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9.d) Request of Earl Poyerd, 19166 Larkspur, to Permit Dock on Big Marine Lake • Meeting Date: 8/28/2007 Agenda Item: � �� City Council Agenda Repor# City of Scandia 14727 209�' St. North Scandia, MN 55073 (651)433-2274 Action Requested: Eazl Poyerd, 19166 Larkspur,has asked to address the City Council on his proposal to permit the installation of a dock on Big Marine Lake at 192°a Street N. Deadline/Timeline: N/A Background: • Mr. Poyerd initially approached the City Council about his proposal to form a neighborhood association for the purpose of installing and maintaining a dock for the exclusive use of neighborhood residents at the August 28,2006 meeting. The proposed location for the dock is city road right-of-way, an area approximately 102 feet wide by 110 feet. � Council felt that this was an idea worth exploring,but additional information needs to be gathered, such as DNR and Watershed requirements and neighborhood input. Mr. Poyerd was advised to research this proposal further and return with additional information. � He organized a neighborhood meeting in November of 2006, and wishes to report the results of that meeting and his fiuther research to the Council. • Following the August City Council Meeting,the City received the attached letter from the Carnelian-Marine-St. Croix Watershed District opposing the dock access. Recommendation: Staff recommends that the Council hear the information and give your feedback. You may wish to consider any past precedents, and what precedent might be set by this proposal for other similar locations if the proposal is to continue forward. Attachments/ • Location Map Materials provided: . Letter from Doug Smith and Earl Poyerd,July 17, 2007 • Excerpt of Minutes,August 28,2007 City Council Meeting • Letter from CMSCWD, September 14, 2007 • Letter to Neighborhood Residents,November 4, 2007 Contact(s): Earl Poyerd, 651 426-1082/651 433-4711 Prepared by: Anne Hurlburt,Administrator (poyerd request 2) Page 1 of 1 02/14/08 \�,� . _ ,� �� � 4rg . ��: °� � .:...4 Y.� t�f0/ .�` ) py p J ��, '�'o,. � ' ;, j , � �`ji _, °�`u,cr, �ti�),� ;l�'.ii��� '•i: S a � F, .,.�' ::� \G,�41' e a � 8 y�� �i�l)O?} � `'' . � , , 387.6 ( �o�c�� � — —' � 350.67 159.53 '� � N�TM U — ! � I �y � ��.< I � h TRACTA � (�1Q4Q� �. �g a�� z:qs � 16 1 .� i� (0^u.3fi1 o a � �OQf� � ��. �J?� �' � k'� � 15 h/ �� ii��S;�J ' I TRACTC 8' � � '� / � `-./O`;�r.. �,d�15� � .• s �'— — g (l)04°) + �s � '� j��' �4 , ?As.>; n;� .»\ �� � _ °' (UCl I� tr�'y ���� ��o U�?�� cj E a� 14 b 13 ?�°z �",. � y f L���� (Q�.y3)� ss �Q`�l�j � y o �, / ;� � � �I� 'V � 13 h 12 � <,�� *� 's / �, (0 �4)� / 'C)03�j c (.0(}��) � �' .sfl.00 — --� i55g� � C� �� ��; '� yb.'' � 6g*; , 12 11 <y,e ,, ,�, " rao.���; Q (oc;�} � / ..�,,/ '° � � e �� � / s (oaio) ` `�6s5 ^ '� I I� TRACT E ((i�1 z!i� �„ z„ � (��c5�) � �3, �� � s � `� � � 46 � ���G�i ��?S y4, � � a to = b° � � e � �,'' � (0029? 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Z �^ � _ i° a° 3 ` A �.� �, � �� •`' a 1 J � �'' � �� f � ��� � s �� ° ' � ✓ .� � a is s � n �, 'r /� � � �' ��'v 18 �� 1e L 13 � 8 O�j . 1 �' 1 a �s �< s u �r�+ a � ., �� � B �,. � �.. . � I July 17, 2007 Scandia Township Board Initial Proposal of Concept By Doug Smith and Earl Poyerd Introduction There is interest from neighbors on Larkspur Street by Big Marine Lake to form a neighborhood association with the purpose of owning and maintaining a dock to serve the needs of the local neighborhood for swimming and fishing and maintaining a family friendly safe environment. History of the Property The original intent of the landowner that donated the land that is now an unmarked public access to Big Marine Lake was to dedicate the access for the use of the property owners that purchased land on Larkspur Street. (See Exhibit A) Property owners in the area were informed of this intent when they purchased their lots. Now that the land is under the jurisdiction of the township some of the landowners would like to see if there is a way that this original intent for use by the neighborhood can be realized with the approval and support of the township. The Proposal Interested neighbors on Larkspur would form a community association that would purchase a dock for use by the neighborhood. The association would be responsible for purchasing the proper liability insurances, for meeting any DNR requirements for the docks, for seasonal installation and removal of the docks, and for maintenance and upkeep of the docks. The association would look to the Scandia Township Board for clarity on either a land use or purchase agreement that could be structured to meet their approval. Steps Involved 1 ) Assess initial feedback on viability from the Township 2) Assess the extent of neighborhood interest by surveying those living in the area. 3) Form the community association. 4) Complete the Agreement with the township. 