Loading...
LAUNCH AND RETRIEVE WATERCRAFT (4) <.. .;/ ~-" '.... J I WAIVER AGREEMENT this cJ'l~ day of ~AIVER AGR~~~ENr. made and entered into / ,19~, by and between the CITY OF CLEARWATER, FLORIDA, a mu licipal corporation, hereinafter referred to as "City" and WEST COAST SAILING CENTER, INC., a Florida corporation, 3025HaverfordDt. Clearwater, Florida 34621, and Charles and Ypapanti Alexiou d/b/a PENQUIN PALACE RESTAURANT, 7 Rockaway Street, Clearwater, Florida 34630, hereinafter called "Applicant." WIT N E SSE T H: That in consideration of the covenants contained herein, the City agrees to a Ti"in1.ted waiver of-theprovisio-nsoT-Se-cfion rr4-~71-oI-tne-CTty---Coae-6T------ Ordinances as hereinafter described and enumerated. As a condition of said limited waiver, the Applicant agrees to faithfully observe, keep and perform the conditions hereinafter described. 1. This agreement shall apply only to a water corridor extending westerly from the mean high water line (MHWL) of the Gulf of Mexico, westward of the property located 7 Rockaway Street, to a point 300 feet westward of the ~IWL. Said corridor shall be 40 feet in width on the east end, widening to 80 feet in width on the west end. The northern extremity of the corridor shall be 50 feet south of the westerly extension of the southern boundary line of Rockaway Street. The use of any other portion of the restricted swimming area described in Section 114.71 of the Code for any of the activities hereinafter described is prohibited. 2. Within the water corridor, the Applicant may launch and retrieve watercraf-t -of -the types hereinafter described: (a) Eight (8) sailboards (b) Four (4) aqua cycles (c) Five (5) 16-18 feet catamarans (d) One (1) "sunfish" sailboat 3. Applicant shall insure that the corridor is marked with buoys conforming to the Uniform State Marking System ,and of a type satisfactory to the City at all times when any boating activity permitted under this agreement is conducted within the corridor. 4. The corridor shall be used only for the purpose of moving Applicant's rental and service watercraft through the corridor to the open waters of the Gulf of Mexico and return, and shall not be used for any other purpose. 5. No watercraft except the rental and service watercraft of the Applicant herein designated shall IJse the said corridor for any purpose whatsoever. Applicant agrees to actively assist in preventing any other use. 6. Following launching, Applicant's rental and service watercraft shall pass through the corridor and thereafter maintain a distance of at least 300 feet from the MHWL until ready to return, and shall return only through the corridor. 7. Applicant agrees to provide a safety watch on the waters of the corridor at all times when the corridor is used by Applicant's watercraft to insure the safety of swimmers or others in the water. in the corridor. .;/--- ~'t~ c,IJllvo .', (\~ ': I I ." 8. Applicant's watercraft shall, when not in use, be stored in such a manner so as not to block or interfere with the public use of the shoreline area between the high water and low water lines of the beach. 9. Applicant agrees that no powered watercraft shall be operated under power within the corridor. 10. Applicant is familiar with the provisions of Article VI of Chapter 114, Clearwater Code of Ordinances, including but not limited to the provisions relating to the power of the City to revoke this waiver agreement for cause and to remove and impound watercraft in violation thereof. 11. Applicant agrees to provide and maintain personal liability and -,,- ...._~ -.----_.---- ---_.----- --._--------~.. - property damage insurance in th;a~~~~t-of-$T,ooo:OOO-(One-MilT:ron DollarS) --- covering the activities permitted under this agreement and naming the City as an additional insured, and to provide the City Clerk with a copy of such insurance policy or policies. IN WITNESS WHEREOF, this agreement is executed as of the date first herein written. CITY OF CLEARWATER, FLORIDA BY: a~ ~ --t2L-. Ron H. Rabun, City Manager Approved as to form and Attest: correctness: ~~ .-' -. -"' ~ ___ 0.- - ~C.-- ~~[~.- ~/~.~~~~ cynth' a E. 9_ou,~e~~i-:- City ._GterJ: City Attorney Attest: WEST COAST SAILING CENTER, INC. ---~~ Q~~ By: .