LICENSE FOR USE OF THE BOAT SLIPSMARINE & AVIATION DEPARTMENT
CITY OF CLEARWATER
CLEARWATER MUNICIPAL MARINA, 25 CAUSEWAY BOULEVARD, CLEARWATER, FLORIDA
TELEPHONE (727) 462-6954 FAX (727) 462-6957
33767
LICENSE BETWEEN THE CITY OF CLEARWATER (CITY) AND THE CLEARWATER
MARINE AQUARIUM (CMA)
The undersigned hereby makes application for two (2) slips at the Island Estates
location of the Clearwater Beach Marina in consideration of the covenants herein
contained, the City hereby grants this License to the CMA for its use of the boat slips
described herein. By signature below, the CMA, as the licensee, acknowledges having
read, understood, and agrees to abide by all conditions of this License as printed
hereon and by the Rules and Regulations, which are available upon request, governing
use of the boat slips. By signature of its authorized official, the City of Clearwater
approves the issuance of this Agreement subject to the terms and conditions below.
Applicant and applicant's independent contractors, if applicable, agree to keep current
all contact and other necessary information.
1. The City (the Licensor) hereby grants to the CMA (the Licensee) the right, privilege
and permission to use only the two city docks described below and subject to the
following conditions:
a) Slip numbers 1E03 and 1E06 on the east side of the Clearwater Beach Marina,
Island Estates location, Pinellas County, Florida.
These boat slips may only be utilized by CMA -owned vessels that operate in aquarium -
related activities, the determination of which is at the City's sole discretion. If the slips
are utilized, in a manner inconsistent with the terms of this License, by the Licensee's
independent contractors, agents, servants, employees, guests, invitees, or other
persons, then they shall first have written permission from the City to make legal and
proper use of the slips, and they shall comply with all statutes, ordinances, rules, orders,
regulations, and requirements that apply to the Licensee in utilizing the slips.
2. This License commenced on a month -to -month basis beginning in June 2013, for
slip 1E03, and September 2013, for slip 1E06, and shall continue unless terminated
by either party as provided for herein. The Licensee agrees to pay and the Licensor
agrees to accept as rent during the term of this License, the sum of One and 00/100
Dollar ($1.00), the receipt and sufficiency of which is hereby acknowledged.
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"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
3. This License may be terminated by either the City or Clearwater Marine Aquarium
upon thirty (30) days written notice to the other party; with or without cause. All
notices sent pursuant to this License shall be sent to the following addresses:
a) CITY:
City of Clearwater
Marine & Aviation Dept.
25 Causeway Blvd.
Clearwater, FL 33767
b) CMA:
Clearwater Marine Aquarium
249 Windward Passage
Clearwater, FL 33767
4. This License shall not confer upon the Licensee ownership interest in the Property.
5. CMA agrees to provide the following as additional consideration for this License, and
it understands that a failure to provide any of the following, to the sole satisfaction of
the City, will constitute grounds for immediate termination of this License:
a) After -hours security of all City -owned boat slips around the Clearwater Marine
Aquarium;
b) Trash removal of all dock trash cans; and
Payment of water service for all city slips around the Clearwater Marine
Aquarium
6. The CMA will hold harmless and indemnify the City for any and all claims, including
but not limited to personal injury, loss of life and property damage, arising out of this
Agreement to allow their vessel to be moored at the City of Clearwater Beach
Marina, Island Estates location. Indemnification shall include, but not be limited to,
all costs, expenses, and reasonable attorney's fees incurred by the City in any action
based on the foregoing.
7. CMA shall at all times during this Agreement maintain Liability and Property
insurance coverage(s) in a minimum amount of $500,000 for damage done by CMA
vessels to City docks, other property, or other vessels within Clearwater Beach
Marina, Island Estates slips. In addition, per resolution 06 -45, (City dock facilities
incorporating House Bill 7175 provisions to protect marina property during storms,
adding an insurance requirement to cover dock damage, and adding language
requiring tenants keep vessels in operating order), CMA must maintain $10,000 for
damage done by storms if not included in liability coverage. Proof of Insurance or
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Self- Insurance must be provided yearly to the City. City must be notified in writing,
no later than thirty (30) days of expiration of a policy.
8. Neither party hereto may assign or sublet its rights hereunder without the prior
written consent of the other party.
9. Licensee shall not make any improvements or alterations to the slips without the
prior written approval of the City, which approval may be withheld at City's sole and
exclusive discretion. Moreover, Licensee shall not add, under any circumstances,
accessory structures to or otherwise modify the structure of the slips.
10. If the slips are destroyed or so damaged by fire or other casualty during the term of
the License, this agreement will terminate. City shall not be required to make any
repairs or replacement of the slips other than those repairs or replacements that the
City solely deems necessary.
Sincerely,
William D. Morris
Marine & Aviation Director
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Approved /s
Assistant City Attorney
Camilo A. Soto
WDM /cas
Clearwater Marine Aquarium
Approved and Accepted
Date: l2-//8�/3
By: WL ig • >A:
William B. Horne II, City Manager
Date: \4- ,3I .1cA3
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