EFTA00798407

AO440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Virgin Islands CROWN BAY MARINA, M. Plointiff(s) V. JEFFREY EPSTEIN & MICHELLE'S TRANSPORTATION COMPANY, LLC, AND BIG N BARGE, a 70' transport barge and her tackle, gear apparel and appurtenances, Delendont(s) Civil Action No. 2018-6 t7 SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) JEFFREY EPSTEIN & MICHELLE'S TRANSPORTATION COMPANY, LLC 6100 Red Hook Qtr., 8-3 St. Thomas, VI 00802 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: LAW OFFICES OF DUENSING & CASNER 9800 Buccaneer Mall, Bldg. 2, Suite 9 III. Box 6785 St. Thomas, VI 00804 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. Date: C' 194) • W t - 91,44-1-- CLERK OF COURT AP- - Signalus of C erk or Deputy Clerk EFTA00798407 Case: 3:18-cv-00069 Document #: 1 Filed: 09/04/18 Page 1 of 4 IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN CROWN BAY MARINA, Plaintiff, v. ) JEFFREY EPSTEIN & MICHELLE'S ) TRANSPORTATION COMPANY, LLC, and ) BIG N BARGE, a 70' transport barge and her ) tackle, gear, apparel and appurtenances, in rent, ) ) Defendants. ) CASE NO. ST-18-CV- 69 VERIFIED COMPLAINT Plaintiff Crown Bay Marina, M. ("CBM"), through undersigned counsel Duensing Casner, hereby files this Complaint against Jeffrey Epstein & Michelle's Transportation Company, LTC ("Defendant"), in personam, and Big N Barge and her tackle, gear, apparel and appurtenances ("Big N Barge"), in rem, as follows: 1. This Court has jurisdiction pursuant to 28 U.S.C.S. § 1333 as this is a civil case of admiralty and maritime jurisdiction. 2. Venue is proper pursuant to 28 U.S.C.S. § 1391, as the judicial district in which the events or omissions giving rise to this claim occurred. 3. CBM is a Delaware limited partnership with its principal place of business in Kirkland, Washington. 4. CBM is the owner of certain improved real property known as "Crown Bay Marina," 8168 Sub Base, St. Thomas, U.S. Virgin Islands (the "Marina"). EFTA00798408 Case: 3:18-cv-00069 Document #: 1 Filed: 09/04/18 Page 2 of 4 COMPLAINT Crown Bay Marino,. v. Epstein Page 2 5. Upon information and belief, Defendant Jeffrey Epstein & Michelle's Transportation Company, LLC is a limited liability company authorized to do business in the United States Virgin Islands and owner of the Defendant vessel, Big N Barge. 6. Defendant Big N Barge is a 70' transport barge owned by Defendant and utilized for coastal transportation. 7. On or about September 3, 2017, CBM and Defendant entered into that certain License Agreement For Dockage and 2017 Hurricane Evacuation Protocol ("Dockage Agreements"). See Dockage Agreements attached hereto as Exhibit A. 8. Pursuant to Section 10 of the License Agreement For Dockage, "[t]he owner shall be liable for all damages to the Boat Slip and other facilities owned by [CBM] and other boats or vessels or person on or about [CBM's] premises caused by the Vessel, Owner's employees, family, agents, invitees or guests ..." 9. Beginning on or about September 6, 2017, Hurricane Irma made landfall on St. Thomas, U.S.V.I. causing widespread destruction. 10. Defendant inadequately secured Big N Barge in its Boat Slip located in the Marina as Hurricane Irma approached and then made landfall at St. Thomas. 