FIVE YEAR MANAGEMENT AGREEMENT
CLEARWATER COMMUNITY SAILING CENTER MANAGEMENT AGREEMENT
~
THIS MANAGEMENT AGREEMENT, entered into this L day of ~I:..".. ,2005
by the City of Clearwater, Florida, as City, and Clearwater Community ailing Association,
Inc., as Manager.
WHEREAS, City owns the real property and improvements consisting of approximately
3,658 square feet and located in Pinellas County, Florida, having an address of 1001 Gulf
Boulevard, CLEARWATER FL 33767, and more particularly described in Exhibit A,
attached and incorporated as a part of this agreement. Such property shall hereinafter be
referred to as the "premises."
WHEREAS, Manager agrees to manage the Clearwater Community Sailing Center under
the terms and conditions described in this management agreement.
1. MANAGEMENT TERM.
The term of this agreement shall be for five (5) years; which term will commence on the 1 st
day of October 2005, and shall continue until midnight on the 30th day of September 2010.
The manager shall have one (1) successive option to extend the term of this agreement for
a period of five (5) years. No such renewal or extension shall be deemed a waiver by City
of any breach or default, which may then exist. The extended term shall be upon the same
conditions and terms, and the rent shall be determined and payable, as provided in this
agreement, except that there shall be no privilege to extend the term beyond the expiration
of the extended term period as herein above specified. The manager shall exercise the
option for an extended term by notifying the City in writing at least one (1) calendar month
prior to the expiration of the then current term. City shall have until the end of each term to
review manager's performance and may deny renewal if manager is in default of any
provision of this agreement. Failure to exercise the option for any period shall nullify the
option for all subsequent periods.
2. RENT
(a) Base rent: Manager agrees to pay the City as rent during the initial term of this
agreement the sum of Thirteen Thousand Two Hundred Dollars ($13,200) annually,
payable in equal monthly installments of One Thousand One Hundred Dollars ($1,100) per
month, and payable in advance at the beginning of each successive monthly rental period.
Also, a consumer price index (CPI) increase will be added to the rent payment on January
1 st of each year of the lease. The increase will be based on the Consumer Price Index for
all Urban Consumers (CPI-U, South Urban area, for the twelve-month period ending
September 30th. In addition, manager shall pay sales tax on all taxable collected payments.
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Manager shall pay rent and any additional rent as hereinafter provided to City at such place
as City may designate in writing, without demand and without counterclaim, deduction or
setoff .
3. SECURITY DEPOSIT.
In addition to the first month's rent of One Thousand One Hundred Dollars ($1,100), which
is due and payable on the first day of the lease, the manager shall pay $100.00 in advance
as a deposit as security for the performance of manager's obligations under this agreement,
including without limitation the surrender of possession of the premises to City as herein
provided. If City applies any part of the deposit to cure any default of manager, manager
shall on demand deposit with City the amount so applied so that City shall have the full
deposit on hand at all times during the term of this agreement.
4. LINE OF CREDIT.
City agrees to provide to manager a line of credit up to $50,000, which City at its sole
discretion may authorize. Such line of credit shall only be used by manager to pay salaries
for authorized employees and all payments must be repaid to City by the end of the current
term. (September 30, 2010) Required to be under 10,000 by end of June 30,2010.
5. USE OF PREMISES.
The premises are to be used by manager solely for the purposes and in the manner set
forth in the business plan (Exhibit C) attached and incorporated as a part of this agreement,
subject to City's reserved right to issue "fishing" permits allowing holders thereof to use
specifically identified areas of the managed premises for fishing, subject to reasonable rules
and regulations established by manager and approved by City. No other use can be made
of the premises during the term without the written consent of the City.
6. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to manager
and are or shall be individually metered for the subject premises. All deposits for such
utilities shall be the sole responsibility of manager.
7. COMMON AREA MAINTENANCE AND TAXES
City shall be responsible for the common area maintenance charges assessed by the
owner's association against the Property and City shall pay real estate taxes.
8. OBSERVANCE OF LAWS AND ORDINANCES.
Manager agrees to observe, comply with and execute promptly at its expense during the
term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and
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regulations of governmental authorities and agencies and of insurance carriers which relate
to its use or occupancy of the demised premises.
9. ASSIGNMENT OR SUBAGREEMENT.
Manager shall not, without first obtaining the written consent of City, assign, mortgage,
pledge, or encumber this agreement, in whole, or in part, or sublet the premises or any part
thereof. City expressly covenants that such consent to sublet shall not be unreasonably or
arbitrarily refused. This covenant shall be binding on the legal representatives of manager,
and on every person to whom manager's interest under this agreement passes by operation
of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a
corporate manager or to a transfer of the agreement hold interest occasioned by a
consolidation or merger involving such manager. If the premises are sublet or occupied by
anyone other than manager, and manager is in default hereunder, or if this management
agreement is assigned by the manager, the City may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No
such collection shall be deemed a waiver of the covenant herein against assignment and
subletting, or the acceptance of such assignee, subtenant, or occupant as manager, or a
release of manager from further performance of the covenants herein contained.
1 O. ALTERATIONS AND IMPROVEMENTS.
Manager shall not make any structural alterations or modifications or improvements which
are part of the managed property without the written consent of the City, and any such
modifications or additions to said property shall become the property of the City upon the
termination of this agreement or, at City's option, the manager shall restore the managed
property at manager's expense to its original condition. The restrictions of this paragraph
shall not apply to maintenance of the managed property, but shall apply to any change
which changes the architecture or purpose of the property or which changes any of the
interior walls of the improvements or which annexes a fixture to any part of the managed
property which cannot be removed without damage thereto. In the event manager desires
to make any alterations or modifications, written notice shall be given to the City. Unless the
City objects to such proposals by notice to manager within twenty (20) days after written
notice from manager, the proposal shall be deemed approved. Manager shall have no
power or authority to permit mechanics' or material men's liens to be placed upon the
managed property in connection with maintenance, alterations or modifications. Manager
shall, within fifteen (15) days after notice from City, discharge any mechanic's liens for
materials or labor claimed to have been furnished to the premises on manager's behalf. Not
later than the last day of the term manager shall, at manager's expense, remove all of
manager's personal property and those improvements made by manager which have not
become the property of City, including trade fixtures and the like. All property remaining on
the premises after the last day of the term of this agreement shall be conclusively deemed
abandoned and may be removed by City and manager shall reimburse City for the cost of
such removal.
