25-8613R_ATTACHMENT_G_COCOHATCHEE_REDACTED.pdf

L,o&10-hk{ u.,r", II sr;p+ 3

COLLIER COUNTY BOARD OT COUNTY COMMISSIONERS

BOAT DOCK RECREATIONAL/COMMERCIAL USE AGREEMENT

THIS RECREA o CIAL USE AGREEMENT (hereinafter "Agreement") is made this Board of County Trail, Suite 300, whose address is

NAME:

Commissioners s is 3299 East Tamiami ('User"),3411 2, and

For valuable consideration, the receipt and sufficiency ofwhich is mutuatly acknowledged, the parties hereby agtee as follows:

l. Premises / User's Vessel

1 .l County agrees to permit the User to use Slip # , (the "Slip"), located at the County Marina ('Marina"), which includes the right to use the Slip and the non-exclusive right to use, in common with other Users at the Marina, and the Public, the piers, wharves and loading platforms and the improvements constructed on them. The Slip and the Marina are located within the lands leased to the County pursuant to the State of Florida Sovereign Submerged Lease (as defined in Section 6.6 below). The Marina and location of the Slip are generally set foth on Exhibit "A" attached hereto and incorporated herein by refetence. User agrees that the County shall at all times have the right and privilege of determining the nature and extent ofthe Marina and Slip, and of making such changes, rearrangements, additions or reductions to the Marina and

Slip that the County shall deem proper, or which are made as a result ofany federal, state or local law, rule, regulation, guideline or order.

1.2 Nothing contained herein shall be deemed to grant an ownership righ! leasehold interest or tenancy right to User in the Slip or Marina.

1.3 User Information:

,IA]UID:

ADDRESS:

CITY

HOMEPHONE

FAx,dL)lI-

EMERGENCY CONTACT

STATE: zw,JA)

BUSINESS PHONE

I]MAlL:

lr6-PKR-00659/l 328325/ll

PHONE:

20 L by and between the Collier County

I

ATTACHMENT_G

Vcssel

1.4 user's vessel (The forrowing vessei shal be hereinafler referred to as "User's Vessel"):

VESSEL NAME: FL REG. DOC. #:

MANUFACTURER: YEARtrl_

LENGTH: BEAM DRAFT:

INSURANCE CARRIER: EXP DA

HULL SERIAL#:

fI srip#f

CIRCLE TYPE OF OUAIERSHIp: Individual Other

CIRCLE TYPE OF VESSEL:

OTHER OWNERS:

Partnership LLC user.must orvn a controlring interest (greater than 50%) in the user,s vesser. User mustprovide an affidavit of ownership inteiest in the uscr's vessel prior to entering into this Agreement, upo. any change of ownership ofthe User,s Vessel, anrl any time rufuesiea ny the County.

2.1 The Corurty Manager or designee shall be authorized to execute, administer and provide for notification of termination of this Agreement.

2.2 The term of this Agreement shall begin on the date fust written above and shall continue from month to month thereafter until terminated by either parry, unless sooner terminaled in accordance with, and punuant to, the terms and conditio$ of this Agreement, the Codes and

Ordinances of Coliier County, or the duly adopted rules and regulations of the Marina and any other local, state or federal laws. This Agreement may be terminated by the County on thirty (30) days notice to User of Corinty's intent to terminate this Agreement. This Agreement may be terminated by User upon thirty (30) days notice to the Courty of User's intent to terminate this Agreemelt. Notices to terminate must be in writing; cmai.l is acceptable.

Fishing Boat Sailboat Other

1.5 Notwitbstanding anything to the contrary contained in this Agreement, the County reserves the right (in the County's sole and absolute discretion) to reassign User ro another Slip within the Marina that is of equal or greater size to the Slip. upon ten (10) days notice to User. us"r agr".t to acknowledge in writing the reassignment ofthe Slip ifrequested by the County within ten (10) days of the County's request.

2. Authoriry

(_____:a ll6-PKR-00659/l 328325/1 l

,.,,",-lII,-.,,0*f -

2.3 User acknowledges that [Jser has no renewal option or renewal right under this Agreement and that upon the expiration or sooner termination of this Agreement, User shall immediately deliver possession ofthc Slip to the County.

3. Use Fee / Security Deposi!

3. I For each month during the term of this Agreement, User agrees to pay County the use fee rate prescribed by Resolution of the Collier County Board of County Commissioners ("BCC) for the use of the Slip, which may be modified or amended in the sole and exclusive discretion of the BCC during the term of this Agreement. Upon signing this Agreement, User must pay the first month's use fee and last month's use fee.

