violations and Marina shall have the option, as determined by Marina in its sole discretion, to immediately remove the vessel from the Marina. Licensee shall be responsible for all costs associated with the removal of the vessel from the Marina, including but not limited to storage or wharfage fees incurred in relocating the vessel. Marina shall not be liable for any damage caused to the vessel or its contents in connection with its removal from the Marina pursuant to this section. Licensee shall indemnify, defend, and hold harmless Marina from any federal, state, or local government agency or regulatory agency lawsuit, charge, fine, levy, assessment or other liability assessed as a result of Licensee’s failure to comply with the Rules and Regulations, the Slip Agreement, or Federal, State or local governmental law, ordinances or regulations.

2. VESSEL SALE

2.1 AUTOMATIC TERMINATION OF AGREEMENT UPON VESSEL SALE. If Licensee elects to sell or transfer their vessel, Licensee shall inform all prospective buyers, transferees, and involved brokers that Licensee’s Slip Agreement shall automatically and immediately terminate upon the sale or transfer of the vessel, and that the vessel must (except as otherwise provided herein) vacate the Marina prior to or simultaneous with the new owner assuming ownership rights. Licensee must accompany potential buyers, transferees, and involved brokers at all times when viewing the vessel at the Marina.

2.2 NEW OWNER SUBMISSION OF APPLICATION FOR SLIP. If a prospective buyer or transferee of the vessel wishes to keep the vessel at the Marina, the prospective buyer or transferee must complete an application for Marina’s review and approval, which approval may be withheld in Marina’s sole discretion, and submit the application to the Marina at least ten (10) calendar days prior to the e?ective date of the sale or transfer. If Marina approves the prospective buyer’s or transferee’s application, the Marina may charge the prospective buyer or transferee a slip transfer fee. 2.3 FAILURE OF VESSEL TO VACATE FOLLOWING SALE. If Licensee sells or transfers the vessel, and the vessel does not vacate the Marina prior to or at the time of such sale or transfer, and the buyer or transferee fails to apply for a slip, or if their application for a slip is not approved by the Marina, the vessel shall be regarded for all purposes as a trespasser and Licensee shall remain liable for the payment of slip fees at the Marina's then current guest or transient rate, and shall pay all legal expenses incurred by the Marina in connection with e?orts to compel the vessel to vacate the Marina, including actual attorneys’ fees and costs.

2.4 LICENSEE TENDER OF TERMINATION NOTICE. If Licensee sells or transfers the vessel, Licensee shall provide Marina with 30 days’ written notice of the termination of the Slip Agreement. Licensee shall remain responsible for paying fees due under the Slip Agreement and these Rules and Regulations until the termination of the Slip Agreement or the date the vessel vacates the Marina, whichever is later. If the buyer or transferee plans to access the vessel at the Marina on a temporary basis for inspections, sea trials, or other similar activities, the buyer or transferee must be added as an insured under the original Licensee’s insurance policy.

3. DOCKS, SLIPS & USE

3.1 SLIP ASSIGNMENT may be changed at any time by Marina management in its sole discretion. Licensee may only use their assigned slip; use of any other slip at any time is prohibited. 3.2 VESSEL POSITIONING All vessels are required to be docked stern-to unless prior written authorization is obtained from Marina Management. This policy is implemented to ensure uniformity, facilitate access, and enhance safety within the Marina. Licensees must secure their vessels appropriately in this position to prevent any damage to docks or neighboring vessels. Failure to comply will result in a fine of $50 per day until the vessel is repositioned in accordance with this requirement. Repeated violations may result in additional corrective actions, including but not limited to, written warnings, relocation of the vessel at the Licensee’s expense, and, in the case of continued noncompliance, termination of the Slip Agreement. Any exceptions to this requirement must be approved in writing by the Marina Management in advance and may be subject to additional conditions or fees.

3.3 BOAT SPEED throughout the Marina is "DEAD SLOW, NO WAKE." Licensee must obey the 5 MPH NO WAKE limit throughout the Mission Bay Park area, as posted.

3.4 LIVE-ABOARDS are prohibited. A vessel occupant shall be considered a live-aboard if they stay overnight: (a) more than three nights in any seven-day period, or (b) more than ten nights in any thirty-day period. Any presence aboard a vessel, a registered vehicle remaining on marina property, or a marina gate key card access log entry after 10:00 p.m. shall be considered an overnight stay. Extended stays beyond the permitted limits require prior written approval from Marina Management at least one week in advance. Failure to comply may result in penalties, including termination of the Slip Agreement and Marina's retention of the Security and Performance Deposit as liquidated damages.

