SECOND ADDENDUM TO COMMERCIAL DOCKING PERMIT
SECOND ADDENDUM TO COMMERCIAL DOCKING PERMIT
THIS SECOND ADDENDUM TO THE COMMERCIAL DOCKING PERMIT is
made and entered into this IO~ day of ~.L.t- , 2005, on behalf of the CITY
OF CLEARWATER, FLORIDA, a municipal cor ation, hereinafter referred to as "City"
for CURRENT COMMERCIAL DOCK PERMIT TENANTS AT THE CLEARWATER
MUNICIPAL MARINA.
WHEREAS, the City wishes to make certain changes to the Commercial Dock
Permits at the Clearwater Municipal Marina, the City agrees to add the second
addendum as of August 4,2005 pursuant to the terms described herein.
NOW THEREFORE, the City agrees to amend the Commercial Docking Permit
as follows:
1. All language referring to "Harbormaster" is to be replaced by "Marine &
Aviation Director or his designee."
2. Section 2 - PAYMENT OF DOCKAGE FEES:*****
Prepayments: You will receive a discount when prepavinq your monthlv
slip rent in 6 months and 12 months increments as follows:
· 6 months prepayment will receive a 2.5% discount.
· 12 months prepayment will receive a 5% discount.
· Anv electricitv used bv tenant will be billed separatelv.
Fuel Payment Policv - Payment for fuel must be obtained at the time of
purchase. If the credit card is declined. a check or cash must be received
prior to the boat leavinQ the fuel dock slip.
3. Section 3 - REQUIRED DOCUMENTS:*****
· Copies of the current Florida vessel reQistration will be provided to
the Marine & Aviation Director or his desiQnee vearly. as well as all
applicable renewal documents.
*****
4. Section 7 - LAW, RULES AND REGULATIONS: *****
· Any owner expecting to vacate his slip for any period in excess of
seven (7) consecutive days shall notify the H3rbormaster Marine &
Aviation Director or his desiQnee in advance in writinQ.
· If the slip will be vacated for 60 consecutive days. the tenant will
notify the Marine & Aviation Director or his desiQnee of the vacancy
prior to the departure of the vessel. A request for an extension of
one 60-dav period shall be made in writinq and may be approved at
the Marine & Aviation Director's discretion. Failure to notify the
Maine & Aviation Director of the need for a 60-dav extension will
result in termination on the 61st day. The slip shall not be vacated
for more than 120 days. On the 121 st dav. the slip will become
Second Addendum to Commercial Docking Permit 08-04-05
available for a new tenant unless an extension is specifically
authorized bv the Maine & Aviation Director due to extenuating
circumstances. Extenuatinq circumstances will be determined on a
case-by-case basis. and will be at the discretion of the Marine &
Aviation Director or his desiqnee.
· The City reserves the right to use any empty slip for temporary
transient boaters, after verifying by phone that the permanent
tenant will not be using the slip, without subsidizing the dock permit
holder. The electric usage for this period of use by the transient
boater will not be charged to the permanent tenant.
· Living aboard commercial vessels is prohibited. Stavinq aboard
overniqht on a commercial vessel is also prohibited.
· After a bus. shuttle or recreational vehicle unloads their
passenqers. they should be directed to proceed to suitable parkinq
outside the marina. There are no parkinq spaces for oversized
vehicles in the marina lot.
· Fire code related to City Marina iet ski rental - All fuelinq of marine
craft shall be conducted in the absence of the "public."
· Anv structural modifications in the marina must be requested in
writinq to the Marine & Aviation Director or his desiqnee. You will
then be directed to Planninq & Zoninq who will explain the desiqn
quidelines for the beach and will base aDProval of your plans on
your proiect's inteQration with those quidelines. as well as explain
the permit process.
· It shall be unlawful for any person to willfullv make. continue or
cause to be made or continued any loud and raucous noise which
because. of its volume level. duration and character. annoys.
disturbs. iniures or endanqers the comfort health. peace or safety
of reasonable persons of ordinary sensibilities within the limits of
the City. This Development Code Section 3-1508 includes enqine
exhaust.
