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07-26-2021 Council Packet
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07-26-2021 Council Packet
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2 <br /> <br />removed from the City dock program, the Licensee may substitute a replacement <br />watercraft upon providing the City with the documentation it requires. Newly <br />declared replacement watercraft may be subject an additional LMCD fee. Mooring <br />of watercraft not owned by the Licensee is permitted for a period of up to 48 hours, <br />only two (2) times in a calendar year. Except as described in the Orono City Code <br />and herein, no watercraft shall be moored at the Dock Site. <br /> <br />I. Dock accessories. All dock accessories must be approved in writing by the Dock <br />Inspector prior to use at the Dock Site. No boat lifts or covering structures are <br />permitted. <br /> <br />J. Dock Usage. The Licensee may only use the dock and dock site after the City places <br />the dock on the dock site. The City shall endeavor to place th e dock on the dock <br />site by April 1 of each year, but Licensee understands that the weather or other <br />constraints may prevent the City from placing the dock by April 1. The City will <br />place the dock on the dock site as soon as practicable. If the dock is placed on the <br />dock site later than April 1, the Licensee shall not be entitled to a prorated license <br />fee. The Licensee shall cease using the dock on November 1 of each year. The <br />Licensee shall ensure that the boat is removed from the dock by November 1 of <br />each year. <br /> <br /> 4. Use and Control of Property. The Licensee shall be permitted to use the Property <br />for the purposes described in this License Agreement and shall not use the Property for any other <br />purposes. The Licensee shall not use the Dock Site, or permit anything to be done in or about the <br />Property, which will in any way conflict with any law, statute, ordinance, or governmental rule or <br />regulation. The Licensee shall use and keep the Dock Site in a clean and orderly condition. <br /> <br />5. City Access. City staff shall be free to enter the Dock Site for any reason at any <br />time to perform maintenance, landscaping, inspections, and other regulatory functions. <br /> <br /> 6. Failure to Comply. If the Licensee fails to comply with the terms of this <br />Agreement, the City Code, a state statute or a state regulation, the Licensee shall be notified in <br />writing of the way or ways the dock or Dock Site area does not comply. The Licensee shall have <br />fourteen (14) days to bring the Dock Site into compliance. If the violation is not corrected within <br />fourteen (14) days, the license shall be revoked, this Agreement shall be terminated and all <br />property shall be removed from the dock site unless, within the fourteen (14) days, the Dock <br />Administrator receives from the Licensee a written request for a hearing. <br /> <br /> 7. Payment. The Licensee agrees to pay for all costs of bringing the Dock Site into <br />compliance, including the costs of removing property from the dock site. <br /> <br /> 8. Indemnification. The Licensee agrees to indemnify and hold harmless the City from <br />and against all liability, damages, penalties, judgments, or claims of whatever nature arising from <br />injury to person or property sustained by anyone arising out of use by the Licensee, its members, <br />guests and invitees and occupancy of the Dock Site and will at Licensee’s own cost and expense <br />defend any and all suits or actions (just or unjust) which may be brought against the City or in which <br />the City may be impleaded with others upon any such above-mentioned matter, claim, or claims. This <br />indemnity and hold harmless agreement will include indemnity against all costs, expenses, and <br />liabilities incurred in or in connection with any such claims or proceedings brought thereon and the
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