HomeMy WebLinkAboutO-1564ORDINANCE NO. 1564
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
SECTION 1. The City of Fairhope, Alabama, having received an application
from Bryan Injaian d/b/a Accommodations Afloat, for a franchise agreement
to operate Sailing Charters and Overnight Rentals, at the following location
described: the Fairhope Municipal Pier Marina, Fairhope, Alabama and it is
to be in the best interest of the public and the City of Fairhope, Alabama, to grant
a franchise to Bryan Injaian d/b/a Accommodations Afloat under the terms
and conditions of the franchise agreement attached hereto as "Exhibit A"
including the fees that shall be paid to the City with respect to same.
SECTION 2. Pursuant to the authority granted by Section 11-40-1 and 11-43-62
of the Code of Alabama of 1975, the Mayor of the City of Fairhope, Alabama, is
hereby directed to execute said franchise agreement in the name of the City of
Fairhope, Alabama.
SECTION 3. The sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by a court of competent
jurisdiction, then such ruling shall not affect any other paragraphs and sections,
since the same would have been enacted by the municipality council without the
incorporation of any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 4. This ordinance shall take effect immediately upon its due adoption
and publication as required by law.
ADOPTED THIS 25TH DAY OF JANUARY, 2016
ATTEST:
C?isa Hanks, MMC
City C erk
FRANCHISE AGREEMENT
This Agreement is made and entered into by and between the City of Fairhope,
Alabama ("City") a municipal corporation and
("Grantee").
RECITALS
Grantee is a sole proprietor with a principal place of business at
Ryg•C' Fairhope, AL 36532. Grantee is engaged in the
business of 0 to the pub ic. Grantee
proposes to in II nd operate c .�.. at the
c1v in& IS . Grantee requests that the City grant to Grantee a
franchise o in/$talll maintain and operate this business on public property at the
[I'll 4D cir
In consideration of the mutual covenants, promises and conditions set forth
herein the parties agree as follows:
SECTION 1
Section 1.1 DEFINITIONS
Unless otherwise specially provided, or unless clearly required by the context,
the words and phrases defined in this section shall have the following meanings when
used in this Ordinance and Franchise Agreement:
(1) MAYOR: Shall mean the Mayor of the City of Fairhope
(2) COUNCIL: Shall mean the City Council of Fairhope, the governing body
of City of Fairhope, Alabama.
(3) CITY: Shall mean City of Fairhope, Alabama, which is governed by the
Fairhope City Council.
(4) FRANCHISE: Shall mean the franchise granted under the provisions of
the Ala. Code §11-40-1, et seq., which authorizes municipalities to contract and to be
contracted with. A "franchise" as used in this agreement is a special privilege not
belonging to the citizens by common right but conferred by a municipality upon an
individual or corporation.
(5) GRANTEE: Shall mean �./•+-. ��/�.a.. to whom a
franchise has been grant d by the City anyone who succeeds
,4CcoA%0-0c1c 1 Af t 41011 , in accordance with the provisions of the franchise.
(6) GROSS REVENUES: Shall mean all revenues received by the Grantee
from or in connection with the operation of the franchise to provide services in the City of
Fairhope pursuant to this franchise agreement.
City of Fairhope — Franchise Agreement
Page 1 of 8
(7) PERSON: Shall mean an individual, partnership, association, joint stock
company, trust, corporation, or governmental entity.
(8) SERVICE AREA: Shall mea tire geographical area within City of
Fairhope and specifically defined as follows: mej`s -g /.?y
Section 1.2 REQUIREMENTS FOR FRANCHISE
(a) No person shall engage in the construction, operation, or maintenance of
a private business on public property in the City unless such person or the person for
whom such action is being taken shall hold a valid franchise granted by the City.
(b) Any franchise granted by the City pursuant to these rules and regulations
shall not be deemed to be an exclusive right of permission. The City expressly reserves
the right to grant similar nonexclusive franchises to other persons.
(c) In the event the City enters into a franchise, permit, license, authorization,
or other agreement of any kind with any other person or entity other than the Grantee to
enter into the City's Public Rights -of -way or public property for the purpose of operating
a private business on public property in any part of the City, the material provisions
thereof shall be reasonably comparable to those contained herein, in order that one
operator not be granted an unfair competitive advantage over another, and to provide all
parties equal protection under the law.