11. As a direct and proximate result, CBM sustained heavy damage caused by Defendant vessel to the concrete finger piers, pilings, wooden waters, cleats and other equipment, totaling not less than the presently estimated allocated amount of $160,473 necessary to repair and restore the damaged Marina and over $70,000 in allocated expenses to implement temporary repairs to minimize any loss of income. EFTA00798409 Case: 3:18-cv-00069 Document #: 1 Filed: 09/04/18 Page 3 of 4 COMPLAINT Crown Bay Marina, v. Epstein Page 3 12. CBM is entitled to judgment for the total costs necessary to repair and restore the Marina that was damaged as a result of Defendant's failure to properly secure its vessel during the occurrence of Hurricane Irma. 13. CBM is further entitled to a maritime lien against the vessel, Big N Barge, which may be enforced to secure payment for any damages awarded herein, pursuant to Rules C and E of the Supplemental Rules for Admiralty and Maritime Claims. WHEREFORE, CBM demands judgment against Defendants as follows: I. Awarding the total amount of the damages caused by Defendant's vessel, Big N Barge, during to the occurrence of Hurricane Irma; 2. Awarding and enforcing a maritime lien against Big N Barge, a 70' transport barge and her tackle, gear, apparel and appurtenances, to satisfy any monetary award rendered herein; 3. For pre- and post-judgment interest; 4. For attorney's fees and costs incurred in prosecuting this matter; and, 5. For such further relief as the Court may deem just and proper. EFTA00798410 Case: 3:18-cv-00069 Document #: 1 Filed: 09/04/18 Page 4 of 4 COMPLAINT Crown Bay Marina. E. v. Epstein Page 4 LAW OFFICES OF DUENSING & CASNER Dated: September 4, 2018 By: /s/Matthew J. Duensing Matthew J. Duensing, Esq. Joseph D. Sauerwein, Esq. 9800 Buccaneer Mall, Bldg. 2, Suite 9 M. Box 6785 St. Thomas, U.S.V.I. 00804 (340) 774-6011 (340) 776-8520 fax VERIFICATION I, the undersigned, Kosei Ohno, as the president of St. Thomas Marina Corporation, which is the general partner of Crown Bay Marina, M. and pursuant to Rule C of the Federal Supplemental Rules for Admiralty, in seeking a maritime lien, verify the following: I. That I have read the above Complaint and the allegations set forth therein are true and correct to the best of my knowledge; 2. That "Big N Barge" is a 70-foot transport barge with a 20 foot beam and 6 foot draft; and. 3. That upon information and belief, Big N Barge is within this jurisdiction. Kosei Ohno, President of St. Thomas Marina Corpor ion, its General Partner EFTA00798411 Case: 3:18-cv-00069 Document #: 1-1 Filed: 09/04/18 Page 1 of 4 CROWN BAY MARINA Sults 528, 8188 SubBase, St. Thomas, U.S.V.I., 00802 Tel: (340)7744255 Fax: (340)7784160 LICENSE AGREEMENT FOR DOCKAGE SLIP It VESSEL NAME: B03 Big N FOLIO N 37031 ARRIVAL DATE: 94/2017 DEPARTURE DATE: 9/7/2017 OWNER / CAPTAIN: Rodriguez Ann KEY N: OWNER OR AUTIVRIZEII? AGENT'S ADDRESS: 6100 Ea Rook atg 63 Sc 7Zonheis, ocirat LENGTH: 70 BEAM: 20 DRAFT: 6 TEL (HM): MOBILE: 642-2587 FAX: / E-MAIL: ON inn/oar; e OyAh00,60/4 Ownership and No Assienmen(: The person who has signed this Agreement as Owner hereby represents and warrants II131 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 cond' I this Agreement. In the event of any change of ownership of the Vessel. Owner shall give noUc ado in vii Marina. 0 ad main responsible to Marina for all sums due and owing hereunder until such new owner enl into an Agreement will Manna. Or is removed. This Agreement is not transfer ble or assignable in any way without the estate written consent of TERMS AND CONDITIONS Crown Bay Marina (the 'Marine) hereby agrees to provide the Owner (herein defined as 'Owner or "Owner's Agent') and Owner hereby agrees to accept from Marina dockage space at the Mal sl,p assigned by Manna (the 'Boat Sae) to be used salary rot the vessel deseriked on the Registration Card (which kneeler weh all ol said vend': motors, engines. macNnery. riggings. Tackle, appaiet, equipment fiimilure. accessories and al other appurtenances hereinafter ccleavely referred to as (the Vessel,. J4 upon the terms and subsea to the craMtcns set forth bele". I. Man terminate er pursuant to the terms hereof. Vs Agreement snail terminate at 11:00 on 12/0 departure dale. Payment of Owner's account. Including. without imitate. all dcckage fees, must be made prior la departure. 