Exhibit A

HAWAII KAI MARINA FEES AND CLASSIFICATION OF VIOLATIONS

Registration of any vessel and the issuance of a commercial permit or guest pass involves contractual obligations which if breached may result in penalties, suspensions and claims for damages.

  1. VESSEL REGISTRATION:

  1. Marina Waterfront Resident

$20 yearly

2. Non-Marina Hawaii Kai Resident
(prorated monthly for new vessel registrations)

$550 yearly

3. Vessels with rented slip space at Koko Marina, commercial boats that are moored at commercial boat docks at the marina shopping centers

$20 yearly

NOTE: A $25.00 late fee will be applied to all re-registrations not completed by the 31st of January each year.


  1. VIOLATIONS:

Penalties will be assessed by the Marina Manager as appropriate, for violations of the Marina Rules and Regulations and/or the applicable Declaration of Protective Provisions. Violations are classified into three categories as follows:

CLASS A...maximum penalty for each offense is $100.00 and/or the suspension of the right and privilege of using the marina.

CLASS B...maximum penalty for each offense is $50.00 and/or the suspension of the right and privilege of using the marina.

CLASS C...maximum penalty for each offense is $25.00 and/or the suspension of the right and privilege of using the marina.

Each violation shall be considered a separate offense. Repeat offenders may be subject to increased penalties for each offense as deemed appropriate by the Marina Manager. Examples of each class of violation are included at the end of this Exhibit.


  1. NOTIFICATION AND COLLECTION PROCEDURES:

Whenever necessary, the Marina Patrolmen will provide a boater with a verbal warning or issue a citation to the operator of the vessel or the person violating these Marina Rules and Regulations. All verbal warnings and citations will be followed up with appropriate action by the Marina Manager.

Failure to pay the penalty for a marina violation within seven (7) to ten (10) working days of notification of the violation may result in an additional penalty fee and/or may result in one or more of the following actions by the Marina Manager:

  1. All rights and privileges assigned with the vessel registration, guest pass and commercial license agreement, can be suspended and/or revoked.

  2. All prepaid fees for use of the marina during the calendar year can be forfeited in whole or in part.

  3. Police action and/or assistance can be requested for appropriate action.

  4. Legal action can be initiated for collection of violation penalties due and/or injunction actions, as appropriate.


CLASSIFICATION OF VIOLATIONS

Description

Class A

Class B

Class C

Careless and/or reckless operation

X

Causing an unreasonable wake

X

Dumping/littering/pollution of the marina

X

Obstruction of marina operations

X

Speeding in a slow/no wake area

X

Speeding in the marina before 8 a.m. or after sunset

X

Speeding in the marina with vessel greater than 21' in length

X

Children under 13 not wearing a life vest

X

Unauthorized operation in the watersport or restricted areas

X

Operating a boat, canoe, kayak or standup at night without navigation lights

X

Water sports in the marina without proper decals

X

Water sports in restricted slow/no wake areas

X

Water sports before 8 a.m. or after sunset

X

Water sports without life vest

X

Water sports without an observer or rear view mirror

X

Tandem water skiing

X

Installation of an unauthorized boat dock

X

Mooring of boats that exceed the maximum mooring zone

X

Mooring of boats that exceed the maximum mooring zone

X

Use of prohibited fishing equipment

X

Fishing or crabbing in unauthorized areas of the marina

X

Failure to properly register a vessel

X

Disturbing the peace, use and enjoyment, of the marina

X

Failure to obtain a boating guest pass

X

A violation of any declaration or marina rule or regulation,
including the specifically mentioned violations above, will be evaluated
and acted upon at the discretion of the Marina Manager.