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 # 803 FOLIO # 37031 ARRIVAL DATE: 9/3/2017 DEPARTURE DATE: 9/7/2017 VESSEL NAME: * Big N >ai OWNER CAPTAIN: Rodriguez Ann OWNER OR AUTIjORizEq AGENTS ADDRESS: 6100 Ea Nook OK 62 Si. rifynted, Yir- color. LENGTH: 70 BEAM: 20 DRAFT: 6 TEL (HM): MOBILE: 642-2587 FAX: 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 - APTAIN'S •IGNATURE TERMS AND CONDITIONS Crown Bay Manna (the 'Marina') hereby agrees to provide the Owner (herein defined as 'Omer or 'Owners Agent') and Owner hereby agrees to accept (torn Manna dockage space at the boat de) assigned by Manna (the 13oal to be used solely for the vessel described on the Registration Card (which together with at of said vessel's mows, engines, machinery. riggings. tackle, apparel. ow:arrant. furniture, accessories and all other appurtenances hereinafter collmbvely referred to as (Me 'Vessell all upon the terms and subject to the conditions sal forth below. 1. Unless terminated earlier pursuant to the terms hereof. Ms Agreement shall imamate at 11.00 a.m, on the departure date. Payment of Owner's account, Including. wermit limitation. all dockage fees. must be made prior to lepariure. 2. The Intention of the genres is to create a license for the use of dock space is accordance with the Marina Rules and Regulations only with Manna as Licansor and Omer as Licensee. This Agreement confers no leasehold interest upon Owner. 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 the right to alter, amend and modify these Rules and Regulations at any time by posting new ones al Marina's office on by furnishing Owner a person In charge Of the Vessel with a copy of the new Rules and Regulations. Owner and his agents, guests. invitees and employees slat comply with the Rules and Regulations of Marina and shall also comply with and conform to the laws, regulations and rules of the Tomlin of the V.S. Virgin Islands and the United States of America as and to the extent. they may be applicably. 4. Owner warrants and represents that all times during the term of this Agreement. the Vessel stall be maintained Ina safe and seaworthy condition by Owner and shall be operated In a Careful and safe manner so as not to Cause damage to Marina'S facilites a to any other progeny, vessel a persons. OWNER AUTHORIZES MARINA TO TAKE APPROPRIATE ACTIONS AS MARINA SHALL DETERMINE IN ITS SOLE DISCRETION INCLUDING. WITHOUT LIMITATION. REMOVING THE VESSEL FROM MARINA'S PREMISES AT OWNER'S SOLE RISK AND EXPENSE TO AGATE, MITIGATE AND OTHERWISE DEAL WITH THE DANGER AND HAZARDS THAT IN LIARem'S JUDGMENT APPEAR TO BE PRESENT OR FORESEEABLE BY REASON OF ANY UNSAFE OR UNSEAWORTHY CONDITION OF THE VESSEL OR THE OPERATION Of THE VESSEL IN AN UNSAFE MANNER 1 q 3 / ATE: OR OTHERWISE NOT WITHSTANDING THE ABOVE, NOTHING HEREIN SHALL BE CONSTRUED TO CREATE ANY DUTY. OBLIGATION OR RESPONSIBILITY ON THE PART OF MARINA TV ACT IN SUCH CIRCUMSTANCES AND NOTHING HEREIN SHALL BE CONSTRUED TO CREATE ANY LIABILITY ON THE PART OF MARINA FOR FAILING TO ACT IN SUCH CIRCUMSTANCES. 5. Security of the Vessel: Manna assumes no responsibility for and shalt not be Hatte for the care. protection and security of the Vessel. Use of the Boat Slip and other facilities of Mafia shall be al the sole risk 01 Vessel's Parties. Owner hereby releases and discharges Manna end agrees to indemnity and hold Marina harmless from and against any and all kabarties and Nairn, by reason of any intrusion. theft• vandalism. arson or other cnminal acts of any kind or degree on or about the Vessel whether on land or by water. If Owner shall permit any other person to use the Vessel by way of chaser (which Includes hire or loan/. such person shall produce to Marina written evidence of such agreement failing which the Marina reserves the right lo prevent the departure of the Vessel. 