487

PITg SLIP MARINA LEASE

AGREEI,IENT

day entered into this cne fBL ot Sofh*L , 1985, by and between che CITY OF PENSACOLA' FLORTDAT a municlpal corporation of Florida, hereinafter ca1led the rlessorrt and FLORIDA SUN INTERNATIONAL, rNC. r a Florida

THIS

LEASE

AGREEMENT

corporation, herelnafter called the "tesseer' whose address is Edgewater Drive, Post 0ffice Box 7717A7 orlando, Florida 32854.
wIrl,rEg9Er"rJt
WHEREAST

2828

the Le6sor owns ii!1e to certain subnerged and upland lands located on the waterfront of pensacola ' Escambia countyt S1lp" (hereinafter referred Florida, conmonly referred to as'Pitt to as the 'subject propertyr ) ' which is more ful1y descrlbed on Exhibit A attached hereto; and WHEREAS' che Lessee has been selected by the City Council as the top ranked marina firn and City Council has authorized the city Manager to negoEiate a tease Agreement for che cons!rucE.ion of a
marina at Pibt SIip;
WHEREAS,
and

the Lessee is desirous of leasing fron the Lessor certain submerged and uPlands in the waters of Pensac.ola Bay, Pi.tt Slip, on a long tern basis for the purpose of constructing and operating a rnarina and docking facility, harbor masEer office, ships store and related parking; and WHEREAS' the Lessor is desirous of Ieasinq to the Lessee that certain submerged and uplands in Ebe waters of Pensacola Bay, Pitt SIip, on a long tern basisi now therefore, THE PAFTIES HERETO agree as follows: I.
THE PROPERTY

subJect to the terms and conditions sei forth herein:

A. The Lessor leases to the Lessee, and the Lessee leases frorn the Lessor, Parcels I and rrlr as described on Exbibit A attached
heret.o.

B. The Lessor subleases to the Lessee, and the Lessee subleases fron the Lessor, Parcel IA ( owned by the state of Florida ) r as described on Exhibit A attached hereio.

I
II. LEASE TERMS A. The term of chis lease for Parcels I and III shall be for a period of thlrty ( 30 ) years, conmencing on t.he date of this agreement tlrst wrlEten above. B. This Lease AgreemenE, rnay be renewed and extended fot an addirional thirty (30) years on the serns and conditions cont.ainecl hereln. To renew and extend this lease, Lessee shalL give written notice to Lessor at least one (f) year prior to the expiration of the init.ial thirty (30) year lease tern of lcs desire to renew and
extend the tern of this Iea6e.

c. The terrn of thls Lease,/sublease for Parcel IA shall be for a peri.od of thircy (30) years, comnencing fron the date that the sEate of Florida (through Ehe Governor, Cabinet and Trustees of che rnternal rrnprovemeni Fund) approves ihe sublease from the Lessor to the Lessee. upon expiracion of the thirty ( 30 ) year tern, the Lease,/Sublease may be renewed in successive five (5) year increments
subJect to the Lesseer as che sublessee, complying with aIl terms and conditions durlng the preceding lease period and upon paynent of a lease fee from bhe Lessee to t.he Lessor equal Eo the aPpraised renEal value as established by a fee appralsal conducted during Lhe

last year of the preceding lease term as charged to the Lessor by Ehe StaEe of Florlda under its Lease Agreement. The Lessor antl che Lessee agree to cooperate ln securing renewals of the StaCe Lease.
TTT

LEASE PAYI4ENTS

Lessee sha11 pay

rent to Ehe Lessor in the anounts and manner

set forth herein: A. conmencing tdith che daEe of this Lease Agreenent, Lessee shall pay ground rent on a rnonthly basis in advance at the annual rate of Een (I0) cents per sguare foot of submerged and upland leased property in narina related use. FaiJute to pay rent lrithln fifteen (15) days of the due dare shall constiiute a default of ihis
Lease Agreement.

In addition to the ground rent payments provided for in paragraph III.A. abover the Lessee shall pay Co the Lessor: (a) five percenE (5t) of 'gross sales,' as hereinafter defined, from business B.

a.

enterpri6es operated by the Lessee. excepr rhat t.he percentage attributable Eo marina fuel shall be four-tenLh of one percent (0.4t) of sales up to one hundred and fifty thousand (150r000) gallons and one-half of one percent (0.58) of sales exceeding one hundred ftfby thousand (150,000) gallons; and (b) five percent (5t) of 'gross rentalsr' as hereinafler defined, received fron subleasees, except that the percentage attributable to office rent shal1 be two and one-half percent (2,5t). wlth the first annlversary date of t.hls Lease AgreetnenE, the tessee shall pay to the Lessor the amounts required under both paragraph III.A. above and this paragraph III.B. for tbe previous yeari howeverr ahY alnount paid by the Lessee as 'ground fenbr under paragraph III.A. above 6hal1 be applied to and shal1 (Example: ff reduce any amounts due under this paragraph III.B. bhe Lessee owed the Lessor the sum of $I2r000.00 as "ground rent" during any given year, and the above-staced percentagea of gross sales t'?ould regui.re during that year the paynent of $15,000.00 fron the tessee to the Lessor, then the total anount paid to the Lessor by Lhe Lessee for both'ground rent'and applicable percentages of gro6s sales would be the sum of $15r000.00.) In order to define, calculate and verify the anounts due the
Commencing

Lessor under this paragraph 1rr.B.r ihe following definitions

procedures shall apply:

and

initions of cross Rentalg-q-nd_.GroFF sales.: (a) As used herein, Ehe Eern "gross rentals' shall mean all rents or other monies actually received by the lres$ee fron all business enterprj.ses (sublesBee or tenants -- lncludlng any business enterprises operated by the Lessee) within the project, lncluding origination or renewal bonusesr but excluding deposits for damages or performance, and any suns collecLed and paid out for any sa1es, excise or other tax. (b) As used herein, rhe term 'gross sales' shall mean, a1l monies received by the Lessee, whether wholly or partially for cash or on credit, of all nerchandise and services sold and all other receipts by sale or otherwise of alL business conducted on or fro$ che subJect property by Lessee, its subsidiaries or business
Def

1.

