The URL can be used to link to this page

Home My WebLink About20081020 - VI-14VI-14 City of Hastings Parks & Recreation 920 W 10a' St, Hastings MN 55033 Ph: (651} 480-6175 Fax (651) 437-5396 Web: www.ei.hastin~s.mn.us 'Creating Community Through People, Parks, and Programs` Date: I O/15/08 To: Honorable Mayor and City Council From: Barry Bernstein, Parks and Recreation Director Subject: Mississippi Boat Dock Winter Storage Agreement In preparation of the winter season, City Staff is making preparations to have the Mississippi River Boat Dock dismantled and stored over the wintei. Staff has made arrangements to store the boat dock at Hub's Marina over the course of the winter. Enclosed you will find a document of understanding between Hub's Marina and the City of Hastings. This document illustrates and protects both parties in case of an unplanned event which may cause damage to the dock over the winter storage period. This agreement was drafted by our legal council. It is staff s recommendation to approve the use of this document as an agreemenrt of understanding with Hub's Marina. Civic Arena Aquatic Center Youth First 2$01 lied Wing Blvd. 901 Maple Street 920 W 10`" Street Ph: (b51) 480-6195 Ph: (651)480-2392 Ph: (651)480-6182 Fax: (651) 437-4940 Fax: (651)437-5396 Fax: (651) 437-5396 Dock Storage Agreement This agreement is made on the day of October, 2008, by and between the City of Hastings, A Minnesota Municipal Corporation, (hereinafter "the City") and Hub's Landing and Marina, LLC, ("Hub's Landing"). RECITALS WHEREAS, the City is the owner of a Shore Master Dock (hereinafter "the Dock") currently in a place on the Mississippi River and used by the City as a municipal dock. WHEREAS, Hub's Landing has agreed to allow the City to store the Dock and all associated equipment and structures from the date the Dock is removed from its current location delivered to Hub's Landing property by Portable Barge Company through the date the Dock is transported back to it's summertime location. WHEREAS, no monetary consideration is to be paid by the City to Hub's Landing far the storage. NOW, THEREFORE, it is agreed as follows: 1. Storage. Storage shall be undertaken in a commercially reasonable manner so as to prevent any unnecessary damage to the Dock by Hub's Landing, its employees, agents, invitees and lessees. The City or its contractor shall take all necessary actions to winterize the Dock for storage in freezing temperatures. Hub's Landing understands and acknowledges that from the time the Dock is delivered, the City will have no ability to move or relocate the Dock. Hub's Landing will select and identify a storage location above the high water elevation that will not require the Dock to be moved or relocated until the end of the anticipated storage period. Hub's Landing will provide reasonable access to and from the Dock storage location to the City, its employees and contractors for the purpose of performing maintenance on and inspections of the Dock. If at anytime Hub's Landing becomes aware of a condition or event that is likely to result in damage to the Dock or injury to the person or property of any third-party as a result of the storage of the Dock, Hub's Landing will immediately notify the City. 2. Insurance Responsibilities/Liability. The Dock will remain subject to the City of Hastings casualty and liability insurance coverage while stored by Hub's Landing. Hub's Landing shall not be responsible or uidenuiify the City or its insurers for damage to the Dock while it is stored in a commercially reasonable manner, unless such damage is caused by the intentional act or gross negligence of Hub's Landing, its employees, agents, invitees or lessees. Hub's Landing will take all reasonable steps to store the Dock in a manner likely to prevent access of third-parties to the Dock and to prevent potential hazards to third-parties while the Dock is stored. 3. Duration. This agreement covers the storage of the Dock from the time the Dock is delivered to Hub's Landing property in Fall 2008 through the time in Spring 2009, when the Dock is removed from storage. Hub's Landing shall provide reasonable access to the City, its 1 S employees, and contractors for removal in early Spring 2009. Hub's Landing acknowledges that the date when the City can remove the Dock from storage is not certain and is dependant on a number of factors, including but not limited to weather conditions, schedule of the City's contractor and navigation restrictions. The City will undertake reasonable efforts to remove the Dock from storage in early Spring 2009. 4. Termination. This agreement and the rights and obligations hereunder may be terminated only with the consent of both the City and Hub's Landing. 5. Governing Law. This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. 