3.5 NOT A STORAGE FACILITY. Licensee shall not store items on the Marina’s docks, piers, gangways, or common areas. All items, including but not limited to equipment, personal belongings, and supplies, must be stored aboard the vessel during use and removed from the Marina premises overnight. Temporary storage on docks, piers, gangways, and common areas is permitted during active loading or unloading, provided it does not obstruct access or create a safety hazard and Licensee clears the docks, piers, gangways, and common areas immediately upon the conclusion of any active loading or unloading.

3.6 ONBOARD STORAGE. All items stored aboard the vessel must be kept inside the cabin. Covering items or creating makeshift storage areas on the deck, such as using tents, tarps, or other concealments, is expressly prohibited. Stored items must also be directly related to the vessel's operation, maintenance, or enjoyment and align with what is commonly and frequently used by owners of similar vessels. Examples of permissible items include life jackets, tools, cleaning supplies, and fishing gear. Household furniture, appliances, or other non-marine-related items are not allowed. Any personal belongings, equipment, or supplies not meeting these criteria must be promptly removed from the Marina and cannot be stored overnight, either at the Bahia Marina or aboard the vessel. The determination of permissible items shall be at the sole and absolute discretion of Marina and/or Hotel management.

3.7 PERSONAL GEAR is not allowed to be stored or left on the headwalks or fingers at any time. Any gear, additional dock boxes, or related items found on the headwalks or fingers will be removed at Licensee's expense (minimum $75 disposal charge). Any items requiring special handling (e.g., batteries, paint, petroleum products, toxic chemicals) will subject Licensee to additional disposal charge(s). 3.8 CLEATS, BUMPERS, DOCKWELLS or any other fixtures are not permitted to be installed on or attached to the docks without the permission of Marina management. Any fixtures installed or attached without the permission of Marina management will be removed and any damages repaired at Licensee's expense.

3.9 BOARDING STEP. Only one boarding step may be used per vessel, and all boarding steps must be selected from the list of Marina management-approved makes and models. This list is available upon request. Boarding steps shall not exceed one-half the width of the dock finger to which the vessel is moored. The steps must be kept in good condition and be aesthetically pleasing. Storage under or within boarding steps is strictly prohibited.

3.10 TRANSIENT USE. Licensee is required to notify Marina Management, in writing, whenever their vessel is away from its assigned berth for more than three days. During such periods of absence, the Marina may, at its sole discretion and without notice, assign the slip to another vessel for transient berthing. In such cases, Licensee agrees that the Marina may utilize the slip without compensation, credit, or reimbursement to Licensee. Licensee remains responsible for the full payment of monthly slip fees regardless of the slip's temporary use for transient berthing. To ensure the assigned slip is available upon the vessel's return, Licensee must provide the Marina with at least forty-eight (48) hours' advance notice of the intended date and time of return.

3.11 DINGHIES, RUNABOUTS, OUTBOARDS, or any other craft tied o? are strictly prohibited unless expressly authorized in writing by Marina Management. In all cases where authorization is granted, the length of such craft will be included in the measurement used to calculate rent. Small vessels must remain free of standing water at all times. Nothing except required safety equipment may be stored in any dinghy or auxiliary watercraft located in the water. Furthermore, no vessel, dinghy, or other watercraft may be berthed at the Marina unless a current and valid Slip Agreement is in e?ect between the owner of such watercraft and the Marina. Floats are strictly prohibited within the Marina.

3.12 NO COMMERCIAL ACTIVITY of any kind is permitted. Commercial vessels are prohibited in the Marina without written permission of Marina management. Licensee’s Slip Agreement shall automatically and immediately terminate if the vessel is chartered without the express written permission of the Marina.

3.13 FUELING of vessels in the Marina is prohibited due to the fire hazard and risk of explosion. All fueling must be done only at fuel docks.

