OPERATION OF LITTLE BOAT HOUSE & COLLECTION OF DAILY LAUNCH FEES FOR 5 YEARS TO 11/30/2002
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AGREEMENT
The CITY OF CLEARWATER, a Florida municipality, hereinafter called "City", and
CLEARWATER BAY MARINA, INC., hereinafter called "Clearwater Bay Marina", whose address is 900
North Osceola Avenue, Clearwater, Florida, state the following:
1. The City has improved the area known as the Seminole Street Launching Ramps and, in order to
defray the cost of the improvements and provide funds for future maintenance, will charge a launch fee as
described herein.
2. Clearwater Bay Marina owns 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 Marina desires that the public access be continued.
3. The City is interested in having Clearwater Bay Marina collect daily launch fees only and Clearwater
Bay Marina 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 term of the agreement shall be for a period of five (5) years commencing on December 1, 1997, and
ending on November 30, 2002.
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 Marina 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 Marina 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 Marina or the City.
Clearwater Bay Marine Ways, Inc.
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D. Clearwater Bay Marina 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 Marina 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.
F. Clearwater Bay Marina, 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. Clearwater Bay Marina 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
Marina 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 notice.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this c?2.o...Jl-of
O~ 1997.
Rita Garvey
Mayor-Commissioner
By:
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Michael J. Roberto
City Manager
Approved as to form:
Attest::
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John Carassas
Assistant City Attorney
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CY~df~ .1LA~ -
City Clerk
WITNESS:
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Clearwater Bay Marine Ways, Inc.
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