EFTA00798407.pdf

AO440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Virgin Islands CROWN BAY MARINA, M. Plointiff(s) V. Civil Action No. 2018-6 t7 JEFFREY EPSTEIN & MICHELLE'S TRANSPORTATION COMPANY, LLC, AND BIG N BARGE, a 70' transport barge and her tackle, gear apparel and appurtenances, Delendont(s) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) JEFFREY EPSTEIN & MICHELLE'S TRANSPORTATION COMPANY, LLC 6100 Red Hook Qtr., 8-3 St. Thomas, VI 00802 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: LAW OFFICES OF DUENSING & CASNER 9800 Buccaneer Mall, Bldg. 2, Suite 9 III. Box 6785 St. Thomas, VI 00804 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. 91,44 -1-- C ' 194) • W t- CLERK OF COURT Date: AP- - Signalus of C erk or Deputy Clerk EFTA00798407  Case: 3:18-cv-00069 Document #: 1 Filed: 09/04/18 Page 1 of 4 IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN CROWN BAY MARINA, Plaintiff, CASE NO. ST-18-CV- 69 v. ) JEFFREY EPSTEIN & MICHELLE'S ) TRANSPORTATION COMPANY, LLC, and ) BIG N BARGE, a 70' transport barge and her ) tackle, gear, apparel and appurtenances, in rent, ) ) Defendants. ) VERIFIED COMPLAINT Plaintiff Crown Bay Marina, M. ("CBM"), through undersigned counsel Duensing Casner, hereby files this Complaint against Jeffrey Epstein & Michelle's Transportation Company, LTC ("Defendant"), in personam, and Big N Barge and her tackle, gear, apparel and appurtenances ("Big N Barge"), in rem, as follows: 1. This Court has jurisdiction pursuant to 28 U.S.C.S. § 1333 as this is a civil case of admiralty and maritime jurisdiction. 2. Venue is proper pursuant to 28 U.S.C.S. § 1391, as the judicial district in which the events or omissions giving rise to this claim occurred. 3. CBM is a Delaware limited partnership with its principal place of business in Kirkland, Washington. 4. CBM is the owner of certain improved real property known as "Crown Bay Marina," 8168 Sub Base, St. Thomas, U.S. Virgin Islands (the "Marina"). EFTA00798408  Case: 3:18-cv-00069 Document #: 1 Filed: 09/04/18 Page 2 of 4 COMPLAINT Crown Bay Marino,. v. Epstein Page 2 5. Upon information and belief, Defendant Jeffrey Epstein & Michelle's Transportation Company, LLC is a limited liability company authorized to do business in the United States Virgin Islands and owner of the Defendant vessel, Big N Barge. 6. Defendant Big N Barge is a 70' transport barge owned by Defendant and utilized for coastal transportation. 7. On or about September 3, 2017, CBM and Defendant entered into that certain License Agreement For Dockage and 2017 Hurricane Evacuation Protocol ("Dockage Agreements"). See Dockage Agreements attached hereto as Exhibit A. 8. Pursuant to Section 10 of the License Agreement For Dockage, "[t]he owner shall be liable for all damages to the Boat Slip and other facilities owned by [CBM] and other boats or vessels or person on or about [CBM's] premises caused by the Vessel, Owner's employees, family, agents, invitees or guests ..." 9. Beginning on or about September 6, 2017, Hurricane Irma made landfall on St. Thomas, U.S.V.I. causing widespread destruction. 10. Defendant inadequately secured Big N Barge in its Boat Slip located in the Marina as Hurricane Irma approached and then made landfall at St. Thomas. 11. As a direct and proximate result, CBM sustained heavy damage caused by Defendant vessel to the concrete finger piers, pilings, wooden waters, cleats and other equipment, totaling not less than the presently estimated allocated amount of $160,473 necessary to repair and restore the damaged Marina and over $70,000 in allocated expenses to implement temporary repairs to minimize any loss of income. EFTA00798409  Case: 3:18-cv-00069 Document #: 1 Filed: 09/04/18 Page 3 of 4 COMPLAINT Crown Bay Marina, v. Epstein Page 3 12. CBM is entitled to judgment for the total costs necessary to repair and restore the Marina that was damaged as a result of Defendant's failure to properly secure its vessel during the occurrence of Hurricane Irma. 13. CBM is further entitled to a maritime lien against the vessel, Big N