6. OWNER HEREBY GRANTS TO MARINA A LIEN ON THE VESSEL AND A SECURITY INTEREST THEREIN TO SECURE THE PAYMENT OF ANY AND ALL DOCKAGE FEES. CHARGES OR OTHER SUMS DUE HEREUNDER AND FOR ANY OTHER SERVICES OR MATERIALS RENDERED OR SUPPLIED TO OWNER BY OR ON BEHALF OF MARINA. TN, lien shell be in addition to any other rerreGes otherwise available to Manna hereunder of at taw or in equity. It Is StitactaCalty agreed that the use et the Boat Slip and al services or materials provided to Owner by a on behalf of Marina ate provided to the Vessel for the credit of the Vessel, and it is understood between the panes hereto that Marina is relying primarily upon the credit of the Vessel for the enforcement of its claim for Dockage Fees and charges (or other 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 releasing the Vessel to Owner shall include en amount sufficient to cover Marina's reasonable attorneys fees and costs provided that Marina may have the amount of any bond posted increased to ensure the posted amount 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 law or in equity. Owner agrees to Manna's use of Federal Admiralty procedure in rem under Supplemental Aranitagy Rule C. • EXHIBIT EFTA00788081 in. maintain and procure to agrees expense, and cost sole his at Owner, 7. Ihe covering Insurance Indemnity Agreement this or term entire the during force and suits demands, claims, all against Marina and Owner protecting and Vessel within arising claims for 51.000.000 than less not of arnounts pacy in Judgments cover specifically shall policy insurance Owners policies. said of coverage the or Owner the and Agreement this of 10 Paragraph in undertaken risks the insurance Such insured. additional an as Marina name to agrees Agent Owners written (30) days Dirty least at receive shall Marina that provide shall policies said ci copies certified or Certificates thereof. cancellation to prior notice demand. upon Marina to provided be shall policies insurance suitable make shall Owner The Emergencies: Other and Storms 8. hurrICaneS storms. tropical during anchorage sheltered safe, for arrangements arrandomeMs such warrants hereby Owner and weather inclement otter or a be we premises Marina's that assume not may Owner made. be will or have of event the In klfrICanes. or stems tropical during anchorage sheltered safe. sole its In Manna emergency. other or hunlcane storm. tropical impending any otsofetoni Marina the evacuate vessels all that demand 10 NIA the reserves at vessels unattended any evacuate or move to right the reserves further and EVACUATE OR MOVE TO UNDERTAKING expense. and risk sole Owners OF ASSUMPTION AN DEEMED 8E NOT SHALL VESSEL THE THE OF CARE AND SECURITY SAFETY. THE FOR RESPONSIBILITY THE OF BAILEE A DEEMED BE MARINA SHALL NOR MARINA, BY VESSEL Marina Provide (1) must Marina in left vessel unattended any of Owner VESSEL remove to authorized caretaker or number telephone and address name, with insurance. of proof provWe (2) and Marina from Vessel and regular furnish to attempt will Marina Disclaimer. and Indemnity 9. primanly either. guarantee cannot it but service, water and electric uninterrupted Virgin the from resale for water and electricity its obtains Marina because guarantee. such no provides which Authority. Power and Water Islands and panes Vessel's the Vessel. the to liability any disclaims Marina Therefore, in or of out arising property :0 Or Persons to Wised Or damage loss, all for others furnishing in negligence or omissions, acts, as with connected way any directly is Injury or damage loss, such events the in except water, and electricity negligence. gross or misconduct willful Marina's of result the sorely and other and Slip Boat the to damages at for liable be shall Owner ID. about or on persons or vessels or Wats other and Manna by owned facilities agents. family, employees, Owner's Vessel. the by caused premises Marines for Owner, Partee). 