4, Possession

3.2 Use fees shall be paid in advance and shall be considered delinquent ifnot paid in fu1l on or before the tenth day of each month. In the event any use fee shall remain unpaid for thirty (30) days after the same become due and payable, County may, at the option ofthe County Manager or designee, terminate this Agrcement.

3.3 Futue use fee rates may be adjusted by the County annually based upon a formula approved by the BCC Resolution. Such adjustments shall be automatic without the need to amend the Agreement, provided, however, in the event the County elects to amend the Agreement to reflect such increased fees, User agrees to amend the Agreement.

3.4 All payments shail be made without demand at the Marina Offrce, or at such other place and to such other person as the County may fiom time to time designate in writing and shall

Le received by the County no later than the tenth (10e) day ofeach month'

3.5 When the Agreement begins on a date other than &e first (1') day of the month, the first month's use fee shill be prorated. If proper 30 day termination notice is given by the

User, fees for the last month ofthe Agreement shall also be prorated'

3.6 A charge of five percent (5%) of the rotal monthly amount that is not paid when due shall be assessed each *onih. ln "ddition, the County shall be abte to place a lien against

User's Vessel, or any vessel hereafter moored by User at the Slip' including the appurtenances and contents thereof, in tfre event ofany unpaid sums due for the uje ofthe docking facilities or other

,"*i"., o, fo, au*ages or injuries caused or contdbuted to by User or any vessel owned by User io uny do.t. o, propirty orttte county or to any other property or persons at the Marina

4.1 In retum for User's proper performance ofall obligations, lountY shali provide to

User use of the Slip in reasonabiy jooO .o'altiott and without unreasonable disturbance'

5. Assignmcnl

5.1 user shall not assign or encumber this Agreemen! or assign or transfer in any way'

*v int.r"rt i" U;;r;; v"r..r, oi*" "i p.*it the us-e of the Slip for any pupose other than ll6-PKR-00659/1328325/l l

Vessel SIip # provided by the terms of this Agrcement. User shall not allow anyone else to use the SIip by agreement or otherwise, or any part thereof.

5.2 No vessel other than User's Vessel may be rnoored at the Slip. If User sells the existing vessel, purchases a new vessel, or the vessel is otherwise permanently removed, User shall immediately notift County with the information on the new vessel, and provide intentions as to the future use ofthe Slip. Any and all uses ofthe Slip must conform to the terms ofthis Agreement, the Code of Ordinances of Collier County, and the duly adopted rules and regulations for the Marina.

6.1 Recreational users only: The Slip is to be used for docking or mooring space for recreational vessel and use purposes only, and only for User's Vessel. Any other use of the Slip by User is not permitted without the wdtten consent ofthe County, which consent may be withheld in the County's sole and exclusive discretion.

6.2 Commercial users onlv: The Slip is to be used for docking or mooring space for commercial charter vessel purposes, boat broker purposes, boat club or interval ownership purposes, water shuttle purposes, or similar commercial charter vessel purposes. Any other use of the Slip by User is not permitted without the written consent of the County, which consent may be withheld in the County's sole and exclusive discretion.

6.3 The Slip is to be used at the sole risk of User, and the County shall not be liable for the care, proteotion or securify of User's Vessel, appurtenanses or contents, or for any loss or damage ofany kind or nature to the User's Vessel, User's Vessel appurtenances or contents' due to fire, theft, vandalism, collision, equipment flailure, windstorm, hurricane, rains, other casualties or any other reason. There is no wananty of any kind as to the condition of the piers, walks, ganglryays, ramps, mooring gear, electdcal and water services, and the County shall not be responsible for any injuries to persons or property occurring at the Marina, or on Marina property, for any reason.

6.4 User shall not deposit or allow garbage or trash to be deposited al the Slip' All garbage must be properly deposited and contained within the appropriate containers supplied by t-t" Cou"ty and Usei must comply with any and all laws relative to proper storage, removal or disposal of refuse.