Barge, which may be enforced to secure payment for any damages awarded herein, pursuant to Rules C and E of the Supplemental Rules for Admiralty and Maritime Claims. WHEREFORE, CBM demands judgment against Defendants as follows: I. Awarding the total amount of the damages caused by Defendant's vessel, Big N Barge, during to the occurrence of Hurricane Irma; 2. Awarding and enforcing a maritime lien against Big N Barge, a 70' transport barge and her tackle, gear, apparel and appurtenances, to satisfy any monetary award rendered herein; 3. For pre- and post-judgment interest; 4. For attorney's fees and costs incurred in prosecuting this matter; and, 5. For such further relief as the Court may deem just and proper. EFTA00798410  Case: 3:18-cv-00069 Document #: 1 Filed: 09/04/18 Page 4 of 4 COMPLAINT Crown Bay Marina. E. v. Epstein Page 4 LAW OFFICES OF DUENSING & CASNER Dated: September 4, 2018 By: /s/Matthew J. Duensing Matthew J. Duensing, Esq. Joseph D. Sauerwein, Esq. 9800 Buccaneer Mall, Bldg. 2, Suite 9 M. Box 6785 St. Thomas, U.S.V.I. 00804 (340) 774-6011 (340) 776-8520 fax VERIFICATION I, the undersigned, Kosei Ohno, as the president of St. Thomas Marina Corporation, which is the general partner of Crown Bay Marina, M. and pursuant to Rule C of the Federal Supplemental Rules for Admiralty, in seeking a maritime lien, verify the following: I. That I have read the above Complaint and the allegations set forth therein are true and correct to the best of my knowledge; 2. That "Big N Barge" is a 70-foot transport barge with a 20 foot beam and 6 foot draft; and. 3. That upon information and belief, Big N Barge is within this jurisdiction. Kosei Ohno, President of St. Thomas Marina Corpor ion, its General Partner EFTA00798411  Case: 3:18-cv-00069 Document #: 1-1 Filed: 09/04/18 Page 1 of 4 CROWN BAY MARINA Sults 528, 8188 SubBase, St. Thomas, U.S.V.I., 00802 Tel: (340)7744255 Fax: (340)7784160 LICENSE AGREEMENT FOR DOCKAGE SLIP It VESSEL NAME: LENGTH: B03 Big N 70 FOLIO N OWNER / CAPTAIN: BEAM: 37031 Rodriguez Ann 20 ARRIVAL DATE: KEY N: DRAFT: 94/2017 6 DEPARTURE DATE: 9/7/2017 OWNER OR AUTIVRIZEII? AGENT'S ADDRESS: TEL (HM): 6100 Ea Rook atg 63 MOBILE: 642-2587 FAX: / Sc 7Zonheis, ocirat E-MAIL: ON inn/oar; e OyAh00,60/4 Ownership and No Assienmen(: The person who has signed this Agreement as Owner hereby represents and warrants II131 he Is In fact and in law the true owner of the Vessel or the duly authorized and empowered agent of the Owner, and that he has full power and right to enter into this Agreement for himself and for the Vessel, and that there are no restrictions of any kind upon him or the Vessel which limit or restrict his right and power to bind himself and the Vessel to each and every term and cond' I this Agreement. In the event of any change of ownership of the Vessel. Owner shall give noUc ado in vii Marina. 0 ad main responsible to Marina for all sums due and owing hereunder until such new owner enl into an Agreement will Manna. Or is removed. This Agreement is not transfer ble or assignable in any way without the estate written consent of / ATE: TERMS AND CONDITIONS Crown Bay Marina (the 'Marine) hereby agrees to provide the Owner (herein OR OTHERWISE NOT WITHSTANDING THE ABOVE NOTHING HEREIN defined as 'Owner or "Owner's Agent') and Owner hereby agrees to accept SHALL BE CONSTRUED TO CREATE ANY 'DUTY. OBLIGATION OR from Marina dockage space at the Mal sl,p assigned by Manna (the 'Boat Sae) RESPONSIBILITY ON THE PART OF MARINA TG ACT IN SUCH to be used salary rot the vessel deseriked on the Registration Card (which CIRCUMSTANCES ANO NOTHING HERE/N SHALL BE CONSTRUED TO kneeler weh all ol said vend': motors, engines. macNnery. riggings. Tackle, CREATE ANY LIABILITY ON THE PART OF MARINA FOR FAILING TO ACT appaiet, equipment fiimilure. accessories and al other appurtenances IN SUCH CIRCUMSTANCES. hereinafter ccleavely referred to as (the Vessel,. J4 upon the terms and S. Security ol the Vessel: Marina assumes no responsibility for and shall subsea to the craMtcns set forth bele". DM be fable for the