Loading...
HomeMy WebLinkAboutMooring & Dockage Agrmt. SRCity of Miami MOORING AND DOCKAGE AGREEMENT This License Agreement, made and entered into this day of , 20_, at Miami, Dade County, Florida, by and between the CITY OF MIAMI, a Florida municipal corporation (hereinafter referred to as the "CITY"), and the Vessel Owner (hereinafter referred to as either the "VESSEL OWNER" or the "LICENSEE"), for the use of either dockage facilities at the marina, pier and slip specified below, or mooring facilities at the buoy specified below, shall be governed by the following covenants and conditions binding upon the parties: Vessel Owner's Name: Marina Facility Pier & Slip: Vessel Owner's Mailing Address: Vessel Name: Home Port: City State: Zip: State Reg. No. or Fed. Dcc.No. Email address: LOA BEAM DRAFT Cell Phone: Home Phone: Type: P S MS Gas Diesel Work Telephone: Home Telephone: Marine Insurance Co. Policy No. Use of Vessel (check one) \ , Pleasure 0 Commercial O Fishing O Sight -Seeing O Sight-seeinp Sail no O Water Taxi 0 Dockage Fee (not including tax): $ 1. THE VESSEL: The PREMISES as defined herein are for the exclusive use of the LICENSEE'S vessel identified above (hereinafter the "VESSEL"). No other vessel may use the assigned slip during the term of this License Agreement, except as specifically provided for herein. The VESSEL utilizing said slip must be in good and seaworthy condition, and be capable of safe maneuvering and navigation, and of self -propulsion (Self -propulsion does not include paddle or makeshift sail). No houseboats or house barges are permitted at any CITY Marina facility 2. PURPOSEIPERMISSIBLE USE: LICENSEE shall use the PREMISES defined herein for the sale purpose of mooring or docking the VESSEL. This License Agreement shall not convey to the LICENSEE any right of possession, or any interest in land; rather, this License Agreement merely grants a privilege to the LICENSEE to use the PREMISES during the term of this License Agreement. The relationship between the parties shall at no time be construed as creating a bailment or constructive bailment. Because the dockage fee rate is based upon the type of use the VESSEL will be engaged in, during the term of the License Agreement, the VESSEL shall only be used in the mariner disclosed above. 3. PREMISES 1 STORAGE SPACE ADJACENT TO SLIP: The premises licensed by this License Agreement are for either dockage space at the slip identified above and no other, or for mooring at the buoy identified above and no other (hereinafter the "PREMISES"). The PREMISES do not include, and the LICENSEE shall have no right to utilize any pier, dock, seawall, gangway, ramp, marina facility, or any part thereof. However, at the discretion of the Marinas Manager, at marina facilities only, the LICENSEE may be granted a revocable -at -will license to utilize one dock box, provided by the CITY, adjacent to the assigned slip, which shall at no time obstruct pedestrian traffic. If a license for a dock box is granted, the LICENSEE agrees that: (a) the size and location of the dock box will be determined by the Marinas Manager; (b) the dock box is being provided by the CITY gratuitously and without consideration, and can be removed by the CITY at any time; (c) the LICENSEE has no right of privacy to the interior space at the dock box, which may be opened and inspected at any lime, for any reason, by the Marinas Manager, or his designee, without notice. 4. TERM: This License Agreement is effective for a period of one year commencing on the date of this License Agreement (specified above), unless sooner terminated by the CITY or the LICENSEE as provided for herein. 5. TERMINATION: This License Agreement may be terminated by either party, with or without cause, by giving fifteen (15) days prior written notice to the other party. Upon termination of this license Agreement, whether caused by lapse of time or otherwise, LICENSEE shall at once vacate the PREMISES and remove the VESSEL from tile assigned facility. Should the LICENSEE fail to vacate the premises upon termination, the CITY may utilize any and all remedies provided by law, and as provided herein, to remove the LICENSEE and/or the VESSEL from the PREMISES, including, but not limited to Chapter 82, Fla. Stat., Chapter 83, Part I, Fla. Stat., and the general maritime law. 6. SECURITY DEPOSIT: The LICENSEE agrees that a non -interest bearing security deposit equal to two (2) months dockage fees shall be paid to, and retained by, the CITY during the term of this License Agreement as security for the faithful performance by the LICENSEE of all the terms and conditions of this License Agreement, and, except as provided for in this License Agreement, shall be