6.5 User shall not deate or cause any nuisance (as determined by the County' in the

County's sole discretion) to occur or continue at the Slip or Marina'

6.6 User shall not co[duot or engage in any illegal activity at the Slip, at the Marina or upon User's Vessel.

6.7 User, in the use and occupancy ofthe Slip, shall promptty comply with all statutes' ordinances, rules, oiders, regutatio*, urd,.quit"'ntnts ofany governmental agency with authority

I l6-PKR-00659/1328325/l]

6. Use

Vessel over the Marina including any applicable Sovereign Submerged Land Lease. Further, User aSrees that

(a) All parts of User's Vessel (including without limitation, any extensions of the User's Vessel's bow pulpits, dive platforms, nets, trawl doors, outboard motors, outdrives and dinghies) moored at the Slip shall at all times be located wholly within the boundary of the Slip;

O) User shall possess a cunent registralion and title as required by Chapters 327 and 328, Florida Statutes,, for User's Vessel, or current vessel registration and title as requlred in another state or country for User's Vessel;

(c) User's Vessel shall be maintained in a fully operational condition and capable of self-propulsion;

(e) Liveaboards at the Marina are prohibited and the User's Vessel shall not be a liveaboard. "Liveaboard" is defined as a vessel docked at the Marina &at is inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days withil a thirty (30) day period; and

(f) A violation or failure to comply with any of the foregoing shall, in addition to and not as a limitation of any other remedy of the County hereunder, entitle the County to immediately eject from the Slip and Marina the User.

Notwithslanding the term set forth in Section 2.2 above, in the event the Sovereign Lease or any other govemrnental authodty or permission necessary to operate tle Marina or the Slip is teminated or expires, this Agreement, at the sole option of the County, may be terminated bf the

County and this Agreement shall be deemed to expire as ofthe date the Sovereign Lease ofsuch other governmentil authority or permission necessary to operate the Marina or the Slip is terminated or expires, as the case may be.

6.8 User shall not do or permit any act which will conllict with provisions of any insurance policies covering the Marina.

6,9 The mooring of vessels at the Marina are subject to the ordjnances, rules and regulations ol Collier County (as may be amended from time to time), and the terms of this

Agreement, and do not create any other rights in User.

6.10 Restoom facilities are available during regular Marina business hours' Sewage pumpout is also avaitable for a fee within the Marina' stipsl

7. Boat lifis

T.lNoboatliftsofarrykindareauthorizedforinstallationattheMarina'Liftsthatare

"unently instali"d are authorizito;main pursuant to the terms of this Agreement. The User is

5ll6-PKR-00659/1328325/l l

(d) Discharge to surface waters ofUser's Vessel's sewage is prohibited;

Uarra,II ,,,0n !

required to pmvide proofofsafe operation to Parks and Recreation Director or designee within 30 days of signing this Agreement. Proof must be provided by a licensed lift installer or maintenance company. Failure to provide said proof within the time provided will automatically terminate this Agreement. If the documentation reveals that the lift is not operational, the User is required to come into compliance within 30 days or to remove the lift within 30 days from the date of the certification.

7 .2 Boat lifts are subject to annual inspection and certification and must be provided to Parks and Recreation Director or designee wilhout demand or notice on the anniversary of sigaing this Agreement. Failure to do so within 30 days from anniversary date will automatically terminate the Agreement. Once a boat Iift is no longer operational, it must be removed. No aew or replacement boat lifts will be authorized.

7.3 If an authoriz-ed User with a boat lift vacates the Marina, the User must remove the boat lift and restore the dock to its original condition. Failure to do so will result in the County seeking to recover the costs to have the boat lift removed and the dock restored.

8. afilities

8.1 If utility chaiges are deemed necessary (as determined in the County's sole discretion) at some future date, utility charges (including any and all taxes) shall be added to User's monthly use fee bill without further negotiation.

8.2 In the event utility charges are due pursuant to Section 8.1 , User shall be responsible for the timely payment of all utility charges, including without limitation charges for electricity, water, cable, and telephone, if any.

8.3 In the event utility charges are due pu$uant to Section 7.1 and ifUser fails to make timely payments on said utility charges, the County may require the amounts due to be paid as additional use fee on the date the next use fee payment is due.

9. Repairs and Maintanance

9.1 The County agrees to operate and maintain dockage ald mooring facilities at the

Marina in a reasonably clean, sanitary, and safe condition and comply with federal' state and local law and the terms and conditions of federal, state and local permits regarding the operation and maintenance of the Marina.