can, protection and secumy of the Vessel. Use cl rho Boat I. Man terminate er pursuant to the terms hereof. Vs Agreement Slip and other facilities of Marina shall be at the sole risk of Vessers Parties. snail terminate at 11:00 on 12/0 departure dale. Payment of Owner's Owner hereby releases and discharges Manna and agrees to Indemnify and account. Including. without imitate. all dcckage fees, must be made prior la held Marina harmless from and against any and all liabilities arid claims oy departure. reason of any intrusion, theft, vandalism, arson or oilier criminal acts of any kind 2. The intent= of the panics is to creates a license for the use of dock or degree on or about the Vessel whether on land or by water. If Owner shall space in accordance with the Marina Rules and Reputations only with Marina as permit any Other person 10 use the Vessel by way Of charter (MICA MdudeS hire Licensor and Owner as Licensee. This Agreement confers no leasehold interest Or loan), such person shall produce to Marina written evidence of such upon Owner. agreement falling which the Marina reserves the right to prevent the departure of 3. Marina's Rules and Regulations. with are posted at Marina's Cate. the Vessel. are Incorporated herein by reference and made a part hereof. Manna reserves 8. OWNER HEREBY GRANTS TO MARINA A LIEN ON THE VESSEL the eight to alter, amend and modify theta Rules and Regulations at any one by ANO A SECURITY INTEREST THEREIN TO SECURE THE PAYMENT OF casting new ones at Marina's office or by gum:shire Owner or person In charge ANY AND ALL DOCKAGE FEES. CHARGES OR OTHER SUMS DUE of the Vessel with a copy ol the new Rules and Regulations. Owner and Ns HEREUNDER ANO FOR ANY OTHER SERVICES OR MATERIALS agents. guests. invitees and employees shal comply with the Rules and RENDERED OR SUPPUEO TO OWNER BY OR ON BEHALF OF MARINA. Regutatans of Marina and shad also comply with and conform to the laws. This lien shalt be in addtdOn to any other females otherwise evadable to Marina regulations and rules of the Territory of the U.S. Virgin Wanda and the United hereunder or at law or in acuity. It is specif.caly agreed that the use el the Boat Sixes of America as and to the extent they may be applicable. Slip and all saniCeS Or materials provided to Owner by or on behalf of Manna 4. Owner warrants and represents that all times doting the term Of Mk are oronded to the Vessel kr the credit of me vessel and it is understood Agreement the Vessel shall to maintained In a safe and seaworthy condition by beN een the parties hereto that Marina is relying pernanly upon the credit ol the Owner and shal be operated m a careful and safe manner so as not to cause Vessel for the enforcement of its claim for Dockage Fees and charges for other damage to Marina's facilities or to any other property. vessel or persons. services or materials supplied to the Vessel. In any action. in rem or in persona. OWNER AUTHORIZES MARINA TO TAKE APPROPRIATE ACTIONS AS by Itanna CO enforce a nen of whatever nature. any bond posted pursuant to taw MARINA SHALL DETERMINE IN ITS SOLE DISCRETION INCLUDING. releasing the Vessel to Owner Shall include 'n amount sufficient to cover WITHOUT LIMITATION, REMOVING THE VESSEL FROM MARINAS Marina's reasonable attorneys fees and costs provided that marina may have PREMISES AT OWNER'S SOLE RISK AND EXPENSE TO ABATE, MITIGATE the amount of any bond posted increased to ensure the posted amount ANO OTHERWISE DEAL WITH THE DANGER ANO HAZARDS THAT IN adequately covers all amounts claimed. including interest. costs and attorneys MARINA'S JUDGMENT APPEAR TO BE PRESENT OR FORESEEABLE BY lees without any limitation to any right or remedy Marina may hate. whether at REASON OF ANY UNSAFE OR UNSEAWORTHY CONDITION OF THE law or in ether Owner agrees to Marina's use of Federal Admiralty procedure VESSEL OR THE OPERATION OF THE VESSEL IN AN UNSAFE MANNER in rem under Supplemental Admiralty Rule C. 1 EXAIBIT EFTA00798412 EFTA00798413 7. Owner, 31 NS Sete cost and expense. agrees to procure and maintain in • HEREUNDER HAVE BEEN PAID TO