5) Purchase and install docks. List of Properties Involved in Neighborhood See Appendix B Overview of Site See Appendix C Thank you for your interest. Respectfully, Douglas W. Smith Earl Poyerd August 28, 2007 Scandia City Council Page 4 Approving Title and Summary of the City of Scandia Mining and Related Activities Ordinance.The motion passed unanimously. RESOLUTION 08-28-07-02 : ALLEN AND PENNY LEPINSHI VARIANCE At the close of the public hearing on August 7 ,the Planning Commission recommended that the council approve variances to allow construction of a new single family home for Allen and Penny Lepinski on property located at 12614 182"d Street North. The Council preliminarily accepted their recommendation and directed staff to prepare a resolution incorporating findings and conditions of approval. Dale Hebeisen, of Hult Surveying, was present to report that a full topographical survey of the property has been completed,as has a tree inventory and soil borings which indicate that the soil is conducive to installation of a pervious paver system for the driveway. In regazds to Condition #4 of the draft resolution,Mr. Hebeisen noted that the two oak trees which were identified to have no disturbance of grade within five feet,have a slim chance of survival once the driveway is in place. It was suggested to strike the"saving of the two oak trees"and replace it with a statement requiring a landscape plan be submitted showing any tree removal and a tree replacement plan as regulated by 5ecrion 9.11 of the Zoning Ordinance. Dolores Peterson, seconded by Pete Crum,moved to adopt draft Resolution 0&28-07-02 Approving Variance Request for 12614 182°a Street,with a change to Condition#4 wluch strikes the saving of the two oak trees and requires that a tree inventory and tree replacement plan be submitted.The motion passed unanimously. EARL POYERD—REOUEST TO PERNIIT A DOCK ON BIG MARING LAKE Earl Poyerd, 19166 Larkspur,was present to discuss with council a proposal to permit the installation of a dock on Big Marine Lake at 192°d Street. The proposed location for the dock is on city road right-of-way, approximately 102 feet wide by 110 feet. Mr. Poyerd would like to form a neighborhood association to fund the project and assume the installation and maintenance of the dock for use by neighborhood residents. Council felt that this was an idea worth exploring, but additional information needs to be gathered, such as DNR and Watershed requirements and neighborhood input. Mr. Poyerd was advised to research this proposal further and retum with additional information. Dolores Peterson, seconded by Pete Crum, moved to adjourn the meeting.The meeting adjourned at 8:30 p.m. Respectfully submitted, Brenda Eklund City of Scandia Deputy Clerk Carnelian-Marine-St Croix Watershecl District Seandla Plaza II,21150 Ozark Ave.P.O. Box 188,Scandia,MN 55073 September 14, 2007 RECEIVED Anne Hurlburt, Administrator City of New Scandia SEP 18 2U07 15727 209`" Street No. P.O. Box 128 CITY OF SCANDIA Scandia, Minnesota, 55073 Re: CMSCWD Comments on Proposed Use of Scandia Undeveloped Road Right of Ways for Private Docks and Lake Access Big Marine Lake Subwatershed Management Area Dear Ms. Hurlburt: At the September 10, 2007, Manager Kronmiller brought to the Boards attention the above referenced proposal to Scandia to make use of the Scandia's existing undeveloped road right-of- ways to place private docks on and access Big Marine Lake and the Councils desire for Watershed District input on the subject. The consensus of the District Managers was that the private docks should not be allowed on these small 35-ft wide lots due to the resulting adverse environmental impact to the lake through loss of shoreland buffer and near shore emergent vegetation. The Managers recommend that these lots be placed in conservation easements, evaluated for buffer restoration needs and stormwater treatment potential, and restored where needed. The District would be interested in working with the City on such a project. It was also noted that one of the purposes of the new Big Marine Park Reserve(currently under construction) was to provide additional general public lake access. Please feel free to contact me at(651) 770-8448 if you have any questions on this comment letter. incerely, _._ . � Daniel A. Fabian, P.E. CMSCWD Engineer cc: CMSCWD Board of Managers Richard Thompson/Berry Farrington, TKDA (Scandia Planner) Managers John Bower Richard Caldecott Victoria Dupre Steve Kronmiller James Shaver Frederick Markwardt Douglas Pratt � v � � , +� 1� s �� , �� s 6� r • REC ED � � s : NOv —a 2007 8 � ��� �� � �� ��� CITY OF SCANDIA r /� � / ' � �V lJ �(�!G�. November 4, 2007 � ���rr�� . Dear Neighbor, ���f � This past summer a few of us on Larkspur began sharing ideas on how to improve the a Ya neighborhood. One of our ideas is to establish a dock at the lake access near the end of Larkspur