:,
rri

..:

',
,,'

'"

subsidlaries, business cornbinations, ernployees or agents of Lessee, all orders iaken iD or fron lhe premises by Lessee, its employees or agenbs, alr.hough said orders nay be received by telephone or nai1, or filed elsewhere, or procured from the prernlses by house_to_house or olher canvassing, and arr renears of boat. slips and dry storage areas. sales to custotners on a ray-away basis shall be recognlzed as'gross sales" within ninety (SO1 6ut" of Ehe lay_away transaction and in any event must be fully recognized when the merchandise feaves the prenies. The term "gross sales' shall also include, without linritation, aLL deposits not refunded to purchasers, arr service charges for Lay-away sales, and a1l comrnissions recelved from vendlng and gane nachines on the premises for use by the generaJ. public, and other cash receipts resultlng from sares transacLions on the premises. There shal1 be excluded from "gross gaLes" any sun corlected and paid out for any sales, excige or other tax based upon all taxable sales in this definition of'gross sales'as regulred by 1aw, whether now or thereafter in force. The term 'gross sare6' shal1 not include tbe exchange or transfer of merchandise between the stores of any tenant of Lessee where such exchanges or transfers of merchandise are nade solery for the convenient operation of the business of any tenant of Lessee r dod not for the purpose of consummating a sare nade inr from or upon the prernises; the amount of returns to shippers or manufacturers, nor the amount of any cash credit refunds upon any sale where the merchandise sold, ot sorne part thereof is transferred, returned by the purchaser to and accepted by any tenant; nor sales of fixtures. There shall also be excluded fron the term 'gro6s saLesr al1 fees or service charges for delivery fees and C.O.D. fees. The term 'gross salest sharr also exclude finance charqes resulting from a tenantrs accounts receivable. 2. Verification and Accouncing: The Lessee agrees to keep accurate and permanen! recofds of all bransactions and make sane available for inspection and auditing by the Lessor. The Lessee

further agrees to reguire in al.l subleases that tenants maintaj.n the sarne records and llkewise make those availabJ.e to the Lessor for inspection and auditing. Within one hundred ti.renty (120) days after the end of each year during which percentage payments Lo the Lessor are due hereunder, the Lessee sha11 provide the Lessor rriEh tax infornation and other financial data on the results of operatlons of Lssee frorn the leased premises, as the Lessor may reguest. Said data shall show hhe gross sales as defined herein and sha11 be accompanied by payment. The Lesor reserves the right to regulre audited statements if ln the Lessor's opinion Ehe tax staternents and other financial data are insufficienr for purposes of verificatlon and accounting for resulLs of operauions frorn the Leased Prenises. fn the event the Lessor requests an audited statement and the results indicate that the percentage payments made to Lessor are egual to or greater uhan 97C of rhe amount due, Lessor shall be reguired to bear the cosl of the audit. Such information as Lessee deenrs confidential to its operation shall be kept confidential by the Lessor r provided, however, that Lhe Lessor tnay rnake public disclosure of such information using gross amounts summarizing operations of the entire projecc and not disclosing resulbs of operaLions of lndividual
E.enants.

C. Lessee shall pay tessor interest from the date when due on all rent paynents chac are made by Lesaee to Lessor rnore than fifteen (15) days after Ehe date that same become due and payable. The int-erest. Lo be paid Lessee shall be the announced comnercial prine rate of interest charged by Chemical Bank of New York, or its
successor, as that rate may change fron day to day.

IV. AUTHORITY TO LEASE PROPERTY A. By the executlon hereofr the parEies understand and agree thai Ehe Lessot will receive from the covernor and Cabinet of the State of rlorida final approval of a lease fron the State to lhe Lessor coverinE parcel IA and that said lease will contain a provision vrhereby the Lessor may sublease said parcel to the Lessee

:,

:. ; undei the terns and conditlons set forch herein. This Lease Agreement shall becone effective on the date that the Governor and Cablnet give final approval ba the sublease.

B. The Le6or hae furnished the Lessee with a currenE survey of

the property.

C. The parties under6eand that a portlon of Ehe properb,y described is subject to an existing lease in favor of Southern Chemj.cal Storage & Iransit Cornpany and furrher that certain improvements and storage tanks associated with said lease are located upon the subject property. Les6ee, nonetheless, enters int,o this Lease Agreement notwithsEanding the foregoing; however, in the evenb that Lessee'g predecessor in possession of che property upon which said inprovements and sLorage tanks are located abandons the property !rithout having made provision for the removaL of said improvenents and storage tanks or other naterial necessary to make the site useabler and should it become necessary for the Lessee to renove sane at Lesseers own expenser the Lessor shall offset and reduce lease payments due to it under the terns hereof by an amouni equal io the costs incurred by the Lessee in making tbe slte useable. The nanner and serms upon which said offseL in lease payments shall occur shall be subject bo further negotiation between the parties. The Lessor shall provide t,he Lessee excluslve possesslon of Gimble Street and that part of ihe premises southerly thereof ac such time as the curren! lease with Southern chenical storage & Transit company terninates in January, 1986. or ai such earlier date as the Lessor acquj.res possession of the premises, with the congent of the current Lessee, and the Lessor vacates Gimble Street. Prior to the vacatlon of Gimble street, fhe Lessee may use it for parking purposes, provided that the Lessee provldes a reasonable means of ingress and egress for Souchern Chernical storage & Transit Company. V. USE OF LEASED PROPERTY AND COMI.IENCEMENT
4gp
CoHPLETTON OF cONSlrRUCrroN

The Ieased property shal1 be developed by Lessee as a marina

and lncluile a harbor master faci 1 i ties and r elated park ing. fac i lity, sh ips store and fuel Lessee may use portions of the leased proPerty for restaurantst

complex of approximately 94 sllps

lounges or other ancillaryp compatible narina uses upon approval by

Ebe Lessor's City councll a.s part of the flnal

Developnent PIan.

Site Specific

Lessee shall comnence consr,rucClon of the planned Improvements

after Lessor has conplet,ed the slte work funded ehrough the State of Floridar s Department of Natural Resources, Florida RecreaEion Devefopment Aseistance Progran GranC. Lessee sha1l cornpfete consiruction of the improvenents within six (6) months of the date of this Lease Agreemen!, provided that Lssee rnay requegt a reasonable extension of tirne for the commencernenc and cotnpletion of construction of aid improvenents, and Lessor agrees not to unreasonably withtrold its approval of such reguest. VI.
CONSTRUCTION OF TTPROVEMENTS AND CONSTRUCTION PTANS

