EFTA00788081.pdf

Case: 3:18-cv-00069-CVG-RM Document #: 1-1 Filed: 09/04/18 Page 1 of 4 CROWN BAY MARINA Suite 528, 8168 SubBase, St. Thomas, U.S.V.I., 00802 Tel: (340) 7742255 Fax: (340) 776-2760 LICENSE AGREEMENT FOR DOCKAGE SLIP # VESSEL NAME: LENGTH: 803 * Big N >ai 70 FOLIO # OWNER CAPTAIN: BEAM: 37031 Rodriguez Ann 20 ARRIVAL DATE: DRAFT: 9/3/2017 6 DEPARTURE DATE: 9/7/2017 OWNER OR AUTIjORizEq AGENTS ADDRESS: TEL (HM): 6100 Ea Nook OK 62 MOBILE: 642-2587 FAX: Si. rifynted, Yir- color. E-MAIL Ownership and No Assionment: The person who has signed this Agreement as Owner hereby represents and warrants that he is In fact and in law the true owner of the Vessel or the duly authorized and empowered agent of the Owner, and that he has full power and right to enter into this Agreement for himself and for the Vessel, and that there are no restrictions of any kind upon him or the Vessel which limit or restrict his right and power to bind himself and the Vessel to each and every term and oand" f this Agreement. In the event of any change of ownership of the Vessel. Owner shall give notic. Marina. main responsible to Marina for all sums due and owing hereunder until such new owner en Marina, or 1 .i Ves is removed. This Agreement is not transfer bte or assignable in any way without the expre - q 3 / APTAIN'S •IGNATURE ATE: TERMS AND CONDITIONS Crown Bay Manna (the 'Marina') hereby agrees to provide the Owner (herein OR OTHERWISE NOT WITHSTANDING THE ABOVE, NOTHING HEREIN defined as 'Omer or 'Owners Agent') and Owner hereby agrees to accept SHALL BE CONSTRUED TO CREATE ANY DUTY. OBLIGATION OR (torn Manna dockage space at the boat de) assigned by Manna (the 13oal RESPONSIBILITY ON THE PART OF MARINA TV ACT IN SUCH to be used solely for the vessel described on the Registration Card (which CIRCUMSTANCES AND NOTHING HEREIN SHALL BE CONSTRUED TO together with at of said vessel's mows, engines, machinery. riggings. tackle, CREATE ANY LIABILITY ON THE PART OF MARINA FOR FAILING TO ACT apparel. ow:arrant. furniture, accessories and all other appurtenances IN SUCH CIRCUMSTANCES. hereinafter collmbvely referred to as (Me 'Vessell all upon the terms and 5. Security of the Vessel: Manna assumes no responsibility for and shalt subject to the conditions sal forth below. not be Hatte for the care. protection and security of the Vessel. Use of the Boat 1. Unless terminated earlier pursuant to the terms hereof. Ms Agreement Slip and other facilities of Mafia shall be al the sole risk 01 Vessel's Parties. shall imamate at 11.00 a.m, on the departure date. Payment of Owner's Owner hereby releases and discharges Manna end agrees to indemnity and account, Including. wermit limitation. all dockage fees. must be made prior to hold Marina harmless from and against any and all kabarties and Nairn, by lepariure. reason of any intrusion. theft• vandalism. arson or other cnminal acts of any kind 2. The Intention of the genres is to create a license for the use of dock or degree on or about the Vessel whether on land or by water. If Owner shall space is accordance with the Marina Rules and Regulations only with Manna as permit any other person to use the Vessel by way of chaser (which Includes hire Licansor and Omer as Licensee. This Agreement confers no leasehold interest or loan/. such person shall produce to Marina written evidence of such upon Owner. agreement failing which the Marina reserves the right lo prevent the departure of the Vessel. 3. Marina's Rules and Regulations. which are posted at Marina's ace. are incorporated herein by reference and made a part hereof. Manna reserves 6. OWNER HEREBY GRANTS TO MARINA A LIEN ON THE VESSEL the right to alter, amend and modify these Rules and Regulations at any time by AND A SECURITY INTEREST THEREIN TO SECURE THE PAYMENT OF posting new ones al Marina's office on by furnishing Owner a person In charge ANY AND ALL DOCKAGE FEES. CHARGES OR OTHER SUMS DUE Of the Vessel with a copy of the new Rules and Regulations. Owner and his HEREUNDER AND FOR ANY OTHER SERVICES OR MATERIALS agents, guests. invitees and employees slat comply with the Rules and RENDERED OR SUPPLIED TO OWNER BY OR ON BEHALF OF MARINA. Regulations of Marina and shall also comply with and conform to the laws, TN, lien shell be in addition to any other rerreGes otherwise available to Manna regulations and rules of the Tomlin of the V.S. Virgin Islands and the United hereunder of at taw or in equity. It Is StitactaCalty agreed that the use et the Boat States of America as and to the extent. they may be applicably. Slip