3.14 BOTTOM LINERS AND HYDRAULIC DRY DOCK LIFTS are prohibited in the Marina.

3.15 MARINA RIGHTS TO MOVE VESSEL DURING CONSTRUCTION RENOVATION, OTHER CONSTRUCTION. Licensee understands and agrees that in order to accomplish maintenance, replacement and/or improvements to the docks, ramps and other Marina components, from time to time it will be necessary to move the Vessel temporarily to a location other than the assigned Slip to another location designated by the Marina. During such periods it might be necessary to move the Vessel to a less desirable location, and/or to secure the Vessel to another vessel. In the event it becomes necessary or desirable to move Licensee’s Vessel during such work, Marina shall provide Owner notice. Within three (3) calendar days following Licensee’s receipt of such notice, which will be presumed three (3) days after mailing, Licensee shall either: (1) within the period specified in the notice move his or her Vessel to the space designated at the Marina; or (2) permit the Marina or its authorized agent to move the Vessel to the designated space, with actual costs to be borne by Licensee. Whether Licensee moves the Vessel or the Marina or its authorized agent does so, Licensee shall indemnify, protect, defend and hold Marina harmless from and against any and all actual or potential liability that might arise in connection with such movements. If Licensee elects not to move his Vessel or fails to do so within the period specified in the notice, Marina and/or its designated agent shall be permitted to do so, without further notice to Licensee. Licensee understands that in order to best accommodate the numerous vessel owners with vessels at the Marina, it will be necessary during the course of such work to temporarily locate Licensee’s Vessel to another place at the Marina, and that during such period the Vessel might be side-tied to a wharf or rafted together with another vessel or vessels, and that as a result the Vessel might not be readily accessible during the temporary period of relocation. Licensee agrees to indemnify, protect and defend Marina from and against all actual or potential liability arising or potentially arising as a result of the relocation, side-tying or rafting of the Vessel with other vessels. Licensee further agrees that, in the event his/her Vessel is not readily accessible, he/she shall contact the Marina O?ice at least 24 hours in advance of intended use to obtain assistance in gaining access.

4. MAINTENANCE

4.1 OPERATION. All vessels require examination and approval by Marina Management prior to the execution of any slip license agreement. Vessels are to be maintained in good mechanical condition at all times. Vessels not in good condition, as determined at the sole discretion of the Marina, will not be admitted to or permitted to remain in the Marina. All engine-equipped vessels must be operable and capable of su?icient propulsion for safe maneuvering. Sailboats without engines must have serviceable sails, with standing and running rigging in good condition. A marine survey, conducted by an accredited marine surveyor, may be required at the discretion of the Marina at the Licensee’s expense any time prior to arrival or while the vessel remains in the Marina. Licensee shall submit proof of operability within 30 days of the Marina’s request.

4.2 APPEARANCE. All vessels must be maintained in a condition that upholds the Marina’s appearance standards. This includes regular cleaning, maintenance, and, when necessary, the replacement or repair of painted or varnished surfaces, brightwork, canvas covers, rigging, safety equipment, and other accessories. Varnished or coated surfaces must remain in good, non-deteriorated condition. All vessels and slips must be free from physical damage, debris, trash, or any materials that create an unsightly condition, and must always be kept in a clean, orderly, and well-maintained condition. All canvas casements must be in good condition and free of rips and tears. Determination of whether a vessel and/or slip meets the Marina’s appearance standards shall be at the sole discretion of the Marina.

4.2.1 DECORATIVE LIGHTING AND EXTERIOR DÉCOR: String lights, rope lights, holiday lights— including market lights, bistro lights, and any other semi-portable battery-operated, solarpowered, or plug-in lights – are permitted only during the month of December and must be removed no later than January 5th of the following year. Decorative lighting outside this timeframe is strictly prohibited. American-themed decorations are permitted from July 1st to July 7th, while all other decorative elements must comply with general restrictions. Exterior decorations –including but not limited to banners, signage, inflatables, artificial plants, wind spinners, and other non-nautical decorative elements – are not permitted at any time, except during the approved American-themed decoration period from July 1st to July 7th.

4.2.2 FLAGS: One properly mounted national flag (e.g., American flag, Canadian flag, etc.) is permitted, provided it does not exceed 3 feet by 5 feet in size. If a vessel is registered in a foreign country, the flag of that country may be flown as a courtesy flag in accordance with maritime tradition. Flags must be in good condition, free of excessive fading, fraying, or tearing. Political flags, advertising banners, or any other signage-based flags are strictly prohibited. Marina management reserves the right to require the immediate removal of any flag at its sole discretion.