returned to the LICENSEE at such time as the LICENSEE peacefully vacates the PREMISES in accordance with the terms of this License Agreement. Whether or not prior notice has been given to The LICENSEE concerning any default on the part of the LICENSEE, the CITY may utilize the security deposit for the satisfaction, or partial satisfaction, of: (a) dockage fees which have become delinquent and/or delinquent charges at any time alter any dockage fees are more than forty-five (45) days overdue; (b) the cast of repairs required as a result of any damage or loss to CITY property caused by the LICENSEE, the vessel, its crew, or its guests or passengers; (c) The cost of removing any personal property left at any facility after LICENSEE vacates The PREMISES; (d) The cost of removing any equipment or fixtures installed by The LICENSEE which is not removed by the LICENSEE prior to his vacation of The PREMISES, and restoring the facility to its condition prior to The LICENSEE'S use of The PREMISES; and (e) any other reason provided for in this License Agreement. Attar utilization 01 all, or any portion of the security deposit, the CITY may give notice to the LICENSEE, who shall have ten (to) days In which to fully replenish the security deposit. Failure of replenish the security deposit within the time required herein shall cause this License Agreement to automatically terminate. In no event shall the CITY be required or obligated to return the security deposit, or any portion thereof, if the CITY institutes legal proceedings to evict The LICENSEE from the PREMISES. 7. LIQUIDATED DAMAGES: Should LICENSEE choose to terminate this license Agreement, as provided for herein, prior to the expiration of its one year term, the CITY shall retain the security deposit as liquidated damages. However, the LICENSEE may terminate this License Agreement, and be entitled to a refund of the security deposit, under anyone of the following circumstances: (a) by having satisfied the dockage fees due for the full term of this License Agreement; (b) by presentation to the Marinas Manager of a copy of the original U.S. Govemment Department of Defense issued orders transferring or reassigning the LICENSEE out of Dade, Broward, Monroe and Palm Beach Counties, and who is also currently serving as a uniformed member of a branch of the U,S. Armed Forces in an active military service; (c) by a bona tide sale of the VESSEL identified in this License Agreement; (d) by presentation 01 a Certificate of Death in the case of the LICENSEE'S demise; (e) by giving fifteen (15) days notice in writing to the Marinas Manager not later than sixty (60) days following the effective date of an increase in dockage fees. 8. DOCKAGE FEE / DELINQUENCY CHARGE: LICENSEE agrees to pay The CITY a monthly mooring fee or dockage fee (Whichever The case may be, hereinafter referred to as The "dockage fee") based upon a thirty (30) day month, plus tax, payable at the time this License Agreement is executed, and thereafter payable monthly in advance of the first day of each month. The LICENSEE further agrees that dockage fees shall be considered delinquent if they are not paid in full on or before the tenth (tenth) of the month. Dockage fees which are delinquent shall be subject to a delinquency charge of five percent (5%) of the monthly dockage fee, which will accrue and be automatically posted to the LICENSEE'S account on the eleventh (11th) day of the month. The dockage fee is based upon the dockage rate established from time to time by the City Manager under the authority of City Code, section 50-336. Dockage rates are based upon the use of the VESSEL (disclosed above) by the LICENSEE. During the term of this License Agreement, the dockage lee may be increased unilaterally by the CITY from time to time, upon fifteen (15) days prior notice in writing to the LICENSEE. Payments shall be made to the CITY by check made payable to "THE CITY OF MIAMI," and delivered to the Dockmaster of the facility where the vessel is assigned during regular marina business hours. 