Loading...
REVOCABLE PERMIT TO INSTALL AND MAINTAIN MOORING BUOYS ....-"" '9 . REVOCABLE PERMIT THIS REVOCABLE PERMIT entered into this Day of 4~, A.D. 2005, by and between the City of Clearwater, Florida, a municipal corporation, herelnaft call "City", and Quality Boats of Clearwater, Inc., a Florida corporation, hereinafter called "Quality Boats"; WIT N E SSE T H: That in consideration of the covenants herein contained, on the part of Quality Boats to be kept and performed, the City does hereby grant a Revocable Permit to Quality Boats to install and maintain mooring buoys in the following described water area in Clearwater, Pinellas County, Florida: That certain water basin area bounded on the South by the Causeway to Clearwater Beach, on the East by Island Way, on the North by Island Estates and on the West by the City of Clearwater Marine Aquarium and docks; said area being set forth in detail on the attached drawing, marked Exhibit "A", and made a part hereof. Said use of the described water area shall be non-exclusive and shall be subject to the conditions and provisions as set forth below. ~\&) 1. The term of this Permit shall commence ~~( C/ ,2005, and shall continue thereafter until terminated by the mutual consent of the pa e~ hereto or by furnishing written notice of termination in accordance with Paragraph 4 or 7 hereof. Quality Boats covenants with the City to pay rental therefore in the sum of Two Thousand Seven Hundred Fifty-five Dollars and Eight Cents ($2,755.08) per year, payable monthly at Two Hundred Twenty-nine Dollars and Fifty- nine Cents ($229.59) per month, with the first monthly payment to be made on fi\~ \ ~, and a like payment of Two Hundred Twenty-nine Dollars and Fifty-nine Cents ($229.59) tb be made on the first day of each month thereafter during the term of this Permit, as well as any increase applied to dockage for all tenants. Quality Boats shall also pay any and all applicable taxes, including State of Florida sales or use or ad valorem taxes which shall be charged or levied. 2. Quality Boats shall immediately, at its expense, apply for and obtain a permit from the U.S. Corps of Engineers for the installation of the mooring buoys and furnish to the Harbormaster of the City of Clearwater a copy of same before commencing the installation of said buoys. 3. Quality Boats covenants and agrees to provide, install and maintain at its expense three (3) mooring buoys, of an approved type, located according to the drawing attached, marked Exhibit "A", and made a part hereof, all under the direction and approval of the Harbormaster of the City of Clearwater, Florida. 4. Either party may at any time terminate this Permit by giving thirty (30) days' written notice of said termination to the other party. Upon termination of this Permit for any reason, Quality Boats shall within thirty (30) days from the date of the notice of termination, at its expense, remove the buoys and any appurtenant equipment from the described water area. 5. Quality Boats shall make no unlawful, improper or offensive use of the area and shall not assign this Permit without the written consent of the City, and Quality Boats shall not use said area Revocable Permit for mooring buoys 1 ... , for any other purpose than a mooring area for vessels being worked on; not a sublet for wet storage. Buoys installed under this Permit, and vessels moored thereto, shall neither block navigation within the basin nor hamper ingress and egress to other marine facilities located within the basin. 6. Quality Boats hereby covenants and agrees, at its expense, to carry and maintain an insurance policy for liability insurance insuring the City from any and all claims or demands occasioned by any person or persons using said area during the Permit term and said insurance shall be in the minimum amount of Five Hundred Thousand Dollars ($500,000) per occurrence in said area as a result of Quality Boats' use thereof, which policy shall name the City as an additional insured; a copy of such insurance policy shall be deposited with the City during the term of this Permit and Quality Boats shall pay all premiums required thereby. 7. If Quality Boats shall violate any of the covenants of this Permit, the City may immediately terminate this Permit by giving notice in writing to Quality Boats and Quality Boats hereby waives all right of notice and the City shall be entitled to compel immediate removal of all mooring devices allowed under this Permit. 8. Notices hereunder shall be given by certified mail and shall be deemed given when the letter is deposited in the mail, postage paid, and addressed to the City Manager, City of Clearwater, PO Box 4748, Clearwater, Florida 33756, and Quality Boats of Clearwater, Inc. 235 Windward Passage, Clearwater, Florida 33767. 9. This Revocable Permit shall be binding upon the successors and assigns of the parties hereto. WITNESS our hands and seals the day and year first above written. Countersigned: ~/~ "-J21ank V. Hibbard Mayor CITY M::WATER. FLORIDA By: ~ th.:'4VL ~-;::J William B. Horne II City Manager S;:L?~,'~ B D. Ruff / Assistant City Attorney Quality Boats of Clearwater, Inc. By: ~ By: Revocable PeFmit for mooring buoys 2 ;-~:::-~ --'~C' ~,*:-, ~.,' ; . I I. . ~ I ' /' --..........l;;J'" . ..1... ,..~D;" ......./r> . ~. 1/;(;' '''''UU'-... '41i'D : ~ r ' ~ ~ k- s ~ '. II; ,1'<) .; /) I;~'., ~ r Ulv/~ .IS A I /'" if - ........ \. t I. ", , ~~.. .' . .~ ".... "........... . ~u.}~ ""'_""'~. . '<:~r~ ........ ~......~Q~..~~~._...... ........ "0 ...... <l; .t: ' . ".. "-... . ""~ ., .... ~~.... ...,...". . : .,~~4.;;;;""""""""""'''~ .. . .........~~........-: ........ -............ .......~ ,........ . .. '" ...... -... . .,. -.::--......... .. , ::s:.: .. ....... ...........~.... " ,_.-.........:. ". ..':' ..~"! ..~. " -~ Note: Basin depth ..' ~t mean low water .>, '. I~: ""1 ;Proposed Mooring Buoy" Installation at lsland Estates of Clearwater, 'Florida for Quality Boats of Clearwater, Inc, 235 Windward Passage Clearwater, Florida 33767 Taken from C. & G.S. Chart #858 I I EXHIBIT ItA II