4.2.3 HULL CLEANING: The vessel’s hull must be cleaned at least once every 45 days by Licensee or a professional diver with insurance satisfactory to Marina, including but not limited to general liability insurance with a minimum coverage limit of $500,000 per incident and, if the cleaner has employees, workers’ compensation insurance. Licensee shall maintain records of hull cleanings and make such records available to the Marina within 14 days of the Marina’s request. Hull cleaning is permitted in the Marina, however, only with non-abrasive materials, such as soft-pile carpet or equivalent, to minimize the release of antifouling paint into the water. Hull scraping, sanding, or any method that removes antifouling paint is strictly prohibited. All hull cleaning activities must comply with the Port of San Diego's In-Water Hull Cleaning Best Management Practices (BMPs) and any applicable local environmental regulations.

4.2.4 INSPECTION REQUIREMENT: Licensee must inspect the vessel at least once every 30 days to ensure it remains in good and safe condition, as required by these Rules and Regulations. 4.3 VESSELS determined to be in poor condition, such as those with peeling paint, damaged hulls, unserviceable rigging, excessive marine growth, or unsafe equipment, at the sole discretion of the Marina, may be denied entry or required to vacate the premises.

4.4 CONDUCT. We value the community atmosphere of the Marina and ask that all individuals conduct themselves accordingly. Disorderly or indecorous conduct that infringes on the quiet enjoyment of other Marina tenants, their guests, or Hotel guests; causes injury to persons; damages property; or harms the reputation of the Marina is strictly prohibited. Licensees are fully responsible for the conduct of their guests and shall defend and indemnify Marina and Hotel from and against all claims, losses, damages, and costs (including actual attorney's fees) arising out of or related to the conduct of their guests. Parties or large gatherings on the docks are not permitted without the prior written consent of the Marina. The activities and conduct of Licensees and their guests while on Marina property must be reasonable at all times and shall not interfere with the rights, comfort, or convenience of others. 4.5 NO MAJOR REPAIRS OR OVERHAULS permitted on vessels moored at the Marina without prior written approval from Marina management. The determination of what constitutes a major repair or overhaul is at the sole discretion of Marina management. Licensee must seek and obtain approval from Marina management regarding the scope of work and conditions before initiating any repairs or maintenance activities.

4.6 CONTRACTOR ACCESS TO MARINA IS RESTRICTED. All boat maintenance and repair contractors must be authorized by Marina management to perform services within the Marina. No outside contractors are allowed to work on weekends and/or holidays except for emergency repairs. Any work performed by contractors must be pursuant to a separate agreement between each contractor and Licensee. The Marina and its employees neither endorse nor are parties to any such agreements nor are in any way responsible for any such work, including without limitation any injuries to or damage caused by Licensee's contractor(s), and Licensee shall defend and indemnify Marina and Hotel from and against all claims, losses, damages, and costs (including actual attorney's fees) arising out of or related to such injuries or damage. Any contractor engaged by Licensee must provide Marina with a certificate of insurance naming Marina as an additional insured.

4.7 MAINTENANCE ACTIVITIES MUST BE CLEAN. Licensees are reminded that the marina is a recreational facility and not a boatyard or repair facility. Apart from minor "ordinary maintenance and repair," during which customary precautions must be taken to keep debris out of the water, no work involving the vessel may be accomplished while at the dock or otherwise on marina property. The Marina shall be the sole judge as to what constitutes "ordinary maintenance and repair." Prohibited work includes, but is not limited to, hull scraping, hull painting, engine repair, transmission repair, heavy sanding, use of paint remover, spray guns and/or the burning of paint on the topsides or above the decks. No work may be accomplished at the marina if it can result in sanding residue, petroleum products or anything else being deposited into the water. Light sanding is permitted only with a vacuum attached to the sander. Licensees are required to recover and dispose of all sanding dust. Absolutely no dust, sawdust, sandings, scrapings, paints, varnishes, oils, or related substances are permitted to be released into the water or air. All maintenance activity must be performed on board the vessel, not on the dock or shoreside. Additional federal, state, county and/or city ordinances may apply and Licensee may be subject to citations and fines.

4.8 PAINT, VARNISH, and related substances spilled on the docks, walkways, or storage lockers shall be cleaned up immediately by Licensee. Licensee is responsible for all cleaning and/or replacement costs that the Marina incurs due to Licensee's failure to comply with this.

