AGREEMENT/IMPROVEMENTS SEMINOLE STREET LAUNCHING RAMPS (3)
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AGREEMENT
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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 known 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 boaterG. 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
daily launch fees only and Clearwater Bay Marine is agreeable to
cOllecting said fees on behalf of the City.
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 a period of 60
months beginning December 1, 1992 and ending December 1, 1997. The term
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of the agreement Sh!ll be for a period of fiVel(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 am to sunset each day during each and
every day of the year except Christmas Day, weather permitting. The
City Harbormasters' 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 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.
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F.
Clearwate! Bay Marine, in the operatiJn 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. Clearwater Bay Marine shall be responsible for compliance with
the Americans with Disabilities Act (ADA) when selling launch fees by
installing a buzzer, with sign, which will allow a Clearwater Bay Marine
Ways employee to deal with a disabled person at the entrance to the
"Little Boat House".
H. This agreement may be terminated by either party upon sixty
(60) days written notice.
IN WITNESS 3WHOER~Ol' the
seals this 1? of
have set their hands and
1992.
By:
Attest:0_,;lLo.L ~
CltfCi~k
~d~ and
city Att rney
correctness:
CLEARWATER BAY MARINE WAYS, INC.
By: t&-6-v-- O. 0-v~
P.tle (j:..~ .
Attest:
Title
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CITY Of CLEARWATER
Interdepartl,ent Correspondence Sheet
Clerk .(j)'A~
Harbormaster . ~
FROM:
Cyndie Goudeau, city
william C. Held, Jr.,
TO:
COPIES:
Elizabeth M. Deptula, Assistant city Manager
Clearwater Bay Marine Ways, Inc. Agreement
SUBJECT:
DATE:
November 2, 1992
Attached is a fully executed copy of the Agreement with
Clearwater Bay Marine Ways, Inc.
Please call if you have any questions.