LAUNCH AND RETRIEVE WATERCRAFT (2)
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WAIVER AGREEMENT
THIS WAIVER AGREEMENT, made and entered into this
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, 1990, by and between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation, hereinafter referred to as "City" and Equitel/JP
Hotels, hereinafter referred to as "Applicant", d/b/a HOLIDAY INN SURFSIDE,
400 Mandalay Avenue, Clearwater, Florida 34630, telephone (813) 461-3222.
WIT N E SSE T H:
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. Applicant shall establish and maintain, at Applicant's expense, a
marked corridor extending from the shoreline westward of Applicants's property
to a distance of 300 feet due west of the mean high water line. Said marked
corridor shall be 40 feet in width on the east end, widening to 80 feet in
width on the west end. The northern extremity of said marked corridor shall
be 150 feet south of the north property line of Applicant's property and the
southern extremity of said marked corridor shall be 190 feet south of the
north property line of Applicant's property. 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 Applicant.
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 Applicant may launch and retrieve
watercraft of the types hereinafter described:
Six (6) manually propelled aqua cycles.
Two (2) hobie cats.
Four (4) mechanically propelled wave runners.
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. Applicant shall maintain a safety watch in the water and warn all
swimmers to stay out of the corridor until watercraft has cleared the area.
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Applicant 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 Applicant shall warn watercraft operator to yield the right-of-way
to any swimmer.
6. The Applicant shall insure that all watercraft meet federal and state
safety equipment requirements.
7. The Applicant 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 Applicant 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 (exhibit 2).
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 Applicant 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 Applicant. The
Applicant will also advise the Harbormaster, in writing, of the color or
identification markers on their watercraft.
10. The Applicant shall instruct customers to stay clear of the Pier 60
fishing pier by staying outside the buoys marking the artificial reefs.
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.
12. The Applicant shall not place any watercraft on the publicly owned
beach.
13. The Applicant agrees not to assign or otherwise transfer its rights
under the Waiver until the new Applicant has submitted to the city manager a
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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.
16. The Applicant shall obtain all occupational licenses required by the
code to conduct the activities proposed under the waiver.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement
this
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day Of~-.~ , 1990, for the purposes stated herein.
Countersigned:
CITY OF CLEARWATER, FLORIDA
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By
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City Manager
Approved as to form
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Attest:
By
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Equitel/JP Hotels (owner)
d/b/a Holiday Inn Surfside
Title
BY4k (}2~.
eter Periotis, President
Suncoast Beach Services, Inc.
(Business Operator)
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