9. MARITIME LIEN: The parties agree that the mooring or dockage provided for herein is a "necessary" within the meaning of the Federal Maritime Lien Act, 46 U.S.C. 86971-975, and that the CITY: in addition to relying upon the credit of the LICENSEE, shall retain a maritime lien against the VESSEL, her appurtenances and contents, for all unpaid dockage fees, delinquency charges, and for any damage caused to any dock, piling or any other property of the CITY. FOR UNDOCUMENTED VESSELS, PURSUANT TO FLORIDA STATUTE SECTION 328.17, IN THE EVENT OF NONPAYMENT OF STORAGE FOR A PERIOD OF SIX MONTHS, MARINA IS AUTHORIZED TO SELL OWNER'S VESSEL AT A NONJUDICAL SALE. 10. RENEWAL PROHIBITED / TRANSIENT DOCKAGE FEE: This License Agreement may not be renewed or extended beyond tile term specified herein. However, after the expiration of this License Agreement, with the prior consent of the CITY, which consent may be withheld for any reason deemed to be in the best interest of the CITY, The LICENSEE may enter into a new Dockage License Agreement under whatever terms and conditions are being offered by the CITY at that time. After the expiration of this License Agreement, if a new Dockage License Agreement is not entered into for any reason, and the LICENSEE nevertheless continues to use the PREMISES with or without the consent of the CITY, the VESSEL shall be placed on a transient dockage fee schedule, which is the highest dockage fee charged by the CITY. 11. NO WARRANTIES: LICENSEE fully understands and agrees that the CITY does not warrant the condition of the slips, docks, piers, gangways, ramps, buoys, mooring gear or any other parts of the marina facilities or mooring facilities to be safe for docking, berthing or mooring vessels, or for accepting and discharging passengers, and assumes no responsibility as a wharfinger. 12. INSURANCE, INDEMNIFICATION AND RELEASE: (a). RELEASE: LICENSEE shall use the PREMISES at its sole risk and in a manner so as not to endanger any person or property, and The CITY shall not be liable for the care, protection or security of the VESSEL, her appurtenances, tackle. gear or contents, or for any loss or damage of any kind or nature due to lire, theft, vandalism, collision, equipment failure, windstorm, hurricane, rains, or other casualty or calamity. EVEN IF SUCH LOSS OR DAMAGE /S CAUSED BY NEGLIGENCE OF THE CITY, ITS AGENTS, SERVANTS, EMPLOYEES OR INDEPENDENT CONTRACTORS, and the CITY is hereby expressly released from all such liability. (b). INDEMNIFICATION: LICENSEE further agrees to protect, indemnify, hold harmless and defend the CITY from any and all liability, claims or expense, by reason of any damage to property, or injury or death to any person (INCLUDING THAT CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, SERVANTS, EMPLOYEES, OR INDEPENDENT CONTRACTORS), done or occurring in or about the PREMISES licensed by the CITY to the LICENSEE herein, or any liability sustained during the operation of the VESSEL or LICENSEE's business, if any. (c). INSURANCE: (1). The LICENSEE will secure at its own expense, and furnish to the CITY, prior to the commencement of the term of this License Agreement, marine and other insurance policies providing hull coverage (up to the full value of the VESSEL), protection and indemnity coverage (in art amount not less than $1,000,000, which shall include, but not be limited to, liability or property 'damage, loss of life, bodily injury or Illness of any crew or volunteer crew or third party, collision towers liability, property damage to docks, wharves, piers, buoys, bridges, cables, and other fixed or movable property and loss or damage to other vessels not caused by collision), and, in the case of commercial, sight-seeing, sailing sight-seeing, or water taxi vessels, commercial liability (with limits of not less than $1,000,000 per occurrence, combined single limit, for bodily injury, personal injury, and property damage liability with a general aggregate of not less than $2,000,000) . (2). The required insurance coverage's shall be issued by companies rated A:X or better per AM Bests' Key Rating Guide (latest edition), whom are duly authorized to transact insurance business 'In the State of Florida- (3). Said policies shall be in full force and effect during all periods of lime during which the VESSEL is using the assigned slip or mooring buoy. (4). The policies shall provide that no cancellation, termination, amendment or modification reducing the extent of insurance provided under the policy, once The policies have been filed with the CITY, shall be effective if such amendment, modification or cancellation will leave the LICENSEE or the VESSEL without insurance 01 the type and amount required under this License Agreement. (5). AU polices shall specifically designate "the CITY OF MIAMI, its officers, agents, servants and employees," as additional insured. (6). The LICENSEE will furnish the CITY with original certificates of insurance evidencing the required coverage's to be in force on the date 01 this License Agreement, and renewal certificates of insurance, or such similar evidence, if the coverage has an expiration or renewal date occurring during the term of this License Agreement. (7). The insurance shall provide for sixty (50) days prior written notice to be given to the CITY in The event coverage is substantially changed, canceled, or is not renewed. (8). The