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HomeMy WebLinkAboutConditional Approval for Shellfish Harvest and Moorage Rental Agreement - SHR Letters / Memos - 11/8/2007 North Forty Lodging LLC 22526 S.E.64th Place,Suite 210 i Issaquah,Washington 98027 Telephone:425 369 9290 E C 5' Facsimile:425 369 9008 NOV MCCD - f NORTH 11 FORTY �- November 8, 2007 Ryan Crater Planner Mason County Department of Community Development 411 North 5th Street P.O. Box 279 Shelton, WA 98584 Re: Hood Canal Marina, Union,WA Dear Ryan: As per the final decision by the Mason County Hearing Examiner dated September 25, 2007 for our dock float, we were to work out an operating plan with State of Washington's Department of Health for the Hood Canal Marina("Marina"). This operating plan for the Marina was to ensure that we "do not increase marina usage to any level of intensity that results in additional closures of adjoining shellfish beds." In meet this requirement, we asked Mark Toy at the Department of Health to put in writing the conditions under which we would need to operate the Marina to ensure that the Marina would not cause closure of the nearby shellfish beds to oyster harvesting. A copy of Mark Toy's letter of November 5, 2007 is attached to this letter. Our Operating Plan has been put together to meet the attached requirements of the Department of Health. Operating Plan for Maintaining Water Quality Purpose: The purpose of this operating plan is to maintain and hopefully improve water quality in and around the waters at the Hood Canal Marina. By implementing this plan and operating the marina according to best practices standards, it is our hope that the Hood Canal Marina and Shellfish growers can work together towards the common goal of water quality. As directed by the Washington State Department of Health, in order for the oyster harvest area to keep it's conditionally approved status, there can be no more than 10 vessels moored at the Hood Canal Marina that have an installed Marine Sanitation Device ("MSD") during the oyster harvest season of December 1 through April 30. As a result of this directive the Marina has implemented the following plan: 1. We revised our Moorage Agreement (attached)that will identify which vessels at the Marina have an installed MSD. 2. In the Moorage Agreement,we reserve the right to inspect the operation of the MSD. We could monitor possible discharge by requiring the use of dye tablets in holding tanks. Letter to Ryan Crater Page 2 3. We will install multiple high quality pump out stations on the proposed dock floats to insure convenient access, therefore encouraging use. 4. We will create a routine pump out schedule for the landside holding tank for boat sewer,by a licensed operator of a septic pumper truck. If you have any questions or need additional information,please contact me at my office number of(425) 369-9290 or my cell number(425) 890-5005. Very truly yours, f3rian McGinnis President Attachments 1. Letter from Mark Toy—Department of Health - dated November 5, 2007 2. Hood Canal Marina—Moorage Rental Agreement cc: Cindy Sund, Manager, Hood Canal Marina O� 4 7 �l v 1899 aJ STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF SHELLFISH AND WATER PROTECTION PO Box 47824 • Olympia,Washington 98504-7824 (360)236-3330 • TDD Relay Service: 1-800-833-6388 November 5, 2007 Brian Mc Ginnis, President North Forty Lodging LLC /North Forty Transportation LLC (dba "Hood Canal Marina") 22526 Southeast 64th Place, Suite 210 Issaquah, Washington 98027 Dear Mr. McGinnis: This is written in response to your request to clarify the conditional approval for shellfish harvest in the area adjacent to the Hood Canal Marina and to assist Mason County DCD in fashioning their conditions to the building permit issued for Hood Canal Marina. .. Hood Canal Marina is what is termed by P the Dept. of Health as a Y PP"Conditionally Approved" " shellfish growing area. 2. The nearby shellfish beds,which are operated by 2 licensees, are allowed to harvest shellfish from December 1 through April 30. The tidelands located next to the Hood Canal Marina are closed for shellfish harvesting from May I through November 30. 4. The size of the prohibited area during the closed period is based on a marina of 30 boat slips with a pump-out facility. The current seasonally closed area extends from approximately 960 feet west of the Hood Canal Marina to the eastern edge of 4983 E. Hwy 106. 