and al services or materials provided to Owner by a on behalf of Marina 4. Owner warrants and represents that all times during the term of this ate provided to the Vessel for the credit of the Vessel, and it is understood Agreement. the Vessel stall be maintained Ina safe and seaworthy condition by between the panes hereto that Marina is relying primarily upon the credit of the Owner and shall be operated In a Careful and safe manner so as not to Cause Vessel for the enforcement of its claim for Dockage Fees and charges (or other damage to Marina'S facilites a to any other progeny, vessel a persons. services or materials supplied to the Vessel. In any action. in rem or in persona. by marinate clefts a lien of whatever nature, any bond posted pursuant to law OWNER AUTHORIZES MARINA TO TAKE APPROPRIATE ACTIONS AS MARINA SHALL DETERMINE IN ITS SOLE DISCRETION INCLUDING. releasing the Vessel to Owner shall include en amount sufficient to cover WITHOUT LIMITATION. REMOVING THE VESSEL FROM MARINA'S Marina's reasonable attorneys fees and costs provided that Marina may have the amount of any bond posted increased to ensure the posted amount PREMISES AT OWNER'S SOLE RISK AND EXPENSE TO AGATE, MITIGATE AND OTHERWISE DEAL WITH THE DANGER AND HAZARDS THAT IN adequately covers all amounts claimed. including interest. costs and attorney's fees without any limiuton 10 any right or remedy Marina may bait. whether at LIARem'S JUDGMENT APPEAR TO BE PRESENT OR FORESEEABLE BY law or in equity. Owner agrees to Manna's use of Federal Admiralty procedure REASON OF ANY UNSAFE OR UNSEAWORTHY CONDITION OF THE VESSEL OR THE OPERATION Of THE VESSEL IN AN UNSAFE MANNER in rem under Supplemental Aranitagy Rule C. • 1 EXHIBIT EFTA00788081 EFTA00788082 7. Owner, at his sole cost and expense, agrees to procure and maintain in. HEREUNDER HAVE BEEN PAID TO MARINA AND OWNER HEFtEEPK, force during the entire term or this Agreement Indemnity Insurance covering Ihe GRANTS MARINA THE RIGHT TO PLACE A LOCK ON THE MOWING OF Vessel and protecting Owner and Marina against all claims, demands, suits and THE VESSEL UNTIL SUCH TIME AS ALL SUCH MONIES O11rbO Tb MARINA' Judgments in pacy arnounts of not less than 51.000.000 for claims arising within HAVE BEEN PAID IN FULL. SUCH REMEDY BEING IN ADDITION TO ANY the coverage of said policies. Owners insurance policy shall specifically cover OTHER REMEDIES AVAILABLE TO MARINA HEREUNDER AT LAW OR IN the risks undertaken in Paragraph 10 of this Agreement and the Owner or EOUITY. Owners Agent agrees to name Marina as an additional insured. Such insurance II Paul:ore Owner represents and warrants that Owner and Vessel shall policies shall provide that Marina shall receive at least Dirty days (30) written comply in all respects with Federal Water Pollution Acts (33 U.S.G. Section 1321 notice prior to cancellation thereof. Certificates or certified copies ci said • prohibiting discharge of di or oily wain 33 US.C. Section 1322 - prohibiting insurance policies shall be provided to Marina upon demand. discharge of untreated sewage and all other applicable Federal and Terntirial 8. Storms and Other Emergencies: The Owner shall make suitable laws and regulations. arrangements for safe, sheltered anchorage during tropical storms. hurrICaneS 14. Vessel Away from Boat Slip: Owner shall advise Manna when he or otter inclement weather and Owner hereby warrants such arrandomeMs expects Na Vessel 10 be away from the Boat Slip and the expected date of have or will be made. Owner may not assume that Marina's premises we be a return of the Vessel. Marna reserves the right to rent the Boat SIO when vacant safe. sheltered anchorage during tropical stems or klfrICanes. In the event of and alt revenues received from such rental shall inure to Marina. any impending tropical storm. hunlcane or other emergency. Manna In its sole 15. Reassignment to Boat Slip: Marina reserves the right at its sole otsofetoni reserves the NIA 10 demand that all vessels evacuate the Marina discretion• to reassign, move or transfer the Vessel from sip to slip or slip to and further reserves the right to move or evacuate any unattended vessels at mooring:anchor as deemed necessary by Maiina. Subleasing of slips and Owners sole risk and expense. UNDERTAKING TO MOVE OR EVACUATE THE VESSEL SHALL NOT 8E DEEMED AN ASSUMPTION OF transferring boats between saps is not Owed except by Marina. RESPONSIBILITY FOR THE SAFETY. SECURITY AND CARE OF THE 18. Notices: Notices to Owner shall be deemed to be served properly if VESSEL BY MARINA, NOR SHALL MARINA