(d) No franchise shall be granted by the City in the Central Business District
located in downtown Fairhope.
Section 1.3 TERM OF FRANCHISE, RENEWAL
(a) The duration of this franchise agreement granted pursuant to this
Ordinance shall be for one year and shall be renewed automatically each year for three
years unless notice of termination is given in writing to the other party at least 60 days
prior to the expiration of the then current term. This Agreement shall commence 10 days
after approved by the City Council.
Section 1.4 ENFORCEMENT OF FRANCHISE
(a) A Grantee shall not be excused from complying with any of the terms or
conditions of the franchise by any failure of the City upon any one or more occasions to
insist upon or to seek compliance with any such terms or conditions.
(b) Whenever the City shall set forth any time for any action to be performed
by or on behalf of Grantee, said time shall be deemed of the essence and any failure of
Grantee to perform with in the time allotted shall be sufficient grounds for the City to
revoke the franchise.
(c) A Grantee agrees by filing an application for a franchise that they will not
assert, at any time, in any claim or proceeding that any condition or term of the franchise
City of Fairhope — Franchise Agreement
Page 2 of 8
is unreasonable, arbitrary or void or that the City had no power or authority to make such
term or conditions, but shall be required to accept the validity of the terms and conditions
of the franchise in their entirety.
Section 1.5 CONFLICT WITH LAWS
(a) Whenever any law of the State of Alabama or of the United States, or of
any agency of either, shall be in direct conflict with and supersede any provision of these
rules and regulations, then for so long as such state or federal law or regulation shall be
in force and effect, any affected provisions of this franchise granted hereunder shall be
suspended and be of no force and effect and the Grantee shall not be required to
comply with such provision; however, the validity of the remaining portions or provisions
shall not be affected thereby. In the event this franchise imposes burdens different than
those imposed by any other law, but within the power of the City to impose said burdens,
the more restrictive provision shall apply.
(b) If any section, sentence, clause or phrase of these rules and regulations
or of any franchise granted hereunder is held unconstitutional or otherwise invalid, such
infirmity shall not affect the validity of the remaining portion of these rules and
regulations or a of any franchise granted hereunder.
SECTION 2
Section 2.1 PROCEDURE FOR GRANTING FRANCHISE
(a) Any person desiring a franchise shall apply to the City for such a grant.
The application for a franchise shall be in writing, in the form approved by and containing
such information as required by the City and must be accompanied by a nonrefundable
application fee of 150.00 by cashier's check, certified check or money order payable to
City of Fairhope. This is a separate fee from the Franchise fee.
(b) Upon receipt of said franchise application, the City shall provide notice of
said application and conduct a public hearing to determine if the grant of the franchise
would be in the best interest of the citizens of City of Fairhope.
(c) The application shall contain a statement under oath that the applicant
will comply with all legal, financial and technical provisions of these rules and
regulations and any other municipal, state or federal regulatory agencies.
(d) The application shall define the proposed service area of the applicant
with specific time standards for the establishment of service to suit the service area.
SECTION 3
Section 3.1 CONSTRUCTION AND INSTALLATION
(a) After receipt of an initial franchise, a Grantee shall proceed with due
diligence to install and begin operation of the franchise.
City of Fairhope — Franchise Agreement
Page 3 of 8
(b) Failure on the part of the Grantee to commence and diligently pursue
.4cco..�•o�RJIV-'r t/o•i or failure to commence operation after 90 days
from the commencement of this agreement shall be grounds for termination of the
fr nchise. The City may extend the time for the commencement and completion of
I cox"40d.1,0-" 44 for additional periods in the event the Grantee, acting in
good faith, experiences delays by reasons of circumstances beyond her control.
(d) The Lo...•.d. `'ear 4.tly- / shall be constructed and operated in
accordance with all adopted City, state and national construction and electrical codes.
Section 3.2 CONDITIONS FOR USE OF PUBLIC PROPERTY
(a) Grantee shall not install or begin operation of the franchise business until
the installation has been approved by the Mayor or his designee.
Section 3.3 OPERATION AND MAINTENANCE
(a) The Grantee shall install and maintain lec....odlu"a -t �F lo•T
in a prudent and reasonable manner. wM�A Lk -f Zalshall(b) Failures or malfunctions of the 'Jf1 be
corrected by the Grantee promptly after notice of such failure or malfunction except or
unless such failure or malfunction shall have been caused by storm, fire, lightening,
explosion, civil unrest or other similar catastrophe.