5. in order to keep its conditionally approved status, the Hood Canal Marina must maintain less than 10 watercraft(barge, houseboat, or boat)moored on the dock that can produce a . discharge from an installed marine sanitation device during the oyster harvesting season of December 1 through April 30. 6. While the marina is limited to less than 10 boats with capacity to discharge from an installed marine sanitation device during the shellfish harvesting season, there is no seasonal restriction to operating the fuel dock. Please contact me at (360) 236-3321 if you have any questions. Sincerely, Mark Toy Environmental Engineer cc: Ryan Crater, Mason County DCD HOOD CANAL MARINA MOORAGE RENTAL AGREEMENT TENANT INFORMATION Tenant Boat Length Boat License No. Does the Boat have an installed onboard head,otherwise Boat Make/Model known as a Marine Sanitation Device("MSD")? BASIC TERMS Type of Moorage: Wet Moorage Dry Storage Starting Rental Date: Ending Rental Date: Rent: Electric Charge: Additional Charges: Monthly Total Due: AGREEMENT The parties hereby agree as follows: 1. Lease. Hood Canal Marina ("Landlord"), hereby leases to Tenant the Moorage Space set forth above (the "Space") at the Hood Canal Marina, located at E 5101 Hwy 106, Union, Washington (the "Marina"), under the term and conditions of this Moorage Rental Agreement(this"Agreement"). 2. Term. Tenant shall lease the Space for the term (the "Term") beginning on the Starting Rental Date and terminating on the Ending Rental Date set forth above. Tenant shall remove Tenant's boat described above (the"Boat")from the Space by the Ending Rental Date and return the Space to the Landlord in the same condition as the Space was on the Starting Rental Date. If Tenant does not remove the Boat by the Ending Rental Date, Landlord may remove the Boat from the Space and store the Boat at Tenant's sole cost and expense, and Tenant shall pay an additional penalty fee of fifteen dollars($15.00)for each day the Boat remains at the Space. 3. Rent. Tenant agrees to pay the Rent and any applicable Electric or additional charges set forth above, in advance, to Landlord at Landlord's address set forth below or as otherwise directed by Landlord. Such Rent and any applicable additional charges shall be payable on or before the first day of each month during the Term; provided, however, if the Starting Rental Date does not begin on the first of the month, the Rent and any applicable additional charges shall be adjusted to reflect a daily charge determined by Landlord and such amounts shall be due on or before such Starting Rental Date. If Tenant is more than five (5) days late in paying the Rent, Landlord may charge a penalty fee of fifteen dollars ($15.00) for each day Rent is overdue. If Rent is more than fifteen (15) days overdue, Landlord may padlock or secure the Boat, move the Boat to another location, haul the Boat from the water, or store the Boat at Tenant's sole expense. In addition, Landlord may hold or sell the Boat for satisfaction of any of Tenant's obligations under this Agreement. 4. No Warranty. Tenant acknowledges and agrees that Tenant is leasing the Space"AS IS"and in its present condition, and that Landlord is making no warranty or guarantee of any nature concerning the physical condition of the Space or the Marina. Tenant's initials: 5. Inspection of Marine Sanitation Devices ("MSDs"). Landlord reserves the right to inspect the operation and use of any MSDs, and may require the use of dye tablets in holding tanks to determine that Tenant is not discharging any sanitary facilities in or around the Marina (the "no discharge policy"). Failure to comply with the no discharge policy may result in immediate termination of this Agreement. Tenant shall be liable for all damages and costs incurred by Landlord because of Tenant's failure to comply with the no discharge policy, and Tenant agrees to indemnify Landlord pursuant to Paragraph 4 of the General Terms and Conditions.. Tenant's initials: THIS AGREEMENT IS SUBJECT TO THE GENERAL TERMS AND CONDITIONS STATED ON THE REVERSE SIDE OF THIS AGREEMENT. The parties have executed this Moorage Rental Agreement as of the day of 2007. TENANT LANDLORD Signature Hood Canal Marina Name: By: Address: Name: City St Zip Title: Phone:( ) cell Hood Canal Marina Emergency contact: P.O. Box 305 Union,WA 98592 Phone number: �) M36809-954710 Moorage Rental Agreement- 1 1. Use of Space. Spaces are assigned by Landlord