9.2 The County shall be responsible for the repair, maintenance and reconstruclion, if and when the need arises (as determineby the County in the County's sole discretion), of the Slip and the Marina in a good, tenantable, ani structurally sound condition, unless needed repairs and reconstruction are ciused by the negligence or the wrongful acts or other acts of User, user's

Vessel, User's employees, guests, agents, visitors or invitees'

6ll6-PKR-00659/1328325/ll

IVessel Slip #

9.3 User shall keep the Slip in a cleaa, sanitary, and safe condition in accordance with any rules, codes or regulations of any govemmeuial agencies having proper jurisdiction. County will have the authority to make such determination in County's sole discretion.

9.4 User shall not make any improvement or alterations to the Slip without prior written approval ofthe County, which approval may be withheld in County's sole and exclusive discretion.

9.5 Ifthe Slip is destroyed or so damaged by fire or other casualty during the term of the Agreement so as to become no usable by User (as determined by County in County's sole discretion), County shall have at its option: (i) the right, notwithstanding anything to the contrary contained herein, to immediately terminate this Agreement; or (ii) the right (but not the obligation) to render said Slip usable by repairs rvithin one hun&ed and twenty (120) days therefrom, and User shall not be obligaled to pay any us€ fee during the period of time that the Slip is unusable.

In the event ofsuch casualty, County shall not be requfued to make any repairs or replacement of any improvements, nor shall County be responsible for the replacement of User's Vessel or personal property. Ifthe County elects to render the Slip usable and the Slip is not rendered usable within such one hundred and twenty (120) day period, either party then shall have the option to cancel the Agreement, and if the Agreement is so canceled, the use fee shall be paid only to ths date of such casualty. The cancellations herein contemplated shall be effected by written notice directed to the other party.

10. RightofEntry

10.1 The County has the right, at all reasonable times, to enter upon the Slip to inspect, maintain, repair, or make reasonable alterations to the Slip. The County may not unreasonably interfere with the User's use of the Slip.

11. Sigzs

I 1.1 No signs are permitted

12. Insurance l2.1User,atUser'sowncostandexpense'shallatalltimesduringthetermofthis Agleement mai-ntain with an insuance compaly, acceptable to County, a Public Liability.and prip..ry Damage policy to include fuel and oii spill liability with limits of not less than three hunared thousaid dollars and no/100 cents ($300,000) per occlurence' naming Collier County ioa.a of County Commissioners as additional insured, said minimum limit subject to futu'e increase by County. Commercial users are required to maintain $500'000 per occtu?ence as described herein.

12.2 User shall provide the County with a copy of the insumnce policy evidencing

"or"rug" opon

"xecution of 11'i. egr""."nt and no later ihan thirty (30) days priol to expiration ofa poiicy, evidence of the renewal of the policy'

[1 6-PKR-00659/l 328325/U

Vessel SIip

12.3 Any contmctors employed by User shall register at the Marina o{fice prior to beginning work, providing a valid business license and proof of insurance naming the collier County Board of County Commissioners as additional insurtd in compliance with the terms set forth herein and as designated by the county Risk Management with limits of not less than one million dollars and no/I00 cents ($1,000,000) annual aggrcgate and comply with all laws.

12.4 Commercial users only: User shall provide the County with proof of workers, compensation coverage for the conduct of User's business, or with proof of exemplion from coverage requirements.

13. Liability

13.1 To the maximum extent permitted by Florida law, the User shall indemniS and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attomeys' fees and pardlegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the User or anyone employed or utilized by the User in the performalce of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or retnedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes.

,{lt_

14, Release of Liability Upon Sale, Lease, Renovation or Replacemenl

14.1 In the event oi (i) any sale, or sales of the slip or the lr{arina by the county; (ii) the assignment of this Agreement by the County; and/or (iii) any renovation, replacemenl or removal-of the Slip or Marina by the iounty, the County shall have (at the County sole option) the right (but not the obligation; to immediateiy terminate this Agreement upon notice to User. The

Ciunny,, obligations irnder ihis Agr""rn"nishall be binding upon the County only for the pedod ofdm; that th; County is a party ti thir Agr."r"rt and upon an assignment of this Agreement bv tn" c."",y, user shall look solely to iirc county,s assignee under this Agreement for thc satisfaction ofeach and every obligation ofthe County hereunder'

15. Rules and Regulations

15.1 The County reserves the right from time to time to adopt and to amend ordinances' rules ar,.d regulations appiicable to the Slii and the Marina. The County will provide at least ten iibt;y;;,t* oi*ih *ain*."r, -r.'. *a regularions, prior to adoprion by the BCC, to be i,".itJ'J ttre tvtarina. pulur"li it,r County to -post at th; Marina said ordinances, rules and lrgrr",i*, p,l* to adoption ;"li ;;t affect trre vatidiry ofsaia ordinances, rules and regulations nor their effect upon this Agrcement'

