PADDLEBOATS AND SAILBOATS
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WAIVER AGREEMENT
THIS WAIVER AGREEMENT, made and entered into this day of
, 1984, by and between the City of Clearwater, Florida,
a municipal corporation, hereinafter referred to as "City" and J. P. Hotels, D/B/A
Holiday Inn Surfside, 400 Mandalay A venue, Clearwater, Florida, hereinafter called
"Applican t. "
WIT N E SSE T H:
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 faithfully observe, keep and perform the conditions
hereinafter described.
CONDmONS 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 150 feet south of the north property line of Applicant's property and
the southern extremity of said corridor shall be 190 feet south of the north property
line of Applicant's property. The use of any other water areas included under the
provisions of Section 114.43 of the Code for any of the activities hereinafter described
is prohibited.
, 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) Six (6) "Aqua Cycle" paddleboats
(b) Four (4) "Hobie Cat" sailboats.
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.
4. Said corridor shall be used only for the purpose of moving Applicant's
rental 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 purpose.
5. No other watercraft except the rental 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 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 the easement recorded in O.R. , page , of the Public
Records of Pinellas County, Florida.
9. Applicant agrees that no mechanically propelled watercraft shall be
operated under power within the said corridor.
10. Applicant is familiar with the provisions of Sections 114.43.7 and
114.43.9 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.
Coun tersigned:
Mayor-Commissioner
Approved as to form and
correctness:
City Attorney
WITNESSES:
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CITY OF CLEARWATER, FLORIDA
By
City Manager
Attest:
City Clerk
J. P. HOTELS D/B/A
HOLIDA Y INN SURFSIDE
By
Attest:
7 (J. I.~ .,
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Secretary
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