Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-27 - Conditions for use of harbor property and facilities

Current through June, 2024
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.