SHIPYARD QUARTERS MARINA1 PIER EIGHT

CHARLESTOWN, MA 02129(617) 242-2020

DOCKAGE LICENSE AGREEMENTBASIC IN'FORMA TION

A.

ALL INFORMATION TO BE PROVIDED BY LICENSEE MUST BE COMPLETEDPRIOR TO THE USE OF THE SLIP BY LICENSEE.

Name: 4~6'<:~I

LICENSEE

Social Security No.: 22./ .z s> &~:$~

HOME ADDRESS OF LICENSEE Street: __ ~-L..::S-,---,---,g--,-~-,,-e--,-,e.~7,-- _

City, State, Zip: C64e1cs ~4/

Telephone: (P I 7 ,2. ~~ ;21N.Cell Phone: ~I '7 ~ 70 ;z. iZ l,zEmail Address: at:r£~8 1? tL.

WORK ADDRESS OF LICENSEE Comp~y: ~s~

City, State, Zip: C2s~ k'VV\-=

Telephone: ~/7 3)3 :rO/b

<:5 ;z.,;z IL

VESSEL Name: __ ~~~;O~k~k4~ _

Registration orDocumentation No. : State: cnA

Length Overal1: __ ~1'__"'LP"'____ Beam: /.;{ Draft: __ ~~ __

VESSEL OWNER Name: ,At$a V ~

Social Security No. : _

HOME ADDRESS OF VESSEL OWNER Street: .~ l.l <:

City, State, Zip: _

Telephone: . _

WORK ADDRESS OF VESSEL OWNER Company: ad&>v c:-

Street: _

City, State,Zip: _

Telephone: _

SLIP NUMBER 11.s-- // ~&. ~ ~C!!',vCJ C F .,:; ••.•CJ e <2--

.g;:e Be AS$l@EDLesso! !~!IlJ'substitute the slip j3U:fSuffiltto the teuus in Secti\"Jl14.- D _~t/~ f~ ,M ~,.s s~.,..~<2.. ~,1l ys.4ilSo A-.J~ tU::,-I/.4 't-.,.u Sh?/'l'~ G/••aa70.·,ec /~ y~,e!.;r: ~".~.-c.:r-TO ~H! 77i,J YOFr'

$e..~ ASS';}~ ro _r.r Foe.. z.~c> ~_~ S_80-.]. '::;""""<-T'-Nt!.' .s~~ 1:./ ;n;,J 'Ie.- <II 7cc 1I/e' .•••••

B. Dockage Fee is calculated by multiplying the overall length of the vessel or length of the slip; whichever is greater, by the rate per foot for thelicense term.

The rate per foot for the license term shall be $140 per overall foot, unless slip reserved and $750 non-refundable fee is paid by November 1,2009 we will offer a reduced rates of$133 per overall foot or slip length whichever is greater.

The Licensee(s) represents that:

Licensee(s) living aboard the vessel? __ Yes ~o(Only Licensee(s) may live aboard vessel unless prior written approval is obtained from Licensor; such approval

may be withheld at Licensor's sole discretion.)

The overall length of vessel in feet is?

Based on the above representations, the fee is calculated below. Licensor will adjust the fee at its discretion should the aboveinformation differ from the actual overall length or live aboard status.

1. Enter dockage rate perfoot of $140Or if requirements met $133

133

2. Enter $20 for an additional 30 or 50 ampElectrical connection; if required.

3. Total (Add L & 2) 13.3 ~,/? I/S--/~t;"~ to ~e:f;{ 7:U es=-pI> o ~ h~ff'e...4. Enter overall vessel length:(Slip length if greater)-

5. Dockage Fee for license period(Multiply number 3 by number 4): $ 7;990

Licensee shall pay to Licensor, without notice or demand and without set-off the Dockage Fee for the license periodDue and payable as follows:

$750 non-refundable fee is due by November 1,2009 in order to reserve a slip andbalance of Dockage fee is due by January 15, 2010.

If slip reserved and $750 fee paid by November 1,2009 we will offer a reduced rates of $133 per ft.

LICENSEE UNDERSTANDS AND AGREES THAT ALL PAYMENTS OF DOCKAGE FEES ARE FINAL AND NON-REFUNDABLE. ANY INABILITY OF LICENSEE TO UTILIZE THE LICENSE IN ACCORDANCE WITH THE TERMS OFTHIS AGREEMENT SHALL BE AT ITS SOLE RISK. IF, AND ONLY IF, LICENSOR CANCELS THE DOCKAGE LICENSEAGREEMENT WITH LICENSEE WITHOUT CA USE IN ACCORDANCE WITH SECTION 1 THEREOF WOULD LICENSEEBE ENTITLED TO ANY REFUND - AND IN THAT CASE IT WILL BE ONLY FOR THE PORTION OF THE DOCKAGE FEEEQUAL TO THE PORTION OF THE LICENSE PERIOD AFTER SUCH A CANCELLATION.