insurance shall provide that the insurer shall waive its rights of subrogation against "the CITY OF MIAMI, its officers, agents, servants and employees." (9). The LICENSEE expressly understands and agrees that any insurance maintained by The CITY shall apply in excess of, and not contribute with, insurance provided by the LICENSEE under this License Agreement. (10). The LICENSEE expressly understands and agrees that, to the extent of any deductible assumed by The LICENSEE under any policy of insurance required herein (which shall not exceed The amount of $1,000 per occurrence), the LICENSEE is self -insured, and, as such, the LICENSEE assumes all of the responsibilities and obiigations to "the CITY OF MIAMI, its officers, agents, servants, and employees" which the insurer would otherwise bear under the terms of this License Agreement had the LICENSEE elected no deductible. (11). The LICENSEE shall not use the PREMISES licensed under this License Agreement until all required insurances are in full force and effect and proof thereof satisfactory to the CITY has been submitted to the CITY. Should the insurance required by the LICENSEE lapse during the term of this Agreement, the LICENSEE shall immediately remove the VESSEL from, and vacate the PREMISES. (12). The LICENSEE's indemnity obligation to the CITY as described in this License Agreement is unlimited and shall not be restricted by, or to, the coverages provided by the insurances required to be furnished by the LICENSEE to the CITY herein. 13. DUTY TO UP -DATE INFORMATION: The LICENSEE shall immediately notify the Marinas Managerin writing of any change in the information furnished by him in this License Agreement, including information which would trigger a termination of this Agreement, e.g., a change in the ownership of the VESSEL. 14. COMPLIANCE WITH LAWS: LICENSEE agrees that in its use of The PREMISES, it shall comply with all Federal and State laws and County and City Ordinances pertaining to Waterways, Marinas, Vessels and Boating. 15. COMPLIANCE WITH MARINA FACILITIES RULES AND REGULATIONS: LICENSEE agrees that in its use of the PREMISES, it shall comply with all CITY promulgated Manna Facilities Rules and Regulations (which are specifically made a part hereof by reference). The CITY reserves the right to make such other and further reasonable rules and regulations as in its judgment may from time to time be needed for the safety and care of the PREMISES, and any such other rules and regulations shall be binding upon the LICENSEE with the same force and effect as if they had been inserted here at the time of execution. 16. PUBLIC ADDRESS AND SOUND SYSTEMS: While within the waters of a manna facility or marina basin, LICENSEE, and each persons in the employ of, or a guest of, the LICENSEE, is expressly forbidden to use public address systems or other mechanical or hand -operated voice or power operated megaphones in solicitation of business or for entertainment purposes, including music reproductions or other reproductions; and LICENSEE shall not use or employ persons to "bark" or solicit business either on the dock area or from aboard the VESSEL or from any area or location in the vicinity of the marina or while underway on the VESSEL while it is within the marina or its basin. 17. FAILURE OF UTILITIES: Although water and electric utilities are provided at no cost to some slips at CITY marina facilities, LICENSEE acknowledges that it has no vested rights under this License Agreement for the future or continued provision of water and electric utility services. Consequently, the parties agree that the CITY will in no event be liable for any interruption, termination or failure of utility services on the PREMISES. 18. QUIET ENJOYMENT OF OTHER LICENSEES: The LICENSEE agrees to peacefully use the dockage space assigned herein and at all times not interfere with the quite enjoyment of other marina licensees. 19. PROHIBITED ACTS: The LICENSEE shall not do. suffer or allow, either individually or in conjunction with other persons, or as part of an organization of persons: (a) any unlawful act; (b) any act which may have the effect, in the sale judgment of the CITY, as disturbing the peace, disturbing, inconveniencing or subjecting to physical jeopardy the PREMISES, or other vessels docked or moored at the marina facility or mooring facility; or (c) any act which will impede, disrupt or injure the orderly operation of the marina facility or mooring facility or any portion of it, including but not limited to marina management or marina revenues. 20. NO ASSIGNMENTS OR SUB -LICENSES: LICENSEE shall not assign, sublicense, transfer, mortgage, or otherwise dispose of or encumber this license or any rights granted herein. 