A. PIans and specifications for the development of the leased properey, and the parking areas and Lesseets construchlon of all improvements shall be in confornity with the Redevelopment Plan, the final Site Specific Developnent Plan subnitted and approved by the ciby Council in accordance with the site specific Developnent zoning Ordinance, this Lease agreemene and aII appllcable state and locaI Iaws and regulaiions. B. Wlthin thlrty (30) days after the effective date of this Lease Agreenent, Lessee shall subnih to Lessor, Eor its review and approval, developnenb. concept plans for the construction of the improvenents on the leased property, and the parking areas. Within sixty (60) alays afier t.he daEe of the approval of the development concept plans, Iressee sba1l subnit to Lessorr for its revie\t and
approval Siie specific peveloprnent Plans for the consbruclion of the
lmprovenents on the leased property, and the parking areas. Within

ninety (90) days after approval by City council of the flnal 9ite Specific Development Plan, Lessee shall subrnit to Lessor, for its review and approval, plans for the construction of the improvements on the leased property. should Lesseers architect deterrnine thaL additional time is reguired to secure environnental permit nodificaEions and/or conplete the construction pIans, Lessee may
request a reasonable exbension of time for Ehe conplei.ion of
such

plans, and Lessor agrees not to unreasonably withhold its approval of such reguest. Nothlng in the above or this paragraph shall prohibit lhe Lessee frorn submitting constructlon plans for site improvements on an lncremental. basis, provided the last such submitEal shall be made prior to I December, 1985. For example, the tessee nay deeire to subni! for marina, shoreline protection, environmental perrnitting requlrements, bulkhead or foundation permits Beparately in order to expedite construction, utilize state grants or meet. tenant dead.Iines. fn these instances the Lessor shalI review the plans and furnish Lessee wrltten approval or disapproval of the plans within thirty (30) days of subrnission of said plans by Lhe tessee, as long as the site inprovenents requesteil Eo be permitted have been approved by city Council as Part of tbe Pitt Slip Land Use Plan in the case of the shoreLlne protection'
environmental permlt requlrenents and bulkheading and apProved by city council as part of the Site Specific Development Plan approval

in case of the narina, narina supporting facllitsies and foundation

permits.

A11 reference nade to plans Eor the constructlon of improvements or consLrucbion plans are lnEended by the parties to incl.ude site Developnent Plans for the construction of the marinat ancl the street and site utilities, marina support facilities, construction of all breakwaters, rlprap and bulkhead systens, as roell as the architeclural working drawings for the construction of the improvenents, 1.e., the proposed buildings on the site. c. If Lessor reJects any construction plans ln wlrole or in part, as noC being i.n conformiey wlth the Redevelopnent Plan, the final Sibe Specific Development Plan, rhis Lease Agreetnent or any
applicable state and local. lavs and regulabions, Lessor shal1 not.lfy Lessee of such rejection ln writlng speclfically settlng forth the
grounds for such rejection.
Lessee shall submit new or corrected

construction plans which so conforn, within Lhirty (30) days front Lessor sha1l written notification to Lessee of the rejection. furnish Lesee written approval or dlsapproval of corrected plans by Lessee. Failure of Lessor and tessee to reach agreenent on approval. of construction plans or new or corrected construction plans within

one hundred and twenty (120) days of hhe date of submission of tbe

construction plans or ne!, or corrected construction plans shall reoder this Lease AgreemenC terminable at the option of either Lessor or Lessee. IJessor shaIl not unreasonably withhold lts
approval of Lessee's p1ans.

If an extension of !ime is granted for Uhe securing of environmeneal permit modificatlons and/or submlssion of construction plans, and,/or if the conslrucclon plans are rejected by Lessor and Leasee nust submlc ne\4r or correcied construction plansr then the dates and periods set forth in thls Lease Agreement for the commencement and conpletion of construction shall be extended by the perioil requirecl for tbe submission of construction plans or new or D.
corrected construction pIans.

E. AlL \.tork with respecr to che irnprovements to be constructed or provided by Lessee on the leased property, shal1 be in conformlty trith the construction plans as flnally approved by the Lessor. The term 'inprovements,' as used in this Lease Agreenent means the lmprovemenrs indicated in the construction plans as finally approved. F. In the event, Lessee proposes to make any substantial change in the lnprovements to be erected on the Ieased ProPerty whlch change or affect the basic character and nature of the development design from that shown on the flnal Site Specific Development Plan and construction plans and specifications as approved by Lessor, hereinafter cal1ed "design concept changesr' 1t is agreed by Lessee that no such clesign concept changes will be pernitted without
submit the proposed design concept changes Lo Lessor for review and approval. Lessor shall furnish Lessee written approval or disapproval of such ( 30 ) daye of proposed design concept changes within thirty
Lessorrs wrltlen approval thereof.
submission of said changes by Lessee. Lessee will

c.

Notwithstandlng any provision or inplication in this Lease

Agreement

to the contrary, this Lease Agreement shall be null and void if Lessee does not commence constructlon of the inprovenents on the leased property no later than I December, I985, unless Lesseers inabillty to do so is caused by an act or onission of Lessor or circumstances referred to in paragraph D. above.

VII. TITLE ?O IMPROVEMENTS Title to any building or oEher improvements of a permanent character that shall be placed upon the leased properCy by Lessee shalI vest ln Lessor upon the termination of this Lease Agreement or any renewal or extension hereof, and Lessee acknolrledges that it shal,L have no right Lo remove such fixed and perrnanent improvements from the leased proprty.
vI I I . AC,C-ESS TO PROPERTY , During the tern of this Lease Agreement and any renewal or extbnsion hereof, Lessee shal1 permit the represenEatives of Lessor access to the leased property and licensed area at all reasonable !imes deened necessary for the purpose of this Lease Agreenent, lncludlng Inspectlon of all work belng performed in connection with Eh construcCion of improvements thereon.

IX.

COVENANTS AND RESTRICTIONS

Lessor and Legsee agree that the follot{ing restrictlons shall be covenantB running wi!h the Iand, and shall be bi.nding on Lessor, Lessee, and t,he successors and assigns of the parties, and all other
successors in interest bo the leased property, or any part thereof:

A. fhat che leased property shall be devoted only to and in accordance with the uses specified in the adopted site Developnent
P1an.

B.

That all

urilicy

distribucion

lines

shall

be placed

underground.

C, That bhe Lessor shall retain a perpetual easement to be set forth in an approprlate inserument in recordabl.e forn for lngress, egress, and right-of-way on and over private street systems and pedestrian paths io be constructed by the Lessee in the project for the purpose of access to the public narina and other public faciLities contained in the project. D. That r.he Lessor shal1 retain a perpetual easement over the private street systens for the purpose of access, naintenance, upkeep. and repair of the Lessorrs spoil site located within the private street sysCem of the project.
10

x.

INpEl.l.L,rIFICATI.oN ANp HOLp HARMLESS AGREEMENT

A. The Lessee shall defend and indemnify the Lessor and save it harnless frorn any and aIl claims, suits, acrions, danages, liablllty and expense in connectlon erith loss of life, bodily or personal inJury, or properly damage arising fron or out of any occurrence 1n, upon, at or about the Ieased prenises or any pare thereof, or occasioned grholly or in part by any act or onisslon of the Lessee, itg agentsr contracboreT employees, servanb.s, inviteeeT licensees or
concessionaires.