MARINA AND OWNER HEREIN'", force during the erµie term of Ms Agreement Indemnity Insurance covering the GRANTS MARINA THE RIGHT TO PLACE A LOCK ON THE MOOING OF Vessel and protecting O.vrer and Marina against all claims, demands. suits and THE VESSEL UNTIL SUCH TIME AS ALL SUCH MONIES OrrED Tb MARINA' iudgmenis in poky amounts of not less than 51.000.000 for claims arising NOM HAVE BEEN PAID IN FULL, SUCH REAEOY BEING IN ADDITION TO ANY the coverage of said parities. Owner's insurance poky shall specMally cover OTHER REMEDIES AVAILABLE TO MARINA HEREUNDER AT LAW OR IN the risks undenaken in Paragraph ID of tNs Agreement and the Owner or EOUITY. Owners Agent agrees 10 name Manna as an additional insured. Such insurance 13. Pollution: Owner represents and warrants that Owner and Vessel snail Policies shall provide that Marina shall receive at least thiny days (30) written tenthly in all respects with Federal Water Pollution Acts (33 U.S.C. Section 1321 notice prier to cancellabon thereof. Cerbficates or cerbded copies of said • prohibiting discharge of oil or oily water. 33 U.S.C. Section 1322 • prohibiting insurance policies shad to provided to Marina upon demand. discharge of untreated sewage and all other amicable Federal and Termocial 8. Storms and Other Emergencies: The Owner shall make suitabre laws and mutations. arrangements for sale, sheltered anchorage during tropical storms. hi:Manes If. Vessel Away horn Boat Slip: Owner shall advise Manna when he or other increment weather and Owner hereby warrants such arrangements expects the Vessel to be away from the Beet Slip and the expected dale el have or will be made. Owner may not assume that Marina's premises w,1 be a Milian of the Vessel. Manna resents the right to rent the Beat Sip when vacant safe. sheltered anchorage during tropical steam or hurricanes. In the event of and all revenues received Iron such rental shall inure to Manna. any impending tropical storm hurricane or other emergency. Marina In its sole 15. Reassignment to Boat Sip: Marina reserves the right. at its sole Mereton, resents the right to demand that all vessels evacuate the Marina discretion, to reassign. move or transit( the Vessel from sap to sap ix stip to and fennel reserves the MIN to move or evacuate any unattended vessels at moorthtidanehor as deemed necessary by Marina. Subleasing of slips and Owners sole risk and expense. UNDERTAKING TO MOVE OR EVACUATE transferring boats between slips is not allowed except by Marina. THE VESSEL SHALL NOT BE DEEMEO AN ASSUMPTION OF RESPONSIBILITY FOR THE SAFETY, SECURITY AND CARE OF THE 18, Notices: Notices to Owner shad be deemed to be served property if VESSEL BY MARINA, NOR SHALL MARINA BE DEEMED A BAILEE OF THE posted in writing addressed to Owner at a place and in a manner on the Vessel VESSEL. Owner of any unattended vessel tell in Marina must (1) provide Manna which is reasonably susceptible oh giving notice 10 anyone lawfuly boarding the with name. address and telephone number of caretaker authorized to remove Vessel or. In lou thereof, upon depositing in the US. Mall written notice to Vessel from Marina and (2) provide proof of insurance. Owner, registered or certfied, postage prepaid. to Owner's Bring Address as shown on the Registration Card. Notice to Marina shall be deemed served only if 9. Indemnity and Cisclaimet Marina will attempt to furnish regular and given in writing and delivered personally to the Director of Martha Operations Of urintempted elect& and wafer smite, but it cannot guarantee Other. primarily because Manna obtains its electnoty and water lor resale from the Virgin mated by registered or whiled mail, postage prepaid. return receipt requested do the Director of Martha Operations. Islands Water and Power Authority, which provides no such guarantee. Therefore, Marina 6seraims any lability to the Vessel, the Vessel's pantos and 17. Governing Law. Venue, and Limitation of Actions: TM Agreement others for ail loss, damage or injury to persons or to property easing out of or in shall be governed by. construed and enforced in