Illinois Administrative Code › Title 17 - CONSERVATION › Part 220 - NORTH POINT MARINA › Section 220.30 - Marina Slip Acquisition

Current through Register Vol. 48, No. 28, July 12, 2024
a) Permit
			 Conditions and Procedures
1) All vessels
			 assigned slips must be registered in accordance with the Boat Registration and
			 Safety Act [625 ILCS 45 ].
2) No
			 permit will be granted in the name of an organization. Permittee must be an
			 individual, and evidence of Permittee ownership (full or partial) or control of
			 the vessel must be presented to the Marina Administrative Office (M.A.O.).
			 Permittee may be a married couple. In the event of divorce, documentation of
			 succession will be required by the Marina as the basis for issuing a new harbor
			 occupancy agreement. Evidence of Permittee ownership or control shall be:
A) Title or Registration;
B) Bill of Sale or Sales Contract;
			 or
C) Lease Agreement.
3) No permit will be granted until
			 the Permittee demonstrates proof of liability insurance to cover damage to the
			 Marina, other boats or boat owners.
4) Permit fees will be based upon the length
			 of the vessel and lease status (seasonal or temporary). See Section
			 220.60 (Fees and
			 Charges).
5) Slip applications will
			 be accepted on a "first-come, first-served" basis pursuant to position on the
			 Applications Wait List administered by the M.A.O. A deposit must accompany the
			 application. See Section
			 220.60 (Fees and
			 Charges).
6) Slip renters must
			 accept the first slip offered, regardless of location. Refusal to accept the
			 first slip offered shall result in the applicant's name being moved to the
			 bottom of the list. A refusal to accept the offered slip the following season
			 shall result in the applicant's name being removed from the list and the
			 applicant's deposit shall be forfeited to the Department. (See
			 30
			 ILCS 105/5.158.)
7) Slip transfers may be requested by slip
			 holders only. Such requests will be maintained and serviced pursuant to a Slip
			 Transfer Wait List administered by the M.A.O. Requests for slip transfers will
			 be given priority over slip applications from non-tenants as slips become
			 available.
8) All Harbor Occupancy
			 Agreements shall be non-transferable and shall not be leased or transferred to
			 any other individual.
9) The
			 Department of Natural Resources (Department) shall have the right to re-assign
			 slip spaces and to move or cause to be moved any vessel so re-assigned. A
			 Permittee, by applying for and accepting the use of a slip, shall be deemed to
			 have consented to the re-assignment and movement of his or her vessel to
			 another slip for the proper operation, maintenance, and repair of the North
			 Point Marina; or for the convenience of the Department while making repairs or
			 improvements; and in the case of an emergency (see Section
			 220.80).
			 Permittee further consents to the movement of his or her vessel by Departmental
			 personnel. If, after notice to move the vessel is given by the Department,
			 Permittee fails to comply with such notice, neither the Department nor any of
			 its officials or employees shall be liable to and a Permittee waives all claims
			 for damage to persons and property sustained by a Permittee resulting from the
			 movement of his or her vessel.
10)
			 Cancellation Provisions
A) By the Department:
			 The Department shall cancel and terminate any permit upon 10 days written
			 notice to the Permittee for the Permittee's failure or refusal to comply with
			 provisions of the permit, such as nonpayment of slip fees; failure to provide
			 proof of ownership or proof of insurance; criminal violations that endanger
			 life or property; or repeated violations (3 or more) of this Part or 17 Ill.
			 Adm. Code 110. The Permittee shall not be due any refund of slip fees
			 paid.
B) By Permittee: The
			 Permittee shall give the Marina office written notice of intent to vacate. The
			 Permittee shall not be due any refund of slip fees paid.
C) In the event of sudden unemployment,
			 catastrophic illness, or similar personal crisis, the slipholder may request a
			 refund of slip fees paid. With the recommendation of the M.A.O. and approval of
			 the Director, a refund may be granted in an amount not to exceed 50% of slip
			 fees paid for that season, if requested by June 1.
D) Removal of Vessel upon Cancellation of
			 Permit: If Permittee fails or refuses to remove his or her vessel from a slip
			 or end tie by the date of cancellation or expiration of his or her permit, the
			 Department will order and cause the vessel to be removed and stored at the
			 Permittee's risk and expense and retake possession of the slip. Neither the
			 Department nor any of its officials or employees shall be liable to and a
			 Permittee waves all claims for damage to persons and property sustained by a
			 Permittee resulting from the movement of his or her vessel pursuant to this
			 provision.
E) Slipholders who do
			 not occupy their slip may be allowed a carryover to the succeeding year if a
			 portion of their slip rental has been paid and if mitigating circumstances
			 exist. If a slip is not rented in the succeeding year the carryover will be
			 forfeited. Written application detailing the circumstances of the non-occupancy
			 must be made to the M.A.O. to be considered for a carryover. Within 30 days the
			 M.A.O. will notify the slipholder in writing whether the carryover will be
			 allowed. The amount of carryover allowed will be prorated based on the date the
			 written application from the slipholder was received in the M.A.O.'s office.
			 Approval is entirely the M.A.O.'s decision and no appeal will be
			 allowed.
11) In the
			 event of the death of a slip holder, the surviving spouse or a child of the
			 slip holder shall have the right of first refusal of the assignment of the
			 slip, subject to the approval of the M.A.O. Approval shall be based upon such
			 considerations as the survivor's history of compliance with Department rules
			 and proper utilization of the Marina facilities. If approval of reassignment is
			 not granted, a prorated refund shall be granted.