(c) The City shall, if it deems it necessary, have the righ and privilege/o
inspect the installation, operation and maintenance of the Ara --Feb.+ dirk.
by the Grantee in order to satisfy itself as to the proper performance of the terms of this
franchise agreement.
SECTION 4
Section 4.1 FRANCHISE FEE
(a) There shall be a franchise fee of twenty (20) percent of Gross Revenues;
and the fee for the business license which is an annual license issued by the
municipality for the privilege of doing any kind of business, trade, profession or other
activity in the municipality, by whatever name called.
(b) Grantee shall pay quarterly to the City during the life of the franchise a
sum equal to twenty (20) percent of its gross revenues. Grantee shall file with the City on
such form as prescribed by the City within sixty (60) days after the end of each quarterly
a report, under oath at the risk of perjury, of the gross revenues for the preceding
quarterly period, and shall, at the same time, pay to the City a sum equal to twenty (20)
percent of the gross revenues for the said quarterly period.
Section 4.2 INDEMNIFICATIONS
(a) Grantee shall at his/her sole cost and expense fully indemnify, defend
and save harmless the City, its officers, boards, and employees against any and all
City of Fairhope — Franchise Agreement
Page 4 of 8
claims, demands, suits, actions, liability and judg,m�ents for damage arisin out of the
construction, operation and maintenance of the H��o...,o.�c��b.i .�i�o•
franchise, and against all liabilities for damages by reason of, or arising out of, any
failure b Grantee o safely operate and maintain the
/i<<OAMO ���i.i g 4 c/o. , including reasonable attorney's
fees, arising out of the exercise or enjoyment of this franchise, irrespective of the amount
of comprehensive liability policy required hereunder. This indemnity shall not apply to
damages occasioned solely and exclusively by acts of the City, its agents or employees.
(b) Within thirty (30) days after the granting of the franchise and at all times
during the term of the franchise, Grantee shall obtain, pay all premiums for, and file with
the City executed duplicate copies and receipts evidencing the payment of premiums for
the following:
A general comprehensive public liability insurance policy indemnifying,
defending and saving harmless the City, its officers, boards, agents or
employees from any and all claims by any person whatsoever on account
of injury to or death of a person or persons occasioned by the operations
of the Grantee under franchise herein granted or alleged to have been so
caused with a minimum of liability of I J VQQ 00D for personal
injury or death of any two or more persons in any one occurrence.
Renewal certificates of such insurance shall be promptly forwarded to the
City as such renewals are made, and such insurance shall be kept in
force and effect during the term of this grant or franchise. The Grantee
and/or the insurance company shall file with the City a written notice of
any material alteration or cancellation of any insurance coverage at least
thirty (30) days prior to the effective date of such alteration or
cancellation. Property damage insurance indemnifying, defending and
saving harmless the City, its officers, boards, agents, and employees
from and against all claims by any person whatsoever for property
damage occasioned by the operation of a Grantee under franchise
granted by City caused with a minimum liability of
11 aM oniD for property damage to two or more persons in
any one occurrence. Said policies of insurance shall name the City as an
additional insured.
(c) All of the foregoing insurance certificates shall be in form satisfactory to
the City and shall be issued and maintained by companies authorized to do business in
the State of Alabama and acceptable to the City and they shall require thirty (30) days
written notice of any cancellation or reduction in coverage to both the City and Grantee
herein, and a copy of said certificates shall be filed with the City.
Section 4.3 BOOKS/RECORDS OF GRANTEE
(a) All books and records of a Grantee concerning its operations within the
City necessary for the enforcement of the provisions of this franchise, shall be made
available for inspection and audit upon demand by the City within thirty (30) days after
any request for such inspection or audit has been made.
City of Fairhope — Franchise Agreement
Page 5 of 8
Section 4.4 GRANTEE ACKNOWLEDGEMENT
(a) Grantee is an independent contractor. No agency or employment
relationship is created by this Franchise Agreement.
