LAUNCH AND RETRIEVE WATERCRAFT (3)
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WAIVER
A P P L I CAT ION
AND
A G R E E MEN T
THIS WAIVER APPLICATION AND AGREEMENT, made and entered into this o?#J/ day
Ol
of , 199j, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporati n, hereinafter referred to as "CITY" and James R. Gray, Trustee,
declaration of trust, January 2, 1989, and Wadid and Sam Moussa, Lessees,
hereinafter called "APPLICANT", d/b/a HOLIDAY HOUSE MOTEL, 470 N. Gulfview
Boulevard, Clearwater, Florida 34630, telephone (813) 447-4533.
This Waiver Application and Agreement encompasses the beach front property
located at 470 N. Gulfview Boulevard, Clearwater, Florida 34630, whose legal
description is: Lots 9, 10, 11, and 13 and the land lying west of the platted
lots to the mean high water mark of the waters of the Gulf of Mexico, in
Clearwater Beach Park, Plat Book 10, page 42, according to the Official Record
of Pinellas County, Florida.
WHEREAS, The Applicant, on March 6, 1989, entered into a Settlement
Agreement with the City wherein Article C., Item 12, on Page 5, of the
Agreement provides and states in part: "With respect to the use of the Beach
Property the Applicant agrees to comply with the provisions of Article VI. of
Chapter 114, Clearwater Code of Ordinances, and the City agrees it will not
unreasonably withhold any waiver that may be sought pursuant to such article."
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 Ordinance No. 4960-90, 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. The Applicant shall continue to maintain in good repair, at his
expense, weather conditions permitting, a marked corridor extending westerly
from the mean high water line of the Gulf of Mexico, directly westward of the
Applicant's property located at 470 North Gulfview Boulevard, Clearwater, FL
34630, to a distance of 300 feet due west of the mean high water line. Said
marked corridor shall be 40 feet in width on the east end, bordering the mean
high water line of the Gulf of Mexico and widening to 80 feet in width at the
western point of the corridor beyond the regular and normal swimming use of
the waters by the public, it being further agreed that no other portion of the
restricted swimming area other than the marked corridor may be used for
launching or retrieving watercraft under the control and operation of the
Applicant. The corridor shall be visibly marked with buoys conforming to the
uniform state waterway marking systems and defining the marked corridor. Only
one watercraft shall operate within the corridor at anyone time, except
manually powered watercraft and chase or emergency boats. Applicant agrees
that only one marked corridor shall be permitted on his upland beach front
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property. A drawing of the marked corridor is attached as Exhibit 1.
2. The Applicant shall make every attempt to bar other operators of
watercraft from using the marked corridor and will promptly report any
watercraft operators who refuse or ignore such demands not to use same.
3. Within the marked corridor, the following watercraft, owned or directly
under the control of, and a part of the concession business, may be launched
and retrieved by the Applicant:
(a) a maximum of six (6) jet propelled wave runners.
(b) a maximum of six (6) manually propelled aqua cycles.
(c) a maximum of six (6) wind surfing boards.
(d) a maximum of six (6) manually powered paddle boats.
(e) a maximum of six (6) small sailboats.
(f) a maximum of four (4) canoes.
(g) a maximum of one (1) parasail, propeller driven, launching raft.
It is further agreed by the applicants that a maximum of twenty (20) of any
combination of the foregoing watercraft, shall be permitted to operate during
any single time period. No more than six (6) shall be jet propelled wave
runners and no more than one (1) shall be a parasail, propeller driven,
launching raft. The chase or emergency watercraft will not be included in the
maximum amount of watercraft allowed.