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11. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the manager or
owner thereof. The City shall not be responsible or liable to the manager for any loss or
damage that may be occasioned by or through the acts or omissions of persons occupying
adjoining premises or any part of the premises adjacent to or connected with the premises
hereby managed or any part of the building which the managed premises are a part of or
any loss or damage resulting to the manager or its property from bursting, stopped up or
leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the
City, its agents, servants or employees.
12. RIGHT OF ENTRY
The City, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as
may be deemed necessary for the safety, comfort, or preservation thereof, or of said
building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of
removing placards, signs, fixtures, alterations or additions, which do not conform to this
agreement.
13. RESTORING PREMISES TO ORIGINAL CONDITION.
Manager represents that the premises managed are in good, sanitary and tenantable
condition for use by manager. Manager's acceptance or occupancy of the managed
premises shall constitute recognition of such condition. Manager hereby accepts the
premises in the condition they are in at the beginning of this agreement and agrees to
maintain said premises in the same condition, order and repair as they are at the
commencement of said term, and to return the premises to their original condition at the
expiration of the term, excepting only reasonable wear and tear arising from the use thereof
under this agreement. The manager agrees to make good to said City immediately upon
demand, any damage to water apparatus, or electric lights or any fixture, appliances or
appurtenances of said premises, or of the walls or the building caused by any act or neglect
of manager or of any person or persons in the employ or under the control of the manager.
14. INSURANCE.
Manager agrees to comply with all terms, provisions and requirements contained in Exhibit
"B" attached hereto and made a part hereof as if said document were fully set forth at
length herein.
15. MAINTENANCE.
City shall keep the foundation, outer walls, roof and buried conduits of the premises,
including existing buildings, piers, and docks in good repair, except that the City shall not be
called on to make any such repairs occasioned by the negligence of the manager, its
agents, express or implied invitees, or employees. City shall maintain the city owned
Clearwater Community Sailing Center Management Agreement 4
property outside the fence from the sailing center building up to the bridge, while the
manager will be responsible for the upkeep of the property within the fenced in area.
Manager shall keep the inside of said premises and the interior doors, windows and window
frames of said premises in good order, condition and repair and shall also keep the
premises in a clean, sanitary and safe condition in accordance with law and in accordance
with all directions, rules and regulations of governmental agencies having jurisdiction. The
manager shall be responsible for providing all light bulbs used on the premises. The
plumbing facilities shall not be used for any other purposes than that for which they are
constructed and no foreign substances of any kind shall be thrown therein, and the expense
of any breakage, stoppage or damage resulting from the violation of this provision shall be
borne by the manager. Routine maintenance of the heating and air conditioning system and
plumbing facilities shall be under the control of the manager, and manager agrees that all
operation, upkeep, and repairs will be at manager's expense, except where the repairs shall
be caused by the negligence or misuse by City or its employees, agents, invitees, or
licensees, or by catastrophic failure, or in the event of expected life cycle replacement. In
the event City pays any monies required to be paid by manager hereunder, City shall
demand repayment of same from the manager and the manager shall make payment within
ten (10) days of receipt of said demand. Manager's failure to make such repayment within
the ten (10) day period shall constitute default under the terms of this agreement.
City will assume responsibility for life cycle replacement of the heating/air-conditioning
system, provided routine monthly maintenance has been performed.
City will assume responsibility for life cycle replacement of the elevator, provided routine
monthly maintenance has been performed.
16. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other cause,
to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of
such destruction, this management agreement shall be terminated. In the event that the
building should be partially damaged by fire, earthquake or other cause, but only to such an
extent that it can be rebuilt or repaired within sixty (60) days after the date of such
destruction, the management agreement shall be void or voidable, but not terminated,
except as otherwise provided herein. If the City intends to rebuild or repair the premises, he
shall, within fifteen (15) days after the date of such damage, give written notice to manager
of the intention to rebuild or repair and shall proceed with reasonable diligence to restore
the building to substantially the same condition in which it was immediately prior to the
destruction. However, City shall not be required to rebuild, repair or replace any
improvements or alterations made by manager within the building. During the period of
rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or repairing
has commenced, such rebuilding or repairing cannot be completed within sixty (60) days
after the date of such partial destruction, the City may either terminate the agreement or
continue with the agreement with a proportional rent rebate to manager. If City undertakes
Clearwater Community Sailing Center Management Agreement
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to rebuild or repair, manager shall, at its own expense, restore all work required to be done
by such manager under this agreement.
17. EMINENT DOMAIN.
If the whole or any part of the premises hereby managed shall be taken by any public
authority under power of eminent domain, then the term of this management agreement
shall cease on the part so taken from the date title vests pursuant to such taking, and the
rent and any additional rent shall be paid up to that day, and if such portion of the
demised premises is so taken as to destroy the usefulness of the premises for the purpose
for which the premises were managed, then from that day the manager shall have the right
to either terminate this management agreement or to continue in possession of the
remainder of the same under the terms herein provided, except that the rent shall be
reduced in proportion to the amount of the premises taken. The parties agree that the
manager shall not be entitled to any damages by reason of the taking of this agreement, or
be entitled to any part of the award for such taking, or any payment in lieu thereof.
