AGREEMENT/IMPROVEMENTS SEMINOLE STREET LAUNCHING RAMPS (2)
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AGREEMENT
The CITY OF CLEARWATER, a Florida Municipality, hereinafter called
"City", and CLEARWATER BAY MARINE WAYS, INC., hereinafter called "Clearwater
Bay Marine", whose address is 900 Osceola Avenue North, state the following:
1. The City has improved the area ~~own as the Seminole Street
Launching Ramps and, in order to defray the costs of the improvements and
provide funds for future maintenance, will charge a launch fee as described
herein.
2. Clearwater Bay Marine owns certain property adjacent to the
Seminole Street Launching Ramps, whereon it operates a facility known as the
"Little Boat House," which offers bait, tackle, supplies and other services to
boaters. The principal public access to the "Little Boat House" facility is
from the Seminole Street Launching Ramps and Clearwater Bay Marine desires
that the public access be continued.
3.
The City is interested in having Clearwater Bay Marine collect
fees only and Clearwater Bay Marine is agreeable to collecting
be half of the City.
daily launch
said fees on
4. The City desires that a concession facility offering bait and
tackle, boat supplies and similar items, public restrooms and services be
operated on or adjacent to the said Seminole Street Launching Ramps for the
convenience of the public.
NOW, THEREFORE, in consideration of the mutual benefits to be
achieved, the parties agree as follows:
A. The effective date of this agreement shall be December 1, 1987.
The term of the agreement shall be for a period of five (5) years commencing
on the effective date of the agreement.
B. The launch fee shall be that amount established by the City as a
charge for the launching of watercraft, the parking of vehicles and trailers,
or both, at the launch ramp facility. The launch fee may be amended by the
City at the City's option during the term of the agreement.
C. Clearwater Bay Marine shall collect daily launch fees in the
manner specified by the City and shall account for collected fees utilizing
forms provided by the City. Seventy five percent (75%) of all collected fees
shall be remitted to the City on a weekly basis and twenty five percent (25%)
of the collected fees may be retained by Clearwater Bay Marine as a collection
fee. The City will retain 100% of launch fees sold at City locations. All
collection records shall be subject to inspection by the City during the
normal business hours of the City in the offices of Clearwater Bay Marine or
the City.
D. Clearwater Bay Marine shall operate the concession facility and
collect launch fees from 6:00 a.m. to sunset each day during each and every
day of the year except Christmas day, weather permitting. The City
Harbormaster's approval shall be required at any time the concession is not
operated and launch fees are not collected due to adverse weather conditions.
E. Clearwater Bay Marine shall maintain and operate the concession
and restroom facilities in a neat, clean and orderly condition during the term
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of this agreement and to charge no fee for use of the restrooms. The City
agrees not to operate or permit to be operated similar or competitive
concession facilities on the Seminole Street Launching Ramp property during
the term of this agreement.
F. Clearwater Bay Marine, in the operation of its facility, shall
not be deemed to be an agent of the City except for the limited purpose of
collecting the launch fees as provided herein.
G. This agreement may be terminated by either party upon sixty (60)
days written notice.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals thi s J.;;J.~ day of ~ , 1987.
CITY OF CLEARWATER, FLORIDA (Lessor)
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Attest:
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Approved as to form and correctness:
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CLEARWATER BAY MARINE WAYS, INC.
Witnesses:
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