Before any property or facility in Kewalo Basin is
utilized by any vessel, its owner shall execute a revocable permit
appropriately conforming to the description provided below, obtain the approval
of the HCDA which shall be evidenced by an endorsement on the revocable permit
to that effect, and follow such other procedures and requirements as may be
established by the HCDA to facilitate effective management of the permits;
provided, that the HCDA may waive the requirements of this section in the case
of trivial and infrequent uses of state property or facilities, or as the
circumstances may warrant. A revocable permit may contain the following terms,
covenants, and conditions:
(1) The
owner's certification of all information contained in the application and
submitted as being true;
(2) The
owner's covenant to abide by the current charges, tolls and fees and the
incorporation by reference of the rules into the agreement;
(3) The owner's authorization for the State
to assign and reassign berths and spaces for the owner's vessel;
(4) A provision stating that all persons
signing the agreement shall be jointly and severally liable for the full
performance of all terms, covenants, and conditions thereof;
(5) The owner's authorization to the HCDA and
the State to board the owner's vessel to effect reasonable inspection and audit
the owner's records;
(6) The
owner's covenant to pay all applicable fees, tolls and charges, and the owner's
authorization of the HCDA and the State to assess collection and service
charges for the delinquent payment thereof;
(7) The owner's authorization to have HCDA
and State remove owner's vessel, at owner's expense, with or without notice,
should it lose power or otherwise become disabled in Kewalo Basin, entry
channel or shoreline should owner not remove vessel within three hours of it
becoming disabled;
(8) The owner's
covenant to indemnify the HCDA and the State and its officers and employees for
damages and injuries arising out of the owner's exercise of privileges granted
by the revocable permit;
(9) A
provision that the term of the revocable permit shall terminate upon expiration
of the stated period, thereby requiring a renewal of the permit to continue to
use Kewalo Basin and its facilities;
(10) A provision that the revocable permit
with its attendant privileges is revocable and the owner's covenant to pay,
upon the owner's failure to promptly remove the owner's vessel from Kewalo
Basin upon revocation, cancellation, or termination of the mooring permit, a
reasonable sum to be established between the parties and to be made a part of
the agreement, as liquidated damages;
(11) The owner's authorization to the HCDA
and the State to reasonably effect the removal of the owner's vessel;
(12) The owner's covenant to pay all costs
and attorney's fees, including cost of collection of delinquent fees and
charges in the event the HCDA or the State is forced to institute a suit
against the owner and is successful in such a suit;
(13) A provision stating that, except as
provided, neither the agreement nor the privileges attendant thereto are
assignable or in any way transferable, in whole or in part;
(14) An open provision to enable the HCDA and
the owner to negotiate additional terms, covenants and conditions as may be
proper under the particular circumstances, including but not limited to
provisions requiring sufficient comprehensive liability insurance coverage,
security deposit and performance and compliance bonds in such amounts as may be
warranted under the circumstances;
(15) A provision allowing multiple vessels
owned by a permittee or trade association to share berth(s) provided that at no
time will more than one vessel be moored at any one berth;
(16) A provision that a permittee may be
allowed to use or install a ticket booth upon such conditions as contained in
the revocable permit; and
(17) A
provision that in the event charges that accrue in favor of the HCDA are not
paid, the HCDA may, after reasonable notice, take possession of the vessel, its
tackle, apparel, fixtures, equipment, and furnishings, and may retain
possession until all charges then owing and any charges which shall thereafter
accrue are fully paid and the remedy thus provided is in addition to and not in
lieu of any other remedies provided by Jaw or otherwise.