~QiL Secretary Mark Robinson, President Witnesses as to Charles and Ypapanti Alexiou CHARLES ALEXIOU ~//~ Kenneth A. Sunne Attorney for Charles and '~ ~ YPAPANTI ALEX.IOU -- U;Y, . J Y~it:fl:~ Ypapanti Alexiou, Property Owners 1 I STATE OF FLORIDA COUNTY OF PINELLAS A F F I D A V I T BEFORE ME, the undersigned authority, personally appeared KENNETH A. SUNNE, who after being first duly sworn, deposes and says that he is the authorized agent of Charles Alexiou and Ypapanti Alexiou, owners of the property located at 7 Rockaway Street, Clearwater, Flor ida, and that fu r thermore, he has discussed the operation of West Coast Sailing Center, Inc. westward of the Alexiou property and obtained approval of said operation. Further Affiant saith not. --/ SUBSCRIBED AND SWORN to before me this 19th day of April, 1990. I } H () flY I. 'I, ,/1 (U.JI) ~ Notary PublIc My Commission Expires: ..-------;--' , . I I e RESOLUTION West Coast Sailing Center, Inc. 3025 Haverford Drive Clearwater, FL 34621 I, the undersigned hereby certify to of hereinafter referred to as "Bank", that I am the Secretary of West Coast Sailing Center, Inc., a corporation duly organized and existing under the laws of the State of Florida, that the following is a true copy of resolutions duly adopted by the Shareholders of said corporation at a meeting duly held at 309 South Garden Avenue, Clearwater, Florida J~r.lJ~' ,'..tl r.:ir J}r 1\1&::J_\'it ,19}Q i1t wlli-:-I' i' f.'!-'l'.'rJlHl )V;~.' iPfr:-:sp.nt ?nD v.othg' thro'~l'hQ/lt .or by llnanimolls written consent .of all Shareholders and that such resolutions have not ;' been rescinded or modified. RESOL VED, that Mark Robinson, Secretary of this corporation, with the approval of the President, is hereby authorized to open such accounts in the name and on behalf of West Coast Sailing Center, Inc. as he may deem necessary and that checks of this corporation, signed by Mark Robinson, President, shall be honored and paid by such Bank and charged to the account of this c:orporation. FURTHER RESOLVED, that of IS designated as a depository of this corporation and that the officers and agents of this corporation hereby are authorized to deposit any of the funds of this corporation in such Bank, either at its head office or at any of its branches. FUR THER RESOLVED that until the further order of the Shareholders, any funds of this corporation deposited in such Bank be subject to withdrawal or charge at any time upon checks, notes, drafts, bills of exchange, acceptances, undertakings, or other instruments or orders for the payment of money when made, signed, drawn, accepted or endorsed on behalf of this corporation by Mark Robinson, President. I I FURTHER RESOLVED that the Bank is hereby authorized to pay any such instrument or make any such charge and also to receive the same from the payee or other holder without inquiry as to the circumstances of issue or the disposition of the proceeds even if drawn to the individual order of any signing person, or payable to such Bank or others in his account, or tendered in pay ment of his individual obligation, and whether drawn against an account in the name of this corporation or in the name of any officer or agent of this corporation. FUR THER RESOLVED that the Secretary of this corporation shall certify to said Bank the names of the persons who are at present the duly elected, and qualified officers of the corporation and shall from time to time hereafter, as changes in the personnel of said offices are made, immediately certify such changes to the Bank, and said Bank shall be fully protected in relying on such certification of the Secretary and shall be indemnified and saved harmless from any claims, demands, expenses, loss, or damage resulting from or growing out of honoring the signature of any officer so certi- fied, or refusing to honor any signature not so certified. FUR THER RESOLVED that the foregoing resolutions shall remain In full force and effect until written notice of their amendment or rescision shall have been received by said Bank, and that receipt ot" such notice shall not affect any action taken by the Bank pr ior thereto. FUR THER RESOLVED, that the Secretary be, and hereby is, authorized and directed to certify these resolutions to said Bank, and that the provisions thereof are in confor mity with the Charter and the By-Laws of this Corporation. I FURTHER CER TlFY that the following are the names and official signatures of the present officers and authorized agents of this corporation: NAME Mark Robinson OFFICE SIGNATURE President ~G.. ~~~ Secretary/Treasurer ~ ~~ Mark Robinson . I I ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the Seal for the corporation this day of , 19 (Corporate Seal) ~Q2- MARK ROBINSON, Secretary WEST COAST SAILING CENTER, INC. I ALSO HEREBY CERTIFY TO THE BANK THE FOREGOING. :' '----y--yy~Q j QJL---- MARK ROBINSON, President WEST COAST SAILING CENTER, INC.