4. The Applicant shall provide watercraft operators renting watercraft a
written form notifying the watercraft operators of the special operating
conditions set forth in Section 114.765, Code of Clearwater, and of the
applicable fine for violating any of the conditions. Before permitting rental
watercraft to be operated within the corridor, the applicant shall have the
watercraft operator sign the form, acknowledging that the operator has read
and understands the form and will comply with the special operating
conditions. (Exhibit 2)
5. During periods of active use of rental watercraft, the Applicant shall
maintain a safety watch in the water and warn all swimmers to stay out of the
corridor until watercraft have cleared the corridor and shall insure that all
operators utilize the marked corridor at all times in a safe, cautious and
prudent manner and proceed through the corridor at idle speed, or the minimum
slow speed necessary to maintain control and safe steerage of the watercraft.
6. The Applicant shall warn watercraft operators to yield the right-of-way
to any swimmer.
7. The Applicant shall purchase and maintain liability damage insurance
from an insurance company with an A.M. Best rating of A plus or higher
for bodily injury and property damage resulting from the operation of all
watercraft, with coverage in the amount not less than $500,000 and with the
city named as an additional insured, and the applicant shall provide the city
clerk with a copy of each insurance policy or policies and all endorsements
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and amendments thereto.
8. All watercraft operated as part of the business, shall comply with all
United states Coast Guard requirements, and only licensed boat captains shall
operate propeller-driven watercraft carrying passengers for hire. Applicant's
propeller-driven parasail barge is exempt from propeller guard requirements.
9. The Applicant shall insure that all watercraft meet all federal and
state safety equipment requirements.
10. The Applicant agrees that at least one chase or emergency watercraft
shall be available for use by the Applicant whenever rental watercraft are in
operation.
11. The Applicant agrees that watercraft shall be color coded or otherwise
plainly marked so as to permit the identification of the ownership of the
watercraft from a distance of 100 yards, and so as to distinguish the chase or
emergency watercraft from the other watercraft of the Applicant. The
Applicant will also advise the Harbormaster, in writing, of the color or
identification markers on their watercraft.
12. The Applicant shall instruct customers to stay clear of the Pier 60
fishing pier by staying outside the buoys marking the artificial reefs.
13. Applicant shall not place any structure seaward of the coastal
construction control line of the Applicant's property without obtaining
required state and city permits.
14. The Applicant shall use due care in the storage or parking of their
concession equipment and all watercraft so that at all times they pose no
danger to the public and that such equipment does not unreasonably impair the
public's right to the enjoyment of the beach areas. Applicant shall maintain
the concession and storage facilities in good repair and appearance and agree
to replace same when needed.
15. The Applicant agrees not to change the type or increase the size or
number of watercraft permitted by the waiver until the Applicant submits a new
application.
16. The provisions of Section 114.78 (Revocation) relating to six citations
issued within a fiscal year of the city shall be applicable to the Applicant
or their employees only, and shall not apply to customers of the Applicant.
The provisions of Section 114.78 (1) (b) relating to nine citations issued
within a fiscal year of the City shall be applicable to customers of the
Applicant. (Reference: Ordinance 5053-90 of the City).
17. Any and all persons violating the city's ordinances shall be subject to
citations and if found guilty by a competent court of jurisdiction, shall be
subject to the penalties provided in the ordinances or as imposed by the
court.
18. The Applicant shall obtain all occupational licenses required by the
code to conduct the activities proposed under the waiver.
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19. The Applicant agrees to the stipulations set forth herein and shall
observe, enforce and follow faithfully all of the requirements of this
Agreement to the best of their ability and shall use due diligence at all
times to conform and carry out same.
20. Nothing contained herein shall in any way limit those rights and
obligations contained in the settlement agreement dated March 6, 1989.
21. Should any litigation arise as a result of the Waiver Application and
Agreement, the prevailing party shall be entitled to recover reasonable
attorneys fees and any other related costs.
22. Lessees state that they are signing this Application and Agreement
under protest (see letter dated December 19, 1990, copy attached as Exhibit
3) .
this
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement
G(A1~ day of , 1991, for the purposes stated therein.
Approved as to form
and correctn s
CI.~. 0 C~EA.l<WA...T~.J! . . ...