SECTION 5
Section 6.1 SALE OR LEASE OF FRANCHISE / gz
(a) No transfer or control of the N4con.,od`�o-� i
whether by force or voluntary sale, lease, assignment, foreclosure, attachment, merger,
or any other form of disposition, shall occur or be considered valid without first giving
prior notice and receiving the approval of the City. The notice shall include full
identifying particulars of the proposed transaction. For the purpose of determining
whether it shall consent to such change, transfer, or acquisition of control, the City may
inquire into the qualification of the prospective controlling party and the Grantee shall
assist the City in any such inquiry. The City shall have one 60 days from the date the
notice is received by the City within which to approve or disapprove, by resolution, the
proposed transfer of control. The City will not unreasonably withhold its approval.
(b) Approval of such transfer shall be expressly conditioned upon full
compliance with the material terms of the franchise agreement and this Ordinance. The
transferee shall agree in writing to comply with all provisions of this Ordinance and the
franchise agreement.
Section 5.2 REVOCATON OF FRANCHISE
(1) Subject to the provisions of this section, the City reserves the right to
revoke, at any time, any franchise granted hereunder and rescind all rights and
privileges associated therewith in the event that:
(a) Grantee has not substantially complied with a material provision of
this Ordinance, the franchise agreement, or of any supplemental written agreement
entered into by an between the City and the Grantee; or
(b) Grantee has made a material false statement in the application for
the franchise, knowing it to be false, or Grantee commits a fraud in its conduct or
relations under the franchise with the City; or
(c) Grantee becomes insolvent, enters into receivership or liquidation,
files for bankruptcy or assignment for benefits of creditors, or is unable to pay its debts
as they mature, unless the Grantee is in due process of contesting such debts; or
(d) Grantee fails to substantially comply with a material provision of
any federal or state statue, or of any material rules or regulations that govern
telecommunications; or
City of Fairhope — Franchise Agreement
Page 6 of 8
(e) Grantee exhibits a pattern of failing to comply with service
standards as adopted herein or in the franchise agreement; or
(f) Grantee fails to comply with any federal or state judgment
arising directly from the exercise of Grantee's rights under its franchise; or
(g) Grantee fails to provide or maintain in full force and effect the
bond and insurance policies required by this Ordinance and franchise agreement; or
(h) Grantee assigns, sells or transfers its title or interest in its
franchise without the consent of the City.
(2) In the event that the City shall make a preliminary decision to revoke a
franchise granted hereunder, it shall give the Grantee a minimum of thirty days written
notice of its intention to terminate and stipulate cause. A public hearing shall be
scheduled for the end of said 30 day period. If during said period, the cause shall be
cured to the satisfaction of the City, the City shall declare the notice to be null and void.
If the cause is not cured to the satisfaction of the City, before a franchise may be
terminated, the Grantee must be provided with an opportunity to be heard before the
City in a public hearing in accordance with due process procedures. After the public
hearing, if the City, by majority vote, determines that the franchise should be terminated,
it shall issue a written decision containing its findings of fact and stating the specific
grounds for termination. The decision to terminate a franchise shall be subject to judicial
review as provided by law.
(3) A Grantee shall not be declared in default or be subject to any sanction
under any provision of this Ordinance and franchise agreement in any case where the
City determines that the action justifying such sanction is without the Grantee's
knowledge or authorization or outside its control.
Section 5.3 RIGHTS UPON REVOCATION OR NON -RENEWAL
In the event the City determines that a franchise should not be renewed at its
expiration or that a franchise should be revoked for cause as permitted hereunder, the
Grantee shall be allowed three months from the date of such determination, or such
7Ion er period as th . City may permit, to negotiate the sale of its
� oa within the City to another provider at a price
acceptable to the Grantee, provided that such sale shall be approved by the City
pursuant to Section 5 herein. In the event a sale to a provider acceptable to the City is
not then negotiated within the time allowed, then an independent expert shall be
appointed to determine the fair market value of the Grantee's
&YA�kkk-fidAUT.'Aftf / The appointment of said expert shall be by mutual
agreement between the City and the Grantee; provided, however, that if the City and
the Grantee are unable to reach an agreement within 30 days of the written decision of
termination, then the matter of appointing an expert shall be submitted, within ten (10)
days immediately following expiration of the former 30 days, to the American Arbitration
Association [unless the City and the Grantee mutually agree upon some other
arbitrator(s)], and the expert designated by the American Arbitration Association or such
other arbitrators shall be appointed. The cost of employing the arbitrator or arbitrators
City of Fairhope — Franchise Agreement
Page 7 of 8
and the cost of arbitration, if required, shall be borne equally by the Grantee and the
city. Upqg determination of the fair market value of the Grantee's
c ".. d� : by the appointed independent expert, the
Grantee shall be required to sell its to any entity which
offers said fair market value and which has obtained the approval of the City to purchase
said
Section 5.4 REMOVAL AND ABANDONMENT OF PROPERTY /
(a) If the use of any part of Grantee's ,�.�e...ed.l�'b.� Jflo is
7continuJd for any reason for a continuous period of twelve (12) months, or if such
cn.wocfi1,o.r .QL&j does not comply with the requirements of these rules and
regulations, or if Grantee's f anchise i termin t or revoked the City may in its
discretion require that said d•/�'• .c� b�g spld to a fr chi e
designated by the City at a purchase price equal to the ...od` �•► •c ..