5. DISCHARGES FROM VESSELS

5.1 DISCHARGE OF LIQUIDS. The discharge of any ballast water, bilge water, or wastewater contaminated with black water (sewage), crude petroleum, refined petroleum, engine oil, oily byproducts, garbage, food scraps, trash, waste materials, fuel, debris, or other hazardous substances is strictly prohibited. Licensees and operators must take all necessary precautions to ensure that no pollutants are released into the Marina's waters. The Marina reserves the right to inspect vessels at any time, with or without prior notice, to ensure compliance. Vessels equipped with automatic bilge pumps must be maintained to prevent the discharge of contaminants. The use of detergents or emulsifiers to address fuel or oil spills is strictly prohibited, as such substances increase environmental harm. Licensees are required to use oil-absorbing materials in vessel bilges and boat slips to minimize the risk of pollutants entering the water. In the event of an oil or contaminant discharge, Licensee must immediately notify Bahia Marina management, the U.S. Coast Guard, and any other authorities as required by applicable law. Licensees are responsible for promptly removing spilled substances from all a?ected areas, including water surfaces, pilings, and vessels. If professional cleanup services are required, Licensee must engage a certified pollution response company at their own expense. Violations of this policy may result in penalties, including removal of the vessel from the Marina, immediate termination of the Slip Agreement, and liability for any resulting environmental harm.

5.2 DISCHARGE OF HUMAN WASTE INTO HARBOR IS PROHIBTED. The discharge of human waste into harbor waters is strictly prohibited. Pump-out facilities are available at the Hyatt Regency Mission Bay and other locations within the harbor. Violators will be subject to eviction from the Marina. Additional federal, state, county, and/or city regulations may apply, and violators may face citations or fines.

5.3 BAHIA MARINA SANITATION DEVICE INSPECTION PROGRAM. All vessels equipped with heads or other permanent waste systems must have a properly functioning marine holding tank and are required to participate in the Bahia Marina Marine Sanitation Device Inspection Program (“BMSDIP”). Marina representatives may conduct inspections of these systems, including the placement of dye tablets into waste holding tanks, to verify compliance. Inspections will occur before a vessel is admitted to the Marina and will continue at random. Licensees must allow access for inspections and fully cooperate with testing procedures. Tampering with dye tablets, denying inspection access, or interfering with testing is prohibited. Violations of this policy may result in penalties, removal of the vessel from the Marina, immediate termination of the Slip Agreement, and liability for and resulting environmental harm.

5.4 EMPTYING AND/OR CLEANING OF PORTABLE HEADS. Emptying or cleaning portable heads (portapotties) in Marina restrooms is strictly prohibited. Violators will be evicted from the Marina and may face additional federal, state, county, and/or city citations or fines.

5.5 FEDERAL, STATE & LOCAL LAW GOVERNING DISCHARGE OF ANY MATERIAL. All federal, state, and local laws governing the discharge of any material into the water—including, but not limited to, oil, paint, fuel, toxic chemicals, residues, solid materials, oily bilge water, most "gray water," and sewage— will be strictly enforced. Violations carry significant fines and/or criminal penalties.

6. UTILITIES

6.1 ELECTRICAL SERVICE. All slips are provided with electrical service. Neither Licensee nor anyone acting on their behalf is permitted to alter electrical or other utility systems in any manner under any circumstances. Licensee may only employ licensed ABYC-certified marine electricians to perform work aboard their vessel and is strictly prohibited from employing anyone to work on marina property, including power pedestals. GFI protection may not be provided at the electrical pedestal. Licensee is solely responsible for ensuring GFI protection is in place when utilizing the provided electricity. Licensee agrees to use only ABYC-certified marine electricians for all electrical systems aboard the vessel. If the Marina determines that faults exist with Licensee’s shore power cord or vessel, power may be disconnected immediately at Licensee’s risk and will remain o? until necessary repairs are completed. Licensee must complete repairs within 48 hours and certify that the vessel has su?icient battery power or a generator to operate bilge pumps during the disconnection period. Licensee shall contact Marina Management with any questions about electrical service.