6. Entire Agreement. This agreement constitutes the entire agreement between the parties and any prior understanding where representation of any kind proceeding the date of this agreement shall not be binding on either party, except to the extent incorporated in this agreement. 7. Modification of Agreement. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidence in writing, signed by both the City and Hub's Landing. 8. Notices. Any notice provided for or concerning this agreement shall be in writing. Dated: , 2008 Hub's Landing & Marina, LLC By: Dated: , 2008 City of Hastings By: P 'if ~~/NG 6 MA~~~ ~'' &r4z HASTtNGS.~ 2008/2009 Winter Contract for In-Water Storage Hub's Landing and Marina PO Box 21 Hastings, MN 55033 651-755-6540 www.hubslanding.com Hub's Landing & Marina, LLC (as Marina) hereby agrees to lease to (as Lessee), the following described dockage herein described under the terms and conditions stated in this agreement. 1. No boat or equipment shall be stored at Marina without a signed contract. 2. Lessee agrees that Hub's Landing & Marina, and its officers, shall have no liability for, and Lessee agrees to indemnify and hold Marina harmless against, and any loss or damage of whatsoever kind to the boat, gear, appurtenances, equipment or personnel, or any other items stored or brought to Marina, whether caused by theft, fire, collision, chaffing, flood sinking or any other cause of any kind or nature whatever, or for the death of or personal injuries to Lessee, Lessee's family, employees, agents, or guests, howsoever caused, occurring on the boat or any of the walks, floats, ramps, gangways, equipment or otherwise on the premises belonging to or under the control of the Marina, or for loss, damages or injury of any kind or nature occasioned by the movement, operation, use maintenance of the boat. Lessee also agrees to indemnify and hold harmless Hub's Landing & Marina and it's officers from and against any liability for personal injury or property damage sustained by any other person, firm or corporation, by reason of any matter, thing or occurrence arising out of the occupancy or leasing of any slip or storage space by the Lessee. 3. Marina is under no obligation whatever to take action(s) in advance of or during a storm, flood or other emergency circumstances to preserve or protect Lessee's boat or equipment. It is further agreed, however, that the Marina may, at its sole election, undertake such actions during or in advance of a storm, flood or other emergency circumstance as it alone deems appropriate and/or necessary to preserve or protect any or all boats or other property located on its premises; in such event it is agreed that Lessee shall indemnify and hold the Marina harmless for any and all personal injury or property damage occurring in connection with the Marina's efforts to preserve or protect boats during or in advance of a storm or flood It is further agreed that Marina may bill for costs associated with such actions should they become excessive. 4. Marina requires Lessee to maintain in force personal injury liability insurance and property damage liability insurance for the protection of Lessee, Marina, and others. Lessee aerees to provide to Marina a Certificate of Insurance evidencing personal injury and property damage liability insurance of at least $300,000, and that `Hub's Landing and Marina. LLC' be included on the policy as an additional insured. Lessee accepts responsibility for providing a current Certificate of Insurance to Marina. At the discretion of Marina, failure to provide such a Certificate of Insurance may be grounds €or Marina to cancel agreement and all of Lessee' rights hereunder. 5_ Lessee agrees and understands that attorney's fees and other costs associated with collecting sums due under this Agreement shall be for all purposes charged as part of the Marina's lien against the boat. Both possessory and non-possessory liens arise in favor of the Marina by operations of both state and federal law respectively. 6. In consideration of flooding, Marina reserves the right to request that boats and equipment be removed if necessary. 7. Marina is under no obligation to monitor or maintain operation of bubblers or other winter storage equipment. Marina reserves the right to charge for such services at a rate of $70 per hour if such services are performed repeatedly. 8. In the event the Lessee shall cancel this agreement, no refunds will be made. 9. No electric heaters allowed without permission from Marura. Violation wilt forfeit summer slippage or storage. 10. Contract fees: Winter storage fee will remain at $10 per foot on the LOA (length overall)_ Winter storage runs approximately from late-October to early-May, depending upon weather conditions. Fees are due by October 1st. A 1.5% fee will be charged monthly on all overdue balances. A $30 fee will be charged for al] returned checks. Boat Owner(s) Address Home Phone Boat Mfg. & Model Registration # Hull Length Name I agree to the conditions of this agreement at stated above. _ City State Work Cell Zip LOA Signature Date