fair market value as determined in subsection (b) hereof.
(b) Any dispute between the City and the Grantee over determination of the
system's fair market value shall be determined in accordance with Section 5.3 above.
Section 5.5 MISCELLEOUS PROVISIONS
(a) This agreement constitutes the entire agreement of the parties and
supersedes any and all agreements, understandings, statements or representations
either oral or in writing. This agreement can be amended only by a written document
signed by the parties.
(b) This agreement shall be enforced and interpreted pursuant to the laws of
the State of Alabama.
IN WITNESS WHEREOF, the -.�arties have hereunto set their respective
signatures and seals on theay of 201/W/.
THE CITY OF FAIRHOPE, ALABAMA
By:
TjAothy M Kant, Mayor
AftC�Fisa
nk , MMC
Ci
By: ---z - -�,
Grantee
City of Fairhope - Franchise Agreement
Page 8 of 8
CITY OF FAIRHOPE
CITY HALL
PO DRAWER 429
FAIRHOPE, AL 36533
251-928-2136
001587-0004 Gina B. 03/26/2015 12:48PM
MISCELLANEOUS
FRANCHISE FEE - CITY
PROPERTY
1 @ 150.00
FRANCHISE FEE - CITY
PROPERTY
Subtotal
Total
CASH
Change due
Paid by: serenity
150.00
--------------
150.00
150.00
150.00
150.00
--------------
0.00
Comments: SERENITY SAIL AND SLEEP
161 N SECTION ST, FAIRHOPE, AL 36532
http://www.cofairhope.com
CUSTOMER COPY
ON THIS THE —6--Day of 4;�
--(year� This Boat Slip Rental AgEoement is entered into
on the above date by and betweenµ as owner of Slip #t Z6 with an address of
Ono 4G 6f- and L IAJA 1996yerl as
dw Rosner with an addr6s i f 1FAcy- for the dockage of a
200-1 (make boat). Registration #
The Renter warrants that it owns the above described vessel.
1. Limit oa Use. This Agreement only applies to allow dockage of the described vessel. if Renter desires to dock a boat
other than referenced above, Renter must complete a new agreement, be bound by the conditions of the new agreement,
and pay additional charges arising there from.
2. Itm. This Boat Slip Agreement is for: (initial a or b below)
a. The period _ .200 thru , 200 inclusive, after which time, if not sooner
terminated; it may be renewed at the then posted w negotiated rate for such additions period as the parties may both Ainher
Im2� writing after payment of all the due fees and costs.
_ b. month to month, beginning on . �,4h/ 1 , 2t*k and continuing from month to month thereafter,
subject to all other paragraphs herein.
3. Rom. The rental rate shall be $ 00. `s' USD per calendar month. All slip rentals shall be paid in advance of
tie first day of the mouth that the rental applies. Dockage rental shall not be prorated upon arrival if alter the first day
of the arrival month. Dockage rental will not be prorated upon departure and any portion of a month shall constitute an
agreement to rent for the entire month. The dockage and rent is earned when paid.
4. gkcbkW Smia. Electric service shall be obtained m the following mama.
