I understand that it is my obligation to carry liability insurance on my boat at all times during my seasonal slip rental. State of Minnesota., Division of Risk Management has determined that the insurance requirement will be $500,000 minimum liability coverage.
1. The Slip and the Marina are to be used at the sole risk of Boat Owner. Boat Owner hereby assumes any and all such risk. The Marina assumes no responsibility for, and shall not be liable for the care, protection, and/or security of the Boat.
2. This agreement shall be in effect, unless sooner terminated in accordance with the following conditions, to wit:
a. By destruction of the anchorage facilities by fire, storm, or other calamity.
b. In the event the Boat Owner shall make a bonafide sale of the boat listed in this agreement. c. By breach of default as provided in paragraph 3 below.
3. Boat Owner agrees to comply with all posted rules and regulations given to you, as fully as though they were set forth herein, and should breach of this agreement or violation of posted rules and regulations occur, this rental agreement shall terminate immediately, and the Marina may remove the boat from her mooring space and lift out if necessary at the Boat Owner’s risk and expense and retake possession of the mooring space.
4. Waiver of any conditions by the Marina shall not be deemed to be a continuing waiver.
5. RESPONSIBILITIES. Marina expects Boat Owner to make suitable arrangements for safe, sheltered anchorage during storms, high winds, high or low water, ice or snow conditions and other bad weather, and Boat Owner warrants such arrangements have or will be made. Boat Owner may not assume that the Marina will be safe, sheltered anchorage at any time. In the event of an impending storm or other emergency situation, Boat Owner authorizes Marina to do whatever Marina deems appropriate to keep the marina, marina property, the Boat or other boats safe. These actions include but are not limited to moving the Boat at the Boat Owner's risk and expense; however Marina is not required to do any act to save or preserve any Boat or Boat Owner’s property. Boat Owner shall pay for all costs of such actions by Marina whether or not Marina's efforts are successful in protecting the Boat.
SALVAGE. If the Boat sinks while in the Marina, Boat Owner shall raise the Boat at Boat Owner’s sole cost and expense. If salvage is not begun within 24 hours after Boat Owner receives notice of the sinking, Marina may raise the Boat at Boat Owner's expense and dispose of it at Marina's discretion. Undertaking to move the Boat shall not be deemed an assumption of responsibility for the safety, security and care of the Boat by Marina, nor shall Marina be deemed a bailee of the Boat Owner. Marina shall have a federal maritime lien for salvage against the Boat for any and all salvage actions and costs undertaken by the Marina. Marina shall also have the contractual right to enforce its salvage costs and the amount of its salvage lien against the Boat Owner and/or Boat Owner’s Agent personally.
6. RELEASE OF LIABILITY AND ASSUMPTION OF RISK. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS NORTHSHORE MINING COMPANY, THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES, AND THE CITY OF SILVER BAY, the owner, lessor and lessee of the premises known as Silver Bay Marina, their officers, officials, agents and/or employees (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE; except that which is the result of gross negligence and/or wanton misconduct. I understand and agree that this release of Liability covers all activities surrounding my use of the Silver Bay Marina and damage as the result of dust from the adjoining Northshore Mining Company facility.
RULES AND REGULATIONS COVERING USE OF SILVER BAY MARINA
• The word “Marina” is used here to indicate any person authorized to represent the operators of the Silver Bay Marina.
• The word “Tenant(s)” is used here to indicate the owner (or owner’s authorized representative) of any boat moored in the Marina.
• To be admitted and to continue as a Tenant of the Marina, the boat owner must make payment in full, provide insurance documentation and completely fill out this application each season PRIOR to docking. Tenant agrees to pay all reasonable costs to collect for insufficient funds or non payment of slip fees, including reasonable attorneys fees. A $25 per month late charge applies to all past due balances.
• The Tenants agree to have their boats insured with a minimum $500,000 per occurrence of liability coverage. Tenants will be held responsible for all damage they or their boats may cause to other boats in the Marina, or to the structures or facilities thereof.
• Alterations or additions to docks, slips, or other facilities may only be done by the Marina.
• The extent of boat repairs and maintenance permitted at dockside is at the discretion of the Marina. Generally, major repairs are not allowed. No outside contractors or service organizations or individuals will be permitted to undertake any work on boats in the Marina without the approval of the Marina.
• Swimming, diving or fishing is not permitted in the Marina.
• Disposal of fish entrails is prohibited in all Marina refuse containers, dumpsters, and waters. Please use the provided fish cleaning station.
• Advertising or soliciting shall not be permitted in any part of the Marina.
• Courtesy carts are to be promptly returned to the head of the dock after use.
• Proper disposal of trash, waste and recyclables shall be done in accordance with all laws and ordinances. Use of trash and recycling containers provided by the Marina is required.
• Movement of boats within the Marina must be on a “no wake” basis.
• Fires are not permitted anywhere within the Marina.
• Parking of vehicles and or trailers is at the risk of the owner. Neither the Marina nor the State of Minnesota shall be liable for damage, misuse, theft, or any other loss sustained by the owner while parked on Marina property.
• Pets are permitted as long as they do not disturb others. They must be leashed at all times. Pet waste must be cleaned up
immediately. Pets needing to relieve themselves should be walked in the designated dog walking area. .
• Tenants shall conduct themselves so as not to annoy, bother, or interfere unreasonably with the rights and privileges of the other Tenants. Tenants are responsible for the conduct of their guests.
• Tenants may not sublet slips nor do they have the right to allow the slip assigned in the contract to be used by any other than Tenant..
• Marina reserves the right to use slip when unoccupied by Tenants.
• While at Silver Bay Marina, all vessels must be maintained in a neat, attractive and seaworthy condition, capable of operating under their own power.
• While at Silver Bay Marina, Tenants, their agents, or their guests, agree to abide by all boating regulations of the United States, State of Minnesota and such rules and regulations of the Silver Bay Marina as may be established hereafter.
• FOR SALE (or equivalent) signs are not permitted to be displayed without prior approval by the Marina Manager.
• Charter boats operating out of the Marina must provide proof of Coast Guard license and liability insurance as required by
County, State, and Federal regulations. Charters larger than six people not permitted without management approval.
• Fueling of boats other than as provided by the Marina is prohibited. Storage of fuel on the docks is prohibited.
• As of June 1, boats in dry storage that have not secured dockage at Silver Bay Marina for the current season will be assessed additional storage charges. After October 15 boats not wintering in the marina will be treated as transient and charged for the length of stay beyond the normal season.
• Discharge of toilet waste into Marina waters is prohibited.
• Proper use, cleanup and disposal of all boat maintenance products and waste are required. Disposal or discharge of such products onto the land or into the waters of the Marina is prohibited.
• All rigging and halyards shall be secured so as not to disturb other tenants. Marina reserves the right to secure such rigging as necessary and to bill Tenants accordingly.
• Camping within the Marina property is not permitted by Lake County Health Dept. regulations.