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DPD,properly protecting and indemnifying City and DPD with single limit coverage of not less <br /> than$1,000,000.00 for injury to or$2,000,000.00 for death of persons and$500,000.00 for <br /> property damage. During the Term, G&H shall furnish City and DPD with a certificate or <br /> certificates of insurance,in a form acceptable to City and DPD, covering such insurance so <br /> maintained by G&H and naming City and DPD as additional insureds. It shall be the <br /> affirmative duty of the G&H its contractors and subcontractors to provide proof of the above <br /> insurance coverage requirements. City or DPD's failure to request direct proof of insurance shall <br /> not constitute a waiver of the above requirements. <br /> 10. SLIP RENTAL. The slips constructed pursuant to the Project shall be <br /> exclusively for lease by the public. G&H shall manage the rental of all slips within the Marina <br /> and shall be responsible for collecting all slip rental fees. All slips shall be rented pursuant to <br /> written agreements in substantially the form of Exhibit B attached hereto and incorporated <br /> herein. G&H shall pay DPD twenty percent(20%)of the gross annual slip rental revenue <br /> collected by G&H in consideration of DPD providing utility connections as required by this <br /> Agreement. Said payment shall be made on or before October 1 st of each year. G&H shall pay <br /> a late charge in the amount of 5%if any amount remains unpaid on the tenth(10th)day after <br /> same is due. G&H shall provide DPD with copies of all signed leases,rent rolls, and payment <br /> records upon request by DPD. G&H shall pay an annual fee of One Hundred Dollars($100.00) <br /> to the City for a group dock license in lieu of separate licenses for each dock and slip. If this <br /> Agreement is terminated for any reason,DPD or its chosen agent shall manage the rental of all <br /> slips. City shall approve any qualified agent chosen by DPD and said approval shall not be <br /> unreasonably withheld or delayed. <br /> 11. FUTURE REVENUE.The parties acknowledge and agree that future phases of <br /> development may provide opportunities for the generation of revenue in addition to slip rental <br /> fees. Said opportunities may include but are not limited to: the sale of concessions,the sale of <br /> alcohol,the sale of boating equipment and gear,the sale of bait and tackle, the sale of fuel, <br /> providing vessel maintenance services(such as winterizing), and the rental of boats or personal <br /> watercraft. G&H shall not engage in any revenue-generating activity on the Premises without <br /> the prior written approval of the City and DPD. The City and DPD shall give G &H the right of <br /> first refusal before engaging any other person and/or entity in any revenue-generating activity on <br /> the Premises or as part of any future phases of development within the"Future Development <br /> Zone." Prior to commencement of any revenue-generating activity, G&H and DPD shall <br /> negotiate in good faith to determine the percentage of revenue to be paid to DPD for each <br /> activity. The terms of said agreement shall be evidenced by a written amendment to this <br /> Agreement signed by G&H and DPD. Accordingly, G&H shall be solely responsible for any <br /> capital costs associated with,or needed to support, additional revenue generating services. <br /> 12. TAXES ON LEASEHOLD. G&H shall be responsible for and shall pay before <br /> delinquency all municipal, county, or state taxes assessed during the term of this Agreement <br /> against any leasehold interest or personal property of any kind owned by or placed in,upon, or <br /> about the Premises by G &H. <br /> 4 <br /> 3/11/2022 <br />