18. SUBORDINATION.
This agreement and the rights of the manager hereunder are hereby made subject and
subordinate to all bona fide mortgages now or hereafter placed upon the said premises by
the City and any other owner provided, however, that such mortgages will not cover the
equipment and furniture or furnishings on the premises owned by the manager. The
manager further agrees to execute any instrument of subordination, which might be
required by mortgagee of the City.
19. DEFAULT; REMEDIES.
(a) The manager further covenants that, if default shall be made in the payment of rent, or
any additional rent, when due, or if the manager shall violate any of the other covenants of
this agreement and fail to correct such default within fifteen (15) days after a written request
by the City to do so, then the City may, at its option, deem this agreement terminated,
accelerate all rents and future rents called for hereunder and manager shall become a
tenant at sufferance, and the City shall be entitled to obtain possession of the premises as
provided by law.
(b) In case the managed property shall be abandoned, as such term is defined by Florida
Statutes, the City, after written notice as provided by Florida Statutes to the manager, City
may (i) re-enter the premises as the agent of the manager, either by force or otherwise,
without being liable to any prosecution or claim therefore, and may relet the managed
property as the agent of the manager and receive the rent therefore and apply the same to
the payment of such expenses as City may have incurred in connection with the recovery of
possession, reduction, refurbishing or otherwise changing or preparing for reletting,
including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the
payment of damages in amounts equal to the rent hereunder and to the cost and expenses
Clearwater Community Sailing Center Management Agreement
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of performance of the other covenants of manager as provided herein; or (ii) the City may,
at its option, terminate this agreement by giving the manager fifteen (15) days' written notice
of such intention served upon the manager or left upon the managed property, and the term
hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen
(15) day period, but the manager shall
never-the-Iess and thereafter be liable to the City for any deficiency between the rent due
hereunder for the balance of the term of this agreement and the rent actually received by
City from the managed property for the balance of said term.
(c) The City, at its option, may terminate this agreement as for a default upon the
occurrence of any or all of the following events: an assignment by manager for the benefit
of creditors; or the filing of a voluntary or involuntary petition by or against manager under
any law for the purpose of adjudicating manager bankrupt; or for reorganization, dissolution,
or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of
a receiver of the assets of manager; or the bankruptcy of the manager. Each of the
foregoing events shall constitute a default by manager and breach of this agreement.
20. MISCELLANEOUS.
(a) The City shall have the unrestricted right of assigning this agreement at any time, and in
the event of such assignment, the City shall be relieved of all liabilities hereunder.
(b) This contract shall bind the City and its assigns or successors, and the manager and
assigns and successors of the manager.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the parties hereto that written notice sent by
certified or registered mail, or hand delivered to the premises managed hereunder, shall
constitute sufficient notice to the manager, and written notice sent by certified or registered
mail or hand delivered to the office of the City shall constitute sufficient notice to the City, to
comply with the terms of this contract.
(e) The rights of the City under the foregoing shall be cumulative, and failure on the part of
the City to exercise promptly any rights given hereunder shall not operate to forfeit any of
the said rights.
(f) It is hereby understood and agreed that manager shall use no signs in connection with
the premises hereunder, except inside the building, which signs shall be subject to the prior
approval of the City.
Clearwater Community Sailing Center Management Agreement
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(g) It is understood that no representations or promises shall be binding on the parties
hereto except those representations and promises contained herein or in some future
writing signed by the party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from manager is
not received by City within five (5) days after such amount shall be due, manager shall pay
to City a late charge equal to five percent (5%) of such overdue amount. The City shall not
be required to accept any rent not paid within five (5) days subsequent of the date when
due absent the simultaneous payment of this late charge. The requirement for a late charge
set out herein shall not be construed to create a curative period or a grace period for the
timely payment of rent.
(i) Consumption of alcoholic beverages are to be confined to the fenced in area of the
Sailing Center, with the gate closed, appropriate signage and enforcement to prevent
alcoholic beverages from being removed from the premises.
The sale of alcoholic beverages will be confined to three special events per year as
stipulated by City ordinance.
21. SUBROGATION.
The City and manager do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the
managed property or property of City. Each party shall look first to any insurance in its favor
before making any claim against the other party. Nothing contained herein shall in any way
be considered or construed as a waiver or re-agreement by the City of any and all of the
other covenants and conditions contained in this agreement to be performed by the
manager.
22. PARKING SPACES.
Manager shall have the right to use and control any and all legal parking spaces/areas on
or about the managed premises subject to the needs of the City for special events deemed
necessary for official city business. The City agrees to cooperate with manager in obtaining
any and all permits for use and/or construction of parking spaces/areas within the bounds of
the management agreement area.
23. INDEMNIFICATION.
The Manager shall act as an independent contractor and agrees to assume all risks of
providing the program activities and services herein agreed and all liability therefore, and
shall defend, indemnify, and hold harmless the City, its officers, agents, and employees
from and against any and all claims of loss, liability, and damages of whatever nature, to
persons and property, including, without limiting the generality of the foregoing, death of any
Clearwater Community Sailing Center Management Agreement
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person and loss of the use of any property, except claims arising from the negligence or
willful misconduct of the City or City's agents or employees. This includes, but is not limited
to matters arising out of or claimed to have been caused by or in any manner related to the
Manager's activities or those of any approved or unapproved invitee, contractor,
subcontractor, or other person approved, authorized, or permitted by the Management in or
about its premises whether or not based on negligence.
24. "AS IS" CONDITION.
The manager accepts the managed premises on an "as is" basis, and City shall have no
obligation to improve or remodel the managed premises, except as set forth above at
paragraph 9(a).
25. CONSTRUCTIVE EVICTION.
Manager shall not be entitled to claim a constructive eviction from the premises unless
manager shall have first notified City in writing of the condition or conditions giving rise
thereto and, if the complaints be justified, unless City shall have failed within a reasonable
time after receipt of such notice to remedy such conditions.