2. The intent= of the panics is to creates a license for the use of dock space in accordance with the Marina Rules and Reputations only with Marina as Licensor and Owner as Licensee. This Agreement confers no leasehold interest upon Owner. 3. Marina's Rules and Regulations. with are posted at Marina's Cate. are Incorporated herein by reference and made a part hereof. Manna reserves the eight to alter, amend and modify theta Rules and Regulations at any one by casting new ones at Marina's office or by gum:shire Owner or person In charge of the Vessel with a copy ol the new Rules and Regulations. Owner and Ns agents. guests. invitees and employees shal comply with the Rules and Regutatans of Marina and shad also comply with and conform to the laws. regulations and rules of the Territory of the U.S. Virgin Wanda and the United Sixes of America as and to the extent they may be applicable. 4. Owner warrants and represents that all times doting the term Of Mk Agreement the Vessel shall to maintained In a safe and seaworthy condition by Owner and shal be operated m a careful and safe manner so as not to cause damage to Marina's facilities or to any other property. vessel or persons. OWNER AUTHORIZES MARINA TO TAKE APPROPRIATE ACTIONS AS MARINA SHALL DETERMINE IN ITS SOLE DISCRETION INCLUDING. WITHOUT LIMITATION, REMOVING THE VESSEL FROM MARINAS PREMISES AT OWNER'S SOLE RISK AND EXPENSE TO ABATE, MITIGATE ANO OTHERWISE DEAL WITH THE DANGER ANO HAZARDS THAT IN MARINA'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 / ATE: OR OTHERWISE NOT WITHSTANDING THE ABOVE NOTHING HEREIN SHALL BE CONSTRUED TO CREATE ANY 'DUTY. OBLIGATION OR RESPONSIBILITY ON THE PART OF MARINA TG ACT IN SUCH CIRCUMSTANCES ANO NOTHING HERE/N SHALL BE CONSTRUED TO CREATE ANY LIABILITY ON THE PART OF MARINA FOR FAILING TO ACT IN SUCH CIRCUMSTANCES. S. Security ol the Vessel: Marina assumes no responsibility for and shall DM be fable for the can, protection and secumy of the Vessel. Use cl rho Boat Slip and other facilities of Marina shall be at the sole risk of Vessers Parties. Owner hereby releases and discharges Manna and agrees to Indemnify and held Marina harmless from and against any and all liabilities arid claims oy reason of any intrusion, theft, vandalism, arson or oilier criminal acts of any kind or degree on or about the Vessel whether on land or by water. If Owner shall permit any Other person 10 use the Vessel by way Of charter (MICA MdudeS hire Or loan), such person shall produce to Marina written evidence of such agreement falling which the Marina reserves the right to prevent the departure of the Vessel. 8. OWNER HEREBY GRANTS TO MARINA A LIEN ON THE VESSEL ANO A SECURITY INTEREST THEREIN TO SECURE THE PAYMENT OF ANY AND ALL DOCKAGE FEES. CHARGES OR OTHER SUMS DUE HEREUNDER ANO FOR ANY OTHER SERVICES OR MATERIALS RENDERED OR SUPPUEO TO OWNER BY OR ON BEHALF OF MARINA. This lien shalt be in addtdOn to any other females otherwise evadable to Marina hereunder or at law or in acuity. It is specif.caly agreed that the use el the Boat Slip and all saniCeS Or materials provided to Owner by or on behalf of Manna are oronded to the Vessel kr the credit of me vessel and it is understood beN een the parties hereto that Marina is relying pernanly upon the credit ol the Vessel for the enforcement of its claim for Dockage Fees and charges for other services or materials supplied to the Vessel. In any action. in rem or in persona. by Itanna CO enforce a nen of whatever nature. any bond posted pursuant to taw releasing the Vessel to Owner Shall include 'n 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 attorneys lees without any limitation to any right or remedy Marina may hate. whether at law or in ether Owner