BE DEEMED A BAILEE OF THE posted in wilting addressed to Owner at a place and in a mart.. on the Vessel VESSEL Owner of any unattended vessel left in Marina must (1) Provide Marina which is reasonably susceptible of ghing notice to anyone lawfuly boarding the with name, address and telephone number or caretaker authorized to remove Vessel or. In teu thereof. upon depositing n the US. Mat written notice to Vessel from Marina and (2) provWe proof of insurance. Owner, registered or certified, postage prepaid. to Owner's Biting Address as shown on the Registration Card. Notice to Marna shall be deemed served only if 9. Indemnity and Disclaimer. Marina will attempt to furnish regular and given in writing and delivered personally to the Director of Marina Operations or uninterrupted electric and water service, but it cannot guarantee either. primanly mailed by registered or certified mail, postage prepaid, return receipt reeuested because Marina obtains its electricity and water for resale from the Virgin Islands Water and Power Authority. which provides no such guarantee. to the Director or Manna Operations. Therefore, Marina disclaims any liability to the Vessel. the Vessel's panes and 17. Governing Law. Venue. and Limitation of Action: This Agreement others for all loss, damage Or Wised to Persons Or :0 property arising out of or in shalt be governed by. construed and enforced in accordance with the Laws of any way connected with as acts, omissions, or negligence in furnishing the Temtory of the U.S. Virgin islarKIS and the United States of America. Any electricity and water, except in the events such loss, damage or Injury is directly action at law, suit in equity, or other (medal proceeding relating to a concerning and sorely the result of Marina's willful misconduct or gross negligence. this Agreement shag be instituted and prosecuted in the District Court of the ID. Owner shall be liable for at damages to the Boat Slip and other Virgin Islands. Division of SL Thomas and St. John and each party waives any right to change of venue. EVERY ACTION AT LAW. SUIT IN EQUITY OR facilities owned by Manna and other Wats or vessels or persons on or about OTHER JUDICIAL PROCEEDING TO ENFORCE THE PROVISIONS OF THIS Marines premises caused by the Vessel. Owner's employees, family, agents. AGREEMENT OR FOR THE BREACH THEREOF OR FOR ANY ACT. invitees or guests (collectively referred to as the 'Vessel's Partee). Owner, for Noised. his heirs and assigns, hereby agrees to indemnify. save and hold OMISSION OR NEGLIGENCE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE BARRED UNLESS IT IS COMMENCED AND harmless Marina and any of their respective affiliates and their respective PROCESS IS SERVED WITHIN ONE YEAR AFTER THE COURSE OF successors and assigns from and against any and all loss, damage, liability, ACTION HAS ACCRUED. AND IN NO EVENT SHALL ANY SUCH ACTION. claims, demands, or sus of any nature whatsoever arising out of or in any way connected with the use of Marina's faolities by any of the Vessel's Parties, the SUIT OR PROCEEDING BE MAINTAINED UNLESS IT IS COMMENCED moving of the Vessel or Owners ear or personal WITHIN THREE YEARS FROM THE DATE OF EXECUTION OF THIS property in or around Marina's AGREEMENT. premises. or arising out of or in any way connected with any services rendered or lo be rendered or materials furnished or 10 be furnished to any of the Vessel's 18. Partial Invalidly. No Implied Waivers and Entire Understanding: if any Parties, or otherwise connected with this Agreement. WHETHER LOSS OR portion of this Agreement shall be deemed or declared unenforceable. the DAMAGE LS TO PROPERTY OWNED OR LEASED BY MARINA• OR ANY remaining portions of this Agreement shall remain In full force and effect. No OTHER PERSONS PROPERTY OR TO PERSONS ON OR ABOUT MARINA'S course of dealing nor any failure or delay with respect to exempting any night. PREMISES (INCLUDING. WITHOUT LIMITATION, ANY OF THE VESSEL'S power or privilege under this Agreement shall operate as a waiver thereof. This PARTIES) AND WHETHER SUCH LOSS IS THE RESULT OF THE Agreement. the Registration Card, and Marina's Rules and Regulations. as NEGLIGENCE OF MARINA OR MARINA'S AGENTS Oft EMPLOYEES. amended from time to time, set forth the snore understanding of the parties EXCEPT IN THE EVENT SUCH LOSS OR DAMAGE IS DIRECTLY AND hereto and no representations. promise. Inducement or statement of intention SOLELY THE RESULT OF THE WILLFUL. MISCONDUCT OF MARINA OR ITS relating to the subject matter hereof has been made by any party witch is not