East Tampa Port Tariff

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East Tampa Port Tariff Abbreviations L.O.A.Length Over All Issued: Effective: September 1, 2011 September 15, 2011 Issued By: Nichole Benbow, Tom Flynn Mosaic 8813 Highway 41 South Riverview, Florida 33578 Telephone: (813) 671-6217 / (813) 500-6698 Fax: (813) 671-6257 / (813) 571-6921 Mosaic E. Tampa 1

Section I Description of Facilities Limited Use The Mosaic East Tampa Terminal ( Terminal ) is designed for the purpose of loading dry bulk phosphate products and for unloading liquid sulphur and other cargo specifically named herein. Berths & Channels The Terminal is located at the mouth of the Alafia River on Alafia River Channel approximately three miles east of Hillsborough Bay Channel Cut C with a turning basin approximately 1,000 feet by 1,000 feet in the rough shape of a triangle. The marginal bulkhead for vessels is 500 feet, and dolphins and breasting piers are provided for an additional mooring space of 150 feet. Vessel restrictions are as follows (subject to change without notice): 675 feet maximum overall length 106 feet maximum beam 50 feet minimum beam Permitted for 33 feet 06 inches maximum draft at mean low water plus up to a maximum of 2-foot tide. Restrictions may apply Permitted for 31 feet 09 inches maximum draft from approaching channel plus up to a maximum 2-foot tide. Restrictions may apply In order to turn around ANY vessel over 650 LOA in the basin, there shall not be any other vessel at the sulphur dock. For vessels less than 650 LOA the combination of LOA of vessel at phosphate dock and beam of vessel at sulphur dock cannot exceed 650 feet. Restrictions may apply. Dry Cargo Loading The dry bulk loading boom extending over the vessel at the dock has a maximum air draft clearance of 42 feet at mean low water. The loading chute has an effective range outward from the dock edge of 32 feet 6 inches minimum and 52 feet 6 inches maximum. Mooring Area The bow lines are normally fastened to the dolphin on the south end of the dry product pier, spring lines are placed on the Old Sulfur dock and the small New Sulfur dock. The stern lines are placed on the dolphin on the shore. Molten Sulfur Transfer Area The transfer is done on the Old and New Sulfur unloading docks through two 8 x25 hoses and 1856 feet of 10 pipe to three 20,000 ton shore tanks just north of the unloading area. Molten Sulfur Control Station The control to start and stop the sulfur transfer is located on board the unloading vessel. The emergency stop button for the Old Sulfur dock is located north/west on the handrail of the catwalk to unloading transfer point. The two emergency stops for the New Sulfur dock are located at the south/west on the handrail and the at the south/east on the handrail of the catwalk to unloading transfer point. Mosaic E. Tampa 2

Wharf The wharf is composed of the two small concrete structures built on pilings about 82feet from the shores edge. The two wharfs are 26 x 30 feet and they are 119 feet apart. Piping Subject to Test: The test is performed on Sulfur Hoses on and then the 1,856 feet of 10inch line to the storage tanks. The system is tested to 150 PSI for a MAWP of 100 PSI. Section II General Terms Liquid Cargo Area The northern most pier in the tanker mooring space of 650 feet is located 205 feet from end of mooring space and is provided with 10 inches diameter adjustable molten sulphur unloading are that has a maximum air draft clearance of 40 feet above low water. The Terminal is served by private siding, which connects with CSX Transportation, Inc. Application of Tariff The rates, rules and regulations contained in this tariff shall apply equally to all users of the waterways serving this Terminal, and of the Terminal, and of the Terminal facilities. Hours of Operation Normal Terminal operations are conducted 24 hours, seven (7) days per week excluding holidays. Section III Rates, Charges, & Payments Holidays The Terminal will operate on the following holidays by special arrangement only. The following charge shall be made and paid for terminal loading on the following holidays: $1,500.00 on each twenty four (24) hour period or fraction thereof (unless otherwise negotiated/contracted). Holiday Dates New Year s Day Jan. 1 Martin Luther King Day 3 rd Mon./Jan Good Friday Memorial Day Last Mon./May Independence Day July 4 Labor Day 1 st Mon./Sept. Veterans Day Nov. 11 Thanksgiving Day 4 th Thurs./Nov. Friday after Thanksgiving Christmas Eve Day Dec. 24 Christmas Day Dec. 25 Mosaic E. Tampa 3