. Electric sba11 be included in the renal fee chWV&
S. Securlty Dew. Renter shall post a security deposit in the amount of S MA'Va USD upon execution of this
agreement, which shall secure performance of this agreement, and may also be applied at the end of the rental period, or
by any breach of this or any other agreement with the owner, or to pay any delinquency of or damage caused by the
Renter or it's agents or the vessel while docked at Shux on the Pier Marina. Unused security deposit shall be returned to
the Renter at the end of the term., or upon termination hereunder, after payment to the Slip owner of all rents and charges
owed hereunder, and within 30days of such term expiration or termination.
6. Teruiaatlou.
4 Teruuneaion by Renter. Rents shall give the Slip V%Ma thirty (30) days written notice prior to departure, except
in case where Renter intends to stay less than 30 days, in which case termination notice must be given upon
arrival. Failure to do so will result in the slip owner having the option of renewal of the rental agreement for an
additional thirty (30) days on the same terms as the month preceding such notice, for which Renter is
responsible.
Termination by Slip Owner.
(1) For cause. The slip owner may terminate this agreement for cause if the Renter violates any
terms or conditions of this agreement or its incorporated obligations. If the Renter violates any of
she terms card wndug ucs ir: this agreement, the Sljp over shah'haw the option of wodnaft
this Agreement upon the lesser of three (3) days actual notice, or ten (10) days written merles to
Renner patted onboard the vemel, without waiving any other rights henehmnder. Renter must
remove their boat fran the slip prior to the end of the notice period
(h) Not for cause. The Slip owner r+tWW the right to terminate this agreement without cause, at
aaYtt, upon ten (10) days written notice to the Renter. In such cases, any prepaid fee,, charges,
or expenses shall be prorated and any surplus returned to the Renter, and Renton shall remove
their boat by the termination date so noticed. Nothing in this paragraph 6 shall waive say other
right of the slip owner under this agreement, at lard, equity or stlrairalty,
C. Removal. If the renter fails to mmvo their boat and equipment from the ranted slip before the
termination Or expiration of this agreement and afters notice of same, the slip ownei atulD
Y be entitled to.
L Remove the vessel and store or re -dock the vessel at day k,catioa in an
COmraerC
r reasonable taanaia all at the Y
� acpeme and on the account of the Renter, and until all the Recta's
:. few and charges are brought current
(Con't flrom page 1)
a
' f n., -r AL l"Idng the vessel to place until all the Renta's fees and
Chap the Vessel the then charges we curt�errt;=
current transient rate per day for so long as the vessel rwrrnu*, - m the r T� owners slip until all the Ren ten fens and Charges era kought VzroM A
u
Renewing the rental at the then -current rates for an additional ti od as determ ined at the
time of renewal.
V. Exercise any other right the Slip owner shall have at law, ada► ratty or equity;
rt Any combination of any or all remedies set forth in this paragraph 6.
7. , If the Rester fails to timely make his rental payments, or is in any other materials default of this agreement, the
Slip owner shall have all remedies set faith in paragraph 6.c. above.
S. so . Renter agrees not to transfer, sublet, assign, or permit the use of their slip by any other person or vessel than
described above in section 1, above.
9. Reownd of Vessel. Renter shall not have the rigbt to remove his boat f the rontod slip or the location to which the
Slip owner has relocated the vessel hereinunder, until all costs and fees described in this agreement have been paid in Rill.
Renter agrees that the Slip owner may look to the credit of the vessel for unpaid rent, dockage and other services provided
to the vessel, and the Slip owner may use self help, the state, federal and maritime lien laws in pursuit of its rights to
payment.
10. Roks and Regulations. Renter agrees to maintain zero clutter or personal belongings on all of the Marina property.
Renter agrees to keep all power cords above, out, and clear from the surface of the water at all times..
11. Foal Weather. Renter agree that it is not relying in any way upon the skill or intervention of the Slip owner or Marina to
protect the vessel should foul or dangerous weather threaten to damage, or damage the vessel. Renter agrees that only he
or she than also be held responsible for any damages caused directly due to, or from renter's vessel, including any
objects that originated from said vessel.
12. insurance Coverage It is the renters responsibility to oWn any insurance for renter o vesaef.
13. Entire Agreement. This agreement constitutes the entire agreement between the parties with respect to the subject matter
hereof and it may not be amended except m writing signed by both parties hereto.
14. Binding Nature. This agreement is binding upon and shall inure to the benefit of all parties hereto and their respective
heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto ve executed this agreement on the date first set forth above.
