LAUNCH AND RETRIEVE WATERCRAFT
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WAIVER AGREEMENT TO CHAPTER 33, ARTICLE V, VEHICLE-RESTRICTED AREAS
THIS WAIVER AGREEMENT, made and entered into this 1~.
day of ~, 1994, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City"
and Charles Alexiou and Ypapanti Alexiou, "Owners", 7 Rockaway
Street, Clearwater, Florida 34630.
~lIEREAS, Chapter 33, Article V, Code of Ordinances of the
city of Clearwater currently restricts the operation of all vessels
from certain specified waters on Clearwater Beach; and
WHEREAS, said ordinances provide for a waiver from said
restrictions under certain conditions;
WITNESSETH
That in consideration of the covenants contained herein, the
City agrees to a limited waiver of the provisions of Chapter 33,
Article V, Code of Ordinances of the City of Clearwater (Ordinance
No.4960-90), as hereinafter described and enumerated.
As a
condition of said limited waiver, the Owners agree to faithfully
observe, keep and perform the conditions hereinafter described.
1. Owners shall establish and maintain, at its 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
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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 Owners.
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, Owners may launch and
retrieve watercraft of the types hereinafter described:
Five (5) 16-18 foot catamarans.
Four (4) personal watercraft (wave runners).
One (1) parasail, propeller driven, launching craft.
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.
4. Owners shall maintain a safety watch in the water and
warn all swimmers to stay out of the corridor until watercraft has
cleared the area. Owners 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. Owners shall warn watercraft operator to yield the right-
of-way to any swimmer.
6. Owners shall insure that all watercraft meet federal and
state safety equipment requirements.
7. Owners shall provide operators renting watercraft a
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written form notifying the watercraft operators of special
operating conditions set forth in section 33.119, Code of
Ordinances of the City of Clearwater, and of the applicable fine
for violating any of the conditions. Before permitting rental
watercraft to be operated within the corridor, Owners 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. Owners shall purchase and maintain liability insurance
for bodily injury and property damage resulting from the operation
of all watercraft, with coverage in the amount not less than
$500,000.00, and with the City named as additionally insured, and
the owners shall provide the City's Risk Manager with a copy of
each insurance policy or policies and endorsements and amendments
thereto obtaining from an insurance company licensed to conduct
business in the state of Florida.
9. Owners agree that watercraft shall be color coded or
otherwise plainly marked 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 Owners. Owners shall also advise the
Harbormaster, in writing, of the color or identification markers on
their watercraft.
10. Owners 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
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northward.
11. Owners shall not place any structure seaward of the
coastal construction control line of Owner's property without
obtaining required state and city permits.
12. Owners shall not place any watercraft on the publicly
owned beach. Refueling of watercraft shall be done on private
property only.
13. Owners agree not to assign or otherwise transfer their
rights under the Waiver until such transferee or designee has
submitted to the City Manager a signed statement that such
transferee or designee agrees to be bound by all of the conditions
and requirements of this waiver and the above referenced ordinance.
Reference in this waiver agreement to Owners shall be deemed to
include and pertain to Owners' designated business operator unless
specified otherwise.
14. The provisions of section 33.121 relating to revocation
shall apply with full force and effect to this waiver.
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.
16. Owners shall obtain all occupational licenses required by
the code to conduct the activities proposed under the waiver.
17. All previous waivers and amendments thereto related to
the above described property are hereby revoked and declared to be
null and void.
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IN WITNESS WHEREOF, the undersigned parties have executed this
Agreement this 1-hf day of ~, 1994, for the purposes
stated herein.
Rita Garvey
Mayor-Commissioner
Approved as to form
and legal sufficiency:
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Paul Richard Hull
Assistant city Attorney
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CITY OF CLEARWATER, FLORIDA
By:
Deptula
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Attest:
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~tf~y
e neth A. Sunne
Power of Attorney for:
Charles and Ypapanti Alexiou
(Owners)
By:
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SUNNE & LOCKE, P. A.
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ATTORNEYS AT LAW
1151 N. E. CLEVELAND STREET
CLEARWATER. FLORIDA 34615
TELEPHONE
(6131461-3100
FAX 441-9007
KENNETH A. SUNNE
JOHN C LOCKE
November 7, 1994
Mr. Michael Preston
Rockaway Grill
7 Rockaway Street
Clearwater, Florida
34630
Re:
Alexiou, Charles and Ypapanti
Our File No. S-2514-1
Dear Frenchy:
We have signed and returned a ropy of the Waiver Agreement between the Oty and the
Alexiou's ronceming operation of the wave runners, catamarans and the parasaillaunching craft which
was required.
We have advised Mr. Held, the Harbonnaster, that we would contact you to have the
owner/operator of the boat business sign a statement that he will comply with Sections 33.117 and 33.119
of the Clearwater City Code.
This statement needs to be taken care of as soon as possible and should be sent to William
C. Held, Jr., Harbonnaster, City of Oearwater, 25 Causeway Boulevard, Oearwater, Florida 34630.
We appreciate your handling this matter.
Very truly yours,
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cc: William C. Held, Jr.
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SUNNE & LOCKE, P. A.
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KENNETH A. SUNNE
JOHN C. LOCKE
NOV 081994
ATTORNEYS AT LAW
1151 N. E. CLEVELAND STREET
CLEARWATER. FLORIDA 34615
TELEPHONE
(813) 461-3100
FAX 441-9007
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November 7, 1994
Mr. William C. Held, Jr.
Harbormaster
City of Clearwater
25 Causeway Boulevard
Clearwater, Florida 34630
Re: 7 Rockaway Street
Clearwater Beach, Florida
Alexiou, Charles and Y papanti
Our File No. S-2514-1
Dear Mr. Held:
In accordance with your letter of October 10, I enclose herewith a signed and
dated copy of the Waiver Agreement between the City and the Alexiou's.
We are sending a letter to Michael Preston (Frenchy) asking him to have the
owner / operator of the boat business sign a statement that he will comply with Sections
33.117 and 33.119 of the Clearwater City Code.
Please advise if anything more is required of this office.
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Enclosure