that could be used by local residents for fishing, swimming and boating. In order to do this a neighborhood community association would need to be established and � s� � we would need to receive permission to use the site from the Scandia Cify Council. � In September, Doug Smith and Earl Poyerd brought the idea for consideration before the � Scandia City Council. VVe talked about the potential of forming a neighborhood � association, establishing a dock with slips for boats and taking responsibility for � maintaining the grounds by the lake access. `� � T'he Scandia City Council requested that we check with those living in the neighborhood �� to assess the level of interest in the idea. We were given permission to take the next step s in preparing a proposal for consideration at a subsequent council meeting. R.d �' � Since September we have checked into various aspects that relate to developing a p�+ � � proposal. They are as follows: I. Developing a Neighborhood Association � ✓ We found that the type of association needed is a non-profit that would purchase the dock � and slips, maintain the grounds and dock area and cariy liability insurance. The � membership of the association once it is fornied would be open to interested neighbors to join for a fee based on the expenses needed to support the goals of the association. � Policies of the association would need to be developed with a legal counsel should tlie Scandia CiTy Council give a tentative approval to the project concept. II. Projected Expenses of the Association � 4 � The rough estimate of expenses to begin an association are projected as follows: / / v� 1. Liability Insurance$300 per year. � i $, 2. Dock purchase $5,000 to$15,000 depending on ma.terial for the basic T, slips 6� would be extra. � 3. Dock set up and removal costs $600 each time. 4. Maintenance of dock and grounds$1,200 per year. 5. Signage $1,000. 6. Legal Expenses $1,000 y• �� � � :� y a e s �� 8 s t �\r* 6 y . �r6� s � / ��►�'. _ r� �a -• ��` / r � � � � \ , � ��S''` \g • 11 $ � ' � S � 9 6 S $ � 7 � If you have an interest in this idea, whether pro or con please let us know. If enough in the area are interested in the idea, then the yearly costs may end up being reasona.ble enough for those that wish to join.All neighbors tha.t live or own property in the Bliss � .� Addition North area on or near Lazkspur are invited to attend a meeting to discuss this proposal. s Dock Meeting � � . � Date: Monday 1�Tovember 12, 2007 � Time: 7:00 P.M. . � � Location: Doug & Elaine Smith's Cottage � 19235 Larkspur Ave. N. �� New Scandia Township, MN 55407 s R�1 Please RSVP if you are able to come to the meeting, or give us your feedback on the ; � � enclosed post cazd or give us a call. � �' � � Best regards, H ✓ �� Doug Smith . .' 651-325-2384W � Earl Poyerd , 651-426-1082W � 4 a a � 7 Q t � 6� �/i S' V \ S y J ��r��� s � ,t �}1�� s � � ;Z`S�F .21i�.�? �i ,if, a . �� . / � ° � a) DRAFT Prepared by Earl Poyerd and Doug Smith for Review and Discussion Purposes only. January 7, 2008. Articles of Incorporation Of Holiday Beach Association The undersigned, a natural person of full age, for the purpose of organizing a corporation under and pursuant to the provisions of Minnesota Statutes, Chapter 317A, known as the Minnesota Nonprofit Corporation Act, and laws amendatory thereof and supplementary thereto (herein the "Act"), does hereby adopt the following Articles of Incorporation. Article I Name The name of the corporation shall be "The Holiday Beach Neighborhood Association" ( herinafter called the "Association"). Article II Registered Office The location of the registered office of this Association in Minnesota shall be: c/o Douglas W. Smith, 19235 Larkspur Avenue North,New Scandia Township, Minnesota, 55047. ( Or Legal Counsel Office) Article III Duration The Duration of this Association shall be perpetual. Article IV Purposes And Powers Of The Association The Association is formed for any lawful purpose allowed under the Act. Article V Membership The Members of this Association, and the conditions and terms of inembership shall be provided for in the Bylaws. Article VI Incornorator The name and address of the incorporator are: Name Address Douglas W. Smith, 19235 Larkspur Avenue North New Scandia Township, Minnesota, 55047 ( Or Legal Counsel Office) IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Minnesota, I, the undersigned, constituting the incorporator of the nonprofit corporation, have executed these Articles of Incorporation this Day of February, 2008. The Holiday Beach Neighborhood Association By Laws February 2008 Draft for discussion purposes. The Bylaws of the Holiday Beach Neighborhood Association were duly adopted as of , , 2008. The following are the Bylaws of the The Holiday Beach Neighborhood Association. Section 1 General 1.1 Formation. The Association was incorporated under Minne. Stat. Chap. 317A on , , 