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
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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
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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
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� Since September we have checked into various aspects that relate to developing a p�+ �
� proposal. They are as follows:
I. Developing a Neighborhood Association �
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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 �
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The rough estimate of expenses to begin an association are projected as follows: /
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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
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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
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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. � �'
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Best regards, H
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Doug Smith . .'
651-325-2384W �
Earl Poyerd
, 651-426-1082W
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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.