Garanties d'usage

projet de mémo non définitif en cours de rédaction collective et de révision

The Mooring Contract (Contrat de Garantie D’Usage)

City Hall is finalizing a model mooring contract, which will soon be submitted to Port Grimaud homeowners for signature.  The terms of such contract had been laid out in the 2024 Règlement d’Exploitation du Port (see on www.portdegrimaud.fr).

What is this mooring contract (let’s call it a CGU)?

Legal Definition

Under the law, a person may be granted a mooring guarantee for a maximum period of 35 years in exchange for a contribution designed to finance equipments, installations, buildings used in a harbor’s management or that support its economic development.

 Note :

1)        This language has often been adapted to specific situations in marinas and ports where such contracts have been implemented.  So, it seems that adaptations are possible depending on local specificities.

2)        Homeowners at PG1 and PG2 own an embedded mooring right, as confirmed in their notarized purchase contract.
  

Simply said: A CGU is a contract that will guarantee a long-term mooring right for a « price » designed to pay for works in the port of Port Grimaud.  The CGU is in addition to the annual contract for stationning your boat on the water  (contrat annuel d’occupation du plan d’eau). The annual contract calls for a mooring fee and is the same contract which the capitainerie has demanded from homeowners since 2022.

What happens if I don’t sign a CGU ?

You  could wonder why  homeowners must subscribe to 2 contracts.  Why not just a simple annual mooring contract like  the one we’ve had in place for 2022-2024 ?  Because City Hall has decided that works are necessary in the harbor.  And one way  to finance those works is to impose a CGU.  In principle, the Capitainerie may not use annual mooring fee revenues to finance a port’s improvements.

I sign a CGU : I pay a one-time price of 500E/m2 + I ‘m charged annual  20E/m2 mooring rate

I do not sign a CGU but I sign an annual mooring contract : I’m charged 60% of the public marina rate (about 5 880€ for a mooring 13mx4,60m, instead of 1 196€ if I sign a CGU),

I sign nothing : I‘m charged the public marina daily rate (21 520€ for a mooring 13mx4,60m)

Agreed terms in the CGU
1. Principle « a house, a boat » : City Hall has always said it will endorse this principle. The CGU will be a contract allowing one’s boat to be docked in front of your house for 35 years. Or, in case of an apartment, at such designated place as shown in the contract.

2. Time: It is also agreed that the CGU will run for 35 years.

 Desirable Terms yet to be agreed

City Hall is yet to publish a model contract, which today is just outlined in the Règlement d’Exploitation du Port.  Many questions remain as to the precise terms of such a contract.  Here are the main points that we would want addressed :

1.        Dimensions and use : specify the exact occupation area, size of boat and grant exclusive use of mooring area.

2.        Transfer of mooring right : A CGU isn’t transferable.  But it seems that City Hall has agreed, in principle, to a method for allowing a new owner to step into the shoes of the previous owner.  To be confirmed.

3.        Contract price :  The price must be fixed and payable in installments.

4.       Incorporate the annual mooring contract into the CGU : So there is only one contract for 35 years. This allows the method for calculating the annual rate (today 20E/m2) to be explained in the long-term contract.

5.       A complete view of works to be financed via the CGU (description, source of financing, athorizations to be obtained, calendar of execution, installments  calendar, etc)

6.       Open contract – homeowners should be able to adhere to, or get out of, the CGU at any  time

7.        In case the waterways and port are sold to a third party : Specify that the investor must respect the CGUs without alterations to terms.

Site Officiel du cercle de réflexion Port Grimaud - Perspectives 2025 (debatpublicportgrimaud@gmail.com)