CORRESPONDENCE RE INSURANCE COVERAGE
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CLEARWATER
POST OFFiCE BOX 4748
C LEA R W ATE R. F LOR IDA 33518..:.. 4748
CITY MANAGER
Copies to:
Commis~ion
Press
City Attorney
City Clerk
Date
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August 27, 1984
Angler Motel, through the partners
George and Charlotte Robb
Angler Motel
464 North Gulfview Boulevard
Clearwater, Florida 33515
Dear Mr. and Mrs. Robb:
Please observe the attached letter dated August 2, 1984,
addressed to Mr. George Robb from Mr. Bill Burchfield, Harbor-
master, concerning insurance coverage required by the Waiver
Agreement dated March 8,1984.
After attempting to work with Mr. Mark Robinson and Mr. Dick
Van Ducer, the insurance agent for West Coast Water Sports,
to ameliorate this problem, the requirements of the Waiver
Agreement covering insurance have not been resolved.
We have worked through Mr. Mark Robinson's organization, as
we understood from Mr. Burchfield that you desired that the
resolution of the problem be handled in that manner.
I have also attached two letters from E.W. Siver and Associates
which outline the problem that we have encountered.
The problem needs to be resolved at the earliest possible time.
I am requesting that you advise your insurance agent to provide
to Mr. Lee Custer, E.W. Siver and Associates, the insurance
coverage necessary to provide the insurance requirements of the
Waiver Agreement.
If the insurance requirements of the Agreement are not supplied
to Mr. Custer within 30 days, I shall be required to recommend
"":qual F.mployment and AllirmatilJl! Action F.mployer"
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George and Charlotte Robb
August 27, 1984
Page Two
cancellation of the Waiver Agreement. Please do not construe
the above 30~day notice as a temporary waiver of the insurance
requi.rement of the Agreement.
If you have any questions, please contact me.
Yours very truly, .
4~O~
~ ~f-. eimer
istant ity Manager
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enclosures
Anthony L. Shoemaker, City Manager/
Bill Burchfield, Harbormaster
Mark Robinson, West Coast Water Sports
Lee Custer, E.W. Siver and Associates
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C I T Y
OF
CLEARWATER
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 33518 - 4748
OFFICE OF
HARBORMASTER
August 2, 1984
Mr. George Robb
Angler Motel
464 N. Gulfview
Clearwater, FL
Blvd.
33515
Dear Mr. Robb:
Please see the attached memo from Assistant City Manager Gerald Weimer
relating to insurance coverage required by your waiver agreement.
Mr. Weimer has determined that the policy submitted by your agent,
Mr. Mark Robinson, does not provide the coverage required by the
agreement, is therefore unacceptable to the city and creates cause
for cancellation of the agreement.
You a~e urged to 1nsure that the appropriate insurance is se~ured
immediately with copies of the policy or policies furnished for review
by Mr. Weimer and to be filed with the Clearwater City Clerk. Please
contact Mr. Weimer directly at 462-6700 if you have questiQus.
Your prompt attention is urged.
Sincel:el.Y,
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Bill Bu::chEel. ,.:/
Harbormaste:
cc: Gerald B. Weimer
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E.W. SIVER & ASSOClATES, INC.
9400 FOURTH STREET NORTH. P.O. BOX 21343. sr. .PErERSBURG. flORIDA 33742 TELEPHONE (813) 577-2780
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jCIIYIlANAGER J
August 16, 1984
FROM: E.W. Siver & Associates, Inc.
TO: Mr. Gerald B. Weimer
Assistant City Manager
City of Clearwater
RE: Watercraft Risk
I have again spoken by telephone with Dick VanDucer,
insurance agent for West Coast Water Sports, Inc.
(Windsurfing International, Inc.).
Unfortunately, and as suspected, the outcome was less
than conclusive. His agency, as we now understand. it,
merely provides a very basic package of insurance for
dealers of sailboards. Under this "Association Plan"
there is some, but-not much (according to Mr. VanDucer),
latitude in what can be provided. In this instance, the
liability coverage has been expanded to include
(although the wording used to do so is poor) Hobie Cat.
Rentals and coverage for a work boat.
West Coast Water Sports, Inc., Mr. VanDucer claims, has
nothing to do with (I) sailboats, (2) windsurfer sail
craft, (e) watercraft ferrying parasail customers,
(4) placement of corridor markers, (5) policing the area
in question so as to keep other watercraft and indivi-
duals at a safe distance, (6) providing a safety watch -
all as noted in the Waiver Agreement.
Mr. VanDucer believes, and we are inclined to agree,
that it is incumbent upon the Angler Motel - who is the
only second party listed in the Waiver Agreement - to
provide coverage for the items listed above.
CONSULTANTS: INSURA.'lCE. RISK MANAGEMENT, EMPLOYEE BENEFll;). LOSS CONTROL
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E.W. S1VER&.AssoClATES, INc.
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Mr. Gerald B. Weimer
August 16, 1984
P age Two
It is our recommendation that the insurance agent for
the Angler Motel, through the partners - George and
Charlotte Robb, be furnished with a copy of (1) the
Waiver Agreement, (2) our acknowledgment to you of
July 31, 1984 and (3) this acknowledgment and be
instructed to provide (directly to us, if you wish) evi-
dence of insurance as required.
In addition, West Coast does - at a minimum - need to
provide an endorsement listing the City as an Additional
Insured (which Mr. VanDucer claims does exist, even
though we do not have a copy).
Mr. Weimer, should you have other ideas or wi~h to
discuss this subject in greater detail, please feel free
to call.
Prepared By: Lee E. Custer, RM
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E. W. SIVER & ASSOCIA TIS, INC.
