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AMENDMENT TO WAIVER AGREEMENT RE LAUNCH AND RETRIEVE WATERCRAFT ',.. (!J I ,j .1\ I I AMENDMENT TO WAIVER AGREEME-NT ~ 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 Page 1 OO-C/(-'!'~ I/o ': l / U / t ' ....... , ,~ --~ . ~, (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 f .. , ", 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 / 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 Page 3 ~ I I 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 Page 4