2008. The association was and is organized for the purpose of constructing, managing, maintaining, operating, repairing and controlling the use of The Holiday Beach Docks on the Big Marine Lake access at , , MN 55047. The location is generally shown on the map attached as Exhibit A. 1.2 Easements. The Holiday Beach Neighborhood Dock was constructed and exists by virtue of previously granted private easements and by periodically renewed leases/permits/licenses from City of Scandia. The Association shall hold and own any presently existing (or hereafter obtained) easements, licenses, leases, permits or other rights to use, construct, maintain, manage and operate the Docks from the City of Scandia or private individuals or entities, the federal, state, or county government. All such easements licenses, permits and/or leases are now or hereafter held in the name of any one Member, such member shall be deemed to be holding such license, easement, permit or lease in lxust on behalf of and for the benefit of the Association and its other Members. 1.3 Private Dock The slips used for boat docking on The Holiday Beach Neighborhood Dock is and shall be at all times be maintained and kept as a private dock for use by present and future members of this association, their family, guests and invitees. The Association shall diligently take such actions as are necessary to appropriate or prevent unauthorized use of the slips used for boat docking on the Holiday Beach Neighborhood Dock. Any person using or attempting to use the respective slips who is not a Member, a relative or family of a Member, or who is not a guest, contractor or other invitee of a Member shall be deemed to be a trespasser theron and may be excluded in any lawful manner. Each Member of the Association is authorized and empowered to take any lawful actions, including the involvement of law enforcement personnel, to exclude or remove such trespassers from the slips of the Holiday Beach Neighborhood Dock or to prevent such trespassers from using the Holiday Beach Neighborhood Dock. � The neighbors in the Holiday Beach Neighborhood, whether Members or not, will be able to access the Holiday Beach Neighborhood Dock for fishing off of the Dock. The Holiday Beach Neighborhood Dock will have one slip available for use by neighbors and friends that are boating on Big Marine Lake to use while stopping to visit by boat in the neighborhood. The Holiday Beach Neighborhood Dock is not open to the general public. The Association may erect and maintain a sign at the beginning of the Holiday Beach Neighborhood Dock indicating that it is a private Dock maintained by the Association and warning trespassers. The Association may also maintain signs designating the slips available for members and the slip available for docking by visiting neighbors. 1.4 No Commercial Use The Holiday Beach Neighborhood Dock is a private dock. It was created and has been maintained, solely to provide access to the lake for the Holiday Beach Neighborhood. The Holiday Beach Neighborhood Dock was not intended for commercial activities. A "Commercial Use" will include marina, store, gas, bait, youth camp, campground, RV Park, canoe outfitter, tour service, public boat landing, or guide services. Section 2 2.1 Owners of Dock. The term"Owner" shall mean any individual person, a corporation, a partnership, or any other legal entity which either either owns or uses slip on the Holiday Beach Neighborhood Dock for a period of one year. All Owners are required to become members of the Association. 2.2 Registration of Owners As of the date hereof, all owners are Members. All current Members as of the date of the adoption of these bylaws are listed on Exhibit B. Each new Owner shall become a Member and shall register with the Secretary of the Association, in writing by providing the Secretary with the name and address of the Owners, and the address at which the Owner desires to receive notice of any meeting of the Members. Each Member shall have a continuing obligation to advise the Association in writing of any changes in the information on Exhibit B. The Secretary will maintain a current registration of Members by periodically updating the same to include any new Members, and the Secretary will enforce the terms of Section 7.1 hereof payment of Initial Membership Fee) against any new owners/Members. 