26. JANITORIAL EXPENSES.
City will continue to maintain its current level of janitorial services for the managed premises
at its expense. Extraordinary expenses for cleanup or trash removal for major regattas or
non-routine functions shall be the expense of the manager.
27. SEVERANCE.
The invalidity or unenforceability of any portion of this agreement shall in nowise affect the
remaining provisions and portions hereof.
28. CAPTIONS.
The paragraph captions used throughout this agreement are for the purpose of reference
only and are not to be considered in the construction of this agreement or in the
interpretation of the rights or obligations of the parties hereto.
29. NO HAZARDOUS MATERIALS.
The manager herewith covenants and agrees that no hazardous materials, hazardous
waste, or other hazardous substances will be used, handled, stored or otherwise placed
upon the property or, in the alternative, that such materials, wastes or substances may be
located on the property, only upon the prior written consent of the City hereunder, and only
in strict accord and compliance with any and all applicable state and federal laws and
ordinances. In the event such materials are utilized, handled, stored or otherwise placed
upon the property, manager expressly herewith agrees to indemnify and hold City harmless
Clearwater Community Sailing Center Management Agreement 9
from any and all costs incurred by City or damages as may be assessed against City in
connection with or otherwise relating to said hazardous materials, wastes or substances at
anytime, without regard to the term of this agreement. This provision shall specifically
survive the termination hereof.
30. CONFORMANCE WITH LAWS
Manager agrees to comply with all applicable federal, state and local laws during the life of
this Contract.
31. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then
the parties agree that each party shall bear its own attorney fees and costs.
32. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, and any action brought by either
party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
Countersigned:
4~~
Frerhk Hibbard '
Mayor
CITY~R, FLORIDA
By: 1 ~JL
William B. Horne II
City Manager
Attest:
Attest:
CLEARWATER COMMUNITY
SAIL A~OCIATION, INC.
By: ~ \~
Print Name: C-l A!K.K- ~... ~f't3.o"
Title: ~(f( ~ ~ r f) ~nfr
~tLV-~ €;ID~
Print Name: J
Secretary ~"rt::) ~ HoOt. \ 1\1 ~
Clearwater Community Sailing Center Management Agreement
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Exhibit A
Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East; thence
N89010'31"E along the South boundary of said Section 17, a distance of 843.47 feet to a point of
intersection with the centerline of the Gulf Boulevard Right-of-Way; thence N42013'31 "E along the
centerline of said Right-of-Way a distance of 1983.25 feet to a point of curvature; thence along a
curve to the left, said curve also being the centerline of the said Right-of-Way, having a chord
bearing of N34049'43"E, a radius of 1909.86 feet, a central angle of 14047'32", an arc length of
493.07 feet, and a chord length of 491.71 feet to the Point of Beginning; thence N57035'40"W
along a non-radial line a distance of 50.19 feet to the point of cusp, of a non-tangent curve, said
point also being on the west Right of Way line of Gulf Boulevard; thence along a curve to the left,
said curve also being the said west Right of Way line of chord bearing of N25058'24"E, a radius of
1859.86 feet, a central angle of 2038'32", an arc length of 85.77 feet, and a chord length of 85.76
feet; thence S61 044'07"E along a non-radial line a distance of 137.96 feet; thence S25051'33"W a
distance of 95.81 feet; thence N57035'40"W along a non-radial line a distance of 88.73 feet to the
aforementioned Point of Beginning.
Commence at the Southwest corner of SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
run N. 89010'31" E., 843.47 feet; thence run N. 42013'31" E. 886.07 feet, thence run S. 47046'29"
E., 50.00 feet to the Point of Beginning; thence run N. 42013'31" E. 630.00 feet, thence run S.
47046'29" E., 200.00 feet plus or minus to the Mean High Water Line of Clearwater Harbor; thence
run along said Mean High Water Line to a Point, Said Point being the intersection of the Mean
High Water Line and a Line having a Bearing of S. 47046'29" E., from the Point of Beginning;
thence run N. 47046'29" W., 237.00 feet plus or minus to the Point of Beginning.
ADDITIONAL LEASE TRACT:
Commence at the Southwest Corner of Section 17, Township 29 South, Range 16 East; thence
N89010'31"E, along the South boundary of said section 17, a distance of 843.47 feet to the
centerline of Gulf Boulevard; thence N42013'31"E, along said centerline, a distance of 886.07 feet;
thence leaving said centerline S47046'29"E, 50.00 feet; to the Easterly right-of-way line of Gulf
Boulevard, thence N42013'31"E, along said Easterly right-of-way line, a distance of 630.00 feet, to
the point of beginning; thence continue N42013'13"E, along said Easterly right-of-way line, a
distance of 1 00 feet; thence leaving said Easterly right-of-way, S47046'29"E, to the Mean High
Water Line of Clearwater Harbor; thence along said Mean High Water Line to a point on a line
lying S47046'29"E of the point of beginning; thence N47046'29"W, along said line, to the point of
beginning.
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Exhibit B
INSURANCE AND RISK OF LOSS
HOLD HARMLESS
Manager agrees to hold the City, its elected officials, employees, and agents harmless against all
fines, penalties, and claims for bodily injury, sickness, disease, death or personal injury or damage
to property or loss of use resulting there from, arising out of this Agreement unless such claims are
a result of the City's negligence. This provision shall survive the termination of this Agreement.
PAYMENT ON BEHALF OF CITY
Manager agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as
may be selected by the City, for all claims described in the Hold Harmless paragraph identified
immediately above. Such payment on behalf of the City shall be in addition to any and all other
legal remedies available to the City and shall not be considered to be the City's exclusive remedy.
LOSS CONTROUSAFETY
Precaution shall be exercised at all times by manager for the protection of all persons, including
employees, and property. Manager shall be expected to comply with all laws, regulations or
ordinances related to safety and health and shall make special effort to detect hazardous
conditions and shall take prompt action where loss control/safety measures should reasonably be
expected.