AUTHORIZED AGENTS OR EMPLOYEES. Further, Owner. for himself, his set forth therein. Except as otherwise provided herein, INS Agreement shall not heirs and assigns. hereby releases and hold harmless Marina Operators and be modified, altered or amended except by an Instrument in writing signed by or Manna Owners and any of their respective affiliates and their respective on behalf of the parties hereto. successors and assigns from any and all liataly for loss or damage of whatever 19. Assignment Owner shall not assign this Agreement (including nature to the Vessel or other property belonging to or in the custody of any of assignment to any purchaser of Vessel during the term of this Agreement) to the Vessel's Panes, arising out of or in any way connected with (I) fire. theft any other person or entity without Marina's prior written consent. Any attempt to collision, hurricane, conditions of tide. wind current. Acts of God or Othtt natural assign or assignment of this Agreement by Owner in violation of this Agreement forces, or (I) ACTS OR OMISSIONS OF MARINA OR MARINA'S AGENTS OR shall be void and unenforceable and shall excuse Marina from further EMPLOYEES, OR THE NEGLIGENCE OF ANY OF SUCH PARTIES. EXCEPT performance of this Agreement and shall teminate this Agreement. Owner shall IN THE EVENT SUCH LOSS OR DAMAGE IS DIRECTLY AND SOLELY THE not substittee another vessel for the Vessel described on the Registration Card RESULT OF THE WILLFUL MISCONDUCT OF MARINA OR ANY OF ITS without prior written consent of Manna. AUTHORIZED AGENTS OR EMPLOYEES. 20. Construction of Terms: The terms used in this Agreement and the 11. Apparent Authority. Owner agrees that. unless Marina is otherwise Rules and Regulations shall be interchangeable and have the meaning nobted in advance in vetting, anyone in Patession of or apparent charge of the prescribed to all such terms in all such documents. The use of the mastOine Vessel shall be deemed to have the authority to act on behalf of Owner and gender shall be construed to Include the feminine gender. The use of the marina shall be entitled to accept and act in reliance upon orders or requests by singular form of expression shag be construed to Include the plural, as required such persons for services. supplies, work. labor and other material of any kind by the context. for the benefit of Vessel 21. Attorney's Fees: Should it become necessary for Marina to obtain the 12. Notwithstanding any contrail, provision contained herein. Manna may services of a collection agency or attorney to collect sums due and owing terminate this Agreement for any reason (with or without cause) upon wr nen hereunder, or to enforce the liens of Manna, or to enforce any other provision of notice to Owner given In accordance with Section 18 hereof. Owner agrees that Ws Agreement then Owner shall pay all costs and expenses. including at the end of the lens of Ills Agreement or upon termination ci this Agreement reasonable a 's fees, and al court costs incurred by Marina. as provided herein. Owner wilt remove the Vessel from the Boat Sap in a careful. cknowledgrnenc Owner hereby acknowledges that Owner has seamanlike manner. leaving al facilities and utilities in good order and condition. and fully understands this Licens greement end the Marina Rules reasonable 'near and ION excepted. Owner agrees that if he fads to remove the and Regul Vessel by 1140 am, on the departure date. Owner shall be charged for an ex full day of dockage. ANYTHING CONTAINED IN THIS AGREEMENT T E CONTRARY, OWNER SHALL NOT HAVE THE RIGHT TO REMO THE VESSEL OR ANY PART THEREOF FROM MARINA'S PREMISES U IL ALL DOCKAGE FEES, OTHER CHARGES AND LIENS OWING BYO FR RE OF OWNEROR 9 .31/ 7 DATE 2 V Jo z abed 8-1/17O/6O :Pall3 luawnaoa ini2:1-OAO-69000-A3- 8LE :asej  Case: 3:18-cv-00069-CVG-RM Document #:).-1 Filed: 09/04/18 Page 3 of 4 • CROWN BAY MARINA DAYWORKER AGREEMENT OF WAIVER OF LIABILITY AND ASSUMPTION OF RISK To be signed by Owner/Captain I am the Captain and/or Owner of the below mentioned vessel. I DO/DO NOT (Circle one) intend to hire or contract with day workers who are not employed by Crown Bay Marina, to work on my vessel while berthed at Crown Bay Marina. I agree, that should I hire or contract with day workers, to waive any right or legal or legal action of any kind against Crown Bay Marina, it's agents or employees, from any damages resulting from this work or any action of the worker. I know that working on a vessel or in a marina is dangerous work. I know that this worker and other people could be hurt as a