RENTERS SIGNATURE: 45 ' I z—r-- Date:
SLIP OWNER SIGNATURE
WITNESS:
2-ls-/�;-
(It is agreed by all parties that fazed signatures wiU be accented by both parties,)
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MARITIME
INSURANCE INTERNATIONAL
Thursday, December 17, 2015
To Whom It May Concern,
Please be advised we have been in discussions with Bryan Injaian of Accommodations Afloat, relative to
securing insurance for 6 Pack Charter Insurance. At this time we have coverage ready to bind for him
with the limits shown below, for the coverage noted in the preceding sentence.
Since this policy requires payment at the time of binding, we have not yet bound the policy. However,
the Policy is ready to bind & has been approved for his Charter Business.
The Coverage's we have quoted are as follows:
• Protection & Indemnity Liability: $1,000,000
• Fuel Spill Liability: $854,400
• Medical Payments: $1,000
• Uninsured Boaters: $1,000,000
Should you like to receive any further information, please don't hesitate to reach out to me at
843.606.5270.
Sincerely,
Nick 11&61 rtff
Nick McGinty
President
)Btploma
In Recognition of Successful Completion of the U.S Coast Guard Approved Curriculum for
� perator of "Eninopecteb Pooenaer Veogeiss
This is to certify that
(captain Ronalb 1. 01ann
has successfully completed our U.S Coast Guard Approved Operator of Uninspected Passenger Vessels (OUPV) (Mariners
Learning System) (MARSCH-350) course which satisfies the examination requirements of CFR to.2o5 (i).
June 9, 2015
Captain obert . Fig6lar Issued This Date Pensacola, FL
President, Mariners School, Inc.
This is proof of passing certificate of an approved course must be submitted to the USCG within one (1) year of date shown.
The USCG retains the ultimate license issuing authority and all established requirements must be satisfied.
# 099965
A
MARITIME
INSJRANCE INTERNAT'ONAL
CERTIFICATE OF INSURANCE
CLIENT:
ACCOMODATIONS AFLOAT, LLC
ADDRESS:
158 ORANGE AVE
CITY STATE ZIP:
FAIRHOPE AL 36532
VESSEL:
2007 HUNTER 36
HIN#:
HUN363391607
INSURANCE COMPANY:
GEICO MARINE INSURANCE
POLICY #:
CBT1007755
EFFECTIVE DATE:
February 4, 2016
EXPIRATION DATE:
February 4, 2017
COVERAGE INFORMATION:
DESCRIPTION COVERAGE DEDUCTIBLE
PHYSICAL DAMAGE
50,000
2,500
WINDSTORM DEDUCITBLE
5,000
LIABILITY
1,000,000
0
MEDICAL PAYMENTS
1,000
0
PERSONAL PROPERTY
3,000
500
UNINSURED BOATERS
1,000,000
0
TOWING
500
0
NAVIGATION:
REFER TO THE ISSUED POLICY.
LOSS PAYEE:
NONE
ADDITIONAL INSURED:
CITY OF FAIRHOPE; 161 N. SECTION STREET FAIRHOPE AL 36532
CERTIFICATE HOLDER:
NONE
February 4, 2016 Nicholas
DATE: NICHOLAS MCGINTY
PRESIDENT
MARITIME INSURANCE INTERNATIONAL
3 LOCKWOOD DRIVE SUITE 302A; CHARLESTON SC 29401
843.606.5270 (P) / 888.482.6844 (F)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
CERTIFCATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVLEY OR NEGATVILEY AMEND, EXTEND, OR ALTER
THE COVERAGE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTITIVE OR PRODUCER AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder is an additional insured, the policies must be endorsed. Is subrogation
is waived, subject to the terms and conditions of the policy, certain policies may require an endorsement. A
statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED ABOVE HAVE BEEN ISSUED TO THE NAMED INSURED ABOVE FOR
THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM, OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE
POLICIES DESCIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS, EXCLUSION, AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MARINE INSURANCE BINDER Binder No.
CBT1007755
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT
TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
NAME AND ADDRESS OF AGENCY
COMPANY
MARITIME INSURANCE
GEICO Marine Insurance Company
INTERNATIONAL, INC.