Licensee is required to provide Licensor a major credit card for the payment of unpaid Dockage Fees due to Licensor. Licenseehereby authorizes Licensor to charge any unpaid Dockage Fees on January 15,2010 to the credit card listed below.In addition, Licensee authorizes Licensor to charge any other unpaid balances due in connection with the Agreement on or afterthe 15th day of each month during the term ofthe License to the credit card listed below.

Please charge my 0 Visa,,~,~ 0'\

Card:________________ ~ ooz,O

-U~e~ ~"

o MasterCard

Expiration date: _

Signature

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DOCKAGE LICENSE AGREEMENT

On this Jo day of tft:f'DtStlZ... , 20~ SHIPYARD QUARTERS MARINA, 1 Pier Eight, Charlestown, Massachusetts(Day) (Month) . ./

02129 (hereinafter "Shipyard") and ,(,j? ~Cc-d...,. (hereinafter "the licensee"), of(Licensee's full name)

qs- ~/6'7e 7 ChrzJ.es~l.Ur-.J M ~ 02.1 2-r hereby agree to the limited(Licensee's street address) (City) (State & zip code)

license only for dockage or wharfage rights for the __ ~$«....;:,,"=- foot vessel known as _--=5oy?,+,--=J.,~u=-~ _(Length of vessel) (Name of vessel)

under the terms set forth in this agreement for the ';;""V"\M c.<z- season, 20~. The vessel has a declared value of

Section 1. The fundamental provisions including Shipyard's right to terminate the License.

Shipyard hereby grants to the Licensee a limited license to dock the Vessel for the License Period and any Extended License, whichmay be granted by Shipyard in the future period at a slip at the Marina. Upon payment of any additional fees as Shipyard may require, theLicensee shall also have the limited right to the use of, and access to, the areas of the Marina intended for the general use of its clients andwhich must be used in common with the other clients; these areas include the docks, walkways, parking area, dock area restrooms, laundryfacilities, showers. Upon payment of any extra fees, which Shipyard may require, Shipyard may provide access to electricity, fresh waternear the slip, pump-out services, cable television, and telephone.

This agreement grants only a license to the Licensee, and specifically does not grant a lease or another interest in land or realproperty. The licensee hereby represents and acknowledges that he or she has' entered into this license agreement for the purpose ofsecuring dockage for the Vessel; in this regard the licensee explicitly acknowledges that any slip in the Marina is not unique, and has nounique properties or characteristics and is interchangeable with any other slip at the Marina or at any other marina, dock or wharf withininner Boston Harbor of similar length and width. As a license, this agreement is subject to cancellation by Shipyard at anytime and or anyreason (for cause or otherwise). The License may not be transferred or assigned by the Licensee and money damages shall be the saleremedy for any wrongful termination or cancellation of the license in Shipyard (i.e. this means that there is no right to an injunction toremain at the Marina or in any slip and the Licensee agrees, even upon any wrongful termination to remove the Vessel from the Marinaimmediately). At any time, for any reason, and without notice to the Licensee, Shipyard shall have the right to move the Vessel and/or toreassign the slip, at which the Vessel shall be docked, relocate the Vessel out of the Marina, and board any Vessel:

The failure to provide access to any areas or services shall not constitute a breach of the License by Shipyard. The Licensee maynot terminate this License prior to the expiration of the License Period or any Extended License Period.

Whenever Shipyard incurs expenses resulting from expiration, cancellation or termination of this License, or the enforcement ofany of the provisions of this License, the Licensee shall pay to Shipyard on demand any and all such expenses of enforcement, includingwithout limitation filing fees, collection fees, attorney's fees, together with a 15% administrative surcharge thereon and any re-licensingcosts or expenses (if not at the expiration of the Licensing Period or the expiration of any Extended Licensing Period).

No acceptance by Shipyard of a sum less than all amounts then due from the Licensee shall be deemed to be other than on accountof the longest outstanding charge, nor shall any endorsement or statement on any check or any letter accompanying any check or payment,nor any other partial performance by the Licensee be deemed an accord and satisfaction.

Section 2. The license period and terms of renewal.

