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8.A. - Page 12 <br /> will represent to third parties that Licensee's rights in the Slip are not transferable with the <br /> Vessel and shall indemnify and hold City harmless from any claim for damages, including <br /> subrogation, resulting from any such representation. <br /> 20. Warranties. City makes no warranties, express or implied, as to the condition of the Slip or <br /> Docktown Marina (including depth of water, floats, berths, walkways, gangways, ramps, <br /> gear and related items) or the suitability of the Slip and the Docktown Marina for its intended <br /> purposes. Licensee acknowledges that Licensee has had an opportunity to inspect the <br /> marina prior to execution of this Agreement and agrees to accept the Docktown Marina and <br /> the Slip in its current condition. <br /> 21. Attorney's Fees. If either City or Licensee shall obtain legal counsel or bring an action <br /> against the other based on any dispute arising out of or relating to this Agreement, the <br /> prevailing party shall be entitled to an award of reasonable attorney's fees and costs. <br /> 22. Rules and Regulations. Licensees agree that City's Docktown Marina Rules and <br /> Regulations attached hereto as Exhibit A, and any amendments thereto, are an integral part <br /> of this Agreement. Licensee shall comply and shall cause Licensee's family, agents, <br /> licensees and invites to comply with the then current Docktown Marina Rules and <br /> Regulations. Should any person violate any Docktown Marina Rule or Regulation, City may <br /> terminate this Agreement immediately, remove the Vessel from the Slip at Licensee's risk <br /> and expense, and retake possession of the Slip. City reserves the right to modify, amend or <br /> supplement the Docktown Marina Rules and Regulations at any time and from time to time <br /> upon written notice to Licensee. In utilizing the Slip, Licensee agrees to, and shall comply <br /> with, all present and future applicable laws, ordinances, resolutions, rules and regulations, <br /> health, safety, environmental and sanitary regulations, and of all applicable federal, state or <br /> local regulatory agencies. <br /> 23. Possessory Interest Tax. Licensee recognizes and understands that this Agreement may <br /> create a possessory interest in public property which may subject the Licensee and his/her <br /> property to taxation which he/she shall have the sole obligation and be require to pay. <br /> 24. Repairs and Maintenance. <br /> (a) No vessel shall be substantially modified, materially or structurally altered, or <br /> repaired at the Slip or Berth. There shall be no exterior painting, sanding or stripping, <br /> and no removal or installation of main or auxiliary engines. There shall be no <br /> transportation of main or auxiliary propulsion engines, other than portable outboard <br /> engines, across docks gangways or bridges. <br /> (b) No exterior paint shall be removed by any means from any vessel in a berth other <br /> than for minimum maintenance. Exterior spray painting, in any manner or form, is <br /> prohibited. <br /> (c) Stowage of dinghies, boxes, materials, boat equipment or other personal property on <br /> header floats and piers is prohibited. <br /> (d) Any person(s) receiving compensation for repairing or maintaining vessels shall have <br /> proper authorization, from City and any other applicable regulatory license or permitting <br /> agency (e.g. from the fire marshall). <br /> ATTY/AGR/2013.025/DOCKTOWN MARINA BERTHING AGREEMENT <br /> REV:02-21-13 VR <br /> Page 8 of 11 <br />