AMENDMENT TO WAIVER AGREEMENT RE LAUNCH AND RETRIEVE WATERCRAFT
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AMENDMENT TO WAIVER AGREEME-NT
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THIS AMENDMENT TO WAIVER AGREEMENT, made and entered into this ~ of....
(I\~ 1999, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City", and Meristar Hotels and Resorts, Inc.lHilton Clearwater
Beach Resort, hereinafter referred to as "Applicant", 400 Mandalay Avenue, Clearwater, Florida
34630, telephone (813)462-3222.
WITNESSETH:
WHEREAS, City and Applicant's predecessor in interest, EquitellJP Hotels, entered into a
Waiver Agreement on November 6, 1990 for 400 Mandalay Avenue, Clearwater, Florida 33630; and
WHEREAS, the City agrees to this amended waiver agreement with Applicant pursuant to
Section 33.117 City of Clearwater Code of Ordinances.
NOW, THEREFORE, as a condition of said amended waiver, the Applicant agrees to
faithfully observe, keep and perform the conditions described in this agreement:
1. Applicant shall establish and maintain, at Applicant expense, ai marked corridor extending
from the shoreline westward of Applicant property 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, widening to 80 feet
in width on the west end. The northern extremity of said marked corridor shall be 150 feet south of
the north property line of Applicant property and the southern extremity of said marked corridor shall
be 190 feet south of the north property line of Applicant property. It is 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.
2. Within the marked corridor, the Applicant may launch and retrieve watercraft of the types
hereinafter described:
a) One (1) rubberized 17 foot raft, powered by no larger than a 15 horse powered
engine. This vessel will be operated by a U.S. Coast Guard approved licensed
captain and will be used to shuttle up to 6 people at a time, to and from an
awaiting parasaiUexcursion boat that will be waiting outside the designated swim
zone.
b) Six (6) waverunner type vessels used for rental purposes. The size of these
vessels varies slightly, but are generally less than 8 feet in length.
c) Four (4) sailboat style vessels. The largest will be 16 foot in length or less and
they will be used for rental purposes. The hull designs may include mono hull
Waiver - Hilton Clearwater Beach Resort
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(SUnfiSh)Jtwin hull (hobie type) and/or tri-hulled trilarans. These vessels will be
non-motorized,
d) Five (5) watercycle vessels, non-motorized, for the purpose of rental.
e) Four (4) kayaks, which will be manually paddled and used for the purpose of
rental. They will be less than 12 feet in length. ,/
3. Only one mechanically powered watercraft shall operate within the corridor at anyone
time, except manually powered watercraft and chase or emergency boats.. A drawing of the
marked corridor is attached as Exhibit 1.
4. Applicant shall maintain a safety watch in the water and warn all swimmers to stay out of
the corridor until watercraft has cleared the area. Applicant shall insure that all operators within the
marked corridor maintain watercraft at idle speed, or the minimum slow speed necessary to
maintain control and safe steerage of the watercraft.
5. The Applicant shall warn watercraft operator to yield the right of way to any swimmer.
6. The Applicant shall insure that all watercraft meets federal and state safety equipment
requirements.
7. The Applicant shall provide operators renting watercraft a written form notifying the
watercraft operators of the special operating conditions set forth in Section 33.119, 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 operator sign the form, acknowledging that the
operator has read and understands the form and will comply with the special operating conditions.
8. The Applicant shall purchase and maintain liability damage insurance for bodily injury and
, property damage resulting from the operation of all watercraft, with coverage in the amount no less
than $500,000 and with the City named as additionally insured, and the Applicant shall provide the
Harbormaster with a copy of each insurance policy or policies and all endorsements and
amendments thereto.
9. 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.
10. The Applicant shall instruct customers to stay clear of the Pier 60 fishing pier by staying
outside the buoys marking the artificial reefs.
11. The Applicant shall not place any structure seaward of the coastal construction control
line of the Applicants property without obtaining required state and city permits.
12. The Applicant shall not place any watercraft on the publicly owned beach.
13. The Applicant agrees not to resign or otherwise transfer its rights under the Waiver until
Waiver - Hilton Clearwater Beach Resort Page 2
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", the new Applicant has sUbJtted to the City Manager a signed stateJent that the new Applicant
agrees to be bound by all of the conditions and requirements of this ordinance.