B. Any subleases r.o be entered into by and between Lessee and its sublessees shall contain an indemnification and hold harnless clause under the ierms of which the said subleseees shall also agree to defend and indennify Lessor and save it harmless from any and aI1 clains, suits, acclons, damages, Iiability and expense in connection with.Ioss of l1f,er bodily or personal injury, or property damage arising fron or out of. any occurrence in, upon, at or about the sublesseers subleased portion of lhe leased property or any part thereof occasioned r.rholly or in part by any acr or omission of sald sublessee, ibs invitees or licensees. xr. rNsuRA_N.q.q .F_PQUTREp Lessee shall maintain insurance and provide tessor with cerEificates of insurance in accordance wit.h Exhibit B attached hereto during the life of chis Lease Agreemenb. The Lessee will not bake posgession of the properEy or conmence construction activities on the prenises uncil certificates have been approved by the tessorrs Departnent of Risk Managenenl. The Lessor shall have the right to rnake reasonable increases bo the ninimurn reguired linrits of liability on Exhiblt B durlng the life of this Lease Agreernent.
XII.
SPECIAL PROVISIONS

A. The Lessee may assign its inc.erest in bhis Lease Agreement, provided that the Lessee obtains the prior written consent of the Les$or to such assignments, which consent sha1I not be unreasonably withheld. The Lessee nay assign its interesi in the Lease Agreenent

wiLhout the prior lsritten consen! of Ehe Lessor to a limlEed partnership or other forn of business association, provided that the Lessee remain liabIe for Lhe Lease payments to che Lessor under the terns hereof and provided that Lessor ls notified of such assignment in writing prlor thereto. B. the tessee shall have the right to mortgage lts lnterest in the subject propertyr providedr however, that a1l rlghts acguired under the leasehold mortgage shall be subject to all the tertns of this Lease Agreenent. lthere shal1 be no subordinatlon of this Lease Agreement and the Lessor shall otherwise be protected in any financing aErangement. lthe Lesgee agrees thae any mortgage it execuCed in obtaining financlng for the construction and development of tbe project shall contain language incorporating the foregoing provislon. The Lessor agrees, in case of Lesseers default on the Lease Agreenent, to allow ihe Lessee's mortgagor to operate the marina compLex subject to approval by the Lessor of the method of operaiion and approval of ihe firn or entiby contenplaEed by the
mortgagor to operate t.he marina comPlex.

The Lessee shall pay any and alL ad valorem real Property taxe6 or other taxes that may be levied against Lhe subJect property during the tern of this Lease Agreeneni. In the event that at any

c.

tine during the period of this Lease, the law of Florida or interpretatlon of the law of Plorida by an approprlate appellate court is altered so that no ad valoren real- property taxes ate reguired to be paid on the subject property and no tax or other levy is imposed in lieu of such ad valorem Eaxation, then, and in that event, the Lessee sha1I pay to lhe Lessor on an annual basls, an anount equivalent to what the ad valoren real property Laxes on the subject property would have been had the Lessee been reguired to pay sane. Provided, further, that in the event, bhat the subject property is, at any tine during the lease term or any extension or renewal thereof, taxed as intangible personal proPerty or any method other than ad valorem real property taxaci.on, then, and in tha! event,, the Lessee shal.l pay to the Lessor on an annual basisr an amoun! equivalent io what the ad valoren real property taxes on the subject property would have been had the Lessee been required to pay

T2

.,' same less an amount equal to the amount of lntangible personal property taxes paid on the subject property. 'Ad valoren taxesr

shall mean clty, county and school taxes. D. The Lessee shall be futly responsible for the developnent of al1 improvemenrs in Parcels Ir rA and rrr at the Lesseers sofe cost and expenge, Pursuant !o the terms and conditions of chls Lease Agreement. The Lessor shal1 proceed wiCh permitted site work to Uhe extent current appropriations a1Low. The Lessor shall deliver the Lessee a slte open to the Bay. The Lessor shall be responsible for provlding sit.e improvements only to the extent allowed by current
appropriabions and grants.

E. The Le6see sba11 post or cause to be posted a consiruction bond sovering each phase of construciion. Each constructlon bond shall be ln an amount io cover alf costs of the construction of the inprovenents on each parcel. Each construction bond shall be posbeCl by the lJessee at tbe comlDencement of the construction of any inprovemenEs to Parcels Ir lA and III as conEemplated in section v.
hereto.

F. The Lessor agrees to assist the Lessee in securing any nodification !o perrnits and approvals received to construct piers, dockS, boat s1ips, and all other improvenenEs to be constructed by Lhe Lessee at its sole expense as Part of the public marina. The Lessee sha1l subniL, specific DeveloPment Plans for the public rnarina, piers, docks and boat slipg to be consbructed as a part of the public narina to the Lessor for review and approvaf pursuant to the tlme frane estabtished for the lmprovements to Parcels r, IA and IfI esrablished by Secuion v. hereof. G. The Lessee sha11 operate the public narina and the irnprovements constructed on Parcels I, IA and III on a non-exclusive basis and implement and impose user fees unlformly, vrithout regard to age, se:(, race, other conditionsr or the poli.tical subdivision in
which the user lnay reside.

not discriminate upon the basis of race, creed, color , national origin, age, or sex in the construction, subleasingl use, occupancyr or operailon of the leased property and the licensed area. or in i.he improvements to be erecied
Lessee agrees that it wilt

l3

ther.eon and that each conbracL, sublease or agreenent witb respect

thereto shall. specifically contain the following provision:

' 9QQAL oPP_ORTI{lrrrI PRoyr
sr_QN :

In the construction and operation of bhe improvements, neither the lessee nor any coneractor or manager employed by Lessee shal1 discrininate against any enployee or applicant, for enploynent because of race, color, religlonr dgr sex or natlonal orlgln, and they shall take affirnatlve action to ensure that applicants'are employed, and that employees are treated during employmenr without regard to their race, color, rellglonr d9e, sex or natlonal origln. such actlon sball lnclude, but noi be llmited to the following: Enploynent, upgrading, demotion or transfer; recruitmentr or recruitnent advertisingt layoff or terrnination; rates of pay or other forns of compensation; and selection for training, including apprensiceghip. The Lessee agrees bo post in conspictrous places, available to employees and applicants for enployment, notices to be provided by Lessee setElng forth th provisions of thls Equal Opportunity C1ause, and to cause any contractof, subcontractor or nanager to do likewise. 2, The Lessee, its sublessees and any contractor or manager shall, in all soliciations or advertisements for employees placed by them or on their behalf, state that all guallfled appllcants rivl11 recelve consideratlon for employment without regard to race, color, religion, d9r sex or nat.lonal origin. They shall send bo each labor union or representative of e/orkers with wbich they, or any of them, have a colleciive bargaining agreement or obher contract or understanding, a noti.ce, to be provided by Lessee, advlsing the Iabor union or workers I represeniative of their commitnent6 under this
Equal OpporLunity Clause, and sha1l post copies of the notice in conspicuous places avaiLable to employees and