9400 FOURTIi STREET NORTH. P.O. BOX 21343. ST. PETERSBURG. FLORIDA 33742 TELEPHONE (813) 577-2780
July 31, 1984
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FROM: Lee E. Custer, RM
TO: Mr. Gerald B. Weimer
Assistant City Manager
City of Clearwater
RE: Watercraft Risk
As related during our telephone conversation July 31,
1984, we have now had an opportunity to review the
material which you addressed to Bob Siver July 23, 1984
- specifically (1) a Waiver Agreement involving the City
and George and Charlotte Robb, d/b/a Angler Motel, (2) a
Certificate of Insurance evidencing General Liability
coverage for Windsurfing International, Inc., and
(3) portions of the General Liability policy covering
Windsurfing International.
We assume that the intent here was to have the
"applicant" (Angler Motel) provide insurance to the
extent that the City waived the provisions of Section
114.43 of the City Code of Ordinances. The material
submitted does not accomplish this objective. As
. examples:
1. There is no evidence of any coverage provided by
Angler Motel.
2. With respect to insurance available to Windsurfing
International (who is not party to the Waiver
Agreement), the material submitted included the stan-
dard Watercraft exclusion: '"This insurance does not
apply (1) to bodily injury or property damage
CONSlJl.T.-\NTS: INSURANCE. RlSK MANAGEMENT. EMPLOYEE BENEFITS. LOSS CONTROL
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Eo w. SIVER&. AssocIATES. INC.
Mr. Gerald Weimer
July 31, 1984
P age Two
arising out of the ownership, maintenance, opera-
tion, use, loading or unloading of any watercraft
owned or opera~ed or rented or loaned to any Insured
or (2) any other watercraft operated by any person
in the course of his employment by any insured; II .
The only modification of this exclusion is an endorse-
ment which says that "a sailboard manufactured by
Windsurfing International is not a watercraft" and
that "coverage also applies on a workboat." Another
endorsement says "Additiona1 Insured Endorsement -
Hobie Cat Rental", whatever that might mean.
3. The material submitted included a Certificate of
Insurance showing Windsurfing as the Insured and the
City of Clearwater as a Certificate holder. The
certificate also contains the statemeht: "This- cer-
tificate is issued as a matter of information only
and confers no rights upon the certificate holder.
This certificate does not amend, extend or alter the
coverag~ afforded by the policies listed below. II
Mr. Weimer, we shall be happy to discuss this subject in
greater detail during our Risk Management Committee
meeting August 3, 1984 or any time which is convenient
should you wish to do so.
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WAIVER AGREEMENT
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. '-m THIS WAIVER AGREEMENT, made and entered Into this J day of
~~, t 1984, by and between the City of Clearwater, Florida,
a municipal corporation, hereinafter referred to as "City" and George and
Charlotte Robb, a family partnership, d/b/a Angler Motel, 464 N. Gulfview Boulevard,
Clearwater, Florida, hereinafter called "Applicant."
WITNESSETH:
That in consideration of the covenants contained herein, the City agrees to
a limited waiver of the provisions of Section 114.43 of the City Code of Ordinances as
hereinafter described and enumerated. As a condition of the granting of said limited
waiver, the Applicant agrees to faithfJ.llly observe, keep and perform the conditions
hereinafter described. I ,
CONDITIONS OF AGREEMENT
1. Said waiver shall apply only to a water corridor extending from the
shoreline westward of Applicant's property to a point 300 feet westward of said
shoreline. Said corridor shall be 40 feet in width. The northern extremity of said
corridor shall be !:in ' feet south of the north property line of Applicant's property
and the southern extremity of said corridor shall be 90 feet south of the north
property line of Applicant's property. The use of any other water areas incl.uded under
the provisions of Section 114.43 of the Code for any of the activities hereinafter
described is prohibited. '
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2. Within the said water corridor, Applicant or Applicant's authorized
agent may launch and retrieve rental watercraft of the type(s) hereinafter described:
(a) "Hobie cat" and "Sunfish" sailboats and windsurfer sailcraft;
(b) Manually propelled watercraft ferrying parasail customers.
3. Applicant shall insure that said 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 the limited waiver, is
conducted within said corridor.
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4. Said corridor shall be used only for the purpose of moving Applicant's
rental and service watercraft from the shoreline abutting Applicant's property to the
open waters of the Gulf of Mexico and return, and shall not be used for any other
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purpose.
5. No other watercraft except the rental and service watercraft of 'the
Applicant or Applicant's agent herein designated shall use 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
maintain a distance of at least 300 feet from the shoreline until ready to return, and
shall return only through the said corridor.
7. Applicant agrees to provide a safety watch on the waters of the said
corridor at all times when said corridor is used by Applicant's watercraft to insure the
safety of swimmers or others in the water who may stray into the said corridor.
8. Applicant agrees that Applicant's rental watercraft shall, when not in
use, be stored on Applicant's upland property in such a manner so as not to block or
interfere with public use of shoreline 'area westward of Applicant's property.
9. Applicant agrees that no mechanically propelled watercraft shall be
operated under power Ylithin the said corridor.
10. Applicant is familiar with the provisions of Sections 114.43.7 and
114043.9 of the City Code relative' to the power' of the City to revoke the waiver which
is the substance .of this agreement for cause and to remove and impound watercraft in
violation thereof.
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11. Applicant agrees to provide personal liability and property damage
insurance in the amount of $1,000,000 (One Million Dollars) covering the activities
permitted under this waiver naming the City as 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.
ciT~ OF CLEARWATER, FLORIDA
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Attest:
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City Clerk
WITNESSES:
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GEORGE AND CHARLOTIE ROBB,
a family partnership d/b/a Angler Motel
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GeOrge Robb '
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Charlotte Robb
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