The License shall be granted for the duration of One Season. Each calendar year shall be divided into two seasons: the SummerSeason shal! run from May l " until October 31 st, inclusive; the Winter Season shall run from November I" until April 30th, inclusive.Nothing in this license agreement and nothing in any notice of charges for the original season nor the acceptance by Shipyard of anyadvance payments shall alter or diminish Shipyard's right to revoke the license at any time or to choose not to renew the license at thetermination of any season.

Section 3. Dockage Fees.

The Licensee shall pay Dockage Fees to Shipyard for docking the Vessel during the License Period. Dockage Fees shall be paid infull on or before execution of this License and on or before February 1 and October 1 of each year with respect to the following LicensePeriod. Utility Fees, and Common Area Fees must be paid by the Licensee on or before 30 days prior to the first day of the License Period.The Licensee shall also pay to Shipyard on demand all charges for the Licensee's use of Marina facilities, utilities at rates specified byShipyard from time to time, and any charges related to work performed by contractors at the Marina. The Licensee agrees to pay Shipyardinterest at the rate of 18% per annum on unpaid Dockage Fees and other amounts past due for more than (10) days.

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Section 4. Slip assignment and docking. h:; \..:;z:-~•••.'-eev -~ s,,?~ ~u /t£ Y~4e.s: .QNIJ $,.c ~N 54MoC. S;c.~::rJII- f',qy~"';::J- ~'t49~The slip will be assigned by Shipyafd. The parties acknowledgt that the Licensee has no right to a specific slip and that tht S§li is ~ 6,

subject to change, relocation, or reassignment at any time at the option and direction of Shipyard and without notice to1i?ttfce~~ ~"'-C"Licensee shall berth the vessel only at the slip or location as Shipyard directs. If this covenant is breached, the t?~etYs&'Shl!r::pay jQShipyard on demand (i) an administrative charge specified by Shipyard from time to time for each..QllY...9rJ?ortion(hdi5t~ttte~een~1Z.. ~~2.sor Vessel is in violation of this covenant; plus (ii) all towing expenses incurred by or on behafm~a;a-in ~\mfrhwfsseL Any slip Iy-or docking location is subject to reassignment or change at any time by Shipyard without prior notice to the Licensee. Additionally,Shipyard shall have the right to move the boat at any time and to any place within or outside the Marina, without prior notice to theLicensee.

Licensee covenants and agrees not to sublet, assign, rent or otherwise transfer all or any part of the Slip or any other rights underthis agreement without prior written approval of Licensor; such approval may be withheld at Licensor's sole discretion.

Licensee covenants and agrees to inform Licensor if they plan to vacate the Slip for a period of longer than 24 hours at least 7 daysprior to vacating slip.

Section 5. The Licensee bears all risk of loss or damage.

The Licensee assumes all risk of damage, theft or loss to the vessel, its equipment or any other property of the licensee and furtherassumes all risk of damage or loss caused by the vessel, its equipment or any other property of the licensee, to any other vessel or vessels,equipment, or property of Shipyard, its clients or any other person or entity, including but not limited to the docks, chains, moorings,walkways, electric distribution posts, fresh water spigots, pump-out equipment and other facilities. Shipyard shall not be required toprovide or maintain any security or fire alarm services or systems at the Marina and shall be held harmless for any failure to provide saidservices or systems.

Section 6. The Licensee shall maintain liability and casualty insurance.

The Licensee continuously shall maintain with a reputable insurance company qualified to do business in Massachusetts adequateliability insurance and shall also continuously insure the Vessel under an "all risks" insurance policy - the policy or policies shall includewreck removal coverage. The vessel shall at all times be insured under the "all risks" policy in an amount not less than its declared valueor in such greater amount as is required to prevent the Licensee from becoming a co-insurer. The bodily injury and property damage limitsnot less than $500,000 for vessels less than or equal to 36 feet in overall length or $1,000,000 for vessels greater than 36 feet in overalllength (or such greater amount as Shipyard may from time to time require) per occurrence and in the aggregate. At any time the Vessel isat the Marina, the licensee warrants that said insurance is in full effect. The licensee shall provide a copy of the valid insurance binderswithin ten (10) days of executing this agreement shall deliver to Shipyard prior to each License Period a certificate or binder evidencingsuch terms, and shall provide Shipyard at least thirty (30) days prior written notice of any cancellation thereof.

Section 7. Waiver of Shipyard Liability.