When any of the above holidays fall on a Sunday, they will be observed on the Monday following. When any of the above holidays fall on a Saturday, they will be observed on the Friday preceding. Stevedoring The Terminal does not contract for stevedoring operations. The vessel s owner or agent is directed to the contracting stevedores for rates and services. These operations will be subject to all terminal safety and operating procedures. Handling Fees For Phosphate Products The following charge shall be made and paid for handling, loading and spout trimming of bulk dry, free flowing phosphate products: $7.00 per net ton (unless otherwise negotiated/contracted). Running Lines The following charges shall be made and paid for running lines while docking and undocking. Hours Anytime/Anyday Docking and Undocking (each): $1,000 Capstan fee a user fee of $2,000 will be assessed on all vessels which use the capstans located at the New Sulfur Unloading Dock and Dry Cargo Loading Dock Docking and undocking are considered separate services and charges shall be assessed for each operation. Dockage Rates Dockage charges will be assessed against all vessels as follows: (see notes 1, 2, and 3) LOA (in feet) LOA Rate (per foot) 0-199 $2.39 200-299 $3.14 300-399 $3.14 400-499 $4.27 500-599 $5.74 600-675 $6.66 A minimum dockage fee of $50.00 per vessel per day and $25.00 per day on barges shall be assessed Note 1: Dockage will be assessed on the length over all as published in the current Lloyds Register of Ships. Note 2: All rates are assessed on each twenty four (24) hour period or fraction thereof. Note 3: Dockage charges shall commence against a vessel when the first line has been made fast at the berth and shall continue until the last line has been released and vessel is completely free. Water Fresh water will be available at a charge of $2.25 per net ton, with a minimum of $100. Mosaic E. Tampa 4

Section IV Liability & Indemnity Prepayment The Terminal operator reserves the right to collect in advance all charges which may accrue against vessels, or against cargo loaded or discharge by such vessels, or from other users or waterways and Terminal facilities. Interest / Other Charges Interest on any vessel obligations not paid when due shall be charges at a rate of 1.5% per month but not to exceed the maximum rate allowed in this State, together with all costs and attorney fees incurred in collection. Pollution Liability The vessel owner and its operator shall comply with all applicable federal, state and local laws and regulations affecting the environment. No person, firm or corporation shall deposit, place or discharge into the waterways serving the Terminal, either directly or through private or public sewers, sanitary sewage, butcher s offal, garbage, dead animals, gaseous liquid or solid matter, oil, gasoline, residuum of gas, calcium carbide, trade waste, tar or refuse, cargo or any other matter which is capable of producing floating matter or scum on the surface of the water, sediment in the bottom of the waterways, or the odors and gases of putrefaction. Vessel owner and operator shall indemnify and hold Terminal harmless for any damage, liability or expense arising out of or incurred as a result of any breach of this provision. This provision does not release Terminal from liability for its own negligence. Nuisance Vessel owner and operation shall comply with all federal, state and local air pollution laws. It is unlawful for a vessel to permit excessive smoke, clearing of boilers, blowing tubes, or creating similar conditions while vessel is in the channel, turning basin, or in berth. Any activities of this nature will be reported to the U.S. Coast Guard and other appropriate authorities and Terminal may order a Vessel out of berth. Damage to Dock / Terminal Facility Vessel and Cargo owners and their agents shall be jointly and severally liable for any damage to the dock or Terminal facilities caused by or arising from operation of the Vessel or the action of its employees or agents. Terminal may require a bond in an amount reasonable with damage before allowing vessel to sail. Bond Users of the Terminal facilities may be required to furnish the Terminal operator with an Indemnity Bond insuring the Terminal operator against loss of any funds accruing from charges assessed for services rendered and for usage or facilities. The bond shall be in a reasonable amount determined by the Terminal operator. Section V Berthing Regulations Notice of Readiness All Vessels, their owners, agents or masters intending to discharge or receive cargo at the Terminal shall prior to berthing, submit a Notice of Readiness to the Terminal operator. Mosaic E. Tampa 5