2.3 Membership to the Association is open to interested neighbors living in the Holiday Beach area of Larkspur Avenue. Voting members are those Members that own a slip. The Association will maintain up to 20 boat slips. Slips unused by neighbors may be made available to other interested people. Once an owner joins the Association the owner will be able to renew their ownership whether or not they are living in the Holiday Beach neighborhood. Section 3 Voting 3.1 Entitlement One (1) vote shall be allocated to each slip regardless of the Members/Owners thereof: and each of the Owners/Members as to a particular slip shall agree among themselves as to the vote to be cast on behalf of such slip. If such Owners/Members with respect to one slip cannot mutually agree upon the vote to be cast, then no vote shall be counted with respect to that slip. 3.2 Voting by Proxy. A Member may cast the vote which is allocated to the Member's Parcel and be counted as present at any meeting of the Member by executing a written proxy naming another Member entitled to act on that Member's behalf, and delivering the same to the Secretary before the commencement of any such meeting. 3.3 Voting by Mail Ballot The Vote on any issue may be determined by mailed ballots, subject to the following requirements: a. The notice of the vote shall: (i) clearly state the proposed action;; (ii) indicate the number of responses needed to meet the quorum requirements; (iii) state the percentage of approvals necessary to approve each matter; (iv) specify the time by which a ballot must be received by the Association in order to be counted. b. The ballot shall: (i) set forth each proposed action; and (ii) provide an opportunity to vote for or against each proposed action. c. The Secretary shall set the time for the return of ballots, which shall not be less that 15, nor more than 90, days after the date of mailing of the ballots to the Owners. The Secretary shall provide notice of the results of the vote to the Owners within thirty (30) days after the expiration of the voting period. d. Approval by written ballot under this Section is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. 3.4 Vote Required. A majority of the votes cast at any properly constituted meeting of the members. Or cast by mail in accordance with Section 3.3, shall decide all matters properly brought before the Members, except where a different vote is specifically required by these Bylaws. The term "majority" as used herein shall mean in excess of fifty percent (50%) of the votes cast at a meeting, in person or by proxy, or voting by mail. Cumulative voting shall not be permitted. 3.5 Non-voting Members are invited to attend meetings and provide their input but are not able to cast a vote. Section 4 Meeting Of Members 4.1 Place All meetings of the Members shall be held at a place reasonably accessible as may be designated by the Secretary in any notice of the Members. 4.2 Annual Meetings. An annual meeting of the Members shall be held on a date, and at a reasonable time and place, designated by the Secretary. At each annual meeting of the Members: (i) a report shall be made to the Members on the activities and financial condition of the Association; and (ii) any other matter which is included in the notice of the annual meeting, and is a proper subject for discussion or decision by Members, shall be considered and acted upon at the meeting. 4.3 Special Meetings Special meetings of the Members may be called by the President as a matter of discretion. Special meetings of the Members shall be called by the President of secretary within thirty (30) days following receipt of the written request of Members entitled to cast at least five (5) votes of the Association. The meeting shall be held within ninety (90) days following receipt of the request. The request shall state the purpose of the meeting, and the business transacted at the special meeting shall be confined to the purposes stated in the notice. The purpose for which the meeting is requested and held must be lawful and consistent with the Association's purposes. 4.4 Notice of Meetings At least 30 days in advance of any annual meeting of the Members, and at least 10 days in advance of any special meeting of the Members, the Secretary shall send, to all Members as of the date of sending the notice, notice of the time, place, and agenda of the meeting, by United States mail, or to such other addresses as the Member may have designated in writing to the Secretary. 4.5 Quorum The presence of Members in person, by mail-in ballot, or by proxy, who have the authority to cast five (5) or more of the votes in the Association shall be necessary to constitute a quorum at all meetings of the Members for the transaction of any business. Section 5 Board of Directors To the extent required by law, the affairs of the Association shall be deemed governed by a Board of Directors, which shall be composed of all Members; each Member shall also be a director. All actions taken by the Members of the Association shall be deemed to be the actions of the Board of Directors of the Association, whether or not specifically designated as such. Section 6 Officers 6.1 Principal Officers. The principal officers of the Association shall be a President, one or more Vice Presidents, a Secretary and a Treasurer, all of whom shall be elected by the Members. A person may hold more than one office simultaneously. 