6.2 SHORE CORDS and adapters connected to the dockside power receptacle must be unmodified, weatherproof, comprised of three wires, grounded, and U.L. approved for marine use. All power cords, adapters, and plugs must meet these standards and must include acceptable grounding and weatherproofing in accordance with the National Electrical Code. Cords must be compatible with the amperage and receptacle configuration at the Licensee's assigned Slip and must be rated for either 30 amps or 50 amps as required. Household cords, including those rated for outdoor use, are strictly prohibited. Licensees must ensure that all divers servicing their vessel unplug the shore power connection while diving. Licensees must certify that their vessel is grounded and equipped with overcurrent protection compliant with American Boat and Yacht Council (“ABYC”) standards. Additionally, all shore power cords are subject to a five-year life cycle and must be replaced every five years to mitigate fire hazards and prevent damage to the Marina's electrical system. Only marine-rated, waterproof coupling rings are permitted for connecting shore cords. Shore power cords must be of a length appropriate for the distance between the vessel's power inlet and the dockside power pedestal, ensuring a safe and direct connection without unnecessary coiling. Excessively long cords that result in coiling are not permitted, and any excess cord must be neatly stored onboard the vessel, not on the dock or adjacent walkways. This requirement is intended to prevent tripping hazards, maintain safety, and uphold the Marina's commitment to cleanliness and professionalism.

6.3 WATER SERVICE is provided at each slip. All hoses must have automatic shut-o? nozzles and are allowed on docks only during active use or temporarily for filling freshwater tanks. When not in use, hoses must be immediately disconnected from the spigot, stored out of sight aboard the vessel or in a dock box, and must not be visible from the dock.

7. PARKING

7.1 NO PARKING Is permitted for more than 72 hours, three consecutive nights, without prior permission from Marina management. Storage of vehicles is not permitted. Sleeping overnight in any parked vehicle is not permitted. Violators will be towed at owners’ expense.

7.2 PARKING PASSES. One or two parking passes may be issued per slip. Parking passes must be displayed at all times when Licensee's vehicle is on Hotel property. Parking pass stickers must be a?ixed to the rear upper driver’s side of the windshield window, bottom right, and must remain permanently attached. Passes may not be detached, transferred, or altered in any way. Each parking pass requires a $100 deposit. If a replacement pass is needed, the original pass must be returned, or the deposit will be forfeited. Parking passes must be returned to Marina management immediately upon the termination of the Slip Agreement to receive a deposit refund. Violators will be towed at owners’ expense.

7.3 PARKING RESTRICTIONS AND LIMITATIONS. Parking is not permitted in front of any Hotel guestroom, pool area, security, or guest registration. Licensee must park in the south and west parking lots only and may only utilize such parking while actively on Hotel property or when on or en route to or from their vessel. Licensees and their guests may not leave hotel property while utilizing Hotel parking, except when departing by boat. Violators will be fined $50 per occurrence. Repeat o?enders will be towed at the owner’s expense. Vehicles must be operable, and neither Licensee nor their agents are permitted to perform vehicle maintenance in Hotel’s parking lot. Licensee’s use of Hotel’s parking lots is at Licensee’s own risk, and Hotel shall not be liable for loss or damage to any vehicle or other property of Licensee.

7.4 GUEST "DAY PASS" PARKING may be obtained from Hotel Security, subject to availability based on Hotel occupancy and other factors within Hotel's sole discretion. The licensee shall inquire about guest parking passes at least one week prior to the desired date of usen. Guest parking passes may only be utilized during times that guest is aboard Licensee's vessel. Overnight parking by Licensee's guests is prohibited.

7.5 PARKING FOR CONTRACTORS is not permitted on the premises at any time.

7.6 MARINA MANAGEMENT RESERVES THE RIGHT TO LIMIT LICENSEE AND/OR GUEST PARKING AT ANYTIME. Parking is a privilege and is not guaranteed as part of the Slip Agreement. Marina management reserves the right to modify, limit, or revoke parking privileges at any time at its sole discretion. Marina management also reserves the right to implement parking fees at any time.

8. KEYS

8.1 UP TO TWO KEYS will be issued per Slip Agreement. A $100 deposit is required for the first key, and a $50 deposit is required for the second key.

8.2 KEYS must be used to gain access at the Marina gate and to access the Marina head and shower room.

9. DOCK BOX STORAGE

9.1 GASOLINE AND OTHER FLAMMABLE LIQUIDS, batteries, corrosive liquids, paint, varnish, oil and other lubricants, fuel, antifreeze, resins, epoxies, alcohol, grease, pesticides, non-biodegradable detergents, thinners, solvents, kerosene, propane and other combustible gasses, mineral spirits and other liquids or materials or other things that may not lawfully be discharged into the water, and objects weighing in excess of 2 pounds, may not be stored in dock box. The U.S. Coast Guard and the San Diego Unified Port District prohibit open containers of paints, soaps, chemicals or other maintenance supplies on the docks. If such open containers are found on the docks, the Marina may dispose of them at Licensee’s risk and expense.