· No refuse shall be thrown overboard at the marina. Garbage and
trash shall be deposited in cont3inors provided for th3t purpose the
dumpsters.
· Water shall not te be wasted. The Florida Administrative Code
40D-22 states washinq vehicles. cars. boats. boat motors and
recreational vehicles may be washed on any day. at any time when
necessary. as 10nQ as a shut-off nozzle or other water efficient
device is used. (Except as water restrictions may be imposed.)
/\ddition31 oh3rges will be 3dded to the slip rent of 3ny tenant using
abnormal 3mounts of w3ter. All electric, telephone, dock box, cable
and dock office rental charges will be paid by the commercial slip
tenant.
*****
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Second Addendum to Commercial Docking Permit 08-04-05
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5. Section 8 - SIGNAGE AND DISPLAY OF FISH:*****
· Code Enforcement has stipulated that vehicles advertising
businesses are currentlv permitted in the Marina lot if parked in an
inconspicuous space away from the roadway.
· A television displavinQ commercial service is considered a movinQ
siqn bv Code and a potential traffic or pedestrian hazard and
therefore prohibited.
· Siqns carried. waved or otherwise displaved bv persons intended to
draw attention for commercial purpose are also prohibited. This
includes three-dimensional objects that are used as siqns.
*****
6. Section 9 - SALE OF COMMERCIAL VESSEL (S) NAMED IN DOCKING
PERMIT: *****
· Tenant shall be permitted to sell tenant's business and assign the
agreement rights and obligations to a new tenant. In such case,
the new tenant (purchaser) shall be restricted to operate the
purchased business and tenant's vessel. Any change will be at the
discretion of the Harbormaster. (ref. paraqraph #1) ***
· If the tenant elects to retain the slip for another vessel. he will have
60 days from the date of the sale to acquire a replacement vessel
titled in his name and place it in the slip. A request for an extension
of one 60-dav period shall be made in writinq and may be approved
at the Maine & Aviation Director's discretion. Failure to notify the
Maine & Aviation Director of the need for a 60-day extension will
result in termination on the 61st day. The slip shall not be vacated
for more than 120 days. On the 121 st dav. the slip will become
available for a new tenant unless an extension is specifically
authorized bv the Marine & Aviation Director due to extenuatinq
circumstances. Extenuatinq circumstances will be determined on a
case-by-case basis. and will be at the discretion of the Marine &
Aviation Director or his desiqnee how to handle. Durinq this period.
the City will have the rioht to use the slip for transient dockaqe and
the holder of the dockinq permit may not permit any other vessel
not personallv owned by him to be placed in the slip.
· When the tenant elects to retain the slip. the purchaser of the
vessel will have not more than four (4) weeks followinq the sale to
remove the vessel from the slip. The purchaser will be charqed the
daily transient rate for any period the vessel is docked at the marina
in excess of the four-week period.
7.
Section 11 - EMERGENCIES, HURRICANES OR OTHER ACTS OF
GOD: *****
Second Addendum to Commercial Docking Permit 08-04-05
· Marina policv reqardinq electric shutoff to the Fuel Dock and slips:
If a hiQh tide reaches the top of the lowest docks, we shut off the
power to the lowest docks. If the tide reaches the bottom of the fuel
dock. we shut off the power to all the docks, includinQ the fuel dock
pumps until it is safe to be turned back on.
IN WITNESS WHEREOF, the City has set their hands and seals the day and
year above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Bydl~7;I
William B. Horne, II
City Manager
~,.-e ;/ ~~ ~
F4 nk V. Hibbard '
Mayor
Approved as to form:
~~.... vr.ZJ ~RIJ/oS
B D. Ruff
Assistant City Attorney
Attest:
"......-
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Second Addendum to Commercial Docking Permit 08-04-05