14. The provisions of Section 33.121 (1) (e) lRevocation) relating to six citations issued
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within a fiscal year of the City shall be applicable to the Applicant or their employees only. The
provisions of 33.121 (1) (b) relating to nine citations issued within a fiscal year of the City shall be
applicable to customers of the Applicant.
15. Any and all persons violating the City's ordinance shall be subject to citations and if
found guilty by a competent court of jurisdiction, shall be subject to the penalties provided in the
ordinance or as imposed by court.
16. The Applicant shall obtain all occupational licenses required by the code to conduct the
activities proposed under the waiver. Failure to obtain necessary licenses and to meet the terms
thereof may result in termination of this agreement by City.
17. Applicant agrees to abide by all terms in the City's Code of Ordinances and further
agrees to comply with any changes made by the City. City may terminate this agreement for any
reason by providing Applicant ten (10) days written notice. Any amendment to this agreement must
be approved in writing by both parties.
18. City acknowledges Jim Daugherty, President of Resort Recreation, Inc., as the Business
Owner for Applicant. Applicant and Business Owner shall be jointly liable for all terms and
conditions in this agreement. Applicant must get City's written approval prior to changing the
Business Owner at any time during this agreement.
Waiver - Hilton Clearwater Beach Resort
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AMENDMENT TO WAIVER AGREEMENT
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement this J~_tJ-t-
day of (h.M,-,'v.... ,1999.
CITYO~A
By:
Michael J. Roberto
. City Ma ger
Rita Garvey
Mayor-Commissioner
Attest:
Approved as to form:
C~ ~
John Carassas
Assistant City Attorney
MERISTAR HOTELS AND RESORTS, INC.
d/b/a HIL TO L RWATER BEACH RESORT
By:
By:
By signature below, Business Operator agrees to all
of the terms and con lions in this A eement:
By:
It.-,
Jim Daugherty
President, Resort Recreation, Inc.
(Business Operator)
Waiver - Hilton Clearwater Beach Resort
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Waiver Application
A
Meristar Hotels and Resorts/ Hilton Clearwater Beach Resort 400 MandalayAve Clearwater
Beach, Florida seeks this waiver. David OBannon General Manager
2/14J 1999
B.
Operations will be conducted at this location. Resort Recreation Inc. will be responsible for any
activity conducted under this waiver and will present the signatures of those representing the
business operator.
C.
Resort Recreation agrees to establish and maintain at it's expense, a marked corridor from the
shoreline to the westward extremity of the restricted area, which corridor shall be marked with
buoys or similar devices conforming to the uniform state waterway marking system.
E.
Proposed activities:
1 rubberized raft -foot in length powered by no larger than a 15
horse power engine . This vessel will be operated by a Coast Guard approved licensed captain.
This raft will be used to shuttle up to 6 people at a time to and from an awaiting para-
sail/excursion boat that will be waiting outside the designated swim zone.
6 waverunner type vessels used for rental purposes. The size of these
vessels varies slightly but are generally less than 8
ft in length.
4 sailboat style vessels. The largdst sailboat would be 16 foot in length
or less. They will be used for rental purposes. The hull designs may include mono hull (sun
fish) twin hull (hobie type) and or tri -hulled trimarans. all have no motors.
5 watercycle vessels , (no motors) used for the purpose of rental
These are peddlepowered.
4 kayaks these manually paddled craft will be used for the purpose of
rental The length is less than 12 foot.
4 ;
I, the undersigned, acknowledge the following: THE PROPERTY OWNER OR DULY
AUTHORIZED REPRESENTATIVE MUST ATTEND HEARING. In order to represerrtthe applicant
at the hearing before the Planning and Zoning Board, a written authorization letter from the
property owner or business owner naming a certain other person u representative MUST HAVE
SEEN FILED AT THE CENTRAL PERMITTING DEPARTMENT PRIOR TO THE HEARING.
OTHERWISE, THIS CASE WILL NOT BE HEARD AS SCHEDUEp.