15.2 User acknowledges that with the sigrring of this Aereement' the User has received a copy of the current orai,,u,it', -*f t''' t"gutatii'ns ina poticii and agrees to abide by such ordinances, rules, regulations, inipJ"it'; i'"a ftirther agrees to abide by such ordinances' rules' ll6-PKR-00659/1328325/tl

Vcssel Slipf_ fillli,:T-r-Tq policies as may inrhe future be adopted or amended; and further agrees to abide oy all applcable tederal, state and local laws and regulations.

16. Delault by (Jser

. 16.1 Recognizing the importance to the county of maintaining a first-crass image and operation of the Marina, User shall maintaia at all time a piofessional relat'lonship with the c-orray,with other users and with other persons visiting and using the Marina. Upon conviction of userfor any felonious activity at the Marin4 use-r shall be-in default, -d ,nurt vacate the slip immediately.

16.2 In addition to any other default as so defined by the Agreement or by raw, the following events shall be deemed to be events ofdefault by the User under the Agreement:

G) User's failure to pay any installment of the use fee when such failure contilues for a period to ten (10) days after the due date, or the user's failure to pay any other expense as herein provided when such failure continues for a period of ten (10) dayi after written demaad by the County;

(b) User's failure to comply with any term, provision or covenant of this Agreement, other than the payment of the use fee or expenses;

(c) Harassment, intimidation, retribution, or verbal, physical or emotional abuse directed by any person to any other person; or

(d) Desertion or vacation ofthe Slip. Actual removal ofUser's Vessel for more than thirty (30) consecutive days, together with the failure to pay tho use fee as required herein, will constitute desertion or vacation. Vessels removed from the facility for emergency or major vessel repairs will not be considered desertion as described herein, provided the County is notified of such repairs in writing.

16.3 In the event of any default by User under the Agreement, the County may, at its option and without limiting any other right or remedy:

(a) Recover possession of the Slip on behalf of User and enter into an

Agreement for the Slip to another pa(y. Further, User shall be liable for any use fee and other monies due and owing under this Agreement accruing after the event of default, plus any accrued interest, costs, and damages;

O) Terminate the Agreement and re-enter and take possession of the Slip for the exclusive use ofthe County and bring an action for accrued use fee and costs; or

(c) Pursue any other remedy provided under law or equity including, without limitation, those set forth in Section 15.6 below-

16.4 Failure by the County to provide written notice of default shall not constitute a waiver nor abridge any rights ofthe County.

lr6-PKR-00659/l 328325/ll 9

-Vessel

16.5 Unless otherwise prohibited by law, if User becomes insolvent or if bankruptcy proceedings are instituted by or against User before the end of the term of the Agreement, the County is hereby irrevocably authorized, at its option, to cancel tlle Agreement, as for default.

16.6 The remedies provided in Section 3 28.17, Florida Stalzrles, for the non-judicial sale of a vessel for non-payment of dockage are specifically included and incorporated into this Agreement as an additional remedy available for County, and User agrees to be notified at the above address specitied for user in connection with the notice required under Section 328.17, Florida Statutes.

16.7 lfUser fails to vacate the dock or mooring space within ten (10) days after receipt of Notice of Tennination by the County, User hereby grants the County permission to board the

User's Vessel and move it under its own power or place it in tow and remove the User's Vessel ftom is dockage or mooring space to a location to be chosen by the County at its sole discretion, at User's expense, and to take possession ofthe docking space. If it becomes necessary to move User's Vessel, for safety purposes or otherwise, and the User's Vessel is unattended, the County is authorized to effect the necessary move at User's expense, which costs shall become a part of the use fee for docking and mooring of User's Vessel. This is in addition to any renredies availab]e to Comty provided by law or other provisions of this Agreement. User shall hold harmless the

County from any damage, Iiability, claims, causes of action and suits imposed by the County pursuing the remedy set forth in this Section 13.

18. Miscellaneous / Nolice

18.1 Time is of the essence as to all terms of the Agreement

16.8 For violations of rules and regulations other than non-payment of the use fee or other monies due and owing under this Agresment, the County will provide notice an opportunity to cure or to challenge action taken, as set forh in the ru1es and regulations adopted by the BCC, as they may be amended from time to time.

