UI Rec Services Use Agreement

TODO: Get the original copy (including appendices) in pdf form and replace this page...

MEMORANDUM OF AGREEMENT

This Agreement is made and entered into this first day of January, 2002, by and between The University of Iowa Department of Recreational Services and The University of Iowa Sailing Club (UISC).

WHEREAS, the parties intend to set forth in this Agreement the terms and conditions by which the UI Sailing Club may use the sailing facilities at the Macbride Nature Recreation Area (MNRA).

NOW, THEREFORE, in consideration of the foregoing and the mutual promises set forth herein, the parties agree as follows:

1. RESPONSIBILITIES OF UISC

   1. UISC will accept responsibility for the operation, maintenance and replacement of its own sailboats and related equipment (with the exception of that owned by Recreational Services), will have use of the tug, and will have access to the University facilities at MNRA. UISC agrees to:

      1. 1. Maintain itself in good standing as a recognized student organization with the Vice President for Student Services;

         2. Accept full financial and oversight responsibility for storage and protection of the boats, parts and equipment it owns including security for such property. UISC will also provide a small boat and outboard motor to be used by UISC (except as noted in Section II) for rescue, towing and other operations in connection with sailing activities;

         3. Maintain its boats and equipment in good condition, and, maintain a supply of minor items and repair equipment in order to make the necessary repairs;

         4. Provide United States Coast Guard approved personal floatation devices to all persons who sail in its boats, and make paddles available to those persons requesting them;

         5. Regulate the use of its boats and the facilities of MNRA by its members and their guests. UISC understands that although boats may be available for use by members of the UISC from April 1 until November 15 if weather is suitable, and weekend sailing may be scheduled during March 1 to April 1 and November 15 to December 1 if weather permits, the numbers of hours the facility will be open to UISC will be limited to those at which a club officer is present. UISC may use the sailing facility only during regularly scheduled hours of operation of the MNRA;

         6. Provide copies of its rules to each of its members, train and test its members on sailing rules and regulations, DNR and UI rules, and keep records of the same, all as provided herein in Appendix A;

         7. Require club officers to be present at facility on weekends when the boats/facility are in use by its members;

         8. Require that during the week, should a club officer or qualified power boat operator not be present, club sail boats may be sailed by members with light weather ratings only if the wind is below 15 miles per hour. If the wind is above 15 miles per hour, only those members who are heavy weather qualified may sail;

         9. Require club officers be trained in CPR within a reasonable time after appointment;

         10. Maintain security of property against unauthorized use, ensure that a record is kept of all keyholders, and keys are not loaned to nonmembers. Locks will be rekeyed at UISC's expense not less than twice per year;

         11. Adhere to The University of Iowa's MNRA rules and policies regarding the MNRA (Appendices B, C, D);

         12. Assume responsibility for providing gas for the tug. In case of needed repairs the MNRA maintenance staff will attempt to repair, but additional parts and labor unable to be provided by MNRA will be paid for by UISC. If the repairs are costly, UISC retains the discretion to decide if repairs are to be done. In the event a new tug is needed, UISC and Recreational Services will negotiate a purchase agreement;

         13. Provide a working telephone at all times for Emergency Use; and,

         14. Split costs with MNRA for a telephone at the Social Center. Bills will be paid by MNRA and UISC will reimburse MNRA each July 1st for one half the bills the previous July 1st-June 30th. UISC and MNRA will be each individually be responsible for the total amount of any long distance calls made. Bills will be available upon request.