1.

applicants for employrnent. Any sublesseer contractor or subcontractor sha11 conply \tith a1l provisions of Executive Order No. 1I246 of September 24' 1965, and of the rules, regulations and relevani orders of the Secretary of Labor and shall furnish all infornation and reports requlred by Executive Order No. 11246 of
SepEenber

24, 1955, and by the rule$' regulatlons and order of bhe SecreCary of Laborr or pursuant thereto, and will permit access to lEs books. records and accounts by Lessee and the Secretary of Labor for purposes of investlgatlon to ascertain compltance with such rules1 regulations and orders.' Lessee certifies it does not maincaln or provide for its employees any segregated facilities at any of its establishments and it does not permit its employees to perforn their services at any locatlon under its control whre segregated facilities are maintalned. The tessee certifies fureher that it will nob naintain or provide for a! any of its employees any segregated facilities its establishments, and that it will not perniE its employees to perform Ehelr services at any location, under its control, vJhere segregaEed facilities are naintained. As used in thie certification' the term isegregated facilitiesi neans any waltlng rooms, lrork areas, rest rooms and wash rooms. restaurants and other eating areas, time clocks, locker roons and other storage or dressi.ng areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing faciliLies provided for employees whlch are segregaced by explicit directive or are in fact segregated on the basis of race, color, religlon or naCional origin, because of habit, local custom or otherwise. Lessee further agrees that it wilI obtain ident.ical certificates from proposed sublessees, conLractors, subcontractors and nanagers prior lo the award of any conLracLs or subleases, and that it wiIl retain such certificates in its files. H. The Lessee agrees to provide the Lessor wlth annual aliendance reports at such time as the marina is opened for use by the general pubtic. Said aEtendance reporEs shal1 be subnitted to

the Lessor during the month of JuIy of each year and sha1l provide marina occupancy for a one-year peri,od beginning on July 1 and ending on June 30 of rhe previous year, such period constituting one fiscal year. I. The Lessee sha1l reserve a perpetual easement and rlght-of-way over and upon the public rnarina together wit,h all improvements constructed thereon, including all piers, docks and boat slips, subject Eo the right of the Lessor to cLose down the public tnarina for reasonable period of Elme for necesgary maintenance -dredging which sball not be considered an infringernenl of the said easement. rn addition ' the Lessee shall grant a perpetual easement to the Lessor of ingress and egress to the public narina. lthe Lessor shall retain all rigbts in adjacent waters' which shall include the right to construct additional piers' docks, boat sllps and the like. J. The Lesgor and the Lessee agree to asslst each other in securing such further pernits as may be necessary to construct additional piers, docks, boar slips and the Iike. K. The Lessee, lts transferees, grantees, guccessors and assigns, shall irrevocably release the Lessor, !ts agents or assigns, from any and all clains for damages of whatever nature resulting from any dredging by che Lessee including the lncidenLal depositing of dredged materials Eesulting fron dredging, bulkheading, and/or r iprapping, and other incidental damage resulting fron any dredging operations and the like which might occur. fhe tessor and the Lessee, their successora and assigns, agree to cooperate with each other 1n connection with the securing of periodic dredging of the rnarina, and ln tbis connectionl agree !o execute such applications, releases and other documents necessary or incidental io the approval- of the U.s. Army Corps of Engineers, or other public agency, to undertake and execuhe such dredging as shaIl be reguested by either party. The Lessor and the Lessee, their successors and assigns, further release each other from any and all clains for damage occasioned or arising from any disturbance of the Bay botcom, which results as a natural. conseguence, fron nornal periodic naintenance, bulkheading, riprapping or dredging by their

I6

party, either in the maintenance and repair of the narina or the use, naintenance and enploynent of the rights of the narlna
waterlrays.

be the Lessee,s responsibility to provide maintenance dredging wltbin the leased boundaries of the marina as deemed necessary for the operation of the pub1lc marina. The Lessee shalJ. dredge only Eo depths permitteal by t.he DER and ACE permlls, It shall be the Lessor I s responslbtlity !o proviile maintenance dredglng of tfte Bay approach to the leased boundarles of the rnarina in accordance vith naint.enance schedules of the port of pensacola, or as otherwise necessary to maintain navigable access to the narina facility. The Lessor's responsibillty to rnaintain navigabl.e access Co the narlna shall be governed by Permlts issued for such lrork. I,. The Lessee ehall be responslble for the installation of all underground utllities, includi.ng elecLrical, 9ds, sewer and water systerns for the developnent project, et its sole cost and expense, within the boundaries of the development proJect. Ihe Lessor shall furnish the Lessee with adequate gas and garbage collection services at the Lessee'B expense. l,l. The Lessor agrees to assisE the Lessee in secUring the financing necessary for the construction and permanent financing of rhe project through presentations to financlal institutlons, and the Lessor agrees to enLertain aD application for industrial revenue bond financing of the subject property. N. The Lessor shall cooperate in every rspect wit,h the Lessee in securing all reguired nunicipal permits and approvals 1n accord witb the tessorts adopted regulations and procedures. O. The parties shall part.icipate in all news releases and other presentations to the media for the proJect. The CRA shall include this project in it.s public relatiods progran for t.he overalldowntown redevelopment effort. P. The Lessee shall have the sole dlscretion over tenant selections and the markeiing progran. subject only to the Lesgorrs zoning reguJ.atlons. The Lessee and the Lessor agree to incorporate publlc marina guidelines (on a publicly advertised first-come, first served basis) as an addendun, Exhibit C, to this Lease Agreement,

IE shall

I7

.',
prior to bhe start of narina construction. The tessee and the Lessor agree that the public narina guidelines !ri1l reaerve a reasonable number of slips for transient, conmercial and speclal public purpose vessef berthing. A. The Lessee agrees that lt shall provide eo the Lessor the ]ocal matching contribution, in the arnouni of Seventy-one Thousand Dollars ($71r000.00), required for the Lessor to receive the 1984 Florida Departnent of Natural Resources, Florida Recreation Development Assistance Prograln Granb, ContracL No. C1376, ProJect No. 1-01-10, tor the project known as Pitt slip Marina. since it i8 a requirenent of the Lessor to expend the sun of seventy-one Thousand oollars ($71,000.00) as its required program matching contribution, the Lesee shall furnish the Lessor the sum of seveniy-one Thousand Dollars (S71r000.00) upon conpletion of the planned site iinprovenentsr but in no event latet Lhan Decenber 1,
198s.

