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8.A. - Page 8
<br /> City may use the Slip when the Licensee is not using it, without compensating Licensee.
<br /> Licensee warrants that Licensee will maintain the Slip, the berth, the walks, floating ramps,
<br /> gangways and docks in, about and surrounding the slip in a neat, clean and unobstructed
<br /> condition at all times. Should City deem it necessary, in City's sole discretion, to maintain
<br /> the slip area, such maintenance will be done only at Licensees express instruction. Licensee
<br /> may be temporarily reassigned, at the option of City, to other Slips or spaces within the
<br /> Docktown Marina. Licensee may be requested to temporarily vacate the Docktown Marina
<br /> to accommodate repairs, improvements, maintenance, construction, emergencies, or when
<br /> desirable, in City's opinion, during special events. Licensee may be permanently
<br /> reassigned to other slips or spaces within Docktown Marina when, in the opinion of City, any
<br /> slip or slips in the Docktown Marina become substantially unusable from any cause.
<br /> 8. Term. This Agreement shall create a license commencing on the date set forth in the Basic
<br /> Berthing Information above and shall continue from the first day of the month immediately
<br /> following on a month to month basis until default under the provisions of this license or until
<br /> terminated by either party by prior written notice of the intent to terminate given not less than
<br /> thirty (30) days prior to the effective date thereof. There is no rebate of Slip Fee at
<br /> termination for any unused portion. Licensee shall surrender the Slip immediately upon the
<br /> expiration of the term in substantially the same condition it was upon the commencement of
<br /> the term, reasonable wear and tear excepted. Upon termination or default, Licensee agrees
<br /> to remove the Vessel from the Slip immediately. If Licensee fails to do so, Licensee hereby
<br /> grants City or its agents the right to remove Vessel without notice at Licensee's sole risk and
<br /> expense for the purpose of relocating the Vessel to another slip or to a dry storage area.
<br /> Licensee shall hold harmless, indemnify and defend City and its officials, officers,
<br /> consultants, employees and agents (collectively "City Parties") from and against any
<br /> claims for damages, including subrogation, arising out of or relating to removal,
<br /> relocation or storage of Vessel. Even if such damage is caused solely or partially by
<br /> the negligence of City. Licensee also agrees to pay all expenses or charges arising out or
<br /> related to the events described in this paragraph, including, salvage, storage, moorage,
<br /> towing, surveying inspection maintenance and preservation charges. For each day after
<br /> termination or default that the Vessel remains on City's premises, Licensee agrees to pay
<br /> the current daily guest fees as established by City.
<br /> 9. Slip Fee. For each calendar month, Licensee agrees to pay City the monthly Slip Fee then
<br /> in effect in advance on the first day of each and every month. Licensee further agrees to
<br /> pay as an additional fee any and all excise or other taxes that may be levied by City or any
<br /> other governmental agency and to maintain such taxes current. All payments shall be
<br /> submitted to the City of Redwood City by dropping payments off at 1017 Middlefield Road,
<br /> Redwood City, CA 94063, or by mailing to P. O. Box 3629, Redwood City, CA 94064-3629.
<br /> All Slip Fees not paid by the Tenth (10th) day of the same month shall be deemed
<br /> delinquent.
<br /> 10. Fees for Late Payment or Returned Checks. To compensate City for the loss of Slip Fees
<br /> due, for costs incurred to handle returned checks, delinquent Slip Fees, and consequential
<br /> reports to City, Licensee agrees to pay City, in addition to the Slip Fee due, a $10 late fee.
<br /> Payment by means of a returned check shall not constitute timely payment. In addition,
<br /> there will be a $20.00 fee charge for payment with a returned check. Late fees will be
<br /> charged until a valid check or cash pays all Slip Fees. Repeated late fees or returned
<br /> checks may result in default or termination, at City's sole discretion.
<br /> ATTY/AGR/2013.025/DOCKTOWN MARINA BERTHING AGREEMENT
<br /> REV:02-21-13 VR
<br /> Page 4 of 11
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