6.2 Election. The officers of the Association shall be elected annually by the members at the annual meeting and shall hold office at the pleasure of the Board. 6.3 President. The President shall be the chief executive officer of the Association, and shall preside at all meetings of the Association. 6.4 Secretary. The Secretary shall be responsible for recording the minutes of all meetings of the Association, and shall give all notices required. 6.5 Treasurer. The Treasurer shall have responsibility for the financial assets of the Association. The Treasurer shall be responsible for keeping the Association's financial books, assessment rolls and accounts. Section 7 Operation of the Holiday Beach Neighborhood Association 7.1 Initial Administrative Fee An Initial Administrative Fee for all Owners of a slip who become Members is set at $xxx.xx. Each of the Members listed on Exhibit B attached has previously paid, in full, the Initial Membership Fee. Payment of the Initial Administrative Fee will be the condition to the Owner of a new slip becoming a Member of the Association. Until the Owner of a new slip has paid the Initial Administrative Fee in full, the Owner is not a Member of the Association, and such Owner and his or her guests may not use the Holiday Beach Neighborhood Association Dock slips. If an Owner of a new slip fails to pay the Initial Administrative Fee, then, the remedies under Section 7.7 may be pursued. 7.2 Dock Maintenance. A Dock Maintenance Committee will be made up of up to three Members who volunteer or are appointed at the annual meeting. The Dock Committee will hire or contract for necessary routine maintenance such as seasonal installation and removal of the dock sand upkeep of the grounds as needed. Major maintenance or repair work such as replacing portions of the Dock must be approved by the Members, as provided in these Bylaws. � If any Member, or any contractor, agent, employee or guest of any Member acting on such Member's behalf, should cause any damage to the dock, grounds or equipment such Member will be responsible, at their sole cost and expense, to repair and restore the Dock and it grounds or equipment to its condition prior to such damage. If such an obligation would be covered by applicable insurance, then to the extent of such insurance coverage, the Association agrees to indemnify, defend and hold harmless any Member from and against any claims, lawsuits, actions or proceeding initiated by a third party against such Member based upon such Member's repair, maintenance or other work on the Dock and grounds. 7.3 Annual Assessment a. The annual assessment payable by the voting Members is currently $xxx.xx per slip, payable on or before May 1 of each year. The Members shall, annually, determine the reasonably anticipated expenses to be incurred by the Association for the following year, and, taking into account any additional cash in the Association's bank accounts or other available sources of funding, the Members shall determine an amount of each annual assessment. In determining the amount of each annual assessment, a budget shall be prepared to include reasonable estimates for dock installation, removal, maintenance, grounds upkeep, signage etc. Once determined, said annual assessment shall deem to have levied against each of the Members and the Members shall each be promptly advised of the amount of such assessment, which shall be payable on or before May 1 following such determination. In addition to the foregoing, the annual expenses will include premiums for liability insurance covering the association and the Members, in such amounts and with such coverage as the members approve. b. If an annual assessment proves to insufficient, the voting Members may amend the budget and levy an additional assessment, at any time. The levy shall occur upon the date specified in the resolution which fixes the assessment. c. The Association shall furnish copies of each budget on which the assessment is based to a Member upon request. d. The annual fee for non-voting members is $xx.xx payable on or before May 1 of each year. 7.4 Special Assessments. When a major dock maintenance of repair becomes necessary and treasury funds are deemed insufficient, voting Members may be assessed an amount in addition to the annual assessment. The special assessment and the amount must be approved at an annual or special meeting of the Members. Special assessments may be assessed only for purposes providing funds for maintenance and repairs deemed to be necessary to the Dock and grounds. No creditor of the Association may require, obligate or compel the Association to assess or collect special or annual assessments from Members. 