'Vessel's the as to referred (collectively guests or invitees hold and save indemnify. to agrees hereby assigns, and heirs his Noised. respective their and affiliates respective their of any and Marina harmless liability, damage, loss, all and any against and from assigns and successors way any in or of out arising whatsoever nature any of sus or demands, claims, the Parties, Vessel's the of any by faolities Marina's of use the with connected Marina's around or in property personal or ear Owners or Vessel the of moving rendered services any with connected way any in or of out arising or premises. Vessel's the of any to furnished be 10 or furnished materials or rendered be lo or OR LOSS WHETHER Agreement. this with connected otherwise or Parties, ANY OR • MARINA BY LEASED OR OWNED PROPERTY TO LS DAMAGE MARINA'S ABOUT OR ON PERSONS TO OR PROPERTY PERSONS OTHER VESSEL'S THE OF ANY LIMITATION, WITHOUT (INCLUDING. PREMISES THE OF RESULT THE IS LOSS SUCH WHETHER AND PARTIES) EMPLOYEES. Oft AGENTS MARINA'S OR MARINA OF NEGLIGENCE AND DIRECTLY IS DAMAGE OR LOSS SUCH EVENT THE IN EXCEPT ITS OR MARINA OF MISCONDUCT WILLFUL. THE OF RESULT THE SOLELY his himself, for Owner. Further, EMPLOYEES. OR AGENTS AUTHORIZED and Operators Marina harmless hold and releases hereby assigns. and heirs respective their and affiliates respective their of any and Owners Manna whatever of damage or loss for liataly all and any from assigns and successors of any of custody the in or to belonging property other or Vessel the to nature theft fire. (I) with connected way any in or of out arising Panes, Vessel's the natural Othtt or God of Acts current. wind tide. of conditions hurricane, collision, OR AGENTS MARINA'S OR MARINA OF OMISSIONS OR ACTS (I) or forces, EXCEPT PARTIES. SUCH OF ANY OF NEGLIGENCE THE OR EMPLOYEES, THE SOLELY AND RECTLY DI IS DAMAGE OR LOSS SUCH EVENT THE IN ITS OF ANY OR MARINA OF MISCONDUCT WILLFUL THE OF RESULT EMPLOYEES. OR AGENTS AUTHORIZED agrees Owner Authority. Apparent 11. otherwise is Marina unless that. of charge apparent or of Patession in anyone vetting, in advance in nobted the and Owner of behalf on act to authority the have to deemed be shall Vessel by requests or orders upon reliance in act and accept to entitled be shall marina kind any of material other and labor work. supplies, services. for persons such Vessel of benefit the for may Manna herein. contained provision , contrail any Notwithstanding 12. nen wr upon cause) out th wi or (with reason any for Agreement this terminate that agrees Owner hereof. 18 Section with accordance In given Owner to notice Agreement this ci termination upon or Agreement Ills of lens the of end the at careful. a in Sap Boat the from Vessel the remove wilt Owner herein. provided as condition. and order good in utilities and facilities al leaving manner. seamanlike the remove to fads he if that agrees Owner excepted. ION and 'near reasonable ex an for charged be shall Owner date. departure the on am, 1140 by Vessel E T AGREEMENT THIS IN CONTAINED ANYTHING dockage. of day full THE REMO TO RIGHT THE HAVE NOT SHALL OWNER CONTRARY, ALL IL U PREMISES MARINA'S FROM THEREOF PART ANY OR VESSEL FR BYO OWING LIENS AND CHARGES OTHER FEES, DOCKAGE HEFtEEPK, OWNER AND MARINA TO PAID BEEN HAVE HEREUNDER OF MOWING THE ON LOCK A PLACE TO RIGHT THE MARINA GRANTS MARINA' Tb bO O11r MONIES SUCH ALL AS TIME SUCH UNTIL VESSEL THE ANY TO ADDITION IN BEING REMEDY SUCH FULL. IN PAID BEEN HAVE IN OR LAW AT HEREUNDER MARINA TO AVAILABLE REMEDIES OTHER EOUITY. shall Vessel and Owner at th warrants and represents Owner Paul:ore II 1321 Section U.S.G. (33 Acts Pollution Water Federal with respects all in comply prohibiting - 1322 Section US.C. 33 wain oily or di of discharge prohibiting • Terntirial and Federal applicable other all and sewage untreated of discharge regulations. and laws he when Manna advise shall Owner Slip: Boat from Away Vessel 14. of date expected e th and Slip Boat the from away be 10 Vessel Na expects vacant when SIO Boat the rent to right e th reserves Marna Vessel. the of return Marina. to inure shall rental such from received revenues alt and sole its at right e th reserves Marina Slip: Boat to Reassignment 15. to slip or slip to sip from Vessel the transfer or move reassign, to discretion• and slips of Subleasing Maiina. by necessary deemed as mooring:anchor Marina. by except Owed not is saps between boats transferring if properly served be to deemed be shall Owner to Notices Notices: 18. Vessel the on mart.. a in and place a at Owner to addressed wilting in posted the boarding lawfuly anyone to notice ghing of susceptible reasonably is which to