9.2 ARTICLES LEFT IN STORAGE LOCKER. The Marina is not responsible for any article remaining in Licensee’s storage locker once Licensee has moved their vessel or abandoned their vessel. Licensee further agrees that the Marina, in its exclusive discretion, may remove and dispose of any such articles left behind in which case all proceeds derived from such disposal, if any, shall become the sole property of the Marina.

10. LANDSIDE FACILITIES

10.1 SWIMMING POOL. The swimming pool is available to Licensee and accompanied guests from 7:00 a.m. to 10:00 p.m. Particular care must be exercised with children on the pool deck. Licensee and guests (maximum 4 guests per slip) must bring their own beach towels to the pool, as the Hotel will not furnish towels.

10.2 TENNIS COURTS. The tennis courts are available to Licensee and accompanied guests from 7:00 a.m. to 10:00 p.m. daily, except on Wednesdays when the courts do not open until 9 am due to cleaning and routine maintenance.

10.3 FITNESS CENTER. The fitness center is available to Licensee and accompanied guests from 6:30 a.m. to 10:00 p.m.

10.4 APPLICABLE RULES. Licensee and accompanied guests must follow all applicable rules at the swimming pool, tennis courts, and fitness center (collectively, "Landside Facilities"), which are posted and available at the Hotel Security O?ice. The Landside Facilities may be closed for short periods of time for maintenance or, on occasion, to support other functions. Arrangements for separate functions may be made with Marina management.

10.5 NO STORAGE OF PERSONAL PROPERTY. Licensee shall not store personal property of any nature in or about the Landside Facilities. Hotel shall not be liable for loss or damage to any personal property of Licensee that is stored in or about the Landside Facilities.

10.6 RECOVERY OF HOTEL PROPERTY. Licensee shall not remove any of Hotel's property (for example, pool towels) from the Landside Facilities. Marina Management or Hotel Security may recover Hotel property from vessels, and Licensee shall be fined $12 plus the cost to replace any damaged Hotel property.

11. VESSEL ABANDONMENT

11.1 DISPOSAL AT LICENSEE COST. In the event Marina terminates the Slip Agreement by providing written notice to Licensee (at their last known address) of such termination, or in the event of automatic termination of the Slip Agreement as provided for above, Licensee shall immediately remove their vessel from the Marina. If the vessel remains in the Marina after the termination of the Slip Agreement, the vessel will be regarded for all purposes as a trespasser, and Licensee shall remain liable for the payment of slip fees at the Marina's then current guest or transient rate, and shall pay all legal expenses incurred by the Marina in connection with e?orts to compel the vessel to vacate the Marina, including actual attorneys’ fees and costs. If for any reason the vessel is not removed within forty-five (45) days of the date of termination of the Slip Agreement, it is agreed the vessel shall be conclusively regarded for all purposes as having been abandoned. The vessel shall also be conclusively deemed abandoned if slip fees are two (2) or more months in arrears unless Licensee notifies the Marina in writing the vessel has not been abandoned; in such event the vessel shall be deemed abandoned if Licensee fails to remove the vessel from the Marina within thirty (30) days of the date Licensee provides notification the vessel is not abandoned, unless Licensee pays all slip fees, fines, and other charges then due. If the vessel is deemed abandoned as provided herein, the Marina shall become entitled, without liability, to dispose of the vessel in any manner and by any means, including but not limited to destruction, public or private sale, or any other means. If the vessel is disposed of in such manner, Licensee shall indemnify, protect, and defend the Marina and its employees, o?icers, and agents from and against all actual or potential liability (including but not limited to legal claims, liens, and judgments) arising from or in any way pertaining to such vessel disposal. Further, Licensee shall be liable for and indemnify the Marina from and against all actual or potential liability relating in any way to the removal and/or disposal of the vessel, and for the costs of such disposal, including but not limited to surveying costs, disposal costs, storage costs, claims of mortgagees or others, and legal fees. If the Marina elects to dispose of a vessel by way of public sale, it will cause an in-water condition and valuation survey to be completed in advance and will cause public notice of the intended disposal to be published in a publication of general circulation in San Diego, California for at least seven (7) days in advance of such disposition..