2. RESPONSIBILITIES OF MNRA

• 1. MNRA will provide storage facilities and access for use of the sailing fleet and equipment owned by UISC, and

     1. 1. Provide access to the Social Center, storage facilities, dock and other facilities to UISC. A monthly service fee will be determined on a biannual basis with the rate set in January of the second year for the next biannual period. The usage periods are described in Section III;

        2. Maintain the sailing facilities, the University facilities at MNRA and the dock in good condition;

        3. Post in a prominent position at the Social Center, a copy of all UISC rules and rules regarding the use of the MNRA;

        4. Share telephone costs with UISC as stated in Section I above;

        5. Maintain the option of offering rentals of their own boats and storing those boats at the storage facility, and, of operating the rental program out of the Social Center;

        6. Use of the UISC boats and other equipment only if prior written agreement on time of use and rental rate is obtained in advance. MNRA staff will be responsible for any damage or injury that occurs during the time of use;

        7. May use the UISC rescue boat to rescue persons that may have rented boats owned by the Division of Recreational Services; and,

        8. Provide the tug for use by UISC and provide maintenance services on tug. Pursuant to Section I.H. MNRA may accomplish repairs.

3. LIABILITY AND INSURANCE

• • 1. The UISC shall be responsible for damage to its own property and the MNRA sailing facilities and equipment under their care, custody and control. The UISC shall be responsible for any and all liability claims of personal injury or property damage which arise out of their activities and their use of MNRA sailing facilities and equipment.

    2. The University requires the UISC to purchase and maintain a comprehensive liability insurance policy to respond and protect against liability claims arising from their activities. When required, such liability insurance coverage shall have policy limits of no less than $1 million per occurrence. Such insurance shall name as additional insureds: The University of Iowa, the Iowa Board of Regents, and the State of Iowa, and shall provide for 30 days notice of cancellation or nonrenewal. UISC shall provide a current certificate of insurance to The University of Iowa Department of Risk Management and Insurance, 514 Jefferson Building, University of Iowa, Iowa City, IA 52242.

4. MUTUAL OBLIGATIONS

• • 1. UISC will pay an annual service fee for the use of the Social Center, storage facilities, dock and miscellaneous facilities provided by The University of Iowa. This amount will be negotiated on a biannual basis with the rate to be set in January of the second year for the next biannual period. The rate for 2002-2003 is two thousand (2000) dollars (to begin July 1, 2002).

    2. The Business Manager for the Department of Recreational Services shall remove such rents from the UISC Sports Club Account on a monthly basis.

    3. UISC (with the exception noted in Section II) will be the primary occupant of the boat storage facilities from April 1 to November 15.

    4. UISC may exercise its priority as a primary use of the Social Center to reserve exclusive use for scheduled UISC sponsored events. Reservations are made upon application to the Associate Director of Recreational Services (Rob DuBay). In order to exercise this priority, UISC must submit its request for use of the Social Center by March 1st of each year. Any request received after March 1st will be accepted on a first come first served basis. Request for all other users will be considered and confirmed after March 1st. MNRA will be the primary occupant of the Social Center (except storage) from November 15th until April 1st.

    5. Variations in occupancy date of Social Center may be negotiated depending on changes in the academic calendar, weather or other circumstances. In emergency situations, either party may request use of the facilities for a limited period of time.

    6. UISC and MNRA will review this Agreement each January.

    7. MNRA may terminate this Agreement at any time if UISC fails to comply with the terms of this Agreement, all applicable federal, state and local laws, University rules, regulations and policies, all rules and regulations of the UISC.

    8. This Agreement may not be amended, supplemented, assigned or otherwise modified except by an instrument in writing signed by both parties.

5. SUBJECT TO UNIVERSITY OF IOWA LEASE WITH THE UNITED STATES ARMY CORPS OF ENGINEERS.

• • 1. The Parties hereto agree that the rights and obligations hereunder are subject to the provisions of a lease agreement entered into the July 1, 1989 for a term of 25 years between The University of Iowa and the United States Army Corps of Engineers.

    2. It is expressly agreed that this Agreement shall not be effective without the prior approval of the District Engineer of the United States Army Corps of Engineers.

IN WITNESS WHEREOF, the authorized representatives of the parties have executed this Agreement:

_________________________ 

Director, Recreational Services 

______________________________

Commodore, University of Iowa Sailing Club

______________________________

University Business Manager

Appendices:

A. Record of Training

B. Policies on the Use of Macbride Nature Recreation Area

C. Iowa Sailing Club Rules

D. Iowa Code, Chapter 462A, Water Navigation Regulations

E. Membership Form Iowa Sailing Club