F. The Lessee agrees that it shall conply, on behalf of the Lessor, titith condition6 E and G of the modified Department of the Army Permit 798-1089 dated August 14, 1984, and all other condltlons of this pernrit and any further modifications to this pernit and the Lesee further agrees that it shall comply with the Departmnt of Environmental Regulation Permit t'!odifications, Pernit *L70222359 contained in the DER letter daied August 3,1984, for the project and any future nodlflcations to this pernit. The Lessee agrees bhat is shall be responsible for the cost of complying with the Departnent, of the Army and DER permits and modifications for the Lessee agrees to assist Lessor in its Picc Slip project. applicacion for any planned or future modification of existing Departnent of Army or DER permits. S. The parties have entered inco this Lease Agreement recognizing the existence of a binding letter of interpreLatlon between the Lessor and the Scate of Florida Departfiien! of Connmunity effairs, Division of Local Resource Management. (the rDivieion') dated January 23, I980. whlch fixes cercain limitations upon the scope of the projecb.

}B

..,
'T. Lessor agrees to give Lessee the first right of refusal on Ehe portions of the subject property not already leased to Lessee for marina related uses subject io satisfactory perfornance by the Lessee on parcels already leased. The pariies agree that satisfactory performance by Lessee for these purposes is defined as the complet.ion of or satiBfactory progress toward congtruction of bhe marina and related facilit,ies as contained in the flnal approved Site Specific Developmenc PIan. Parcel Ir is consiclered as a portion of the subject property for lhis purpose. XIIT.
ENFORCEII,IENT

DEFAULT; REMEDIES; NONVIAIVER

OF LEASE; FORFEITURE

Leseor may enforce the performance of this Lease Agreement in

any nanner provided by law, and this Lease Agreenent shall be void
and shall be forfeited on a declaration of forfeiture by tessor:

A. ff Lessee shall desert or vacate the leased property, B. If default, shall be made by Lessee 1n the paynent of the rent as speclfied in this agreenenti C. rf default shall be made by Lessee in the performance of any of the eerms or condltions of thls agreement t.hats Lessee ls to perforn, including, but not limiced to, t,he following: (1) Lessee's obligat.ion to timely submii' evidence of its financing commitments to Lessor. (2) Lesseers obligatlon to tlmely submit its construction plans to Lessor, (3) Lessee's obligation Lo tinely commence construction of the planned improvenents on the leased property, the licensed area or the Leased property. (4) Lesseers obligacion to timely complete construction of the planned inprovenrenis on the leased property. D. ff Lessee shall fail to comply with any of the statutes, ordinances, rules or regulations of any governmental body governing or regulating the Lessee's business,' E. If Lessee eba11 file a petition in bankruptcy. or nake an assignment for the benefit of creditors, or be adjudicated a bankrupu, or take advantage of any insolvency act.

l9

' Lessor shall notify Lessee of any such default and of Lessorrs intention to declare thi6 Lease Agreement forfeited. The nofice fron Lessor shall be sen! as specified in thls Lease Agreenent or nay be delivered to Lessee personally, and unless Lessee shall have removed or cured the default or corrunenced laking act.ion lhat wlll result in bhe default being renroved or cured within nlnecy (90) days from the date of Lessor's norice of intention Eo declare the Lease Agreement forfeited (unless extended by wrttten agreenent of Lessor and Lessee)r this Lease AgreenrenL sha11 cone to an end, as if the date established by notice of forfelture were the day originally fixed herein for the expiration of the term of this Lease Agreenen! without any further nocice fron Lessor to Lessee. Lessorrs agent or attorney shall have the righb, without further notice or demandr to re-enter and remove Lessee and Legseets properly fron the Leased properEy without being deemed gutlty of any trespass. In consideration of the substantial investment to be made by Lessee in improvements on tbe leased property, Lessor agrees that Lessee shall not be liable for any rent for the unexplred portion of the terns of chis Lease Agreenent if Lessor decLares thls Lease Agreement forfeited pursuanc to the terms hereof, except for any rent and other payrnents which are currently due and payable. However, Lessee shall be liable to Lessor for any other damages suffered by Lessor on account of Lesseers default, including the expense of clearing any inprovenents which are damaged or destroyed and which Lessor el-ecis t.o clear on account of Lesseers refusal or failure to repair or rebulld them as required herelnabove. Notwithstanding the foregoing provislons of this paragraph, if Lessee should default under bhe terms of this Lease Agreement and LeBsor 6hould declare ihis Lease Agreement forfeited, Lessor shal1 not dist.urb any sublessee's possession of any subleased premises if such sublessee pays rent iO Lessor, in accordance with, and otherwise conplies r+,ith the sublease agreenen!. Upon Lessor's enh.ering into a lease agreenent rith a substitute Lessee for the Leased properiy, the sublease shall- be assigned to the substitute Lessee and the sublessee shall become a subleseee of tbe subst,itute tessee and shall pay rent directly to the substirute Lessee.

20

The fallure of Lessor to insist, in any one or more insgances, on a strict performance of any of the terms or conditions of this Lease Agreenent or to exercise any opt,ion set forth in this Lea6e Agreement shall not be construed as a future walver or a relinquishment of bhe provision or optionf but it shall continue and rernain in fuIl force and effecc. The receipt, by IJessor of renf, with knowledge of the breach of any term or conilitlon hereofl shall not be deened a waiver of the breach and no waiver by Lessor of any provision hereof shall be deerned to have been rnade unless expressed in writing and signed by Lessor. XIV. ATTORNEYIS FEES If defaulc be made by Lessor or Lessee in the perfornance of any of the terms, covenaDtsr agreements or conditions set forth in this Lease Agreenent so that it becomes neceesary to place the enforcement of this T,ease Agreenent or any part of Lhis Lease Agreement or the collection of any rent due or to becone due hereunder or the recovery or possession of the leaged Property in the hands ot an attorney or to file suit upon Lhis Lease Agreement, the prevalllng party ehall be entitled Eo recover all the costs incurred in such action, including a reasonable attorneyrs fee. XV. NOTICES At1 notices provided in tbis Lease Agreenent shall be deened sufficient when sent to U.S. Certified l4ai1, Return Receipt Requested, postage prepaid' to the following addresaes:
Lessor
:

'

CITY OF

c/o city

PENSACOLA

CLEY Manager
Ha11

Pensacola, Florida 32501

Lesaee:

Florida sun rnternational, rnc. 2828 n0gelrater Drive Post Office Box 7717A Orlando, Florida 32854

xvr.

PF.ovrsro-49 BrN.prNG

The terms and provisions of this Lease Agreenenl shal1 be binding upon and shalL inure to the benefi! of the parties hereto, their succesors and assigns, respectively.