17. Attoraey's Fees and Collection Costs lT.lUseragreestopaythecostofcollectionsandreasonableattomeys'feesonanypart of delinquent rental payments oi other sums due hercunder that may be collected by efforts-ofany attorneyiat-law or a toilection agency, as well as any attorneys' fees for the enforcement ofany of the provisions of the Agreement.

17.2 All checks returaed for insufficient funds shall be subject to a service charge equal to the grcatest amount the County may charge pursuant to Section 166.251, Florida Statutes (^s may bJamended from time to time). iyitt ort ti*iting any other right or remedy, the County shall have the right to collect a late charge of five percent (5%) of the amount due for any use fee payments not received by the tenth ( I 0tl) of the month.

I l6-PKR40659/l 328325/l ] t0 lI JVessel

18.2 Written notice, mailed or delivered to the address for the User listed in Section I shall constitute suffrcient notice to User and written notice mailed or delivered to the shall constitute sufficient notice to the County, as to all instances herein contemplating notice. Any such notice shall be deemed given when so mailed or delivered. Any notice given by mail shall be by registered or certified mail, retum reseipt requested, except as otherwise provided herein.

18.3 The rights ofthe parties shall be cumulative. The failure ofeither party to insist on a saict performance ofany provision herein is not a waiver ofsuch provision in any other instance.

18.4 User shall be responsible for and shall promptly, upon demand, reimburse County for any and all costs necessary to repair any damage caused to the Slip and/or Marina by User, User's Vessel or User's employees, guests, agents, visitors or invitees. User, shall in and around the Marina, comply with all laws, rules and reguiations conceming the protection of the environment and with all directions and orders of the County. User shall comply with the provisions of the Florida Clean Marina Program. User shall reimburse the County for any damage, expense or liability incuned by the County due to User, User's Vessel or User's agents' failure to comply with such laws and regulations or due to ary pollution created by, or contributed to the User.

18.5 User shall not release or pennit to be released, by action or inaction, any hazardous waste or environmentally objectionable substances (as deterrnine by the County in the County's sole discretion), including, without limitation, oil, gasoline or treated or untreated sewage

(',Hazardous Substances') into the water or land of the County, State of Florida, or the Marina.

User strall immediatety notiff the County of any such spill and/or release' The County may take any action it deems appropriate to clean up any such spill and./or release at User's sole expense

The costs for which User and User's Vessel sha1l be responsible include, but are not limited to, the costs of booms, absorbent pads, disposal of the hazardous substance, cleanup by oversight of govemmeDtal agencies and'County pcrsonnet or use of outside contactors, and any legal fees incurred in defeise of any viotations. User shall make best efforts to contact County of any such

,pi1. c*"q, shall take any action it deems appropriate to clean up the release at user's expense.

iri, prori.io, is in addition to, and not in^lieu-of, the indemnity provisions set forth in this

Agreoment.

18.6VenueforallclaimsbroughtpursuanttothisAgreementshalllieexclusivein Collier County, Florida-

18.7 Both parties hereby agree to waive trial by jury'

ls.SlfanyclauseorprovisionofthisAgreementisorbecomesillegalorunenforceable because of present o, futrr.e fufi, o.a-i*o"t"t, or iy rule-or tegulation ofany govemmental body o.

"mity, ttt."*uining parrs of tire Agreement shall not be affected thereby' ls.gUsershallnotrecordacopyofthisAgreementwithth€CollierCountyClerkof Courts.

I l6-PKR-00659/ 1328325/ I ] ll

IVessel Slip #

18.10 This Agreemenl shali be administered by the County's contracted vendor pursuant to the County's contraci with the vendor.

19. Good Faith

19.1 All duties and obligations under the Agreement, and all attempts to enforce rights under the Agreement, shall be govemed by reasonable standards ofgood faith.

20- Entire Agreement

20.1 This Agreement constitutes the entire agreement between the parties. No representations, warranties or promises pertaining to the Agreement or any property affected by the Agreement have been made by, or shall be binding on, either ofthe parties, except as expressly stated in the Agreement. The Agreement caffiot be changed orally, but only by an agreement in witing signed by the party against whom enforcement of any

USER R on beha r Countv

Name & Title Prin alne & Title

Approved as to Form & Legality

Assistant County Attomey ll6-PKR-o0659/t32832s/l l t2