agrees to Marina's use of Federal Admiralty procedure in rem under Supplemental Admiralty Rule C. EXAIBIT EFTA00798412 • in maintain and ocure pr to agrees expense. and cost Sete NS 31 Owner, 7. the covering Insurance Indemnity Agreement Ms of term erµie the during force and suits demands. claims, all against Marina and O.vrer protecting and Vessel NOM arising claims for 51.000.000 than less not of amounts poky in iudgmenis cover specMally shall poky insurance Owner's parities. said of coverage e th or Owner the and Agreement tNs of ID Paragraph in undenaken risks e th insurance Such insured. additional an as Manna name 10 agrees Agent Owners written (30) days thiny least at receive shall Marina that provide shall Policies said of copies cerbded or Cerbficates thereof. cancellabon to prier notice demand. upon Marina to provided to shad policies insurance suitabre make shall Owner The Emergencies: Other and Storms 8. hi:Manes storms. tropical during anchorage sheltered sale, for arrangements arrangements such warrants hereby Owner and weather increment other or a be w,1 premises Marina's that assume not may Owner made. be will or have of event the In hurricanes. or steam tropical during anchorage sheltered safe. sole its In Marina emergency. other or hurricane storm opical tr impending any Marina the evacuate vessels all that demand to right the resents Mereton, or move to MIN the reserves fennel d na at vessels unattended any evacuate EVACUATE OR MOVE TO UNDERTAKING expense. and risk sole Owners OF ASSUMPTION AN DEEMEO BE 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 Manna provide (1) must Marina in ll te vessel unattended any of Owner VESSEL. remove to authorized caretaker of number telephone and address name. with insurance. of proof provide (2) and Marina from Vessel and regular furnish to attempt will Marina Cisclaimet and Indemnity 9. primarily Other. guarantee cannot it but smite, wafer and elect& urintempted Virgin the from resale lor water and electnoty its obtains Manna because guarantee. such no provides which Authority, Power and Water Islands and pantos Vessel's the Vessel, the to lability any 6seraims Marina Therefore, in or of out easing property to or persons to injury or damage loss, ail for others furnishing n negligence or omissions. acts, ds with connected way any directly is injury or damage loss. such events the in except water, and elecucity negligence. gross or misconduct willful Marina's of result the solely and other and Slip Boat the to damages all for liable be shall Owner 10. about or en persons or vessels or boats other and Martha by owned facilities agents. family. employees, Owners Vessel. the by caused premises Marinaa lot Owner, Pantile} 'Vessel's the as to referred (colter/rely guests a Invitees hold and save indemnify, to agrees hereby assigns. and heirs his himself. respective their and affiliates respective their of any and Marina hordes; IlatMly. damage, lets. all and any against and from assigns and successors way any In or of out arising whatsoever nature any of suits a demands. ims, Ma the Parties, Vessels the of any by facilities Martha's of use the with connected Marina's around or In operty pr personal or car Owner's or Vessel the of moving rendered senesces any with connected way any h or of out arising or premises. Vessel's the of any to furnished be to or furnished materials or rendered be to or OR LOSS WHETHER Agreement. this win connected otherwise or Parties, ANY OR MARINA. BY LEASED OR OWNED PROPERTY TO IS DAMAGE MARINA'S ABOUT OR ON PERSONS TO OR PROPERTY PERSONS OTHER VESSEL'S THE OF ANY UMITATION, WITHOUT (INCLUDING. PREMISES THE OF RESULT THE IS LOSS SUCH WHETHER AND PARTIES) EMPLOYEES. OR 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 Nmsell, 