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LICENSE AGREEMENT TO DOCK/MOOR STARLIGHT MAJESTY I I LICENSE AGREEMENT ~.~ ;2J ~~~~ THIS LICENSE AGREEMENT, is entered as of the ~day of Au.jLt l> ~, 1997, by and between the CITY OF CLEAR WATER, FLORIDA, a Florida municipality, hereinafter referred to as "Licensor", and ANDERSON BAY CRUISES, INC., a Florida corporation, hereinafter referred to as "Licensee." WITNESSETH: WHEREAS, the Licensee has requested a license agreement with the City to dock a 100 foot dinner cruise vessel at the Clearwater Municipal Marina (herein, the "Marina"), and the City is willing to enter into a license agreement with the Licensee in accordance with the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the promises and covenants set forth herein, it is mutually agreed as follows: 1. The City hereby grants to the Licensee a license, right and privilege to dock and moor the vessel "Starlight Majesty" at slip number 152 at the Marina. The vessel "Starlight Majesty" is described and identified more particularly as follows: Vessel Registration No. 641630 Overall Hull Length - 100 feet Hull Beam - 32 feet 3 Decks (2 enclosed) Steel Hull 2. The right and privilege to dock and moor granted by this license shall be nonexclusive in character. The right of mooring and docking herein conferred shall include the right to embark and disembark passengers, guests and visitors to the vessel; the right to come in and go out from the pier when conducting excursions in the Clearwater area; and the right to receive guests, visitors and the general public while docked. 3. The License herein granted shall be for a term of five (5) years commencing on October 1, 1997. 4. The Licensee shall pay a slip rental in the amount of $1,119.30 per month, due and payable on the first of each month, plus taxes and electric charges. The Licensee's slip rental shall increase at the same percentage as other marina commercial tenants on the anniversary date each year. (! ~<oon Bay Cruises Uc.... Ag.......... ({:;do Page 1 l,'~,"'(j ~ ('" (' (q 5. The Licensee shJI at all times during the term thereof coLply with the conditions of the standard commercial docking permit of the City, a copy of which is attached hereto as Exhibit A. To the extent that the terms of the standard commercial docking permit may be inconsistent with the terms of this agreement, the terms of this agreement shall control. 6. Licensee further convenants and agrees not to assign, mortgage, pledge, hypothecate or sublet this License or any of its right herein in whole or in part without the prior written permission of the Licensor. 7. The Licensee shall at all times defend, indemnify, protect and save harmless the City and its officers, agents and employees from any and all claims and liability, including expenses incurred in defending against any claim and liability of death of or injury to persons or damage to property, including the slip, that may in whole or in part arise from or be caused directly or indirectly by any operation conducted upon or any use or occupation of the slip by the Licensee pursuant to the provisions of this agreement, or by any act, omission or negligence of the Licensee, or by any failure of the Licensee to comply with any of the terms or conditions of this License or any applicable federal, state or municipal law, ordinance or regulation, excluding the negligence of the City or its officers, agents or employees. As used herein, "Licensee" includes any of its agents, officers, employees, licensees, permittees, or mVltees. The Licensee shall acquire and continuously maintain a policy or policies of insurance with the following coverage and limits, in which the City shall be named as an additional insured: Comprehensive general liability insurance to include premises! operations liability, contractual liability, independent contractor liability and products! completed operations liability in an amount not less than $1,000,000 combined single limit bodily injury liability, personal injury liability and property damage liability. A copy of such policy or policies shall be provided to the City. 8. The License herein granted may be canceled for just cause by either party upon providing sixty (60) days notice of termination to the other. 9. The Licensee shall not have the right to erect or place any structure or other appurtenance within the area of the slip which is the subject of this agreement without the express permission of the City. Licensee acknowledges that the Licensor, at it's option, may alter, modify or remove the existing structure on the west end of the slip for any public Anderson Bay Cruises License Agreement Page 2 purpose without the consen~ of the Licensee. I IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed on the day and year first above written. Countersigned: By: City of Clearwater, Florida J---- Michael J. Roberto City Manager Rita Garvey Mayor-Commissioner Approved as to form: Attest: ??~~ John Carassas Assistant City Attorney ~_. -. ~S . ..~. f::L ~cP.~ C~ thia E. Goude~u City Clerk ATTEST: ANDERSON BAY CRUISES, INC. fi}!PA. /kJ~ President 1 c-,/, /_L V<~/ dL ~~d~ Secretary Anderson Bay Cruises License Agreement Page 3 ..., '. .-': ~ity of Clearwater Marine Department I 25 Causeway Boulevard, Clearwater, Florida 33767 Telephone (813)462-6954 Fax (813) 462-6957 COMMERCIAL DOCKING PERMIT t; Monthly$ 11/9."3 D J Vessel Name Jfc.r !