Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 5 - ALLOCATION OF BERTHS AND OFFSHORE MOORING › Exhibit A

Current through June, 2024
CONTENTS DESCRIPTION OF THE AGREEMENT OF BOATOWNER
						PURSUANT TO SECTION
						13-231-2 OF THE SMALL BOAT HARBORS
						REGULATIONS, INCLUDING OFFSHORE MOORING
An agreement effectuating provisions of Section
						13-231-2 of the small boat harbors
						rules, including offshore mooring, may contain the following terms, covenants
						and conditions:
1. The owner's
					 certification of all information contained in the application and submitted by
					 him, as being true.
2. The owner's
					 covenant to abide by any and all provisions of the small boat harbors rules,
					 including offshore mooring, and the incorporation by reference of such rules
					 into the agreement.
3. The owner's
					 authorization of the State to assign and reassign berths and spaces for his
					 vessel in accordance with section 13-231-7 of the small boat harbors rules,
					 including offshore mooring.
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 of the State to board his vessel to effect reasonable inspection
					 in the manner and pursuant to procedures set out in section 13-231-8 of the
					 small boat harbors rules, including offshore mooring.
6. The owner's covenant to pay all applicable
					 fees and charges, and his 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 agreement
					 and use permit shall terminate upon expiration of the period stated therein
					 pursuant to section 13-231-5 of the small boat harbors rules, including
					 offshore mooring, thereby requiring a renewal of the agreement and use permit
					 in order that the owner may continue to use the small boat harbor and its
					 facilities.
9. A provision that the
					 use permit with its attendant privileges is revocable and cancellable in
					 accordance with sections 13231-9 and 13-231-10 of the small boat harbors rules,
					 including offshore mooring; and the owner's covenant to pay, upon his failure
					 to promptly remove his vessel from the small boat harbor upon revocation,
					 cancellation or termination of the use 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 of the state to reasonably effect the removal of his vessel
					 pursuant to sections 13-231-10 and/or 13-231-17 of the small boat harbors
					 rules, including offshore mooring.
11. The owner's covenant to pay all costs and
					 attorney's fees, including costs of collection of delinquent fees and charges
					 in the event the state is forced to institute a suit against the owner of his
					 violation of any and all provisions of the small boat harbors rules, including
					 offshore mooring, and/or the agreement, and is successful in such
					 suit.
12. A provision stating that
					 neither the agreement, use permit or the privileges attendant thereto is
					 assignable nor in any way transferable, in part or in its entirety.
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 at a
					 minimum of $500,000 per occurrence as approved by the department and
					 performance and/or compliance bonds in such amounts as may be warranted under
					 the circumstances.
14. A provision
					 that in the event the fees and charges which shall have accrued in favor of the
					 department shall not be paid as provided in these small boat harbors rules,
					 including offshore mooring, the department may, after reasonable notice, take
					 possession of the vessel, its tackle, apparel, fixtures, equipment and
					 furnishings, and may retain such 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 which the
					 department may have by virtue of statute or otherwise.