notice written Mat US. the n depositing upon thereof. teu In or. Vessel as Address Biting Owner's to prepaid. postage certified, or registered Owner, if only served deemed be shall Marna to Notice Card. Registration the on shown or Operations Marina of Director e th to personally delivered and writing in given reeuested receipt return prepaid, postage mail, certified or registered by mailed Operations. Manna or Director the to Agreement This Action: of Limitation and Venue. Law. Governing 17. of Laws the with accordance in enforced and construed by. governed be shalt Any America. of States United the and islarKIS Virgin U.S. the of Temtory the concerning a to relating proceeding (medal other or equity, in suit law, at action the of Court District the in prosecuted and stituted in be shag Agreement this any waives party each and John St. and Thomas SL of Division Islands. Virgin OR EQUITY IN SUIT LAW. AT ACTION EVERY venue. of change to right THIS OF PROVISIONS THE ENFORCE TO PROCEEDING JUDICIAL OTHER ACT. ANY FOR OR THEREOF BREACH THE FOR OR AGREEMENT THIS TO RELATING OR OF OUT ARISING NEGLIGENCE OR OMISSION AND COMMENCED IS IT UNLESS BARRED BE SHALL AGREEMENT OF COURSE THE AFTER YEAR ONE WITHIN SERVED IS PROCESS ACTION. SUCH ANY SHALL EVENT NO IN AND ACCRUED. HAS ACTION COMMENCED IS IT UNLESS MAINTAINED BE PROCEEDING OR SUIT THIS OF EXECUTION OF DATE THE FROM YEARS THREE WITHIN AGREEMENT. any if Understanding: Entire and Waivers Implied No Invalidly. Partial 18. the unenforceable. declared or deemed be shall Agreement this of portion of portions remaining No effect. and force full In remain shall Agreement this night. any exempting to respect with delay or failure any nor dealing of course This thereof. waiver a as operate shall Agreement this under privilege or power as Regulations. and Rules Marina's and Card, Registration the Agreement. parties the of understanding snore the forth set time, to me ti from amended intention of statement or Inducement promise. representations. no and hereto not is witch party any by made been has hereof matter subject the to relating not shall Agreement INS herein, provided otherwise as Except therein. forth set writing in Instrument an by except amended or altered modified, be or by signed hereto. parties the of behalf on (including Agreement this assign not shall Owner Assignment 19. to Agreement) this of term the during Vessel of purchaser any to assignment to attempt Any consent. written prior Marina's without entity or person other any Agreement this of violation in Owner by Agreement this of assignment or assign further from Marina excuse shall and unenforceable and void be shall shall Owner Agreement. this teminate shall and Agreement this of performance Card Registration the on described Vessel the for vessel another substittee not Manna. of consent written prior without the and Agreement this in used terms The Terms: of Construction 20. meaning the have and interchangeable be shall Regulations and Rules mastOine the of use The documents. such all in terms such all to prescribed of use The gender. feminine the Include to construed be shall gender the required as plural, the Include to construed be shag expression of form singular context. the by Marina for necessary become it Should Fees: Attorney's 21. e th obtain to owing and due sums collect to attorney or agency collection a of services of provision other any enforce to or Manna, of liens the enforce to or hereunder, including expenses. and costs all pay shall Owner then Agreement Ws Marina. by incurred costs court l a and fees, 's a reasonable has Owner that acknowledges hereby Owner cknowledgrnenc Rules Marina the end greement Licens this understands fully and Regul and 2 9 DATE OWNEROR OF RE 7 .31/ :Pall3 1/17O/6O - 8 abed z Jo V :asej 8LE - A3 - 69000 - OAO - ini2:1 luawnaoa EFTA00788082 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: Print Name: Title: Name of Vessel: E 3 Date: 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 Sig Al L•-• docked in the following Hurricane Evacuation Protocol in ac rdance with literms 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