The City may order work to be stopped if conditions exist that present immediate danger to
persons or property. Manager acknowledges that such stoppage will not shift responsibility for
any damages from manager to the City.
BASIC COVERAGES REQUIRED
Manager shall procure and maintain the following described insurance, except for coverage
specifically waived by the City, on policies and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of manager. The City does not represent
these types or amounts of insurance to be sufficient or adequate to protect manager's interests or
liabilities, but are merely minimums.
Such coverages shall protect manager from claims for damages for personal injury, including
accidental death, as well as any party directly or indirectly employed by manager.
Except for workers compensation and professional liability, manager's insurance policies shall be
endorsed to name the City as an additional insured to the extent of the City's interests arising from
this Agreement.
Except for workers compensation, manager waives its right of recovery against the City, to the
extent permitted by its insurance policies.
Manager's deductibles/self-insured retentions shall be disclosed to the City and may be
disapproved by the City. They shall be reduced or eliminated at the option of the City. Manager
is responsible for the amount of any deductible or self-insured retention.
Insurance required of manager or any other insurance of manager shall be considered primary,
and insurance of the City shall be considered excess, as may be applicable to claims which arise
out of the Hold Harmless, Payment on Behalf of City, Insurance, Certificates of Insurance and any
Clearwater Community Sailing Center Management Agreement
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Additional Insurance provisions of this Agreement. Where no specific limit of coverage is
mentioned in this Agreement, the minimum limit of insurance coverage required by the City shall
be $500,000.
Workers Compensation Coverage
Manager shall purchase and maintain statutory workers compensation insurance for all workers
compensation obligations imposed by state law and employers liability limits of at least $100,000
each accident and $100,000 each employee/$500,OOO policy limit for disease.
Manager shall also purchase any other coverage required by law for the benefit of employees.
General, Automobile, And Excess Or Umbrella Liability Coverage
Manager shall purchase and maintain coverage on forms no more restrictive than the latest
editions of the Commercial General Liability and Business Auto policies of the Insurance Services
Office.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or
umbrella insurance making up the difference, if any, between the policy limits of underlying policies
and the total amount of coverage required.
Commercial General Liability Coverage - Occurrence Form Required
Coverage A shall include bodily injury and property damage liability for premises, operations,
products and completed operations, independent contractors, contractual liability covering this
Agreement, broad form property damage, and property damage resulting from explosion, collapse
or underground (x, c, u) exposures.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Manager is required to continue to purchase products and completed operations coverage, at least
to satisfy this Agreement, for a minimum of three years beyond the City's acceptance of any
renovation or construction projects.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or
umbrella insurance making up the difference, if any, between the policy limits of underlying policies
and the total amount of coverage required.
Business Auto Liability Coverage
Business Auto Liability coverage is to include bodily injury and property damage arising out of
ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles
and employee non-ownership use.
Excess Or Umbrella Liability Coverage
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed.
Whichever type of coverage is provided, it shall not be more restrictive than the underlying
insurance policy coverage. Excess or Umbrella Liability insurance shall include bodily injury and
property damage coverage.
Manager shall purchase and maintain Excess or Umbrella Liability coverage over and above its
other liability coverage in the amount of $500,000.
Clearwater Community Sailing Center Management Agreement
13
Property Coverage for Sailing Center
The City shall maintain for the life of the Agreement, all risk/special perils (including sinkhole)
property insurance (or its equivalent) to cover loss resulting from damage to or destruction of the
sailing center, and its improvements, and any attached personal property or contents belonging to
the City.
Flood Insurance
City shall procure and maintain, flood insurance either for the insured value of any buildings or
structures located on the managed premises or the maximum amount of flood insurance available
through the National Flood Insurance Program.
EVIDENCE/CERTIFICATES OF INSURANCE
Required insurance shall be documented in Certificates of Insurance that provide that the City
shall be notified at least 30 days in advance of cancellation, non-renewal or adverse change.
New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage
renewals.
If requested by the City, manager shall furnish complete copies of manager's insurance policies,
forms and endorsements.
For Commercial General Liability coverage, manager shall, at the option of the City, provide an
indication of the amount of claims payments or reserves chargeable to the aggregate amount of
liability coverage.
Receipt of certificates or other documentation of insurance or policies or copies of policies by the
City, or by any of its representatives, which indicate less coverage than required does not
constitute a waiver of manager's obligation to fulfill the insurance requirements herein.
Clearwater Community Sailing Center Management Agreement
14
Exhibit C
Clearwater Community Sailing
Association, Inc.
"Sailing For Everybody"
Business Plan
July 15,2005
Authored by:
Clark A. Keysor (President CCSA non-profit corporation)
David Billing (Secretary CCSA non-profit corporation)
Michael Dooley (Treasurer CCSA non-profit corporation)
Joe Calia (CCSA Board member non-profit corporation)
AI Humphers (Director of CCSA non-profit corporation)
Contents:
1. Mission
2. Goals
3. Facilities
4. Programs
5. Regattas
6. Example programs
7. Glossary
8. Biographies
9. Finances
Clearwater Community Sailing Center Management Agreement
15
1. Mission
The mission of the Clearwater Community Sailing Association is to promote community sailing at
the Clearwater Community Sailing Center and to promote educational and safe sailing programs
for all under the slogan, "Sailing For Everybody." This includes youth, seniors, disabled,
recreational and Olympic class sailors.