result of this worker's actions. I know that this worker could damage or destroy property owned by others or me. I voluntarily assume responsibility for the actions of this worker while under my employ and assume the risks thereof. I agree to assume primary control of this worker's actions. I know that Crown Bay Marina, it's employees and agents are not responsible for anything that this worker does. I therefore agree, for myself, heirs, administrators and assigns, to assigns, to RELEASE, DISCHARGE AND HOLD HARMLESS Crown Bay Marina, it's employees and agents, from all claims and legal actions for any injuries I or this worker has, or damage to any property, whether or not caused by the negligence or gross negligence of Crown Bay Marina, it's agents or employees, or from any defective equipment. I agree that, by employing this worker on Crown Bay Marina property, I am voluntarily assuming the risks of any injury or property damage that might happen for ANY REASON. I agree that I may not bring any lawsuit or claim of any kind against Crown Bay Marina, It's agents or employees, for any injuries and/or property damage. If I should bring a claim or lawsuit in violation of this agreement, I agree that I shall be liable to Crown Bay Marina for all reasonable attorney's fees and expenses incurred in defending against such a claim or lawsuit. 1 further agree to indemnify and reimburse Crown Bay Marina, it's agents, employees or assigns for any injury and/or property damage caused to any property or person as a RESULT OF ANY ACTION OR INACTION ON MY PART. This includes the cost of reasonable attorney's fees and expenses incurred by Crown Bay Marina in defending against any such suit. I agree that this agreement is being entered into the Territory of the Virgin Islands, and the laws of the Virgin Islands shall govern its terms and conditions. I agree that if any term or conditions is found to be invalid under the laws of the Virgin Islands, this term or conditions shall be stricken from this agreement without affecting the other terms and conditions. By signing below, I acknowledge that I H READ AND DO UNDERSTAND ALL THE ABOVE CONCERNING THE AGREEMENT OF R OF LITY AND ASSUMPTION OF RISK. SIGNED: Date: Print Name: Title: E Name of Vessel: 3 EFTA00788083  Case: 3:18-cv-00069-CVG-RM Document #: 1-1 Filed: 09/04/18 Page 4 of 4 CROWN BAY MARINA 2017 HURRICANE EVACUATION PROTOCOL 2. owner/agent of the vessel Sigrdance the following Hurricane Evacuation Protocol in ac Al with literms L•-• docked in below. 1. Must have a signed Crown Bay Marina License Aoreement for Dockage on file. 2. The Marina in its sole discretion reserves the right to demand that all vessels evacuate the Marina and further reserves the right to move or evacuate any unattended vessels at Owner's sole risk and expense. 3. The Owner of any unattended vessel left in Marina AT ANY TIME must (1) provide Marina with name. address and telephone number of caretaker (on St. Thomas, U.S.V.I.) authorized to remove Vessel from Marina. If Instructed to do so by the Marina's Management. 4. All vessels upon arrival must provide proof of valid liability insurance coverage with an amount the greater of; the Vessel or $1.0 million per incident. (Copy of insurance certificate must be attached.) 5. The Owner shall be liable for all damages to the Boat Slip and other facilities owned by the Marina and other boats or vessels or persons on or about Marina's premises caused by the Vessel, Owner's employees, family, agents, invitees or guests (collectively referred to as the Vessels Parties). ••• 6. Any Vessel remaining in the Marina after closing of the port or a mandatory evacuation called by the Marina's Management and will be subject to a $1,000.00 per day charge. This charge includes any vessel of any length. If the port opens up half day you are still subject to the $1,000.00 per day. This charge is above and beyond the cost stated in Section 4 of your license agreement. This charge must be settled before the vessel departs the marina. 7. Any Vessel requesting dockage or already docked in Crown Bay Marina when an official 'storm watch* Is called is subject to all above terms. It is further understood that the Marina's policy is to disconnect utility services during hurricane season at many slips and does not guarantee the slip that you would be assigned to will have utilities available. CROWN BAY MARINA SHOULD NOT BE CONSIDERED A SAFE HARBOR DURING TROPICAL WEATHER CONDITIONS. I have , underst•n the abcnie fArms er/Ovmers Agent Signature print Name 4 EFTA00788084