Shipyard, its officers, agents, servants, employees or contractors shall not be liable for any claim, loss or cost arising in whole or inpart out of any injury, loss or damage to any person or property while in or at the Marina or in transit thereto and therefrom, or out of anycondition within or around the Marina, unless not due solely to gross negligence or willful misconduct on the part of Shipyard, nor for anyclaim, loss or cost arising in whole orin part out of any act or omission of another vessel or owner or persons acting thereunder. Theparties acknowledge that Shipyard is not liable for any loss, damage, or theft of the vessel, its equipment or any other property of thelicensee. Licensee shall be held liable for their actions and the actions of their visitors, guests and clients.

Section 8. Indemnification and Insurance.

Licensee shall hold harmless and indemnify Shipyard, its officers, agents and employees from and against any claim, loss or costincluding without limitation, attorney's fees, arising in whole or in part, out of any injury, loss or damage to any person or propertyanywhere occasioned by any act or omission of the Licensee, any act or omission of any person operating, on-board, or visiting the Vessel,or any act or omission related to the Vessel. In addition to the foregoing, Shipyard may make all repairs and replacements to the Marina,docks, walkways, and slips necessitated by any of the foregoing acts or omissions and the Licensee shall pay to Shipyard on demand allcosts and expenses thereof.

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Section 14. Notices.

Except as otherwise provided in this Section, notices shall be given in writing, shall be delivered to the Licensee's Address or theMarina as set forth in Section 1, as the case may be (or such other addresses if acknowledged in writing by Shipyard), or ifto the Licensee,to the Vessel, and shall be deemed duly given and received: (i) if so addressed and sent by certified or registered mail, postage prepaid thenon the third business day after posting; (ii) if so addressed and delivered by hand, on the day of delivery; and (iii) if posted on the Vessel,on the day of such posting with respect to notices to the Licensee. Actual notice received by the Licensee shall be sufficient for allpurposes hereunder, even if not otherwise given in accordance with this Section. The Licensee shall notify Shipyard of any change inLicensee's address and/or telephone numbers.

Section 15. Interruption.

The Licensee acknowledges that the Licensee may be precluded from use and enjoyment of a slip, the Marina, the Vessel, or severalor all of the above for reasons beyond the control of Shipyard including without limitation, weather conditions, Acts of God, war, civilcommotion, fire, water, salt, ice, explosion, collision, petroleum spills or other casualty, theft, arson, vandalism and other criminal acts,strikes or other labor disturbances, shortages of labor or materials in the ordinary course of trade, and governmental acts. Any suchpreclusion and any related failure of Shipyard to fulfill its obligations hereunder shall be excused and shall not constitute a breach of thisLicense by Shipyard. If such preclusion results from an event, which affects only the slip or the Marina, the Licensee shall be entitled to aproportional abatement of Dockage Fees,

Section 16. Miscellaneous.

The Licensee represents and warrants that the Licensee holds legal title to the Vessel or otherwise has legal possession and custodyofthe Vessel for the full period of the license, has full power to enter into this License, and that there are no restrictions upon the Licenseeor the Vessel which limit the Licensee's power to bind the License and the Vessel to this License. The Licensee agrees to immediatelyremove the Vessel from the Marina' if he should for any reason no longer have the full authority listed in the prior sentence of thisparagraph. .

The parties to this license agre.ement irrevocably consent to the jurisdiction of the courts of the Commonwealth of Massachusettsand of any federal court located within the Commonwealth and agree to file any action, complaint, or request for legal or equitable reliefarising as a result of any dealings between the parties hereto or the licensee's use of Shipyard Quarters Marina in the courts of theCommonwealth of Massachusetts or any federal court located with the Commonwealth.

All waivers of any part of this agreement must be duly executed in writing. Any such waiver shall apply only to any breach statedin such writing. All rights and remedies provided hereunder to Shipyard are cumulative and may be enforced separately or in anycombination from time to time. Any provision of this License, or its application to any circumstance, shall be found to be invalid orunenforceable, the remaining provisioris hereof, or the application of such provision to all other circumstances shall not be affected thereby.This License contains all of the agreements of the parties hereto and supersedes all prior writings and dealings. No amendment to thisLicense shall be effective unless such amendment is in writing and signed by the parties hereto. The titles of the sections of this Licenseare provided for convenience only and shall not be considered a part of this License. This License shall benefit and bind Shipyard, itssuccessors and assigns, and shall be binding upon the Licensee and the Licensee's heirs and successors. Time is ofthe essence hereof.

Executed as a sealed Massachusetts instrument as of the Date of Execution.

Shipyard Quarters Marina, LLC

)/~ By: _

The Licensee oC.r $0 ~c:>C> 'I

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