2. Goals
The purposes of this non-profit organization shall be:
. Maximize utilization of the existing facility
. Expand CCSC facilities in size and scope, including parking
. Promote sailing education
. Build upon and enhance the fleet of boats for educational and recreational use
. Promote regattas on a local, national and international scale
. More fully serve the community and local sailing
. Attract grants & funding from various sources
. Act as a focus for Olympic class training and racing
. Develop a strong volunteer program
. Alleviate the financial burden from the City of Clearwater and its tax base
3. Facilities
Years ago local sailors flocked to the beach at Sand Key to launch boats off the sandy area where
today stands the CCSC. It was due to the combined efforts of many local sailors from individuals,
Clearwater Yacht Club (CYC), Windjammers of Clearwater (WJoC) and The Sand Key Civic
Association that the site was saved from becoming a parking lot and transformed it into one of the
finest sailing facilities in North America.
The current site consists of a modern building with office, storage, repair, elevator, utilities, toilets,
showers and meeting facilities. The physical site includes all land from the edge of Gulf Boulevard
to the waters edge and from the property line of the Marriott Suites (at the South) to the end of the
beach (at the North).
The Phase I area consisting of the building, compound and parking lot are barely able to support
regional or mid winters grade regattas for larger classes. This puts a strain on resources and
space. It limits regatta size and hurts the image of the CCSC with visiting sailors. Furthermore it
restricts the ability of the Center to generate larger lines of income.
Core to turning around the ability of the CCSC to be self-supporting and to be a truly useful facility
is its expansion into the facility it was originally envisaged to be, including Phase II with Managed
Storage.
Time is of the essence for the City to start the expansion of the building. The plans are finished to
everyone's satisfaction. It would allow CCSC, Sailability, CYC and other outside sources to have
several things going on at one time. This would generate more income to support more staff,
which would make CCSC not only a marketing tool for the City of Clearwater but alleviate the
financial burden. Shake-a-Leg, Miami is the goal CCSC has for the City of Clearwater.
Clearwater Community Sailing Center Management Agreement
16
The expansion would give CCSC and Sailability the office space they need to have a great
working relationship. Instead of scheduling one class at a time for the Coast Guard Auxiliary, we
could have several different organizations having meetings and classes at one time. Additional
office space would help CCSC and SGTB work in tandem on Fund raising and Grant Writing along
with taking care of the customer base.
Modification of the existing space would make possible the establishment of a small rest area with
a cafe serving coffee, sandwiches and soda and a small chandlery stocking replacement dinghy
parts on site with locker rental for sailors.
Addition of storage for user Groups such as Sailability, Windjammers, etc.
4. Programs
A sailing center lives or dies by its programs running day to day. These programs would be
expanded to include the following:
· CCSC supported teaching programs, with CCSC members
· Youth sailing and training
· Seniors sailing and training
· Private tuition lessons to CCSC members
· Olympic grade tuition from Olympic class members & instructors to other teams
· Collaborative courses with "Stay and Sail" package deals with adjacent hotels
· Expanded opportunities to use CCSC sailing boats with other local organizations
· "Go Sailing" events to increase exposure to the public
· US Sailing Clinics
· Non-profit groups will continue to enjoy preferential use of meeting room
· Kayak and paddling sports
· Rental concession for day sailing visitors
· Hours of operation have been expanded
Paralympic classes (Sonar [draft 3' 11"] and 2.4metre [3' 3"]) are not currently suitable for
launching at the current CCSC - future work might make this a possibility.
Significantly wider exposure for programs will be exploited in the Sailing Press including
Southwinds, Sailing World, Cruising World, SAIL, Sailing, etc. at all opportunities.
5. Regattas
The CCSC has tremendous potential to host many more regattas, especially with an attractive fee
structure, support and improved facilities. Chief advantages are:
. Local accommodation extensive
· 365 days of the year compatible weather - attractive for Mid Winter events
· On site repair and replacement
· Accessibility to Clearwater Harbor and Gulf of Mexico sailing
· On site refreshments
· Extensive beachfront makes dolly launching easy -IOD, Laser, Laser II, Cats.
Clearwater Community Sailing Center Management Agreement
17
. Catamaran racing circuit - Alter Cup, Olympic Training, Hobie National events for all Hobie
classes, Nacra, Inter and Prindle, etc.
The CCSC has genuinely become a major Regatta site.
6. Example programs
These example programs show how it can be done. These are all examples of Non-Profit run
Community Sailing Centers that have explanatory web sites. Some have a history; others are
growing, some just adding major building facilities. All seem vibrant and backed by their local
sailing community, Public Service Organizations, City and County affiliates.
Sandy Hook Bay Catamaran Club, NJ - http://fleet250.oro
Baltimore Community Sailing Center - http://www.downtownsailinO.oro
Naples (FL) Community Sailing Center, FL - http://www.oulfcoastsailinoclub.orQ/NaplesCSC.htm
Savannah Sailing Center - http://www.savannahsailinacenter.oro
Boston Piers Park Sailing Center - http://www.piersparksailinO.oro
Boston Courageous Sailing Center - http://www.couraoeoussailina.ora
Baltimore County Sailing Center - http://www.bcsailino.oro
United States Sailing Center, Long Beach - http://www.uscsailino.oro/.htm
Traverse Area Community Sailing - http://www.tacsailino.com
Lake Champlain Community Sailing Center - http://www.lccsc.oro
Breakwater Yacht Club, Community Sailing Center, NY - http://www.breakwatervc.oro
Regatta Point Community Sailing, Worchester MA - http://www.reoattapoint.oro
Sail Sand Point Community Sailing Center, WA - http://www.sailsandpoint.oro
Jericho Community Sailing Center, Vancouver BC - http://www.isca.bc.ca
Hampton Roads Community Sailing Center - http://www.sailhamptonroads.oro
Milwaukee Community Sailing Center - http://www.sailinocenter.ora
Edison Sailing Center - http://www.edisonsailinocenter.oro
Treasure Island Sailing Center - http://www.tisailina.ora
Mount Desert Island Community Sailing Center - http://www.ellsworthme.oralmdisailino
Shake-a-Leg, Miami, FL - http://www.shakealeamiamLora
7. Glossary
CCSC - Clearwater Community Sailing Center
SGTB - Sailability of Greater Tampa Bay
CYC - Clearwater Yacht Club
Clearwater Community Sailing Center Management Agreement
18
8. Biographies of team members
Clark A. Kevsor
Position: President Board of Directors, Clearwater
Education: Ohio State University, Business Management
University of Dayton, Engineering
Sinclair State University
Professional Background: Retired since 1996: Design Engineer at National Cash Register, 45
years of owning different businesses from working with Presidents Truman, Eisenhower, Kennedy,
Johnson, and other State and Federal officials. Owned largest independent automobile service
garage in Ohio. Second largest Dairy Queen Brazier in Ohio. Owner of four Florida wholesale
office furniture outlets in Clearwater, Miami, Orlando and Tampa. Maintain active Florida Real
Estate Broker's License.