accordance with the Laws of any way connected with ds acts, omissions. or negligence n furnishing the Timbre of the U.S. Virgin Islands and the United States of America. Any elecucity and water, except in the events such loss. damage or injury is directly action at law, suit in equity. or other judicial proceeding relating to or concerning and solely the result of Marina's willful misconduct or gross negligence. this Agreement shad be instituted and prosecuted in the District Court of the Virgin Islands. Division of St. Thomas and St. John and each party waives any 10. Owner shall be liable for all damages to the Boat Slip and other right to change of venue. EVERY ACTION AT LAW. SUIT IN EOUITY OR facilities owned by Martha and other boats or vessels or persons en or about OTHER JUDICIAL PROCEEDING TO ENFORCE THE PROVISIONS OF THIS Marinaa premises caused by the Vessel. Owners employees, family. agents. AGREEMENT OR FOR THE BREACH THEREOF OR FOR ANY ACT. Invitees a guests (colter/rely referred to as the 'Vessel's Pantile} Owner, lot OMISSION OR NEGLIGENCE ARISING OUT OF OR RELATING TO THIS himself. his heirs and assigns. hereby agrees to indemnify, save and hold hordes; Marina and any of their respective affiliates and their respective AGREEMENT SHALL BE BARRED UNLESS IT IS COMMENCED AND PROCESS IS SERVED WITHIN ONE YEAR AFTER THE COURSE OF successors and assigns from and against any and all lets. damage, IlatMly. ACTION HAS ACCRUED. AND IN NO EVENT SHALL ANY SUCH ACTION. Maims, demands. a suits of any nature whatsoever arising out of or In any way connected with the use of Martha's facilities by any of the Vessels Parties, the SUIT OR PROCEEDING BE MAINTAINED UNLESS IT IS COMMENCED moving of the Vessel or Owner's car or personal property In or around Marina's WITHIN THREE YEARS FROM THE DATE OF EXECUTION OF THIS premises. or arising out of or h any way connected with any senesces rendered AGREEMENT. or to be rendered or materials furnished or to be furnished to any of the Vessel's IS. Pardon/weedily. No Meted Waivers and Entire UnderstandIng: If any Parties, or otherwise connected win this Agreement. WHETHER LOSS OR portion of this Agreement shall be deemed or declared unenforceable, the DAMAGE IS TO PROPERTY OWNED OR LEASED BY MARINA. OR ANY remaining portions cd this Agreement shall remain in full face and effect No OTHER PERSONS PROPERTY OR TO PERSONS ON OR ABOUT MARINA'S course of dealing nor any failure or delay with respect to exempting any right, PREMISES (INCLUDING. WITHOUT UMITATION, ANY OF THE VESSEL'S power or privilege under this Agreement shall operate as a waiver thereof. This PARTIES) AND WHETHER SUCH LOSS IS THE RESULT OF THE Agreement the Registration Card, and Manna's Rules and Regulations, as NEGLIGENCE OF MARINA OR MARINA'S AGENTS OR EMPLOYEES. amended from time to time, set forth the entire understanding of the parties EXCEPT IN THE EVENT SUCH LOSS OR DAMAGE IS DIRECTLY AND hereto and no representations. praise. Inducement or statement of mention SOLELY THE RESULT OF THE WILLFUL MISCONDUCT OF MARINA OR ITS relating to the subject matter hereof has been made by any party which it not AUTHORIZED AGENTS OR EMPLOYEES. Further, Owner, for Nmsell, his set forth therein. Except as otherwise provided herein, this Agreement shall not heirs and assigns. hereby releases and hold harmless Marina Operators and be modified, altered or amended except by an Instrument in writing signed by or Mediu Owners and any of their respective affiliates and their respective CO behalf of the parties hereto, successors and Maier* from any and all liability for loss or damage of whatever 19. Assignment: Owner shall not assign this Agreement (Indio:ling nature to the Vessel or other property belonging to or in the cuslcdy of any of assignment to any purchaser of Vessel during the term of this Agreement) to the Vessel's Parties. arising out of or in any way connected with (I) lire. theft. any other person or entity without Marina's prier written content. Any attempt 10 coldskin, hurricane, conditions d tde, wind curreN. Acts of God