SIG NA i URE OF PROPERTY OWN
(OR REPRESENTATIVE)
STATE OF FLORIDA
COUNTY OF PINELLAS
Sworn to and subscribed before me this clay of \ -
! _ e.4,Y1 J erg , A.D.,
kia4-4.0F
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me and/or has produced
4PT.K Aii NEOMA A. Howe
Q die e� COMMISSION 4 CC 458267
1611 EXPIRES MAY 2,1999
14-0..� BONDED THRU
OF F��ATLANTIC BONDING CO, INC.
s/Fonn - Conditional Use Standard - 24 -Feb -97 -1410-0006
who I
personally known
as identification.
NO PUBLIC
MY COMMISSION EXPIRES:
0
All vessels will be serviced regularly. All riders and operators will be required to wear CG
approved lifejackets. All will be properly fitted. All vessels will have whistles on board. A chase
boat will be on hand at all times. An attendant will conduct a vigil over corridor and renters. Any
suggestions to make the operation safer will be taken seriously and are welcomed. All operators
will be given an orientation of their craft, its safety . We will refuse to rent to anyone that is
under the influence of alcohol or drugs( to the best of our ability).
F.
The business operator shall provide vessel operators a written form notifying the vessel operator
of the special operating condition set forth in section 33.119 and the applicable fine for violating
any of the conditions. A signed form of acknowledgement will be required of all operators,
stating that they have read and agree to abide by those conditions.
G. A copy of the occupational license is attached.
IL Drawing is attached. Q -
I. Only one motorized vessel will operate in corridor at one time.
.J. A safety watch will be done during all hours of operation.
K Our renter agreement will include the warning to yield the right of way to any swimmer.
L All business operated from corridor will provide the city clerk proof of liability insurance
resulting from the operation of the vessels. The city shall appear as additional insured.
$500,000.00 minimum.
in. All vessels used in the operation of the parasail business will carry 500,000.00 liability
insurance naming the city of Clearwater additionally insured.
N. The shuttle boat for parasail/excursions will be motorized and operated only by a licensed
CG captain.
O. All vessels meet federal and state safety equipment requirements.
P. A chase boat for emergency will be available.
Q. Harbor master will be advised of the markings of these vessels.
R Renters will be given written warning to stay away from Pier 60. And to stay outside buoy
markers for artificial reefs.
S. Owner or business operator shall not place any structure seaward of the coastal construction
control line of the owner's property without obtaining required permits.
T.
No vessel will be parked on publicly owned beach.
V.
This waiver will not be sold or transferred.
W.
The business operator agrees not to assign or transfer Ms rights under the waiver and agrees to be
bound by all of the conditions and requirements. Tim Daugherty R•,.". rt ' ecreation Inc.
X.
All occupational licenses will or have been obtained.
AFFIDAVIT
--Robin Kirk—EV/0 /O bit
s owner of the property described below,
(Property owner name, title and on as applicable)
RESORTCLEARWATER ;IMAM
flILT6 400 MANDALAY AVENUE
CLEARWATER BEACH. ira& IDA 81767
do hereby authorize--
(Nameo
to appear before the (check box(s)):
0 Development Code Adjustment Board (Variance requests)
O Planning and Zoning Board (Conditional Use requests)
O City Commission (Sign Variance requests)
to request approval of:
frAA44.,,,o414.44
Signature of person making affidavit (inclgde title and name of company if applicable)
Subscribed and sworn to or affirmed ) b fore me this iv -A day of 37 ,K
AD I 9.9 by 6A/iv 4K , who is personally known to me
or has produced for identification.
STATE OF FLORIDA, COUNTY OFr �� r� (A5
40 l'Gm NEONIA H. HOW11
z rn COMMMIRSIMN # CC 458267
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OF
p[ EXPIRES MAY 2,1999
RTLFRffI�¢y1 r + t RU
• i �e CO, INC.
Notary Public, Commission No. C C 446-8 ;76 7
(Name of Notary, printed or stamped)
CU, 99:09 -
FOUR SEASONS
LANDINGS CONDO
101-35
3
Unity of 71114
9271-1152
CONDITIONAL USE REQUEST
NAME Meristar/Resort Rec/O'Bannon
CU # 99 09
ATLAS PAGE: 267A
SEC: 08
TWP: 29 S
RGE: 15 E
COEARWAIER PLANNING AND 2ONING BOARD
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