/I-e Facility: C/I'L-r-w-t.~.r JIv,..... '''-'0. Slip # / JL Dock Box $ Beginning Of, / I Y 97 Reg/Doc# Gtj /630 Declared Value $ Overall Hull length FT./oo IN._ Hull Beam FT. ~ IN. Owner Name /JI'tJ~/ p^ Dcy Crt--r'Je S ::t::t (.... Address .PO B >;L J 3 )0 C li'l-/""-'/"~ rl 3)7'7 Phone H 1. Owners Agent/Operator yA'I A. /kytkrJC3>'"\. , ';:"" f6 Address 2/7 ~ Lo{,,,'::..... /Jr-. ;3~/~t./ J5r /.... r't Phone H ~3-S-1,,'(' /) '~Jfy Draft 6 / Res. N onRes. L-- WLit2-)G2 p W 0"J-. -1-62;] 2. Owners Agent/Operator Address U.S. Coast Guard License # Manufacturers Name Qu~-l'"" C.r... II.- Manufacturers Serial # Phone H W Expiration Date Model Year 1'111 Hull Material Wood Aluminum (Diesel) ~ Fiberglas Sail Fuel (Gas) Steel ~ Inboard/ Outboard (r"I"'~ /I;< LrJ~e, '--) "'1110'1 J. .f ... "".Ly /.2 ;.J:J ;"'?O-?,,\ - /o,~ ~'"'-o I Propulsion Inboard I~Outboard Type of commercial operation f), it. A ././" Normal days and hours of operation ~~J The undersigned hereby makes application for a docking permit and for the above designated berthing accommodations for the vessel named herein. By his signature below, the applicant acknowledges having read, understood and agrees to abide by all conditions of this permit as printed hereon and by the Rules and Regulations governing occupancy of the space and use of the facility. By signature of its authorized official, the City of Clearwater approves the issuance of this docking permit subject to the terms and conditions referred to below. CONDITIONS 1. This permit is non-transferable and applies only to the above named vessel, owner and/or operator, facility and space. The City reserves the right to discontinue furnishing these accommodations, that is, to cancel this permit and change the rental rate for space by giving or mailing notice in writing to the owner or operator at either of the above addresses (Code of Ordinances Sec. 33.027 and Sec. 33.028). 2. For the initial period of occupancy, rental is payable three months in advance. Rental for any subsequent period is payable monthly in advance. No refunds will be made for any unused prepaid period. (Code of Ordinances See, 33.028 and Sec. 33.029) 3. Commercial vessels are not permitted to carry more passengers than approved by a United States Coast Guard license and all commercial vessel operators must be licensed by the U.S.c.G. and comply with the rules and regulations published by them. Revised 4/1/97 Commercial Docking Permit 1371-16 Exhibit A Page 1 I I 4. SALE OF COMMERCIAL VESSEL(S) NAMED IN DOCKING PERMIT The following policies and procedures are, by reference, made a part of the docking permit for all commercial vessels berthed at the Clearwater Municipal Marina and other city owned facilities authorized for commercial vessels: a) Should the holder of a commercial docking permit decide to sell the vessel named in this application, the permit holder shall advise the Harbormaster in writing of his/her intent to sell said vessel prior to consummation of the sale. The permit holder shall further advise as to his/her intent to either retain the slip for another vessel to be acquired by the permit holder or to relinquish his claim to further use of the slip at the time of sale. b) If the seller elects to relinquish the slip, the purchaser will, upon approval of a docking permit application and payment of dockage fees, be issued a commercial docking permit for the slip in question. c) If the seller elects to retain the slip for another vessel, he will have ninety (90) days from the date of sale to acquire a replacement vessel, titled in his name, and place it in the slip. The seller may request in writing an extension of the ninety (90) day period, not to exceed 180 days. Should he fail to comply, his docking permit will be revoked and the slip will be assigned to another person on the waiting list. During this period, the city will have the right to use the slip for transient dockage and the holder of the docking permit may not permit any other vessel not personally owned by him to be placed in the slip. d) When the seller elects to retain the slip, the purchaser will have not more than four (4) weeks following the sale to remove the vessel from the slip. The purchaser will be charged the daily transient rate for any period the vessel is docked at the marina in excess of the four week period. e) All new commercial tenants, prior to signing a new docking permit, will meet with the Harbormaster for an explanation of marina rules. The new commercial tenant will be asked to provide at least three personal references. In the event unsatisfactory references are received on a prospective commercial tenant, the docking permit will not be transferred or approved. f) The new owner of a commercial business at the Marina will be required to maintain the same type operation and the same vessel for a one year period. After one year, a change of operation or vessel can be requested. If during the one year period, the new owner fails to follow the conditions of this paragraph, the commercial docking permit will be canceled. 5. Living aboard commercial vessels is prohibited unless authorized by the Harbormaster or his assistant. Subleasing of space or permitting any vessel not named in this permit to use the space named herein is not permitted. Any other vessel mooring within this space may do so only with the prior written permission of the Harbormaster, who will charge the daily transient rate currently in effect. Any owner expecting to vacate his slip for any period in excess of seven (7) consecutive days shall notify the Harbormaster in advance. 