or phis natural assign or assignment of this Agreement by Owns in violation of this Agreement forces, or (II) ACTS OR OMISSIONS OF MARINA OR MARINAS AGENTS OR shall be veld and unenforceable and shall excuse Marina from further EMPLOYEES. OR THE NEGLIGENCE OF ANY OF SUCH PARTIES. EXCEPT performance of this Agreement and shall terminate this Agreement. Owner shall IN THE EVENT SUCH LOSS OR DAMAGE IS DIRECTLY AND SOLELY THE not substitute another vessel for the Vessel described on the Registration Card RESULT OF THE WILLFUL MISCONDUCT OF MARINA OR ANY OF ITS without parer written consent of Marina. AUTHORIZED AGENTS OR EMPLOYEES. 20. Construction of Terms: The terms used In this Agreement and the 11, Apparent Authority: Owner agrees that. unless Manna is otherwise Rules and Regulations shall be interchangeable and nave the meaning n0bSed in advance in ware, anyone in possession of or apparent charge of the prescribed to all such terms in all such documents. The use of the masculine Vessel &hal be deemed to have the authority to act on behalf of Owner and gender shad be construed to include the feminine gender. The use of the Manna shall be entitled to accept and act in reliance upon orders or requests by singular lam of expression shalt be construed to include the plural. as required Such Persons For winces. sulaMes, work, labor and other material 01 any kind by the context. for the berefil of Vessel. 21. Attorney's Fees: Should it became necessary for Martha to obtain the 12. NoNkintanding any contrary povision contained herein, Manna may services elect:Motion agency or attorney to collect sums due and owing terminate this Agreement for arty reason (with or without Cause) upon written hereunder, or to enforce the liens of Madna. or lo enforce any other provision of nuke to Owner given In accordance with Section 15 hereof. Owner agrees that this Agreement. then Owner shoe pay all costs and expenses, including at the end of the term of dis Agreement or upon termination of this Agreement reasonable a _lays fees. and all <Met costs Incurred by Marina. as provided herein. Owner wit remove the Vessel from tie 8 a careful. slrrowledgment Owner hereby acknowledges that Owner has Stainanide Manner, leaving al facilities and utilities In good COnettiOn. and fully understands thls Ucens greement and the Marina Rules reasonable wearat tear excepted. Owner agrees that if he fails to remove the and Regul to Vessel by 11:00 On Um departure date. Owner shall be charged for an es fug day of dockage. ANYTHING CONTAINED IN THIS AGREEMENT T CONTRARY. OWNER SHALL NOT HAVE THE RIGHT TO RE VESSEL OR ANY PART THEREOF FROM MARINAS PREMISES DOCKAGE FEES, OTHER CHARGES AND LIENS OWING BY 0 URE OF CISVNERCA 9/ 31/ 7 2 17 JO Z a6Pcl 8I/170/60 :Pand T-T :it luawnooa 69000-A3-8T:E :aseo  Case: 3:18-cv-00069 Document #: 1-1 ...Filed: 09/04/18 Page 3 of 4 • CROWN BAY MARINA DAYWORKER AGREEMENT OF WAIVER OF LIABILITY AND ASSUMPTION OF RISK To be signed by Owner/Captain I am the Captain and/or Owner of the below mentioned vessel. I DO/DO NOT (Circle one) intend to hire or contract with day workers who are not employed by Crown Bay Marina, to work on my vessel while berthed at Crown Bay Marina. I agree, that should I hire or contract with day workers, to waive any right or legal or legal action of any kind against Crown Bay Marina, its agents or employees, from any damages resulting from this work or any action of the worker. I know that working on a vessel or in a marina is dangerous work. I know that this worker and other people could be hurt as a result of this worker's actions. I know that this worker could damage or destroy property owned by others or me. I voluntarily assume responsibility for the actions of this worker while under my employ and assume the risks thereof. I agree to assume primary control of this worker's actions. I know that Crown Bay Marina, it's employees and agents are not responsible for anything that this worker does. I therefore agree, for myself, heirs, administrators and assigns, to assigns, to RELEASE, DISCHARGE AND HOLD