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Ron . RgD~n, Ci~y Manag~r
Attest: ___
Attorney
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1a E. Goudeaur City Clerk
Attest:
Trustee,
trust, January
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Holiday House Resort Motels
495 N. Gulfview Blvd.
Clearwater, FL 34630
City of Clearwater
Office of Harbormaster
P.O. Box 4748
Clearwater, FL 34618 -
4748
December 19, 1990
Subject: Waiver Agreement
Dear Mr. Held
We like to inform you that we will be willing to sign a waiver
agreement with the City of Clearwater in regard to operating watercraft
at above address based upon the modification dictated by the City
Commission to our last proposed agreement but any such agreement is
subject to the following:
1 We will sign an agreement under official PROTEST.
2 We do not believe that it is fair or lawful to cite or to enforce
this code against anyone other than the person directly responsible
for any violation of this ordinance.
3 Mr. Gray under the terms of our lease has to approve any agreement
between us and any other third party. In this case Mr. Gray will not
approve any agreement that modify the agreement presented to the City
which agreement Mr. Gray approved. Mr. Gray has stated he will not
act against us should we enter in a workable agreement, but he
reserves the right and option to challenge the City should such an
agreement seeks to impair or intrude upon his private property rights.
Mr. Gray contents that he is exempt from the waiver ordinance under
his settlement agreement with the City.
The major problem centers around the requirements of responsibility for
9 citations issued to patrons or other members of the public and the
potential for abuse of this requirement and the risk of providing ground
for revoking our right to conduct our business.
We will still like very much to put our differences behind us in this
matter and we seek to work with the City and not against it.
Very truly yours,
For the Holiday House Resort Motels
Moussa
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Sam Mo4sa
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WAIVER
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.,IUIC II
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Inde!nity Underw~iters Inlurance Compan;
(918) 542-1671 . 2111 Denver Hurnur Drive · r.o, Box 1225 · Miami. Okhl11l'l11H 743')')
9855
Policy Number
<!tertificatt of Jusurance
New
Renewal of Number
ACTING UPON YOUR INSTRUCTIONS and/or your representative's, and In accordance with
authorization granted us, we have effected insurance with the insurance company shown
above for those coverages shown in Item 4 below and In accordance with all terms, condi.
tlons, forms and endorsements attached to this certificate.
DECLARATIONS
,. Namod Insured and Mailing Address
Wadid Moussa dba Beach
406 Magnolia Drive
Clearwater, FL 34616
2. Policy Period:
09-12-90
---r,;ceplion
09-12-91
ExpHll10n
Named Insured's Insurance Repre~o_ntatlve:
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II.. rn';,'..,W&".'. .. ,.,~ .,. 11i...,YI\.HlfO
t.c l' 1 rj i-'rj,~- E. '-: ~)\ ' ,,<. I {~,-{ 'J\\jUCEfiSED
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12:01 AlA. STANDARD TIME AT LOCATION or fNSUREO PREMISES
Oasis, rI~ECE/VED
OCT' 7 1990
3. The Named Insured Is:
o Individual
KI Corporation
o Partnership
o Joint Ventura
o Other:
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SECTION o PROPERTY COVERAGE. IIlndlcaled by In X CO'Aun... LIMIT OF LIABILITY
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Ajlpll<. Lee. 11._ Ildg. Ill. Lac II.. Ildg. MI. Lor:. N.. 1141. II..
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Buildlng(s) " $ S
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I Personal Property of the Insured $ $ $
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PROPERTY Personal Proporty 01 Others $ $ $
COVERAGE Additional Coverage (Soecify)
$ $ $
XX LIABILITY COVERAGE. IIlndlcatld by In X LIMIT OF LIABILITY
Bodily Injury liability $ each occurrence $ aggregate
II Property Damage Liability $ each occurrence $ aggregate
LIABILITY Bodily Injury and Property Damage Liability Combined $500.000.00 each occurrence $')00.000 00 aggregate
COVERAGE Additional Coverage (Specify)
Audit Period: Annual. unless otherwise stated: o Monthly o Quarterly o Semi-Annual o (Other)
III o OTHER COVERAGE. As stated In the endorsement, made part 01 this Policy, If Indicated by X
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Insured Locations: 470 N. Gulfview Blvd.