2T

XVI I

AMENDI{ENT

rhis Lease Agreenent may not be altered, changed or amended except by an insbrunent 1n writing approved by Lessor I s Ci E.y council, signed by the parties hereco.
XVIII.
SEVERABILITY

ff any provision of thls Lease Agreement shall be declared in contravention of law or void as against public policyr such provisions shall be considered severable and Lhe remaining provisions of this Lease Agreement sha11 continue in fu11 force and
effecC.

XIX.

PARAGRAPH HEADINGS

The paragraph headings in bhis Lease Agreenent are intended for convenience only and shall not be laken into constderarlon in any construcL.ion or interpreeation of this Lease Agreement or any of its

provisions.

XX. ENTIRE AGREEMENT This instrument consrltutes the entlre agreement between Lessor and Lessee on the subJect of tbis Lease Agreement and all prlor or contemporaneous oral or writEen agreement or representations of any nature with reference to the subject matter of thls Lease Agreement are cancelled and superseded by the provisions of this lJease
Agreement.

XXI. Failure on the part

WAIVER

of Lessor to conplain

of any action

or

non-action on the part of Lessee, no matber how long it nay continue, shall never be deemed to be a waiver by Lessor of any of its rights under this Lease Agreenent. Further, lt is covenanted and agreed that no waiver at any tine of any of the provisions of this Lease Agreement by Lessor shall be construed as a waiver at any subseguent. t.irne of the same provisions. The consent or approval by Lessor to or of any action by Lessee requiring Lessorrs consent or approval shal1 not be deened Co waiver or render unnecessary

22

Lessor's consent or approval to or of any subsequent similar acc

Lessee.

by

XXII. TIUE OF THE ESSENCE Tlme ls of the essence of each and every provislon, covenant and condition of this Lease Agreenent on ttte part of Lessor and Lessee to be done and performed.

XXIII. GOVERNING LAW This Lease Agreenent is subJect to and sha11 be governecl by laws of the Stabe of Florlda.
EXECUIED

the

in nultiple original copies Eo be effective as of the day and year first above rrritten.
CITY OF

a nunic

PENSACOLA,

I corporation,

Lessor

a Ftorida corporation
T,ESSEE

FLORIDA SUN INTERNATIONAL,

Attest:

Bys

SPAfE OF FLORIDA COUNTY OF ESCAMBIA

The foregoing instrurnent was acknowledged before ne this L{ft day of ,:./--lJt* , 1985, .by RoDNEi L. KENDTG and PAmTm .IoHNsr th6&iby Manager and CirY C1erk, respectively' of the CITY oF PENSACoLA, a municipaL corporation, for and on behalf of the city. day eea.l rhis / {t GWEN under my hand and of f icial ot

dsa.E/*--,

198s.

'

Notary Public

My Commiesion Explres:

23

STATE OF FLORIDA
COUNTY

OF ESCAMBI

4)U?<i^+,*4' &A1t*A44' Before the subscriber peroonally aPPeacea me to be En' ." C.@, ^.ll_l:_1 the foregoing lnstrunent' andl clescribeo oy saro nalneg. who execuE'ed
ana

presidenb and Assistant secretary' to be the pxe.uiiu" vice suN TNTERNATIoNAL, rNq' a Florida oe'-ir-onroA respectivery' and declared thab they as acknowledgecl proflir--indcorporation foE of said cotpor-ation presiclent AssisEant'secretary and Executive vice its nV it' signecl its nane and affixed ancl being Oury auinJiizea -t# sai-O and act its as and it for initrurient executla and seal to
deed.

ot Je{t^6ep

Glven under

nY

1985

hand and official '

seal

Ehis -134* -

day

l.{y

Conmission

ffi,:r.l;;+w+ru'

.-l

EXETBIT TA'
PARCEL

Grant

Begln ar tbe southwest corner af Block I' waterfront r according to rnap of city of Pensacola by Thonas c. watson, copyrlghted in 1905r said Point also being the lntersection of the Easterly rlght-of-way line of Barracks Street (60' R/w) and the Noriherly righc-of-way Iine of Magnolia Street (60' R/w); thence go North 79 Degrees 25 uinuEes 49

Seconds east along tbe aforesald tlortberly right-of-way line a distance of 175.00 feet; Lhence go North 10 Degrees 34 llinutes 11 Seconds Wesg a distance of 280.00 feet; thence go North 79 Degrees 25 uinuteE 49 Seconds easi a distance of 135.00 feet; thence go north l0 Degrees 34 Minuces 11 seconds west a dist.ance of 30.00 feet; thence go North 79 Degrees 25 Minutes 49 seconds East a dlsLance of 827,08 feet; thence go South 10 Degrees 34 Minutes 1I Seconds East a distance of 310.00 feeEi thence go South 59 Degrees 34 !,llnute6 30 seconds !{est a distance of 191.38 feet; thence go south 79 Degrees 25 Minuees 49 Seconds west a distance of 347.08 feetr thence go south 10 Degrees 34 l.llnutes lL seconds Easc a distance of 95.00 feet; thence go Souc.h 79 Degrees 25 Minutes 49 Seconds West a distance of I23.00 feet; thence go North 10 Degrees 34 Mlnutes 11 Seconds west a dlstance of 100.00 feett thence go south 79 Degrees 25 Minutes 49 Seconds West a distance of 48?.00 feet io the Northwest corner of Bl-ock I7, waterfront Grantr according to the aforesaid map of the city of Pensacolar sald polnt also being rhe intersection of the Southerly right-of-lray line of Magnolia Street (60' n/W) and the aforesald easb.erly right-of-way line of Barracks street, thence go North l0 Degrees 34 Minutes l1 seconds lresc along the aforesaid Easterly rtght-of-way line a dlstance ot 60.00 feet Lo the point of beginning, the above described Parcel of tanA is situated i,n Secblon 46, township 2 South, Range 30 westr Escambia County, Florida and contalns S.529 actes ' Less and EXcept that Portion of a Transportation drainage easement in a Departnent of portion of Cedar and Alcaniz Street. PARCEL I'A AI1 of Lots 1-I0, 21 and 22, arrd Lhe west 20 feet of Lots LI-20, Block 8, waterfront Grant, according to nap of City of Pensacola by Thomas C. Watson' copyrighced in 1906. More parLicularly described as fol lows : Begin at che Northwest corner BIock Ir !{aterfront crant accordlng b.o map of City of Pensacola by Thomas c. wabson copyrighted in I906, said poinc also being tbe intersection of the Easterly right-of*way line of Barracks street (60' R,/w) and the South rlght-of-say rine of cedar street (60' R/l,l); thence go North 79 Degrees 25 Minutes 49 seconds East along Lhe North line of the aforesaid glock I a distance of 175.00 feet; thence go south 10 Degrees 34 Minutes 11 seconds EaEt a distance of 250.00 feet to a point on the South line of the aforesaid Block 8; thence qo South 79 Degreea 25 MinuEes 49 Seconds West along the aforesald South line a dlstance of 175.00 feet to a point on the aforesaid East,erly right-of-way line of Barracks Street; thence 90 North l0 Degrees 34 Minutes Il seconds we$t along the aforesaid Easterly right-of'way 1i.ne a Ci$tance of 250.00 feet to Lhe point of beginning. The above described parcel ig situated in section 46, Townshlp 2 South' Range 30 I{esEr Escanbia CountyT Florida and contains 1.004
ac res .