21. RESIDENCY: The VESSEL shall not be rented to anyone for the purpose of using it as a residence. Residency privileges shall be granted or withheld in writing in the sole discretion of the Marinas Manager. Residency privileges shall be restricted to the LICENSEE and his/her immediate family, paid crew, and temporary bona fide guests. A bona fide guest is a person who's temporary residency aboard the VESSEL does not exceed 15 days, and who provides no consideration to the LICENSEE for his/her temporary residence aboard the VESSEL. 22. NO WAIVER: Any waiver of any breach of covenants or conditions contained herein to be kept and performed by LICENSEE, shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the CITY from proceeding under the provisions of this License Agreement as a result of a subsequent breach. Unless the CITY was provided prior notice in writing of a breach of covenant or condition, the CITY shall not be deemed to have waived any breach of covenant or condition of the License Agreement. 23. BREACH / CURE PERIOD / AUTOMATIC TERMINATION: Upon the breach of any covenant or condition contained herein, the CITY may give written notice to the LICENSEE of the breach. If noted, LICENSEE agrees that it will remedy the breach within ten (to) days after notice. If the breach of any covenant or condition is not cured within the ten (to) day period, this License Agreement shall automatically terminate and the LICENSEE agrees to immediately vacate the PREMISES. Any security deposit or unused portion of dockage fees shall be retained by the CITY as liquidated damages. In the event legal action is commenced by the CITY to enforce the covenants of this License Agreement, to the extent allowed by law, LICENSEE waives its right to jury trial or to assert permissive counterclaims. 24. ENFORCEMENT COSTS / ATTORNEYS FEES: LICENSEE shall pay and discharge all costs, expenses, and attorney's fees which may be incurred by the CITY in enforcing the covenants of this License Agreement. 25. REMEDIES CUMULATIVE: The remedies herein created are cumulative and the use of one remedy shall not be taken to exclude or waive the right to use any other remedy. 26. JOINT AND SEVERAL OBLIGATION: In the event that this license is granted to more than one individual or other legal entity (or to any combination), then and in that event, each and every obligation or under taking to be performed by LICENSEE under this License Agreement shall be the joint and several obligation of each such individual or other legal entity. 27. RIGHT TO MOVE VESSEL: In addition to all other powers and authority retained by the CITY and granted by the LICENSEE, the CITY may at any time in its absolute discretion, and without notice, require the LICENSEE to move the VESSEL from its assigned mooring or slip to another mooring or slip within the same facility or a different facility, and, jf the LICENSEE fails to comply, the CITY shall have the right to move the VESSEL itself. 28. PROOF OF OWNERSHIP: Prior to signing this License Agreement, or upon the CITY's demand at any later time, the LICENSEE shall furnish the Marinas Manager for review, proof of ownership of the VESSEL. This proof shall consist of a certified copy of either a State Registered Title to the VESSEL or documentation by the US Coast Guard or Foreign Power Registration as the case may be. 29. ACCESS TO SLIPS: The CITY, its representatives and employees, shall at all times have free access to the PREMISES for purposes necessary, incidental to, or connected with, the performance of its obligation hereunder, or in the exercise of the CITY's governmental functions. 30. EXAMINATION OF PREMISES: LICENSEE agrees that it has examined and inspected the PREMISES to its satisfaction prior to the execution of this License Agreement and is satisfied with the physical condition of the PREMISES, and further agrees that the PREMISES are in a safe condition and in good repair. 31. ALTERATION OR MODIFICATION OF PREMISES: LICENSEE shall not remove, relocate, alter or modify any existing portion of the PREMISE, nor attach, affix, or permit to be attached or affixed, upon the PREMISES, or if so attached or affixed, relocate, replace, alter or modify, without the prior written consent of the CITY, any flags, placards, signs, poles, wires, aerial antennae, ladders, stairs, ramps, vending machines, ticket or concession booths, or any other structures, improvements or fixtures. 