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8.A. - Page 7 This Berthing License Agreement (The "Agreement") is made as of the date set forth below, by and between the City of Redwood City (located at 1017 Middlefield Road, Redwood City, CA. 94063) ("City") and the person(s) named as REGISTERED OWNER (Or the Owners authorized agent) of the vessel more fully described in the Basic Berthing Information above and is hereafter referred as "Licensee" of Vessel under the terms and conditions set forth herein and below: Licensee and City hereby agree: 1. Vessel. Licensee warrants that he/she/it is the Owner of the vessel and is authorized to bind all joint Owners of the vessel to the terms of this Agreement. If the person signing this Agreement is an agent for the Owner or any joint Owners, the Agent represents and warrants that he/she is authorized to enter into this Agreement on behalf of the Owners and to bind any and all joint Owners of the Vessel. 2. Vessel Documentation. Licensee warrants that the Vessel is properly documented or registered as set forth and that the Vessel is in compliance with all applicable California and U. S. Coast Guard safety regulations. 3. Vessel Condition. Licensee represents and warrants that the Vessel will be maintained in a seaworthy, operable condition and will maintain the Vessel's appearance, which will include regular cleaning, maintenance and/or replacement of all painted and varnished surfaces, all bright work, rigging, safety equipment and any other appurtenances of the Vessel. City shall be sole judge of the adequacy of the Vessel's condition, maintenance and appearance. 4. Vessel Inspection and Approval. The Vessel shall be inspected and approved by City upon its arrival. Failure to obtain City's approval shall automatically terminate this Agreement. In addition, City may require, on fifteen (15) days' written notice, a demonstration of any vessel's operability. Failure to cure any deficiencies in the vessel's condition, maintenance or appearance or as required under this Agreement within 30 days, written notice of such deficiency shall automatically terminate this Agreement. 5. Slip. City licenses to Licensee the use of the slip and berth set forth in the Basic Berthing Information above upon the terms and conditions contained herein Licensee shall use the Slip only for mooring the Vessel and for no other purpose. The Vessel shall be used solely for Licensee's pleasure and recreational purposes. In the event Licensee desires to use the Slip for another vessel, Licensee's use shall be subject to first obtaining written permission from City, and complying with all the terms and conditions of this Agreement. 6. Limitation on Renting Slip or Vessel to Others. Licensee warrants that while the Vessel is moored at the Docktown Marina, Licensee will not rent or charter the Vessel or the Slip to any other person or entity for any purpose whatsoever and will not engage in any commercial activity with the Vessel or within Docktown Marina, or otherwise use or allow any other person to use the Vessel for commercial purposes or activities except as authorized in writing by City. 7. Right to Re-Assign Vessel. City reserves the right to reassign Licensee to any other slip in City's facility at any time for any reason, and without prior notice to Licensee, and to relocate the Vessel thereto at the Licensee's expense and risk. City shall be exempted, held harmless and indemnified for any damage to the Vessel arising out of or relating to such relocation, even if such damage is caused by the negligence of City. Licensee agrees that ATTY/AGR/2013.025/DOCKTOWN MARINA BERTHING AGREEMENT REV:02-21-13 VR Page 3 of 11