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AGREEMENT/IMPROVEMENTS SEMINOLE STREET LAUNCHING RAMPS (2) 11/) ... .I ~ .! " , I 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 Q c. :FZ!jLJ.;~ O~~(c2) 1"/ c.171 I. , t;[.' i .).. ) ~ , ,L> t . ~ ,< I 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) ~.Jr Attest: ~ .../ -?-~ ' 8L-~ cL:.'. -'. - - : ~ kJ.f!A'...__ C y Cler~ ~ ~ ~ ,"_ _: .-: Approved as to form and correctness: /- ' '-1k- CLEARWATER BAY MARINE WAYS, INC. Witnesses: & ~ if~. r