LAUNCH AND RETRIEVE WATER CRAFT
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WAIVER AGREEMENT
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THIS WAIVER AGREEMENT, made and entered into this
,
, 1999, by and between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation, hereinafter referred to as "City" and Charles and
Ypapanti Alexiou, as owner, and West Coast sailing Center, Inc., as business
operator, hereinafter collectively called "Applicant", at 7 Rockaway Street,
Clearwater, Florida 34630. Telephone (813) 791-6988,
WIT N E SSE T B:
That in consideration of the covenants contained herein, the City agrees
to a limited waiver of the provisions of Ordinance No. 4960-90, as hereinafter
described and enumerated. As a condition of said limited waiver, the
Applicant agrees to faithfully observe, keep and perform the conditions
hereinafter described.
1. Business Operator shall establish and maintain, at Business Operator's
expense, a marked corridor extending from the shoreline westward of owner's
property to a distance of 300 feet due west of the mean high water line. Said
marked corridor shall be 25 feet in width on the east end, widening to 80 feet
in width on the west end. It is agreed that no other portion of the
restricted swimming area other than the marked corridor may be used for
launching or retrieving watercraft under the control and operation of the
business operator.
The corridor shall be visibly marked with buoys conforming to the uniform
state waterway marking systems and defining the marked corridor.
2. Within the marked corridor, the business operator may launch and
retrieve watercraft of the types hereinafter described:
Five (5) sailboards.
Five (5) 16-18 foot catamarans.
Two (2) manually propelled aqua cycles.
Four (4) personal watercraft (wave runners).
One (1) "sunfish" type sailboat.
3. Only one mechanically powered watercraft shall operate within the
corridor at anyone time, except manually powered watercraft and chase or
emergency boats. A drawing of the marked corridor is attached as Exhibit 1.
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4. Business Operator shall maintain a safety watch in the water and warn
all swimmers to stay out of the corridor until watercraft has cleared the
area. Business operator shall insure that all operators within the marked
corridor maintain watercraft at idle speed, or the minimum slow speed
necessary to maintain control and safe steerage of the watercraft.
5. The Business Operator shall warn watercraft operator to yield the
right-of-way to any swimmer.
6. The Business Operator shall insure that all watercraft meet federal and
state safety equipment requirements.
7. The Business Operator shall provide operators renting watercraft a
written form notifying the watercraft operators of the special operating
conditions set forth in Section 114.765, Code of Clearwater, and of the
applicable fine for violating any of the conditions. Before permitting rental
watercraft to be operated within the corridor, the Business Operator shall
have the operator sign the form, acknowledging that the operator has read and
understands the form and will comply with the special operating conditions.
8. The Applicant shall purchase and maintain liability damage insurance
for bodily injury and property damage resulting from the operation of all
watercraft, with coverage in the amount not less than $500,000 and with the
City named as additionally insured, and the Applicant shall provide the city
clerk with a copy of each insurance policy or policies and all endorsements
and amendments thereto.
9. The Business Operator agrees that watercraft shall be color coded or
otherwise plainly marked so as to permit the identification of the ownership
of the watercraft from a distance of 100 yards, and so as to distinguish the
chase or emergency watercraft from the other watercraft of the Business
Operator. The Business operator will also advise the Harbormaster, in
writing, of the color or identification markers on their watercraft.
10. The Business Operator shall instruct customers to stay clear of the
pier 60 fishing pier by staying outside the buoys marking the artificial
reefs. Watercraft shall be restricted to the area from Pier 60 northward.
11. The Applicant shall not place any structure seaward of the coastal
construction control line of the Applicant's property without obtaining
required state and city permits.
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12. The Applicant shall not place any watercraft on the publicly owned
beach. Refueling of watercraft shall be done on private property only.
Owner
13. ~pp~~t-and Business Operator Mark Robinson agree not to assign or
otherwise transfer their rights under the Waiver until the new Applicant has
submitted to the city manager a signed statement that the new Applicant agrees
to be bound by all of the conditions and requirements of this ordinance.
14. The provisions of Section 114.78 (Revocation) relating to six citations
issued within a fiscal year of the city shall be applicable to the Applicant
or their employees only. The provisions of Section 114.78 (1) (b) relating to
nine citations issued within a fiscal year of the city shall be applicable to
customers of the Applicant.
15. Any and all persons violating the City's ordinance shall be subject to
citations and if found guilty by a competent court of jurisdiction, shall be
subject to the penalties provided in the ordinance or as imposed by court.
Business Owner
16. The ~r%eant shall obtain all occupational licenses r~quired by the
code to conduct the activities proposed under the waiver.
this
IN WITNESS WHEREOF, the
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undersigned parties have executed this Agreement
,
day of :J,I!Uu-l-'<'Y, 199p, for the purposes stated herein.
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Countersigned:
CITY OF CLEARWATER, FLORIDA
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By
City Manager.
Approved as to form and
correctness.
Attest:
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WITNESSES:
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Kenneth A. Sunne
By
Title Power of Attorney for:
Charles and Ypapanti Alexiou
(owners) a+51a=RonryITT~~~I~~~
WITNESSES:
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