Before any property or facility at a state commercial
harbor is utilized by any vessel, its owner shall execute a use permit
appropriately conforming to the description provided below, obtain the approval
of the department which shall be evidenced by an indorsement on the use permit
to that effect, and follow such other procedures and requirements as may be
established by the department to facilitate effective management of the
permits; provided, that the department 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 use 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 tariff 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 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 and charges, and the owner's authorization of the State to
assess collection and service charges for the delinquent payment
thereof;
(7) The owner's covenant
to indemnify the State and its officers and employees for damages and injuries
arising out of the owner's exercise of privileges granted by the use
permit;
(8) A provision that the
term of the use permit shall terminate upon expiration of the stated period,
thereby requiring a renewal of the permit to continue to use the harbor and its
facilities;
(9) A provision that
the use 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 the harbor 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;
(10) The owner's authorization to the State
to reasonably effect the removal of the owner's vessel;
(11) 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 State is forced to institute a suit against the owner
and is successful in such a suit;
(12) 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;
(13) An open provision to enable the State
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, and
performance and compliance bonds in such amounts as may be warranted under the
circumstances; and
(14) A provision
that in the event charges that accrue in favor of the department are not paid,
the department 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 law or otherwise.
