THIRD ADDENDUM TO CITY OF CLEARWATER DOCK PERMITS
THIRD ADDENDUM TO CITY OF CLEARWATER DOCK PERMITS
THIS THIRD ADDENDUM TO THE CLEARWATER MARINA DOCK PERMITS is
made and entered into this 31,r day of , 2006, on behalf of the CITY
OF CLEARWATER, FLORIDA, a municipal cor oration, hereinafter referred to as "City"
for ALL COMMERCIAL AND PRIVATE DOCK PERMIT TENANTS OF THE CITY OF
CLEARWATER AT ALL DOCK RENTAL LOCATIONS.
WHEREAS, the City wishes to make certain changes to the Commercial and
Private dock permits for tenants of City owned slips, the City agrees to add this
addendum as of August 17, 2006 pursuant to the terms described herein.
NOW THEREFORE, the City agrees to amend the Commercial and Private Dock
Permits as follows:
1. In keeping with the state statute as presented in House Bill 7175.3 effective 1
July 2006, the undersigned hereby informs you that in the event you fail to
remove your vessel from the marina promptly (timeframe to be determined
between the marina owner or operator and the vessel owner) after the
issuance of a tropical storm or hurricane watch for Clearwater, Florida, under
Florida law, the undersigned or his or her employees or agents are authorized
to remove your vessel, if reasonable, from its slip or take any and all other
reasonable actions deemed appropriate by the undersigned or his or her
employees or agents in order to better secure your vessel and to protect
marina property, private property, and the environment. You are further
notified that you shall be charged a reasonable fee for any such action. A
reasonable fee will be at least twenty-five ($25) for labor, plus the cost of
materials and administration. (lines, billing, etc)
A marina owner, operator, employee, or agent shall not be held liable for any
damage incurred to a vessel from storms or hurricanes and is held harmless
as a result of such actions. Nothing in this section may be construed to
provide immunity to a marina operator, employee, or agent for any damage
caused by intentional acts or negligence when removing or securing a vessel
as permitted under this section.
2. In addition to the $500,000 liability insurance currently required of commercial
tenants, both commercial and private tenants are required to carry a minimum
$10,000 insurance coverage, with the City as additional insured, for any
damage done by tenant vessels to City docks. A copy of this insurance, with
the City as additional insured, is to be provided to the Marine & Aviation
Director or his assistant, and kept current yearly. Failure to provide proof of
insurance upon receipt of your dock permit will result in the dock permit being
null and void and your forfeiting the use of the dock. If you fail to provide proof
of insurance and your vessel is located in City dock facilities, you will remove it
immediately.
Addendum to Commercial and Private Dock Permit Aug.!?, 2006
3. Section 6 of the Commercial Docking Permit/Section 5 of the Private Docking
Permit shall be added to read as follows;
BOAT OWNER'S RESPONSIBILITY; MAINTENANCE: Vessels shall be kept
in a seaworthy/operatinq condition, and shall create neither fire hazard,
eyesore, nor sinking hazard. If a vessel is observed in an unsafe condition,
the owner(s) will be directed by the Marine & Aviation Director or his designee
to remove the vessel from the Marina. Owner(s) agree to remove the vessel
upon notification by the City of an unsafe condition(s) or to be held
responsible for all and any damage caused by the vessel to Marina docks,
pilings and structures. The owner shall keep the vessel properly moored and
dry within at all times...
IN WITNESS WHEREOF, the City has set their hands and seals the day and
year above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
BY~.~~ ,~. ":6. /i.VAh-:IJ:.
William B. Horne, II
City Manager
-~K~
F.r-nk V. Hibbard
Mayor
Approved as to form:
Attest:
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'---=-L_,~'~ ~., ".'-,._ <~~'~
Carlos F. Colon
Assistant City Attorney
~ C.
Cynt i E. Goudeau
City Clerk
Addendum to Commercial and Private Dock Permit Aug.17, 2006