32. DAMAGE OR DESTRUCTION TO PREMISES: In the event that the PREMISES, or any portion thereof, shall be destroyed or damaged by fire, wind, water or other casualty so as to prevent the use of the PREMISES for the purposes and during the periods specified herein, or the PREMISES cannot be used because of strikes, acts of God, or other causes beyond the control of the CITY. then this license shall terminate and the LICENSEE waives any claim against the CITY for damages by reason of such termination. The CITY shall not be obligated to repair or rebuild the PREMISES, but may elect in its sole discretion to do so. 33. DUTY TO MAINTAIN PREMISES IN GOOD REPAIR: The LICENSEE, at its own expense, shall keep the PREMISES in good repair and agrees to vacate the PREMISES at the end of the term of this License Agreement in the same condition as at the beginning of the term, ordinary wear and use being excepted, and LICENSEE shall pay for all damages occasioned by its use. 34. NO PARTNERSHIP OR JOINT VENTURE WITH CITY: The LICENSEE and the CITY agree that nothing contained in this License Agreement is intended, or shall be construed as, creating or establishing a partnership or joint venture between the parties herein or as designating the LICENSEE as the agent or representative of the CITY for any purpose whatsoever. 35. LICENSEES DUTY TO NOTIFY CITY OF VESSEL'S ABSENCE /CITY'S RIGHT TO RE-L10ENSE UNOCCUPIED SLIPS: The LICENSEE hereby agrees that if the VESSEL is to absent from the PREMISES for a period of seventy-two (72) hours or more, the LICENSEE shall notify the Dockmaster's Office in advance of the dates of departure and retum and shall confirm the return date forty-eight (48) hours prior to retum. The LICENSEE acknowledges the CITY's right, as part of the consideration to the CITY under this License Agreement, to re -license said slip on a temporary basis to transient vessels for compensation when the VESSEL is to be absent for seventy-two (72) hours or more. LICENSEE further recognizes that it has no right to any set-off or credit for the dockage fees due the CITY under this License Agreement when the LICENSEE's slip or mooring is temporarily re - licensed to transient vessels during the absence of the VESSEL as provided for herein. 36. SUBORDINATION TO GOVERNMENT AGREEMENTS: LICENSEE acknowledges and agrees that this License Agreement is subject to and subordinate to any existing or future agreements of any kind between the CITY and any other public agency of the United States Government, state, any county, authority, or any official, board, commission or other body politic of the state or federal government, now or hereafter created, whether specifically mentioned here or not, pertaining to the development, construction, operation or maintenance of the Miami River, Biscayne Bay, marina basins, their adjoining seawalls and dock areas. The CITY reserves the right to further develop, improve, maintain, modify and repair the seawalls and dock areas, the roadways and connected walkways, at any time regardless of the views of the LICENSEE and without interference or hindrance by the LICENSEE. 37. GOVERNING LAW: This License Agreement shall be deemed to have been made in and shall be construed in accordance with the law of the State of Florida. 38. INTEGRATION CLAUSE: This License Agreement constitutes the sole, complete and only License Agreement between the parties hereto. Any prior agreements, oral understandings, promises, negotiations, or representations, not expressly set forth in this License Agreement, shall have no force or effect. This License Agreement shall not be subject to parole. 39. SEVERABILITY CLAUSE: The unenforceability, invalidity or illegality of any provision of this License Agreement shall not render the other provisions unenforceable, invalid or illegal. 40. CHANGES TO THIS PRINTED FORM: Any typed or hand-written changes to this printed form Mooring and Dockage License Agreement, which are not initialed by the Marinas Manager, shall be void and of no force or effect. 41. NOTICES: All notices to the CITY by the LICENSEE under this License Agreement shall be sent by certified mail; return receipt requested, to the CITY OF MIAMI, Attn.: Marinas Manager, Dinner Key Marina, 3400 Pan American Drive, Miami, Florida 33133. Notices to the CITY shall be deemed effective upon actual receipt, the retum receipt constituting evidence thereof. All notices to the LICENSEE by the CITY under this License Agreement shall be sent by certified mail, return receipt requested, to the LICENSEE's mailing address provided by the LICENSEE above. Notice to the LICENSEE shall be deemed effective upon posting whether or not the LICENSEE signs the retum receipt, or delivery is otherwise incomplete; the postmark on the sender's receipt for certified mail shall constitute conclusive evidence of posting/receipt by LICENSEE. 