facsimile (with receipt of appropriate confirmation), and may be changed if deemed necessary by (iv)one (1) business day after being deposited with Landlord. Tenant shall use the Space solely for boat an overnight courier service or(v)four(4) days after moorage or storage of the Boat. Any other use is being deposited in the U.S. mail, First Class with subject to Landlord's prior approval, which approval postage prepaid, and addressed to the party at the shall be withheld at Landlord's sole discretion. address provided below such parry's signature to Tenant shall maintain the Space in the same this Agreement or such other address as a party condition as the Space was on the Starting Rental may request by notifying the other in writing. Date, and shall promptly repair any damages 9. Counterparts. This Agreement may be executed in caused by Tenant to the Space. counterparts, each of which shall be enforceable 2. Rules and Regulations. Tenant shall comply with against the parties executing such counterparts, and all rules and regulations promulgated by Landlord, all of which together shall constitute one instrument. as Landlord may amend from time to time, and as 10. Severability. In the event that any provision of this set forth on Exhibit A attached hereto (the"Rules"). Agreement becomes or is declared by a court of 3. Damages. Landlord shall not be responsible for any competent jurisdiction to be illegal, unenforceable, loss, damage, or expenses incurred by Tenant by or void, this Agreement shall continue in full force reason of any such physical condition of the Space and effect without such provision; provided that no or the Marina. If the Space, the Marina, or the Boat such severability shall be effective if it materially are damaged or destroyed by any casualty covered changes the economic benefit of this Agreement to by insurance maintained by Tenant, Tenant shall any party. promptly cause the same to be fully repaired and 11. Governing Law. This Agreement and the rights restored to the condition existing immediately before and obligations of the parties hereunder shall be such damage or destruction. construed in accordance with and governed by the 4. Indemnification. Tenant shall indemnify, defend, law of the State of Washington without giving effect and hold harmless Landlord, its officers, employees, to the conflict of law principles thereof. and agents from and against any and all claims, 12. Dispute Resolution. Tenant and Landlord agree demands, charges, damages, or liabilities, including that, with regard to any dispute under this attorneys' fees, arising out of the acts or omissions Agreement which is not resolved through insurance, of, or use of the Marina by, Tenant or Tenant's they shall first meet face-to-face without attorneys guests, agents, or employees, including without present to attempt to reach a resolution. If the limitation the cost of cleanup or removal of sanitary dispute is not resolved in this meeting, then, upon wastes, hazardous wastes or toxic substances. thirty (30)days notice by either party, the parties Tenant agrees that Landlord shall not be shall meet with a mediator from the Seattle office of responsible for any loss or damages incurred by the Judicial Dispute Resolution Service ("JDRS"), Tenant that are due to fire, theft, pilferage, vandals, again without attorneys present, to attempt to or acts of nature. Tenant shall be responsible for all resolve the dispute. In the event the parties are still damage caused by the Boat or for any personal unable to resolve the dispute in this mediation, the injuries on the Boat. matter shall be resolved by binding arbitration with 5. Insurance. Tenant shall at all times during the attorneys present before a different JDRS arbitrator. Term and at Tenant's sole cost and expense, The said JDRS arbitrator shall be selected either by procure and continue in force a policy of general the mutual agreement of the parties or, if the parties liability insurance, insuring against liability for are unable to agree, by the JDRS rules. The personal injury, property damage, and accidents, arbitration proceedings will be conclusive and not arising out of the use and operation of the Boat, appealable by any party, and any party to any award naming Landlord as additional insured. Tenant shall will be entitled to have judgment entered thereon. In provide to Landlord a certificate of insurance the event of any such arbitration, the