Sailing experience: Sailing for 30 years, U.S. Sailing certified level 1 instructor. Past owner of J-
24 and all size Hobie Beach Catamaran's that I sail and race for fun. Competed in 2 Worrell 1000-
mile Atlantic Coast distance races.
Community Service: Korean War Veteran, Board Dayton Boys Club, Dayton's Christ Episcopal
Church Vestry, Southern Ohio Gasoline Dealers Association, Ombudsman for Automotive
Dealerships, Hobie Fleet and Florida Division Officer, Sailability of Greater Tampa Bay, Inc.
David Billim:a
Position: Secretary, Clearwater Community Sailing Association, Inc.
Education: Higher National Diploma in Mechanical Engineering. Poole Technical College, UK
Professional background: 30 years experience in Information Technology management and
systems implementation.
Sailing/Watersports experience/certifications: Started sailing in 1957 and have owned,
maintained and operated power and sailboats from 10 to 40 feet. Currently owner of a Beneteau
31 sail boat. Have many years experience in regatta and race organization and management.
Past Commodore and current director of Youth Sailing at the Clearwater Yacht Club.
Community Service background: One of the founding board members of the Clearwater
Community Sailing Association, Inc. My particular interest is to provide affordable facilities and
training for young people from all backgrounds to excel at competitive sailing.
Michael T. Doolev
Position: Treasurer, Clearwater Community Sailing Association, Inc.
Education: Siena College, BBA, majoring in accounting
Professional Background: Management of small accounting and tax services, specializing in
working with small business utilizing QuickBooks accounting software. With 40 years of senior
level accounting and finance background, including public accounting with a Big "4" CPA firm,
CFO of several hospitals, CFO and Treasurer of Healthcare System, CFO of Hospital Division of
publicly traded corporation
SailinglWatersports experience/certifications: None
Community Service background: 6 years on Board of Sand Key Civic Assn., including Vice-
President and Treasurer, First year on Board of Clearwater Community Sailing Association, Inc.,
elected Treasurer.
Clearwater Community Sailing Center Management Agreement
19
Joseph A. Callo
Position: Board of Directors, Clearwater Community Sailing Center
Education: Bachelor of Science, Temple University
Postgraduate work in Histology, Temple University
Columbia University - 6 week Executive Management Program
Professional background: 45 years in health care: salesman, district manager and general
manager for major pharmaceutical companies; co-owner of fifth largest hospital supply company in
the USA.
SailinglWatersports experience/certifications: None
Community Service background:
Member of original Board of Directors of Clearwater Community Sailing Center
Board of Directors of Jolly Trolley since inception
Board member and past president of Sand Key Civic Association
Chairman, Beautification of Sand Key Committee
Member, Clearwater Fire Task Force
Member, Pinellas County Fire Task Force
Chairman, Sand Key Dune Vegetation program
Started the Sand Key Volunteer Beach Patrol program
Citizens Involvement Committee, Belleair Causeway Bridge Project
AI Humphers
Position: Director, Clearwater Community Sailing Center
Responsibilities: The day to day management and fiscal responsibility for CCSC operations and
facilities; Program development and promotion; Community Relations.
Education: Purdue University, BA - International Relations
Harvard Business School - 6 weeks Executive Management Program
Professional background: 40 year career in domestic and international Hospitality Industry
management including corporate level human resources and labor relations positions with Marriott
and Holiday Inns; hotel General Manager positions with Holiday Inns International and Hilton
Hotels in the U.S. and over seas; General Manager positions with Clearwater and Royal Palm
Yacht Clubs.
SailinglWatersports experience/certifications: Started sailing at the age of 10 in EI Toro
dinghies on San Francisco Bay. Have owned, maintained and sailed boats from 8 to 52 feet.
Have logged over 10,000 offshore miles in the Atlantic, Caribbean, Pacific and Gulf of Mexico.
U.S. Coast Guard Masters License with Sail endorsement. U.S. Sailing certified level 1 instructor.
Community Service background: 2 years as Vice President, Board of Directors, Clearwater
Community Sailing Association, Inc.
Clearwater Community Sailing Center Management Agreement
20
9. Finances
The year 2000-2001 City budget was used as a starting point for the outgoing expenses. The
income is based upon best estimates for new and existing programs. Significant new income
comes from a variety of sources including Managed Storage, Rental, Parts, launching fees and
additional events in the calendar.
On October 29, 2004 CCSC and SGTB worked together to submit a Grant to Pinellas County
Parks and Recreation. Working together they produced $225,000 to be used to teach sailing to
people living in unincorporated areas.
Government, Corporate, Organizational and individual sponsorship will be sought for capital and
revenue related line items.
Appendix A - Shows Satellite photograph of CCSC site.
Appendix B - Assets transferred to Clearwater Community Sailing Center
Appendix C - The proposed rates table for the use of facilities
Appendix D - The Expenses and Income statements for the proposed Non-Profit operation.
Clearwater Community Sailing Center Management Agreement
21
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Appendix C. Rates Table.
