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8.A. - Page 9 <br /> 11. Adjustment of Fees. City may increase or decrease the Slip Fee at the end of any calendar <br /> month by notifying the Licensee in writing or posting notice thereof at Docktown Marina at <br /> least thirty (30) calendar days in advance of the effective date of the increase or decrease. <br /> Any adjustment of the Slip Fees shall be deemed published when notice thereof is posted <br /> on the bulletin board located at the Peninsula Yacht Club. Adjustments in Slip Fees shall <br /> become effective on the first day of the calendar month next following. In the event the <br /> Licensee fails to pay any new Slip Fee after its effective date, City may terminate this <br /> Agreement, as of the effective date. <br /> 12. Security Deposit. Simultaneously herewith, Licensee has paid to City the Security Deposit <br /> of one month's Monthly Permit Fee, Utility Fee, and other fee as required in the Basic <br /> Berthing Information to secure the performance of all of Licensees obligations hereunder. <br /> Notice of any increase shall be posted in accordance with Section 11 above. Licensee <br /> agrees to pay the additional sum necessary for Licensee's deposit to equal the currently <br /> posted Deposit. If Licensee fully and timely performs Licensee's obligations, City agrees <br /> that, upon termination of this agreement and after Licensee has vacated the Slip, City will <br /> refund to Licensee the deposit actually paid (without interest), less any amount necessary to <br /> pay for repairing or cleaning the Slip or any other fees or charges owed by the Licensee. <br /> Licensee may not use the deposit as, nor deduct it from, the Slip Fee for any month. <br /> 13. Live Aboard. Licensee agrees that no person shall reside on the Vessel at any time <br /> without express written permission from City. In the event permission to live aboard is <br /> granted, it shall be limited to two persons per Vessel and an additional monthly fee per <br /> person shall apply. The term "live aboard" is defined as any vessel that is occupied in <br /> excess of three consecutive days (72 hour period). Live Aboard rates are subject to change <br /> with thirty (30) days prior written notice in accordance with Section 11 above. <br /> 14. Utilities. In addition to the Slip Fee, Licensee agrees to pay all utility charges for electric <br /> service and other such services. Subject to the payment of Utility Fees as specified in the <br /> Basic Berthing License Information, City shall make available to Licensee electrical power <br /> and water. City does not warrant the availability of utility services, and shall not be <br /> responsible for any damage or injury due to the interruption or unavailability of utility <br /> services. Without limiting the foregoing, Licensee acknowledges that utilities services may <br /> be discontinued, reduced or restricted during inclement weather, drought or for maintenance <br /> or repairs. City does not warrant that the utility services will be compatible with the utility <br /> service requirements of the Vessel (including electrical interconnection requirements or the <br /> effect of electrolytic action). <br /> (a) Electricity <br /> Each Slip shall be assigned an electrical outlet. No Licensee will be permitted to use <br /> any electrical outlet other than the one specifically assigned. Licensee shall supply <br /> his/her own compatible plug. Violation of this rule will constitute cause for immediate <br /> eviction from the assigned Slip. Charges to each Licensee shall be based upon electric <br /> fee's set forth herein ("Charges"). Payments for electrical charges shall be considered <br /> past due if not paid within 10 days from the date of invoice. All past due accounts shall <br /> be assessed a late charge of $10 for each delinquent payment. Licensee with <br /> delinquent charges will be required to pay all back charges. Such delinquent fees shall <br /> be due and payable within ten (10) days of notice. Non-payment of delinquent Fees <br /> within the required time shall be cause for termination from the Slip. <br /> ATTY/AGR/2013.025/DOCKTOWN MARINA BERTHING AGREEMENT <br /> REV:02-21-13 VR <br /> Page 5 of 11 <br />