42. AUTHORITY TO EXECUTE THIS LICENSE AGREEMENT: The only representative of the CITY authorized to execute this License Agreement on behalf of the City Manager is the Marinas Manager. The person signing below on behalf of the LICENSEE does hereby certify that the description of the VESSEL is correct and that he/she/it is the lawful owner of the VESSEL and that he/she/It is authorized to subject the VESSEL to the provisions of this License Agreement. 43. LICENSEES RESPONSIBILITIES IN THE EVENT OF A TROPICAL STORM OR HURRICANE: CITY marinas are not safe locations for vessels during tropical storms or hurricanes, and the CITY believes significant damage to vessels and to the marinas will likely occur in a major storm if a vessel remains at the marina. LICENSEE agrees that it is his sole responsibility to be aware of the threat or approach of a tropical storm or hurricane. In the event of an impending tropical storm or the issuance of a hurricane watch or warning, the LICENSEE may choose to /eave his VESSEL in the manna slip provided for under this License Agreement. LICENSEE agrees, however, to follow all reasonable directions of the Marinas Manager or his designee as to the kind of cleats, ropes, fenders and other measures that must be used on vessels as a condition of use of the marina as provided under section 327.59, Florida Statutes. LICENSEE specifically and knowingly assumes the risk and agrees to be solely liable and responsible for any damages caused to LICENSEE's VESSEL, to the marina slips, docks, and piers, to other vessels, and to any other property damaged by the LICENSEE's VESSEL, or as a result of the VESSEL'S presence, including any damages caused by, or as a result of, actions taken by the CITY to protect the marina, during a tropical storm or hurricane. LICENSEE further agrees not to demand from, nor to sue, the CITY for any damages whatsoever as a result of any vessel being allowed to berth at the marina, including the LICENSEE's VESSEL, during such storms. 44. Commercial Vessel Ticket Surcharge: A. The Ticket Surcharge ("Ticket Surcharge") is applied to all paid admissions, excluding taxes. User shall levy and collect, on behalf of the City, a Ticket Surcharge on each paid admission. The amount of the surcharge shall be computed as follows: Price of Admission Surcharge $1.00—$14.99 $15.00—$29.99 $30.00 and up $0.75 $1.00 $2.00 Each printed ticket shall be itemized to show the admission price, applicable taxes, any service charge from outside ticket agencies, and the City's ticket surcharge. User agrees to record the Ticket Surcharge as a separate item in the statement of accounts regularly. User shall be responsible for the collection of the Ticket Surcharge, and paid to the City by the of each month. User shall maintain all books and records pertaining to ticket surcharge sales available for the City's inspection and auditing as provided herein. B. ADMISSION AND TICKETS: All customer entry to Commercial Sightseeing vessels at Miamarina shall be by ticket only, purchased at the full ticket price established by the User, except for employees of User and City whose presence is required for the presentation of the tour and who have received passes issued by User, or as otherwise provided by this Agreement. All tickets shall be printed by a bonded printer, if feasible, and listed on a ticket manifest. The ticket manifest, which shall specifically state the number of tickets printed and the serial numbers, shall be presented to the Marina Manager or his/her designee within thirty (30) days in advance monthly, following full execution of this Agreement. User shall prepare a complete monthly statement of all admission tickets sold or distributed as complimentary tickets. User shall have the right to print and design the tickets, and place advertising thereon. City shall permit User to utilize a maximum of 1 % of the total number of tickets, which User is authorized to have printed for various tours as Complimentary Tickets for promotional purposes. Complimentary Tickets issued in excess of the 1 % limitation shall have a value equal to the average ticket price offered for sale to the public and shall be included in the calculation of gross ticket sales for determination of the Ticket Surcharge as described in Section A above. C. AUDIT AND INSPECTION RIGHTS: The City may, at reasonable times, and for a period of up to three (3) years following the expiration of the Use Period, audit, or cause to be audited, those books and records of User which are related to this Agreement. User agrees to maintain all such books and records at its principal place of business for a period of three (3) years after expiration of the Use Period. Attention: Marinas Manager Miamarina 401 Biscayne Blvd. Miami, FL 33132 W itness By: Marinas Manager By: Witness LICENSEE (Vessel Owner)