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 Mediu all and any from Maier* and successors whatever of damage or loss for liability of any of cuslcdy the in or to belonging property other or Vessel the to nature lire. (I) with connected way any in or of out arising Parties. Vessel's the eft. th natural phis or God of Acts curreN. wind tde, d conditions hurricane, coldskin, OR AGENTS MARINAS OR MARINA OF OMISSIONS OR ACTS (II) or rces, fo EXCEPT PARTIES. SUCH OF ANY OF NEGLIGENCE THE OR EMPLOYEES. THE SOLELY AND DIRECTLY IS DAMAGE OR LOSS SUCH EVENT THE IN OF ANY OR MARINA OF MISCONDUCT WILLFUL THE OF RESULT ITS EMPLOYEES. OR AGENTS AUTHORIZED otherwise is Manna unless that. agrees Owner Authority: Apparent 11, of charge apparent or of possession in anyone ware, in advance in n0bSed the and Owner of behalf on act to authority the have to deemed be &hal Vessel by requests or orders upon reliance in act and accept to entitled be shall Manna work, sulaMes, winces. For Persons Such kind any 01 material other and labor Vessel. of berefil the for may Manna herein, contained povision contrary any NoNkintanding 12. written upon Cause) without or (with reason arty for Agreement is th terminate that agrees Owner hereof. 15 Section with accordance In given Owner to nuke Agreement this of termination upon or Agreement dis of term e th of end the at careful. a 8 tie from Vessel the remove wit Owner herein. provided as COnettiOn. good In utilities and facilities al leaving Manner, Stainanide the remove to fails he if that agrees Owner excepted. tear at wear reasonable es an for charged be shall Owner date. departure Um On 11:00 by Vessel T AGREEMENT THIS IN CONTAINED ANYTHING dockage. of day fug RE TO RIGHT THE HAVE NOT SHALL OWNER CONTRARY. PREMISES MARINAS FROM THEREOF PART ANY OR VESSEL 0 BY OWING LIENS AND CHARGES OTHER FEES, DOCKAGE HEREIN'", OWNER AND MARINA TO PAID BEEN HAVE HEREUNDER OF MOOING THE ON LOCK A PLACE TO RIGHT THE MARINA GRANTS MARINA' Tb OrrED MONIES SUCH ALL AS TIME SUCH UNTIL VESSEL THE ANY TO ADDITION IN BEING REAEOY SUCH FULL, IN PAID BEEN HAVE IN OR LAW AT HEREUNDER MARINA TO AVAILABLE REMEDIES OTHER EOUITY. snail Vessel and Owner at th warrants and represents Owner Pollution: 13. 1321 Section U.S.C. (33 Acts Pollution Water Federal with respects all in tenthly prohibiting • 1322 Section U.S.C. 33 water. oily or oil of discharge prohibiting • Termocial and Federal amicable other all and sewage untreated of discharge mutations. and laws he when Manna advise shall Owner Slip: Boat horn Away Vessel If. el dale expected the and Slip Beet the from away be to Vessel the expects vacant when Sip Beat the rent to right the resents Manna Vessel. the of Milian Manna. to inure shall rental such Iron received revenues all and sole its at ght. ri the reserves Marina Sip: Boat to Reassignment 15. sap to sap from Vessel the transit( or move reassign. to discretion, to stip ix and slips of Subleasing Marina. by necessary deemed as moorthtidanehor Marina. by except allowed not is slips between boats transferring property served be to deemed be shad Owner to Notices Notices: 18, if on manner a in and place a at Owner to addressed writing in posted Vessel the the boarding lawfuly anyone 10 notice giving oh susceptible reasonably is which to notice written Mall US. the in depositing upon thereof, lou In . or Vessel as Address Bring Owner's to prepaid. postage certfied, or registered Owner, if only served deemed be shall Marina to Notice Card. Registration the on shown Of Operations Martha of Director the to personally delivered and writing in given requested receipt return prepaid. postage mail, whiled or registered by mated Operations. Martha of Director the do Agreement TM Actions: of Limitation and Venue, Law. Governing 17. of Laws the with accordance in enforced