Membership Rates
Individual $325
Family $425
Youth $175
Seasonal Individual $225
Seasonal Family $300
Daily Individual $10
Daily Family $25
Boat Rental Rates - Hourly + Daily Membership
Kayaks $15
Prams $15
Sunfish $15
Puffer $20
Laser $20
JY15 $25
Hobie Wave $25
Hobie Getaway $40
Sunbird $40
Boat Rental Packages
Rent 3 hours, get 4th hour free
Sailing Escape 12 Hour Package
CCSC Price List
20 Hour Group Instruction $300
Boat Storage - Annual rate plus Family Membership @ Individual rate required.
Mast Up
Catamaran over 16'
Catamaran up to 16'
Monohull over 16'
Monohull up to 16'
Mast Down Under Bridge
Rack storage, Main Yard
Annual Valet Service
Daily boat storage
Carlisle Room Rental Rates
Friday, Saturday, Sunday
Monday thru Thursday
Each Additional Hour
Each Additional Hour
Pram, Sunfish, Laser
Wave, JY15
Getaway, Sunbird
Sailing Instruction Rates
Pri vate/Hour - 1 person
Additional person
Individual
$130
$150
$180
$40
$20
6 Hour Package - 1 person
Additional person
$200
$100
$800
$600
$600
$400
$500
$300
$50
$10
$550
$450
$75
$100
4 Months
4 Months
2 Hour Minimum
2 Hour Minimum
Family
$150
$170
$200
(4 Hrs + 2 Hrs setup/cleanup)
(4 Hrs + 2 Hrs setup/cleanup)
(Booked in advance)
(Booked day of event)
Clearwater Community Sailing Center Management Agreement
Appendix D.
Clearwater Community Sailing Center
Budget Projection
Fiscal 2005 - 2010
FY 2005 FY 2005 FY2006 FY 2007 FY 2008 FY 2009 FY20I0
6 Mos. Actual ProJeeted Pro.leeted Projected Projected Projected Projected
Income
Contributions
Donations 13,304
Special Fund Donations 2,135
Total Contributions 15 439 25.000 25 750 26.523 27.318 28.138 28 982
Inactive Income Accounts
Discount Invoices -1,772 .3.500 -3.500 -3.500 .3.500 -3.500 -3.500
Total Inactive Income Accounts -1 772 -3.500
Non Profit Income 275
Advertisina Income 30
Apparel 647
Boat Rental 10.427
Boat Storaee 9,885
Facilities Rental 11,106
Membership Dues 35,221
Proeram Fees & Services 32,062
Reeatta Income 10,622
Room Rental Bookiw! Fee 4,193
Total Non Profit Income 114,468 250,000 257,500 265,225 273,182 281,377 289,819
Total Income 128,135 271,500 283,250 291,748 300,500 309,515 318800
EXDenses
Bank Charees 0
Bad Check Charees 5
Credit Card Fees 25
Online Merchant 204
Total Credit Card Fees 229
Service Cl1ar2e 1,215
Total Bank Cl1ar2es 1.449 3,000 3,100 3,200 3,300 3400 3,500
Dues & SubscriDtions 39(] 1.200 1.250 1,300 1,350 1,400 1,450
lnformatioDlTeehnolol!v 201 400 400 400 400 400 400
Insurance
Fire & Liabilitv 8,959
Health Insurance 1,270
Workman's ComD 785
Total Insurance 11,014 25.000 26,000 27 000 28.000 29.000 30.000
Maintenance
Buildine 732
Grounds -36
Power Boats 1,179
Fuel 107
Total Power Boats 1.286 2,500
Rental Boats 6,631 10.000
Total Maintenance 8.613 12 500 13.000 13 500 14,000 14,500 15,000
Clearwater Community Sailing Center Management Agreement
Marketinl! & Sales
Advertlsiw! 302
Total Marketinl! & Sales 30' 600 650 700 750 800 850
Office Expenses 5
Office SuppUes 603
PostaKe & Shippiw! 143
Total Office Exoenses 751 2.000 2.100 2,200 2.300 2.400 2,500
Operatinl! Exoenses
Community Proluams 37
Retail sales items 311
Youth Prol!rams 53
Total Operatinl! Expenses 401 4.000 4.500 500(] 5.500 6.000 6.500
Payroll
Paychex Payroll
Emplovee Net 48,440
Payroll taxes 13,584
Total Paychex Payroll 62.024
Total Payroll 62.024 140.000 150.000 160.000 170.000 180.000 190.000
Permits & Licenses
Boats 33
Total Permits & Licenses 33 ISO ISO ISO ISO ISO ISO
Professional Fees
Intuit.QB 315
Le2al 1,268
Pavchex Fees 922
Total Professional Fees 2.504 5000 5500 6.000 6.500 7.000 7.500
Rel!attas
Equipment 18
Events 897
Total Reaattas 915 4.000 4.500 5.000 5.500 6.000 6,500
Rent
City of Clearwater 7,273
Total Rent 7.273 13.600 13.000 13.400 13.800 14.300 14.700
Sailinl! Instruction Cost 200
Books 76(J
Total Sailina Instruction Cost 96CI 1.200 1.30(] 1.400 1.500 1.600 1.700
Taxes
Penalties 25~
Total Taxes 25~ 300 100 10(] 100 100 100
Utilities
Cable 521
Electric 2,867
Telephone 514
Water. Sewer. Trash 3,934
Total Utilities 7.B34l 16.000 17.000 18.000 19.000 20.000 21.000
Total Expenses 104.925 228.950 242.550 257.350 272.150 287.050 301.850
Net Operatinl! Income 23~ 42.550 40.700 34.398 28.350 22.465 16,950
Net Income 23~ 42.550 40.700 34.398 28.350 22 465 16,950
Clearwater Community Sailing Center Management Agreement