Clearwater, FL 34630
5, Forms and Endorsements made part 01 this Policy al time 01 Issue: INSERT NO AND EDITiON DATE (Applicable to Sections Indicated)
53. Promlums applicable by section
$
Not Covered
$
2,200.00
$
Minimum &
Deposit
Not Covered
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2,200.00*N&D
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TOTAL s1....3.88.75_
PI'QR!:.~!!LlJ nd_e r~ i te r 1.1 nc--'--_______~_2..L______Q.9_- 25 -3._12_______________
Authorized Representative Agent # Dated KR/ as
IUIC 8-88 WHITE-INSURED GREEN.AGENT CANARY COpy PiNK-COMPANY GOLD-GENERAL AGENT
1nspec t ion FEE
5% S.L. Tax
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ArDITIONAL INSURED ENDORSEMENT
. IAppll.1 to ~II L'-blllty Covlrag..' I
It is agreed that all of the following provisions apply to this insurance except:
A. The following II an additional Inlured but only as respects liability arising out of
Additional Insured City of Clearwater, as their interest may appear
Mailing Addrel. Clearwater, FL 34630
Premium Char~ed: Incl.
Nothing herein Ihall be conltrued to increale the company's IImit(s) of liability.
B. Thll Insurance shall not be cancelled without ten (10 days prior written notice to the additional In.
lured chown In A. .bov..
INDEMNITY UNDERWRITERS INSURANCE COMPANY, P.O. BOX 1226, MIAMI, OKLAHOMA 74356
IUIC 1016 (4/87) (REV. 10/88)
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NOTICE TO OPERATORS OF RENTAL WATERCRAFT ON CLEARWATER BEACH
As required by the Clearwater Code of Ordinances, boat rental businesses
on Clearwater Beach are required to have you read the following notice
and to have you sign it after reading it:
There is a specially marked RESTRICTED AREA lying 100 yards offshore from the
high water line of Clearwater Beach. The restricted area is marked with a
line of buoys, and it extends from Somerset Street to the jetty at the south
end of Clearwater Beach. Also, there are buoys marking artificial fishing
reefs at Pier 60 fishing pier. Generally, boats are prohibited within the
restricted area except boats rented from businesses which have obtained a
waiver from the City of Clearwater. A rental boat may pass through the marked
CORRIDOR which crosses the restricted area, giving access to the Gulf of
Mexico from the beach where the boats are rented.
The following SPECIAL OPERATING CONDITIONS apply to rental watercraft:
1. YOU MAY NOT operate any watercraft within the restricted area except
within the boundaries of the corridor leading from the beach to the outer
boundary of the restricted area.
2. YOU MAY NOT operate any watercraft having a motor, or any watercraft
powered by the wind, within the corridor until all other watercraft being
operated in the corridor have cleared the corridor. (Exception: Manually
powered watercraft.)
3. YOU MUST ALWAYS yield the right-of-way to any swimmer.
4. YOU MUST operate mechanically-powered watercraft at idle speed, or
the minimum slow speed necessary to maintain steerage and safe control,
whenever you are operating the watercraft inside the corridor.
5. YOU MAY NOT operate any watercraft through the corridor except those
watercraft for which the owner has been granted a waiver.
MAXIMUM FINE: A watercraft operator violating any of these
subject to a fine not exceeding $500.00 for each violation.
Section 114.765, Clearwater Code of Ordinances.)
rules shall be
(Authority:
I HEREBY ACKNOWLEDGE that I have read these rules and agree to comply
with them while operating rental watercraft on Clearwater Beach.
Date:
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