and construed by. governed be shall Any America. of States United the and Islands Virgin U.S. the of Timbre the concerning or to relating proceeding dicial ju other or equity. in suit law, at action the of Court District the in prosecuted and instituted be shad Agreement this any waives party each and John St. and omas Th St. of Division Islands. Virgin OR EOUITY 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 Meted No Pardon/weedily. IS. the unenforceable, declared or deemed be shall Agreement is th of portion No effect and face full in remain shall Agreement this cd portions remaining right, any exempting to respect with delay or failure any nor dealing of course waiver a as operate shall Agreement this under privilege or power This thereof. as Regulations, and Rules Manna's and Card, Registration the Agreement parties the of understanding entire the forth set time, to time from amended mention of statement or Inducement praise. representations. no and hereto not it which party any by made been has hereof matter subject the to relating not shall Agreement this herein, provided otherwise as Except therein. forth set or by signed writing in Instrument an by except amended or altered modified, be hereto, parties the of behalf CO Agreement this assign not shall Owner Assignment: 19. (Indio:ling to Agreement) is th of term the during Vessel of purchaser any to assignment 10 attempt Any content. written prier Marina's without entity or person other any Agreement this of violation in Owns by Agreement is th of assignment or assign further from Marina excuse shall and unenforceable and veld be shall shall Owner Agreement. this terminate shall and Agreement this of performance Card Registration e th on described Vessel the for vessel another substitute not Marina. of consent written parer without the and Agreement this In used terms e Th Terms: of Construction 20. meaning the nave and interchangeable be shall Regulations and Rules masculine the of use The documents. such all in terms such all to prescribed the of use The gender. feminine the include to construed be shad gender include to construed be shalt expression of lam singular required as plural. the context. the by Martha for necessary became it Should Fees: Attorney's 21. the obtain to owing and due sums collect to attorney or agency elect:Motion services of provision other any enforce lo or Madna. of liens the enforce to or hereunder, including expenses, and costs all pay shoe Owner then Agreement. this Marina. by Incurred costs <Met all and fees. _lays a reasonable has Owner that acknowledges hereby Owner slrrowledgment and greement Ucens thls understands fully and Rules Marina the to Regul and 2 CISVNERCA OF URE 7/ 31 9/ :it T - T :Pand 8I/170/60 a6Pcl Z JO 17 :aseo 8T:E 3- A- 69000 luawnooa EFTA00798413 Case: 3:18-cv-00069 Document #: 1-1 ...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, its 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. I funher 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 II AGREEMENT 0 R OF SIGNED: Print Name: Title: Name of Vessel: E il emiAOFR 5dvAl READ AND DO UNDERSTAND ALL THE ABOVE CONCERNING THE ITY AND ASSUMPTION OF RISK. 3 Date: SA/ EFTA00798414 Case: 3:18-cv-00069 Document #: 1-1 Filed: 09/04/18 Page 4 of 4 CROWN BAY MARINA 2017 HURRICANE EVACUATION PROTOCOL ownerfagent of the vessel gi ati /71/E-- docked in Crown Bay Marina agree the following Hurricane Evacuation Protocol in ac rdance with . terms below. 1. Must have a signed Crown Bay Marina License Agreement for Dockage on fde. 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 Owners 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 slated 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 errOvmers Agent Signature the abcnie not Name 4 Date EFTA00798415