SECOND ADDENDUM TO PRIVATE DOCKING PERMIT
SECOND ADDENDUM TO PRIVATE DOCKING PERMIT
THIS SECOND ADDENDUM TO THE PRIVATE DOCKING PERMIT is made
and entered into this I()~ day of , 2005, on behalf of the CITY OF
CLEARWATER, FLORIDA, a municipal c poration, hereinafter referred to as "City" for
CURRENT PRIVATE DOCK PERMIT TE ANTS AT THE CLEARWATER MUNICIPAL
MARINA.
WHEREAS, the City wishes to make certain changes to the Private 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 Private Docking Permit as
follows:
1. All language referring to "Harbormaster" is to be replaced by "Marine &
Aviation Director or his designee."
2. Section 1 - CONDITIONS & AUTHORITY:
***** This permit shall not be construed as granting any property interest in
the slip or facility, but shall be deemed a license aqreement subject to all
of the terms contained herein and the applicable ordinances of the City.
*****
Section 1 A - REQUIRED DOCUMENTS:
Copies of the current Florida vessel reqistration will be provided to the
Marine & Aviation Director or his desiqnee vearlv. as well as all applicable
renewal documents.
3. 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.
4. Section 6 - LAW, RULES AND REGULA TIONS:*****
· Living aboard vessels is prohibited. Private tenants may stay
aboard a total of 8 niqhts per month.
Second Addendum to Private Docking Permit 08"04-05
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. 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
Marine & 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
available for a new tenant unless an extension is specificallv
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.
. 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.
. 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 cont3iners provided for th3t purpose the
dumpsters.
. Water shall not ta 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 lonq as a shut-off nozzle or other water efficient
device is used. (Except as water restrictions may be imposed.)
Additional charges will be added to the slip rent of any tenant using
abnormal amounts of water. All electric, telephone, dock box, and
cable 3nd dock offioe rent31 ch3rges will be paid by the slip tenant.
*****
5.
Section 7 - SALE OF PRIVATE VESSEL(S) NAMED IN DOCKING
PERMIT: *****
. If the seUef tenant elects to retain the slip for another vessel, he will
have ninety (90) 60 days from the date of sale to acquire a
replacement vessel, titled in his name, and place it in the slip. A
Second Addendum to Private Docking Permit 08-04-05
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 Marine & 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. +He
seller tenant may request in writing one extension of the 90 60 d3Y
period, not to exceed one hundred eighty (180) 120 days. On the
121st day. the slip will become available for a new tenant unless an
extension is specificallv 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. Should he fail to comply, his docking
permit will be revoked and the slip will be assigned to another
person on the 'Naiting 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.
*****
6. Section 9 - EMERGENCIES, HURRICANES OR OTHER ACTS OF
GOD: *****
. 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
By~;.,.~~--:J]:
William B. Horne, II
City Manager:
X, e tYJ#~
F-FEf'flk V. Hibbard
Mayor
Approved as to form:
~ 4'
~~ 2) IIB/3/05
Bry, D. Ruff
Assistant City Attorney
Attest:
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Second Addendum to Private Docking Permit 08-04-05