arbitrator will reflecting such coverage upon Landlord's request. determine the prevailing party and such party shall 6. Default. If Tenant is in default of any of the terms of be entitled to its attorneys' fees and costs. Each this Agreement, including the Rules, Landlord shall and every meeting, mediation, or arbitration hearing have the right to remove the Boat (or any other boat provided for herein shall take place in Seattle, moored at the Space), padlock or secure the Boat, Washington. move the Boat to another location, haul the Boat 13. Successors and Assigns. Except as otherwise from the water, or store the Boat at Tenant's sole provided herein, the provisions hereof shall inure to expense. Tenant hereby gives Landlord a lien on the benefit of, and be binding upon, the successors, the Boat to secure any obligations of Tenant under assigns, heirs, executors, and administrators of the this Agreement. parties; provided, however, that Tenant may not 7. Termination. This Agreement shall remain in full assign, transfer, sublet, or license this Agreement, force and effect following the Term until Tenant has or permit or loan to any other party any portion of the fully satisfied Tenant's obligations under this Lease Space,without Landlord's prior written approval. to Landlord's satisfaction. Unless otherwise set 14. Entire Agreement; Amendment. This Agreement forth herein, Landlord may terminate this Agreement and the other documents delivered pursuant hereto at any time upon ten (10)days notice to Tenant. constitute the full and entire understanding and 8. Notice. Any notice or other communication required agreement among the parties with regard to the or permitted by this Agreement shall be in writing subjects hereof and thereof. and shall be deemed effectively given the earlier of (i)when received, (ii)when delivered personally, (iii)one (1) business day after being delivered by M36809-954710 Moorage Rental Agreement-2 EXHIBIT A TENANT RULES AND REGULATIONS Tenant shall: 1. For Wet Moorage, securely fasten the Boat at the Space with at least 3/8 inch lines and appropriate fenders. 2. Storage of dangerous or combustible materials, including gasoline, at the Space or on the Boat, should be kept to a minimum. Only reasonable amounts of materials customarily used in the operation or maintenance of the Boat will be allowed so long as such materials are properly stored in appropriate containers. 3. Not store an materials on the docks y c s and walkways. 4. Strictly observe posted hours. 5. Not conduct any charter, rental, repair, or any other commercial activity in or from the Space without the prior written approval of Landlord. 6. Keep the Space clean and free of debris and not place any debris on the Marina, including storage areas and parking lots. 7. Make no modifications or installations of any nature inside or outside the Space. 8. Not detonate any explosives, including fireworks, at the Marina. 9. Promptly report any defects or repairs needed at the Space to Landlord. 10. Require all children under the age of sixteen (16) to wear life jackets and be supervised by an adult while at the Marina. 11. Keep pets on a leash or under control while at the Marina. 12. Not unduly interfere with or obstruct access to adjacent moorage space. 13. Not store Tenant's boat trailer, vehicle,or any other personal belongings at the Marina without prior consent from the Landlord, nor hold Landlord liable for any theft or damage to such trailer,vehicle, or belongings. 14. Be responsible for the compliance of Tenant's guests,employees,or invitees with these Rules. 15. Not engage in any disorderly conduct at the Marina. 16. Not discharge sanitary facilities, nor dispose of any refuse or other trash, in or around the Marina. 17. Not use the moorage area for repairing, overhauling, spray-painting, or welding any boat or equipment, except for customary and routine maintenance. 18. Comply with any and all applicable rules, regulations, laws, ordinances, or directives now or hereinafter in effect, including those related to industrial hygiene, environmental protection, and hazardous waste. 19. Not use the Space for any boat other than the Boat described in the Tenant's Moorage Rental Agreement without the prior written approval of Landlord. 20. Not live aboard the Boat or stay overnight on the Boat or at the Marina,without prior consent from the landlord. M36809-954710 Moorage Rental Agreement-3 L Q P� Q oe