Berth Assignment Except as otherwise ordered by the Terminal operator, Vessels will be assigned a berth in the chronological order in which the Notices of Readiness have been filed. Vacating Berth Terminal may order vessel to vacate the berth when it deems that the continued presence of such vessel is a potential hazard to the vessel, the berth, the facility, or the rights of property of others, or would unreasonably interfere with the use of terminal s facilities by others. Such situations include, but are not limited to, the following: when a potential natural disaster such as a hurricane, tornado, earthquake, or flooding, makes the continued presence of the vessel a threat to the vessel and/or terminal facilities; when the berth is committed to others under preferential berth arrangement or other agreement; when the vessel s cargo or other items present a hazard to other vessels, cargo or facilities; and when the vessel refuses to work continuously to completion of its loading and/or discharge. If vessel refuses to vacate the Riverview berth, penalty charges of $2,000 per hour will be assessed against the vessel and/or its owners and agents after Notice to Vacate has been given to the vessel and/or its owners, agents, master, or mate. Also, Mosaic reserves the right to deny such vessel future berthing privileges. Berthing Order Terminal may in its sole discretion, change the turn of Vessels whether berthed or not, when in its judgment, conditions at the dock or the Terminal will thereby be facilitated. Labor Disturbances If a strike or other labor disturbance will in Terminal s judgment tie up, impede, or shut down operations at the dock, Terminal may order any or all Vessels out of berth or refuse to accept it at berth. Gangway, Lights, Crew Upon berthing, Vessels shall immediately and at all times provide and maintain a safe and adequate gangway from the Vessel to the dock, adequate lighting equipment, and appropriate officers and crew aboard to permit reception of cargo at any time of the day or night. Failing this, Terminal may order the vessel to vacate the berth. Vessel Bunkering Terminal will not permit the transfer of bulk oil to Vessels. Any truck or barge that arrives at the Terminal with the intention of doing so will be refused entry/access. This includes lube oils, which are intended to be pumped from trucks or drum onto a Vessel from the dockside. Cleanliness, Obstruction of Premise and/or Berth Ship agents and Vessel owners shall be held responsible for the clean-up of the berth which they have used for deliveries, work being conducted on vessel and/or barge. Cargo or stevedore gear that would hamper normal operations will not be permitted to remain on berth or facility grounds without specific advance approval by the Terminal operator. If the above areas are not clean and cargo handling equipment is not removed in accordance with the Terminal operators directives, terminal will be authorized to remove equipment or clean the area at the ship agent and/or Mosaic E. Tampa 6

vessel owners expense with the cost there of plus 100%. The Terminal operator will notify the responsible party before undertaking chargeable clean-up. Safety Policy and Procedures Ship agents, vendors and vessel crew will be required to follow Mosaic Safety policies and procedures while on premise. Proper PPE must be worn at all times once you disembark vessel and/or vehicle. You must be wearing at all times the following items: Steel Toe Shoes Safety Glasses (with proper side shields) Hard Hat Personal Flotation Device (PFD) while within 10ft of waterways Ship agents, vendors, visitors and vessel operators will be required to have a valid Transportation Workers Identification Credential (TWIC) on their person at all times or be escorted by someone who has a TWIC. Additional access to other areas in the facility other than the berthing area is not permitted. Under no circumstances may the vessel crew leave the berth area on foot to leave the facility. Vehicle service will be provided to escort vessel crew members outside the facility and will be provided upon return to the facility. Vehicles on Facility It shall be unlawful for the owner or driver of any automobile, truck, trailer, or other vehicle, to allow same to remain parked on berth, any wharf, transit shed, or warehouse, or on any roadway in the terminal facilities for a longer period than is necessary to load or unload its cargo or passengers. Driving personal vehicles on docks is prohibited, except when being utilized for a port function. Personal vehicles must be parked in designated parking areas and must display a valid parking permit. Mosaic E. Tampa 7