6, Moving to different locations or transferring vessels between spaces within the facility may be effected only with prior written permission of the Harbormaster. 7. The City shall have a lien against the vessel named herein and it's appurtenances for unpaid sums due for Revised 4/1/97 Commercial Docking Permit 1371-16 Page 2 111111_1 t '. ... .... ~ rental of space or other servicesl:>r from damages caused to docks or otltr city owned property by their vessel. 8. Vessels shall be kept in a seaworthy condition, and shall create neither fire hazard, eyesore, or sinking hazard. If a vessel is observed in an unsafe condition, the owner(s) will be directed by the Harbormaster to remove the vessel from the Marina. Owner(s) agree to remove the vessel upon notification by the city of an unsafe condition(s) or to be held responsible for all and any damage caused by the vessel to Marina docks, pilings and structures. The owner shall keep the vessel properly moored and dry within at all times. Routine maintenance and minor repair necessary for the preservation and seaworthiness of the vessel such as mechanical adjustment, minor painting, leak seals and rot prevention may be performed within the marina. Such repairs are generally considered to be those which: a) Do not disturb the public peace and tranquillity of any person aboard any vessel within the jurisdiction of the marina. b) Do not contribute to a disorderly or unsightly appearance during the process of repair or mamtenance. c) Are capable of accomplishment with hand tools or certain portable power tools normally carried aboard the vessel. d) Are confined to the vessel. e) Do not pollute or put wastes in marina waters. 9. All vessels underway within the marina basin shall be operated at idle speed. 10. No commercial operation shall interfere with the public's use of the marina area or infringe upon the normal operation of any other persons who are authorized to conduct business within the marina. A determination by the Harbormaster will be accepted as final in evaluating and limiting activities which may infringe upon the rights of others. Disorderly conduct which includes threats to harm people or property of any other tenant, marina employee or member of the public by a tenant, his employees or visitors will be subject to immediate removal from the marina. Also, public intoxication, profanity or abusive language directed at anyone will not be tolerated. 11. Vessel owners hereby authorize the City to board their vessel to make adjustments to mooring lines or to move the above described vessel, as may be required in an emergency situation, or to avoid loss or damage to city owned facilities. The City shall be held harmless by the owner of any liabilities whatsoever or for any damage occasioned thereby. 12. All commercial vessels shall display a sign which shall give the name of the vessel, owner, captain and type of operation. The sign size will be regulated by the Harbormaster and be in compliance with the city sign ordinance. Small portable signs may be placed on the dock or seawall when the vessel is underway. In port the owner/captain must keep the portable sign on board the vessel. Also, unless specifically modified and approved by the Harbormaster, the commercial operation shall not conduct business other than that specified in the docking permit. Upon returning to the marina, the operator may display and dress fish as a service to patrons. These services shall be conducted in a manner as determined most suitable by the Harbormaster. 13. Distribution of advertising materials, solicitation of any kind, or sale of tickets for any vessel carrying passengers for hire is prohibited upon the docks, sidewalks, seawall, parking lots or other public places. Revised 4/1/97 Commercial Docking Permit 1371-16 Page 3 Passage tickets sold on the do~s shall be sold only at established booLs or at the vessel. An operator may not have more booths than vessels operating. It shall be the duty of the owners/operators to keep such booths and all adjacent areas clean and free of all encumbrances. No booth may be moved or relocated without written permission of the Harbormaster. 14. Swimming, diving, fishing and cast netting is prohibited from marina docks and seawalls. 15. No refuse shall be thrown overboard at the marina. Garbage and trash shall be deposited in containers provided for that purpose. Oil spills shall be reported immediately to the Harbormaster's office. Vessel owner shall not store supplies, materials or accessories upon, nor make any changes, alterations or additions to docks, catwalks, seawalls or other public property without prior written permission from the Harbormaster. rJr WASTE OIL - All waste oil must be placed in the waste oil tank which is located in the marine service shop area. Waste oil must not be placed in garbage cans, pails or liners or dumped into marina waters, Sewage pump-out facilities are available at the fuel dock. This service is available to all permit holders at no charge. 16. The following documents or certified copies must be on file with docking permit: a) Current business occupational license from the city and county. b) U.S. Coast Guard Inspection Certificate, issued within the last year (Inspected vessel only) c) Valid and current Captain's license issued by the U.S.c.G. for each operator of above described vessel. d) Proof of applicant's ownership of the vessel. e) A map showing proposed routes over which the applicant desires to operate, length of the trip (miles), time schedules and days of operation (applicable to dinner cruise and sightseeing vessels only). 17. Water shall not to be wasted. Water siphons are not permitted except in emergency. Additional charges will be added to the slip rent of any tenant using abnormal amounts of water. All electric charges will be paid by the commercial slip tenant. 18. This facility is to be used at the sole risk of the owner of said vessel, and City shall not be liable or responsible for the care or protection of the vessel, including gear, equipment and contents, or for any loss of damage or whatever kind of nature to said vessel, howsoever occasioned. There is no guarantee or warranty of any kind as to the condition of the piers, catwalks, ramps, or mooring gear, nor shall the City be responsible for injuries to persons or property occurring thereon or for any reason whether herein specifically stated or not. Owner agrees to hold the City harmless and indemnify it of all loss, damage or liability or any kind claimed by reason of any act or failure to act on the part of the owner, his agents, employees, or guests in the use of mooring space for the vessel. 19. Each commercial vessel owner at this Marina will provide a Hurricane Plan to the Harbormaster. The Hurricane Plan should be a detailed list of action on what you will do with your vessel in the event of a hurricane. It is strongly recommended that the owner move the vessel from the Marina and anchor it in a hurricane hole or other safe location. If the owner plans on leaving the vessel at the Marina dock, he/she must include a drawing on Exhibit 1, showing how the vessel will be secured. The Marina will require all mooring lines to be at least doubled and that the owners secure all loose items and that a number of fenders be placed on the vessel to protect it and the city dock(s). Prior to the arrival of the storm, the city will video tape the condition of the docks and vessels. In the event the persons identified in Exhibit 1 cannot be contacted, Marina personnel will secure the vessel(s) as best they can to protect city docks. The Hurricane Plan must be included as Exhibit 1 of the Docking Permit. Under current law, the boat owner has the right to leave his/her vessel at the Marina during a hurricane. The boat Revised 4/1/97 Commercial Docking Permit 1371-16 Page 4 /'. - owner has a general obligation f keep his/her vessel in a secure conditiln at the dock and to not do harm to the dock or other boats. The standards of care are those of a reasonably prudent vessel owner. 20. No outside labor craftsmen may work on any vessel in the marina, without first obtaining permission from the Harbormaster's office. Work may be allowed on a vessel if it causes no public nuisance to other marina tenants. Such work may be performed between the hours of 8 a.m. and 5 p.m. The city may not be held liable for any damages or negligence from outside labor working on vessels within the marina 21. Should breach of the conditions of this permit occur, the rights herein conferred shall terminate immediately and the City may remove the vessel from the mooring space. The owner shall pay any cost incident thereto, and any un-expired rental shall be forfeited. 22. Waiver of any conditions by the City shall not be deemed to be a continuing waiver. 23. This permit shall not be construed as granting any property interest in the slip or facility, but shall be deemed a license agreement subject to all of the terms contained herein and the applicable ordinances of the city. 24. This permit, when fully executed will replace any docking permit previously issued to the vessel! owner. ~A,L~ plicant tbb- Date Harbormaster Date Revised 4/1/97 Commercial Docking Permit 1371-16 Page 5 I I EXHIBIT I HURRICANE PLAN FOR VESSEL DATE Phone 1. Name of Person responsible Address 2. Name of Alternate Person Address Phone The marina office will contact the person responsible for the Hurricane Plan or alternate when a Hurricane Watch is declared for the Clearwater Area. It is the responsibility of the owner of the vessel or alternate to make arrangements to either secure the vessel in the slip for the storm or to move it, as indicated in question 3 below. 3. Do you intend to leave your vessel in the slip at Clearwater Marina during a hurricane? Yes No (Check one) 4. If the answer to question 3 is no, please indicate where you will take the vessel or anchor it: 5. If the answer to question 3 is YES, please indicate in the space below exactly how you will secure the vessel in the slip, showing the size and amounts of mooring lines, amount and size of fenders and any other information you feel is necessary: (A drawing of the vessel and slip will satisfy this requirement) 6. It is the responsibility of the vessel owner and holder ofthe docking permit to insure that the Hurricane Plan for their vessel is kept up to date and current with the City of Clearwater, upon signing the docking permit. Applicant Date Harbormaster Date Revised 4/1/97 Commercial Docking Permit 1371-16 Page 6 .'. ~ ..