11.2 IF MARINA MANAGEMENT IS REQUIRED TO TOW OR OTHERWISE REMOVE LICENSEE’S VESSEL OR ANY PORTION THEREOF FROM THE MARINA, Licensee shall be required to reimburse the Marina for all actual expenses incurred in connection with the tow and/or removal.

12. MISCELLANEOUS.

12.1 MARINA MANAGEMENT HOURS. Marina Managements normal hours are Monday to Friday, 9:00 a.m. to 5:00 p.m. These hours are subject to change without prior notice.

12.2 FISHING FROM AND CLEANING FISH ON THE DOCKS IS PROHIBITED.

12.3 MOTORCYCLES, SCOOTERS, ROLLER SKATES, OR SKATEBOARDS are not permitted on the docks, nor may they be ridden on walkways, sidewalks, or pedestrian bridges. Bicycles must be walked on sidewalks and across the causeway and docks. Bicycles may not be secured to railings, fences, fixtures or other Hotel property. Bicycles cannot be stored on docks, and each vessel is limited to storing one bicycle on board, provided it is not visible from the shore or to Hotel guests. Additionally, bicycles stored on vessels must be fully covered at all times. The Marina and the Hotel are not responsible for theft, loss, or damage to bicycles under any circumstances.

12.4 PETS are permitted, so long as they comply with the Hotel's pet policy; are registered with Marina Management; and do not create any disturbance or nuisance. All pets MUST be kept on a leash. Pet owners are responsible for immediately cleaning up after their pets. Marina management reserve the right to bar any pet. No pets are allowed in the restrooms or showers.

12.5 TRASH CONTAINERS are provided on each dock and at each restroom. Items requiring special handling, including but not limited to batteries, paint, petroleum products, and toxic chemicals, are Licensee's disposal responsibility and are NOT to be placed in trash containers or left anywhere on Hotel property. Licensee should contact Marina Management for proper disposal recommendations.

12.6 QUESTIONING. Marina management reserves the right to identify unknown persons. Licensee must provide management with advance notice before authorizing a guest to use their vessel and/or key.

12.7 SIGNS (e.g., "for sale" or political signs) are not permitted on vessels, the Marina, or Hotel property, and will be removed and destroyed. Prospective buyers of vessels must be accompanied by Licensee or a broker.

12.8 HOTEL SECURITY PERSONNEL are available to assist Licensee, and patrol the Hotel property, in uniform, by foot and on bicycle. Security operates 24 hours per day and may be reached at (858) 539- 7686 or, from a Hotel phone, at ext. 7686

12.9 QUIET HOURS are 10:00 p.m. to 8:00 a.m. Loud noise is not permitted during quiet hours. Licensees and/or their guests responsible for loud noises during quiet hours will be asked to leave and risk termination of the Slip Agreement.

12.10 THE MARINA GATE is to be locked closed at all times.

12.11 CHILDREN under 12 years are not permitted on docks without the immediate presence of parents or other responsible adults. Non-swimmers or toddlers are requested to wear life jackets when on the docks or boat decks.

12.12 INSPECTION AND ACCESS. Marina Management or any authorized assistant may, at any time and without prior notice or liability to Licensee, their guests, or any other person, board and physically inspect the Vessel for purposes of health, safety, environmental protection, or to safeguard the Marina, other property, or the public peace. Licensee agrees that upon the vessel’s arrival and whenever deemed necessary at the sole discretion of the Marina, the Vessel shall be subject to inspection and approval. Failure to permit such inspections shall constitute a material breach of these Rules & Regulations and the Slip Agreement, and shall immediately entitle the Marina to terminate the Slip Agreement at Marina’s sole discretion.

12.13 INTERPRETATION. The Marina is empowered to interpret these rules. If any doubt arises with respect to an activity which may be precluded by these rules or the Slip Agreement, interpretation should be requested prior to undertaking such activity.

The Marina and Hotel reserve the right to amend these rules and regulations at any time without prior notice to Licensee.

Please contact the following individuals with any questions or concerns:

  • Stefan Peroutka, General Manager: speroutka@bahiahotel.com or (858) 539-7616
  • Rex Evans, Marina Manager: tevans@bahiahotel.com or (858) 529-9997
  • Donna Fleming, Marina Billing: dfleming@evanshotels.com or (858) 539-7758
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