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05-25 RESOLUTION NO. 05-25 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING A SECOND ADDENDUM TO THE COMMERCIAL DOCKING PERMIT FOR STORAGE OF VESSELS AT THE CLEARWATER MUNICIPAL MARINA INCORPORATING A NUMBER OF RULES AND REGULATIONS, POLICIES AND PROCEDURES NEEDING DOCUMENTATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater wishes to authorize a second addendum to the commercial docking permit for storage of vessels at the Clearwater Municipal Marina incorporating a number of rules and regulation, policies and procedures needing documentation, a copy of which is attached to this resolution and incorporated herein by reference; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves authorizing a second addE;mdum to the commercial docking permit incorporating these rules and regulations, polices and procedures. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of August ,2005. ~6~~ r ~ ~k V. Hibbard. f Mayor Approved as to form: ~ ~RI3/n~ Assistant City Attorney Attest: Resolution No. 05-25 SECOND ADDENDUM TO COMMERCIAL DOCKING PERMIT THIS SECOND ADDENDUM TO THE COMMERCIAL DOCKING PERMIT is made and entered into this day of , 2005, on behalf of the CITY OF CLEARWATER, FLORIDA, a municipal corporation, 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 preoayinq your monthly 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. . Any electricity used by tenant will be billed separately. Fuel Payment Policy - 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 yearly. 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 Harborm3ster 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-day 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-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 day. the slip will become Second Addendum to Commercial Docking Permit 08-04-05 available for a new tenant unless an extension is specifically authorized by the Maine & 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. · Living aboard commercial vessels is prohibited. Stayinq 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." · Any 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 approval 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 willfully 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 to 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.) Additional ch3rges will be :ldded to the slip rent of 3ny tonant using 3bnorm31 3mounts of ':.'ater. All electric, telephone, dock box, cable and dock office rental charges will be paid by the commercial slip tenant. ***** 2 Second Addendum to Commercial Docking Permit 08-04-05 5. Section 8 - SIGNAGE AND DISPLAY OF FISH:***** · Code Enforcement has stipulated that vehicles advertising businesses are currently permitted in the Marina lot if parked in an inconspicuous space away from the roadway. . A television displayinq commercial. service is considered a movinq sjqn by Code and a potential traffic or pedestrian hazard and therefore prohibited. · Siqns carried. waved or otherwise displayed by persons intended to draw attention for commercial purpose are also prohibited. This includes three-dimensional obiects 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-day 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 61 sl day. The slip shall not be vacated for more than 120 days. On the 121s1 day. the slip will become available for a new tenant unless an extension is specifically authorized by 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 riqht to use the slip for transient dockaqe and the holder of the dockinq permit may not permit any other vessel not personally 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: ***** 3 Second Addendum to Commercial Docking Permit 08-04-05 " · Marina policy 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 Frank V. Hibbard Mayor By: William B. Horne, II City Manager Approved as to form: ~ 7)'i)~ . ~,. .. 1;0 >;;nlas i3ry D. Ruff Y Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 4 Second Addendum to Commercial Docking Permit 08-04-05