il r." .Ar

Percel I I
Begin at the Southeasi corner of Block 4, walerfront GranE., according Eo nap of city of Pensacola by Thonas C. llatson copyrighi.ed in 1906, said point also being Che intersection of the Northerly right-of-way

line of Cedar SEreet ( 60' R/W) and the Weseerly right.-of-way Iine of Barracks street (60' R/w); thence go Soutb 10 Degrees 34 Minutes 11 seconds East along the aforesaid Westerly right-of-way ]ine a disbance of 286.00 feet; Lhence go South 19 Degrees 25 Minutes 49 Seconds west a distance of 91.00 feeEt thence go North 10 Degrees 34 fiinutee fl. Seconds West to a point on the aforesaid Northerl.y right-of-way line of Cedar SLreeb a dlsbance of 285.00 feetr thence go North 79 Degrees 25 Minutes 49 seconds East along ihe aforesaid Northerly righL-of-way 1lne a di.stance of 91.00 feet to the point of beginning. The above-described parcel is situated in Section 46' fownship 2 south, Range 30 t{estr Escambia county, Florida and contains 0.597 acres. Parcel IIl .e11 of LoLs 1-4,11-14 and a portion of Lot 21, Block L7, all of Lots 1-4 and a portion of Lots 11-14, Block 18, and a portion of Adams StreeE, Waterfront Grant, according to map of City of Pensacola by Thornas c. wat6on, copyrighted in 1905, nore particularly described as foll.ows:
Begin at the Norchwest corner of Block ]7, Waterfront crant, according to map of Ciby of Pensacola by fhornas c. Walson, copyrighted in 1906, said point alsa being the lntersection of the Easterly right-of-way line of Barracks Street (60' R/w) and the Southerly rlght-of-way line of l4agnolia Street (60' R/W), thence go Norhh 79 Oegrees 25 l4inutes 49 Seconds EasE along the aforesaid Southerly right-of-way line of ltagnolia street (60' R/wl a dislance of 487.00 feet; thence go soubb l0 Degrees 34 Minutes 11 Seconds East a distance of 100.00 feet; thence go South 79 Degrees 25 Minutes 49 $econds West a distance of 487.00 feet to a point on the aforesaid Easterly right-of-way of Barraiks street (50' R/l{), thence go North 10 Degrees 34 Minutes lf Seconds west along the aforesald Easterly rigbt-of-way 11ne of Barraeks SCreet (60' R/w) a distance of 100.00 feet to the point of beginning. The above described parcel of land is situated in section 46, Township 2 South, Range 30 l,Iesi' Escambia county, Florida and contains 1. ll8 acres.

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EXFIIBIT '8"

Mrl't

IMJI'I- rtlsuRSN CE

RE QU

IR-EIGNTS.

I.

rrlorkers' comDensacion - Coverage ro apply for aII A@y .Lloics-in coupii?,]g".wich che aoilitaUle scace aad flderal laws. In addition, the giiicy ousE include: a) Emplovers' Liabibicy lcirh a Linitr of noc less chin SSOO,OOO each accidenc' b) NoEice of Cancellacion and/,ox ResericEion ciEv che provide co endorsed be *tii tt -aayJ nocice of' cancellation "-pJfi"v chircy-iJol wich or naaEerlal change. be undercaken on or c) If anv operacions ar cocovera.ge gusr.,!e, included wacers, naiigable aad Harbor Workers .{ct "U"tc' ior Utre U.5. Longshoreoen period of exposure' any and Jones Act duiing :'rftlsE be Cooprehensive Genere-!-!iCbi-!1-ry, - Coverage LtrE -eE er L e Litc'lr ffiorciEd on a Eorm no lore rasl f tg L tv Liabilitv policv. General edlcion of rhe ioopiift*"sive include: cn:,st and iir;a-by che Iniuiince senrices office a) MinirtuE liraics of 95,000,000 Per occurlence

2.

'

"Jrlioed and Property Datrage Lj.3bllrEY' b) c) d) e) f) g) h)

i)
Prenises and OPeracions
IndePendenc ConEracEors
'

sinJie-iini_i eoi.goailv Injury Liabllicv

Prorluccs anci ConoIeEed OPeraEions

Liquor LiabllicY
XCU Coverage.

Broad Fora ProPerEY Daoage' and/or- inderrrif icac ion agreenenE' llarina operators.
Eo Broad Form Concraccual Coveraee apolicable harmless

chis speci.i;"i;;el-incl"ainE

anv'

hold

Exhibic

2.

Cono{ehensive General LiabiliEv - (concinued) of Pensacola is Eo i) Addiuional Insurecl - The Cicv addicional !nsured in ii be spec:.!.""ii!-iicf"a"J "f;r"!ii-;J.r"i"g"r. Excepc q,ich rigard- Eo lirnics

,'tog-ior,atibutorv - The of, Cancellacion anC/ot P'estriccion J) f{ocice wich CicT Ebe to Provid? policy tt"c U"-lncorsed naEerial o! cancelraEion of ;;v;--;;;i;; ilil;i Aoi
change.

-Ef.i" i'surince shall aPplv separa-sely oi-f i"Uiiicy, insurance shall be orinary anc io ttt" Cicy'.' This wiElr Ehe Ci'cv's insurance"

nusc be afforded on Buslness Auco Policy - Coverage ehe lacest edicion o chln ffiicci.re iir"a by rhe rnsurance serwices che tsusiness e"iJ-iiii"y Off,ice ac,d slrsc include: occutrence cona) i'tinisus Limics of $500'qOq.per Liabilicy Injury Bodiiv iiii-r"a-=irrgt "-linic' for LiabilieY D"q''ge ProPeitY and : b) Or'rned Vehicles ' c) Iilred and llon-$'rned- Vehicles '

d) EnploYee ilon-&rnershiP ' The of Cancellacion and/or Rescriccion - wirh e) Nocice pollcv *rrc O" endorsed co- provi$? cle Cicv or EaEeriar
Cnange.

fii;;i ?;oi d;v;-';;;i;; Ji Eance:'racion

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