HARMLESS Crown Bay Marina, it's employees and agents, from all claims and legal actions for any injuries I or this worker has, or damage to any property, whether or not caused by the negligence or gross negligence of Crown Bay Marina, it's agents or employees, or from any defective equipment. I agree that, by employing this worker on Crown Bay Marina property, I am voluntarily assuming the risks of any injury or property damage that might happen for ANY REASON. I agree that I may not bring any lawsuit or claim of any kind against Crown Bay Marina, It's agents or employees, for any injuries and/or property damage. If I should bring a claim or lawsuit in violation of this agreement, I agree that I shall be liable to Crown Bay Marina for all reasonable attorney's fees and expenses incurred in defending against such a claim or lawsuit. I funher agree to indemnify and reimburse Crown Bay Marina, it's agents, employees or assigns for any injury and/or property damage caused to any property or person as a RESULT OF ANY ACTION OR INACTION ON MY PART. This includes the cost of reasonable attorney's fees and expenses incurred by Crown Bay Marina in defending against any such suit. I agree that this agreement is being entered into the Territory of the Virgin Islands, and the laws of the Virgin Islands shall govern its terms and conditions. I agree that if any term or conditions is found to be invalid under the laws of the Virgin Islands, this term or conditions shall be stricken from this agreement without affecting the other terms and conditions. By signing below, I acknowledge that I II READ AND DO UNDERSTAND ALL THE ABOVE CONCERNING THE AGREEMENT 0 R OF ITY AND ASSUMPTION OF RISK. SIGNED: Date: SA/ Print Name: Title: E il emiAOFR Name of Vessel: 5dvAl 3 EFTA00798414  Case: 3:18-cv-00069 Document #: 1-1 Filed: 09/04/18 Page 4 of 4 CROWN BAY MARINA 2017 HURRICANE EVACUATION PROTOCOL ownerfagent of the vessel gi ati /71/E-- docked in Crown Bay Marina agree the following Hurricane Evacuation Protocol in ac rdance with . terms below. 1. Must have a signed Crown Bay Marina License Agreement for Dockage on fde. 2. The Marina in its sole discretion reserves the right to demand that all vessels evacuate the Marina and further reserves the right to move or evacuate any unattended vessels at Owners sole risk and expense. 3. The Owner of any unattended vessel left in Marina AT ANY TIME must (1) provide Marina with name, address and telephone number of caretaker (on St. Thomas, U.S.V.I.) authorized to remove Vessel from Marina. If instructed to do so by the Marina's Management. 4. All vessels upon arrival must provide proof of valid liability insurance coverage with an amount the greater of: the Vessel or $1.0 million per incident. (Copy of insurance certificate must be attached.) 5. The Owner shall be liable for all damages to the Boat Slip and other facilities owned by the Marina and other boats or vessels or persons on or about Marina's premises caused by the Vessel, Owner's employees, family, agents, Invitees or guests (collectively referred to as the Vessels Parties). 6. Any Vessel remaining in the Marina after closing of the port or a mandatory evacuation called by the Marina's Management and will be subject to a $1,000.00 per day charge. This charge includes any vessel of any length. If the port opens up half day you are still subject to the $1,000.00 per day. This charge is above and beyond the cost slated in Section 4 of your license agreement. This charge must be settled before the vessel departs the marina. 7. Any Vessel requesting dockage or already docked in Crown Bay Marina when an official 'storm watch- is called is subject to all above terms. It is further understood that the Marina's policy is to disconnect utility services during hurricane season at many slips and does not guarantee the slip that you would be assigned to will have utilities available. CROWN BAY MARINA SHOULD NOT BE CONSIDERED A SAFE HARBOR DURING TROPICAL WEATHER CONDITIONS. I have , underst the abcnie errOvmers Agent Signature not Name Date 4 EFTA00798415