Effective 12:01 am Feb 04, 2016
3 LOCKWOOD DRIVE SUITE 302 A
Expires 12:01 am Mar 05, 2016
CHARLESTON, SC 29407
843-606-5270
NAME AND MAILING ADDRESS OF INSURED
❑ This binder is issued to extend coverage in the above named company
BRYAN INJAIAN
per existing policy #
(except as noted below)
158 ORANGE AVE
FAIRHOPE, AL 36532
Description of Vessel
2007 HUNTER 36'
HULL ID: HUN363391607
THIS IS AN AGREED HULL VALUE POLICY
Type and Location of Property
Coverage/Perils/Forms
Amt of Insurance
Deductible
Hull and Equipment
$50,000
$2,500
See above description
Emergency Service
$500
w
a
Boat Trailer
N/A
0
Personal Effects
$3,000
a
Type of Insurance
Coverage/Forms
Limits of Liability
IXComprehensive Form
G054
Bodily Injury and property Damage
Per Person Per Accident
Combined (Each Person)
J
m
Fuel,Spill Liab $854,400
Q
J
[X Longshore Harb Wk Comp Statutory
Bodily Injury and Property Damage
$1,000,000
EX Med Payments $1,000
Combined (Each Accident)
[X Uninsured Boater $1,000,000
Total Premium: $1,358.00
State Taxes/Fees: $0.00 Net Annual Premium: $1,358.00
CRUISING LIMITS (There is no coverage outside of this area without the Company's prior written permission.)
Atlantic and Gulf Coastal Waters of the U.S., and Pacific Coastal waters between Cape Scott, Vancouver Island
and Point Banda Mexico, and inland waters tributary thereto, not to exceed 10 miles offshore.
SPECIAL CONDITIONS/OTHER COVERAGES
Both, the Insurance Application (to be completed and signed by the insured) and Special Conditions on the back
of the form (if any) must be completed within 30 days of the effective date or coverage will be canceled.
In the event of any loss caused directly or indirectly by a storm named by the National Oceanographic and
Atmospheric Administration (NOAA), and if the boat is located in NC, SC, GA, FL, AL, MS, LA, TX, the
Bahamas, Caribbean, or Mexico at the time of the loss, the deductible subtracted from each loss, whether partial
or total loss, will be 10% of the amount shown for Coverage A on the Declarations Page or $1,000, whichever is
greatest.
NAME AND ADDRESS OF ❑ LOSS PAYEE
Edward P.H_oloowniia
LOAN t!.
Signature of Authorized Representative 09/10/2015
BNDR0509
CONDITIONS
This Company binds the Marine Insurance stipulated on the reverse side. This insurance is subject to the terms,
condition, limitations and exclusions of the policy(ies) in current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating
when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in
accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not
replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in
use by the Company.
APPLICABLE IN NEVADA
Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is
required: (A) Shall be fined not more than $500.00, and (B) is liable to the party representing the binder as proof of
insurance for actual damages sustained therefrom.
* THIS BINDER CANCELS AND REPLACES ALL PREVIOUS BINDERS *
SPECIAL CONDITIONS
The following apply to the binder:
1) A signed Application is required within thirty (30) days of the effective date of coverage. Please contact your
agent for a copy of the application if one has not been provided already.
* THIS BINDER CANCELS AND REPLACES ALL PREVIOUS BINDERS *
BNDR0509
17
�I T1t8 document is a Se; 1Af`i. ren' identity do- omcnt for the
Purpose of the 1;eafarers' ?deal Iiacwueuts Convention
f RcwKed.), 2005, ref the International Labor ®rganitation.
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UNITED STATES OF AMMCA
AfERCHANTMARINER CREDENTIAL 1
Issued By; The Unl`W 9lstes COWS Goard Nod"el MarWmD 04nter
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00cument Number Type Gounrry Code Fiafn ronce Numbor
USAGIN123827 08 USA 2738889
Full Name
STEVEN LOUIS DAY
Proem[ Addre"
27300 PARKER LANE
DAPHNE, AL 36526
Otlzonship Hsignl Hair Odor DOB
USA 603" GRY 30-NOV-1945
Sex Weighr Eyo Color Pled of Birth
M 2qq BRO MORRISTOWN, NJ
Issue Cate Firation pets
29 SEP-2011 2TSEP 2016
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