7.5 Payment of Assessments. Annual assessments shall be due and payable by May 1 of each year. Special assessments shall be due and payable by members voting to approve such special assessment, which shall be not less than thirly (30) days after notice thereof to the Members. The Initial Membership Fee shall be payable immediately upon an Owner of a new slip beginning to use the Holiday Beach Neighborhood Dock. Members of this Association agree to pay the annual assessments and any special assessments. 7.6 Default in Payment of Assessments If any Member does not pay any assessment by the date due, after written notice from the Secretary and subject to such grace periods as may be established (which in no event will be less than ninety days after written notice), then the Association may in addition to all other rights and remedies available, take any one or more of the following actions with respect to the delinquent Member: a. Charge interest thereon at the rate of eight percent(8%) per annum from the date due until the date paid in full. b. Initiate legal action against the delinquent Member to recover all unpaid assessments, together with any interest charges, attorneys fees or expenses relating to the collection thereof. c. Suspend the rights of the defaulting Member(and the family members and guests thereo� from: (i) voting on all Association matters; and/or (ii) using the Holiday Beach Neighborhood Dock in any manner, until the delinquent amounts have been paid. Such suspension of rights may be enforced in any lawful manner. 7.7 Remedies. In view of the purposes of these Bylaaws, the Association and the members shall have the right, in addition to any other remedies available, to apply foor and receive from any court of competent jurisdiction, equitable relief against any Owner, Member, or third party by way of(i) restraining order, injunction, or otherwise, prohibitory, or mandatory, to prevent a breach of the terms hereof or to prevent the unauthorized use of the Holiday Beach Neighborhood Dock; (ii) specific performance to enforce performance of the terms hereof; or(iii) reimbursement for costs incurred in securing any such relief, including reasonable attorneys fees. However, such right of equitable relief and remedies provided above shall not be construed to be in lieu of the right to seek any other available remedy at law. 7.8 Release. Neither the Association, nor its officers, nor any of its Members assumes any obligations or liabilities with respect to the design, layout, construction ,maintenance or repair of the The Holiday Beach Neighborhood Dock. Each Member of the Association, and their family members, guests, invitees or other such persons using the The Holiday Beach Neighborhood Dock will, by virtue of and in consideration for such use, absolutely and unconditionally be deemed to have assumed all risks of personal injury, property damage, or economic loss arising from the use of the Holiday Beach Neighborhood Dock. In addition, in consideration of the use of the Holiday Beach Neighborhood Dock, each Member of the Association, their family members and guests using the The Holiday Beach Neighborhood Dock will be deemed to have released the Association and each and every one of its Members of and from any and all claims, causes of action, damages, expenses, injuries and losses of any nature whatsoever arising out of or in any manner related to the use, construction design, maintenance, or repair of the Holiday Beach Neighborhood Dock. 7.9 Waiver of Claims by Subrogation. If a loss or injury occurs which is covered by insurance maintained by the Association, such insurer should be precluded from pursuing any claim against any Member (their family member, guest or invitee) by way of subrogation. Accordingly, the member and the Association hereby release each other from claims, liability or responsibility for any loss or damage to person or property covered by insurance. Section 8 Miscellaneous 8.1 No Corporate Seal. The Association shall have no corporate seal. 8.2 Fiscal Year. The fiscal year of the Association shall be a calendar yeax. 8.3 Members Bound. All present and future Members of the Association shall be bound by the terms hereof. 8.4 Amendment. These bylaws may be amended with the affirmative vote of at least two thirds (2/3) of the total potential votes of all Members of the Association at such time, if the vote is by mail; or by affirmative vote of at least a two-thirds (2/3) of the Members present and voting at any Annual Meeting. 8.5 Dissolution The Association may be dissolved only upon the affirmative vote of at least two-thirds (2/3) of the total potential votes of all Members of the Association at such time. The undersigned hereby certifies that the foregoing accurately reflects the Bylaws were duly adopted by members of the Holiday Beach Neighborhood Association, a non-profit corporation incorporated under the laws of the State of Minnesota. Dated: , President Exhibit A The Holiday Beach neighborhood Association Area Map e ' Exhibit B The Holiday Beach neighborhood Association Members of the Association As of May 1, 2008.