COMMERCIAL BOAT SLIP RENTAL AGREEMENT

Transcription

1 COMMERCIAL BOAT SLIP RENTAL AGREEMENT THIS BOAT SLIP RENTAL AGREEMENT ( Agreement ) is entered into this day of, 20 by the CITY OF SPICER, a Minnesota municipal corporation ( City ) as the owner of the City Dock consisting of boat docking facilities (collectively the Dock ) including boat slip number (the Slip ) located in the Dock and ( Renter ). AGREEMENT 1. Commercial Use. This Agreement allows the Renter to dock a boat at the Slip, provide access for Renter s guests and patrons ( Guests ) to dock a boat at the slip, and to use the Dock reasonably necessary for such use. The Slip and the Dock are used only by the Renter and the Guests and at the sole risk of Renter. Renter hereby assumes any and all such risks. The City assumes no responsibility for, and shall not be liable for the care, protection, or security of any boat or its contents, or the safety of Renter or Guests. 2. Term. This Agreement shall be in effect for the boating season (May 1 st to October 1 st weather permitting) ( Season ), unless sooner terminated as a result of any of the following conditions: A. Destruction of the Dock by fire, storm, or other casualty so as to make the use thereof substantially impaired; B. Breach or default of this Agreement or violations of the Rules by Renter or Guests; or C. Failure of Renter to pay the Rent on or before April 1 of the Season. 3. Rent. Renter agrees to pay $1, as rent for the Season; Minnesota State sales tax of 6.875%, City Local sales tax of.05% and Kandiyohi County sales tax of.05% must be charged on this rental fee in the amount of $ (collectively Rent ). Rent shall be paid in full prior to the Renter's use of the Dock or Slip and in any event, if Rent is not paid in full by April 1 st of the Season, Renter shall be deemed to have abandoned this Agreement, this Agreement may be terminated by the City without further notice and the City may take any action it deems appropriate including renting the Slip to another renter. Rent is non-refundable. In no event shall Renter be entitled to proration of Rent, including if weather conditions or water levels delay the use of the Slip after May 1 or require early removal of the Dock prior to October 1 st.

2 4. Rules. Renter agrees to comply with all rules and regulations ( Rules ) adopted by the City. Renter acknowledges receipt of the Rules, and shall provide copies of the Rules to all guests using the Dock. Any violation of this Agreement or the Rules which is not corrected within ten (10) days of written notice from the City shall be a default under this Agreement in which event, this Agreement shall terminate, and the City may remove any boats from the Slip if necessary at the Renter's risk and expense and retake possession of the Slip. 5. Breach. Renter agrees to comply with all posted rules and regulations ( Rules ) provided by the City from time to time, as fully as though they were set forth herein. Renter acknowledges receipt of the Rules. Any violations of this Agreement or the Rules by Renter or Guests which are not corrected within five (5) days of written notice from the City shall be a default under this Agreement in which event, this Agreement shall terminate, and the City may remove any boats from the Slip if necessary at the Renter s risk and expense and retake possession of the Slip. 6. Renter s Responsibilities. A. Renter shall provide a copies of the Rules to all Guests using the Dock. Renter shall require all Guests using the Dock to complete and sign the waiver attached as Exhibit 1 ( Waiver ). Renter shall keep and maintain Waivers for the term of the Agreement and provide copies to the City upon request. B. Renter shall make suitable arrangements for safe, sheltered anchorage of boats in the Slip during storms, high winds, high or low water, ice or snow conditions and other weather conditions. Renter and Guests may not assume that the Dock or Slip will be a safe, sheltered anchorage at any time and the City is not required to do any act to save or preserve boats moored at the City Dock. C. If any boat sinks while in the Slip or otherwise in the Dock, Renter shall raise the boat at Renter's sole cost and expense. If action to raise the boat is not begun within 24 hours after Renter receives notice of the sinking, the City may take action to raise the boat at Renter's expense. Undertaking to move the boat shall not be deemed an assumption of responsibility for the safety, security and care of the boat by City. The City shall also have the contractual right to enforce its salvage costs and the amount of its salvage lien against the Renter personally. D. Upon written notice from the City, Renter shall remove any boat from the Slip if necessary to perform repair or maintenance of the Dock. E. If Renter elects to use a lift, it must professionally installed and removed by a contractor authorized by the City. Any canopies on lifts must be dark green in color. Lifts may be

3 manual or solar/battery powered; no hardwired electric lifts are permitted. A list of authorized contractors is available from the City. 7. Release of Liability and Assumption of Risk. RENTER, FOR ITSELF AND ON BEHALF OF, ASSIGNS, GUESTS, INVITEES AND NEXT OF KIN, HEREBY RELEASES, INDEMNIFIES AND AGREES TO HOLD HARMLESS THE CITY OF SPICER, ITS ELECTED OR APPOINTED OFFICIALS, EMPLOYEES AND AGENTS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH TO OR LOSS OR DAMAGE TO PERSONAL PROPERTY OF ANY OF SUCH PARTIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE CITY OR OTHERWISE; EXCEPT THAT WHICH IS THE RESULT OF GROSS NEGLIGENCE OR WANTON MISCONDUCT. This release of liability covers all activities surrounding the use of the Dock. Nothing in this Agreement shall be deemed a waiver of the City s affirmative defenses, statutory immunities, or tort liability limits. 8. Insurance. Renter agrees to maintain commercial liability insurance coverage in the amount of $1,500,000 or greater and provide proof of coverage to the City prior to use of the Dock. The insurance shall list the City as an additional insured. Renter acknowledges that the City is not responsible for injury or property damage resulting from Renter or Guests, use of the Dock. Renter agrees to indemnify, defend, and hold the City harmless from any and all claims arising from Renter or Guests, using the Dock. 9. Assignment. Renter may not assign this Agreement. The Slip may not be subleased or rented to a third party other than Guests. 10. Waiver. The City s waiver of any of the conditions in or a default under this Agreement shall not constitute a waiver of any future condition or default. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12. Entire Agreement; Binding Effect. This Agreement constitutes the entire agreement of the parties hereto regarding the subject matter hereof. This Agreement is binding on and, subject to paragraph 2(b) shall inure to the benefit of the parties hereto and the heirs, personal representatives, successors and assigns of each. RENTER Signature: Print Name:

4 CITY OF SPICER Mayor Attest: City Administrator

5 WAIVER As a condition of using boat slip number (the Slip ) on the City Dock, and as the owner of a boat, I represent that my boat is legally registered and has valid insurance coverage. I have received a copy of the dock rules and agree to comply with all rules and require all of the members of my party to comply with the dock rules. On behalf of myself, my assigns, and guests, and next of kin, I hereby release, indemnify and to hold harmless the City of Spicer, its elected or appointed officials, employees and agents with respect to any and all injury, disability, death to or loss or damage to personal property of any of such parties, whether caused by the negligence of the City or otherwise. This release of liability covers all activities surrounding my use of the Slip and the dock. I have read this waiver including the release of liability and assumption of risk and the current rules. I fully understand what I have read and acknowledge that my use the City Dock is voluntary and my continued use is a revocable privilege. GUEST Signature: Print Name: