LICENSE AGREEMENT
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LICENSE AGREEMENT
,JHIS. . LICENSE AGREEMENT ;s entered as of the /7 -[:;. day of
&6 cJ 5 ( , 1992, by and between the CITY OF CLEARWATER, FLORIDA, a
Florida municipality, hereinafter referred to as "Licensor," and ANDERSON BAY
CRUISES, INC., a Florida corporation, hereinafter referred to as "Licensee."
WITNESSETH:
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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 1 icense, right and privilege
to dock and moor the vessel "Admiral" at Slip No. 152 at the Marina. The vessel
"AdmiraP 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)
Stee 1 hu 11
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. Licensor shall have the right to
designate the hours of departure of Licensee's excursion vessel between 8:00 a.m.
and 2:00 p.m. daily.
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3. The license herein granted shall be for a term of five (5) years
commencing on October 1, 1992.
4. The Licensee shall pay a slip rental in the amount of $600.00 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.
5. The Licensee shall at all times during the term hereof comply 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. The 1 i cense here i n granted is persona 1 to the Licensee and is
contingent upon the continued majority ownership and management of Licensee by
Phil M. Henderson throughout the term of this license. Neither this license nor
any right arising under this license may be assigned, transferred or encumbered
in any manner, except that the license and rights arising under the license may
be assigned or transferred to Phil M. Henderson personally, but not thereafter
to any other person. The sale of a majority ownership of Licensee to any person
other than PhilM. Henderson, or the employment of any other person as its chief
executive officer acting without the personal supervision and control of Phil M.
Henderson, during the term of this license, shall be deemed an assignment in
violation of this paragraph and just cause for cancellation of this license by
the City. This paragraph shall be construed broadly so as to secure for the City
the continued services of Phil M. Henderson in a business relationship in which
personal confidence in his experience and skill has induced the City to renew
this license in accordance with the terms herein set forth.
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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 for 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 invitees.
The Licensee shall acquire and continuously maintain a policy or policies
of insurance with the following coverages and limits, in which the City shall be
named as an additionai 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.
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IN WITNESS WHEREOF, the parties hereto have caused this License Agreement
to be executed on the day and year first above written.
Approved as to form and
correctness:
ATTEST:
J#UR o. /~
Secretary
By:
Attest:
CY~e'P.iiu~u=~:~
Clty lerk . _' ". >~_
::~ER~S~
resident
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COMMERCIAL DOCKING PERMIT
CITY OF CLEARWATER, FLORIDA
FACILITY (Jt....i~/Wl-wlrll1;,1t /1-t /JI4tf/A-
SLIP NO.
152-
MONTHLY RENTAL $ to t) DOCK BOX $ COMMENCING
VESSEL NAME~.../liL REG./OR DOC.I ])bL./lt3oDECLARED VALUE $ !:S/I1/f-.Ud.v
O/A Hull length Ft. /00 In. Hull beam Ft. 32 In. Draft ..5/~ if
Owner Name If7J M ({ ~ IJ f3..Mt 0Ctt1 SC S , / jJ e RES X NON - RES
(
Address Ph & X 3:33s- (ko/iYL Phone (H) l/t/c, -U/~ (W) '/02 -Z(;lf
Pill L /lf~ tJfS;-J:) .f)beJZJJ/l!
CL./)/if?- Phone (H) tfl./~ -~ ~/Z (W) t.J6:Z'-2.6 2j!
Expiration 3/ (JcT 9;;
1. Owners Agent or Operator
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Address ! 6 (> )(
333 S
U.S. Coast Guard License #
c; 3993s
2. Owners Agent or Operator
Address
Phone (H)
(W)
U.S.Coast Guard License #
Manufacturers Name f) I~ Ii. ~JJ
Expiration
Q !<lJl::r
Manufacturers serial number of vessel D ~ 1./ I b 3 D
Fuel (G)
19P/
(D) X .
Model Year
HULL MATERIAL: WOOD
ALUMINUM
STEEL
K
FIBERGLASS
PROPULSION: INBOARD )( OUTBOARD
INBOARD/OUTBOARD
SAIL
TYPE OF COMMERCIAL OPERATIONS: ~(~flT~6/fi), ~ blAJAlEI( CIGt//J~
9 z- 3 :?of1~
NORMAL DAYS AND HOURS OF OPERATIONS: 36 ~ 7 Pq o~HC~ - (!f2(.(Ir-t:=:.-t 7-/()fJ~
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.
CON D I T ION S
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. 114.303 and Sec. 114.312).
EXHIBIT A
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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
Sec. 114.303 and Sec. 114.311)
J. 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.
4. SALE OF COMMERCIAL VESSEL(Sl 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. A police check of
the new tenant, plus reference check will also be conducted by the
Harbormaster's office. In the event a unacceptable police check is received
on a prospective commercial tenant, the docking permit will not be transferred
or approved.
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.
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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 rental of space or other services, or
from damages caused to docks or other 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. 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 tranquility 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 maintenance.
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 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
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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.
Passage tickets sold on the docks shall be sold only at established booths
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.
A. Waste Oil - All waste oil must be pla~ed 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 pumpout 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.
~. 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
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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. In the event of emergencies such as hurricanes, floods, other acts of
God, or unsafe conditions arising from the condition of the vessel, the
holder of the docking. permit may be required to remove the vessel from the
marina. Owner(s) agrees to remove the vessel upon notification from the
Harbormaster's office of the impending conditions or be responsible for all
damage the vessel causes to docks, pilings and structures of the marina.
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 B 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 unexpired rental shali 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
previously ~:~sel/owner.
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