Instructions:Fill out all information
online then print using your browser's "Print" button. Send
completed application to the Newaygo County Parks and Recreation Department at
the 4684 Evergreen Drive, Newaygo MI 49337.
CHECK
#___________WAS RECEIVED IN THE AMOUNT OF $_________ MADE PAYABLE TO THE NEWAYGO
COUNTY TREASURER.
BOAT SIZE/LENGTH:______________
MC NUMBER:_____________________
EMPLOYEE SIGNATURE:____________________________
Slipholders Initials _______
WATERCRAFT MOORING AGREEMENT
THIS AGREEMENT made and entered into on this _______
day of ________ 2008 , between
the County of Newaygo, acting by and through the Newaygo County Parks and
Recreation Commission, hereinafter called Licensor and ____________________________, hereinafter called
Licensee.
Licensor hereby grants to Licensee the right and privilege to moor
watercraft along the hereinafter described shoreline and water frontage on
Licensor's property. Licensor's property is described as:
HARDY DAM
MARINA, 6619 36TH STREET, WHITE CLOUD, MI 49349
The License is for the mooring of watercraft at
Hardy Dam Marina, which is located in the County of Newaygo, State of Michigan.
The License granted by this Agreement shall commence on May 18,
2007 and terminate on September 30,2007
unless terminated earlier
pursuant to paragraph 3.
This Agreement is terminable upon one (1) day's written or
oral notice by either party hereto.
In full consideration of this privilege, Licensee agrees to
pay Licensor six hundred and fifty dollars and no/100($650.00) payable at the time the Agreement is signed by Licensee.
A signed agreement must be executed and fees paid in full,
prior to occupation of slip.
Improvements to the mooring area may be made by the Licensee at the
expense of the Licensee, but only with the specific, prior written approval of the Parks and
Recreation Commission. Improvements made
shall become Parks and Recreations Commission property.
The Licensee
shall furnish to the Licensor before access is granted to said property a copy
of liability policycovering
all known and unknown hazards (subject to standard exclusions), arising from the
acts or omissions of the Licensee
and guests. Said policy shall be for an amount not less
then $300,000 for each accident for bodily injury and property damage. Said policy shall contain a provision
whereby the policy may not be canceled
except by mailing to the Licensor a
notice of cancellation at least ten (10) days prior to expiration of said
policy.
Licensee acknowledges that he or she enters and uses the facilities,
shoreline or other areas owned, operated, or controlled by Licensor with full knowledge of the conditions of said
property or facilities and assumes sole and entire responsibilities for any loss of life or injuries that may besustained in connection therewith. The Licensor, its agents, boards, commissions, and/or employees shall not be liable for
damage to persons or property suffered by the Licensee covenants and agrees to indemnify and save harmless the Licensor and its agents, boards, commissions, and/or employees from any
claims and demands that any person mayhave to make in any manner arising out of the Licensee's
orguests' use of
the property described above.
No garbage, oil, sludge, refuse, matter, sewage or waste material of any
kind shall be thrown, deposited, or permittedto fall into the water of the mooring area or upon the shore adjacent
thereto. The Licensee agrees to bear all costs incurred in the use of said premises in compliance with theterms hereof.
The equipment and method of mooring watercraft within parkwaters shall be approved by the Commission. Licensee shall secure his
watercraft in such a manner as to avoid fouling oflines and collision.
The Licensee agrees not to cause any damage or nuisance on
the premises and that he or she will bear all costs incurred in the use
or restoration of the premises in compliance with the terms hereof.
This Licensee shall be subject to the rules and regulationsof the Parks and Recreation Commission and the State of Michigan now or thereafter in force relative to licensing andwatercraft operation. Upon failure of the Licensee to comply with any provision or condition therein contained, thisLicense may be terminated at the option of the Commission. In the event of termination of this License for any cause, the Licensee is
not entitled to a refund of any portion of hisLicense payment.
Licensee shall at all times use his best endeavors to moor
watercraft in a proper manner satisfactory to the Licensor.
Licensee shall not
assign his/her rights under this Agreement without the expressed written consent
of the Licensor.
Slipholders Initials _______
The privilege given herein is not exclusive and Licensor reserves the
right at any time to grant other similarprivileges
to use the premises.
The making, execution and delivery of this Agreement by theLicensee have been induced by no representations, statements,warranties, or agreements other than those
herein expressed.This Agreement
embodies the entire understanding of the parties
and there are no further or other agreements or understandings, written or oral, in effect between the parties.
This
instrument may be amended or modified only byan instrument of equal formality signed by the duly authorized
officers of the respective parties.
The Licensee may assign his or her rights in this Agreement, but only
upon the advance written consent of the Parks and Recreation Commission.The
Licensee will remain liable under the
terms of this Agreement through its term, even if the assignment is approved.Before
the assignment may beapproved, the
Assignee must execute this Agreement and fully comply with its provisions, including but not limited to the
insurance provisions.Any approval of the assignment will only pertain to the mooring season involved, and will not
relieve the Assignee of the responsibility of
fulfilling any waiting
list requirements for succeeding mooring seasons.
IN
WITNESS WHEREOF, the Licensor and the Licensee, by and through their duly
authorized officers and representatives, have executed this Agreement as of the
date first written above.