SEMINOLE STREET LAUNCH RAMPS - COLLECT DAILY PARKING FEES AND A CONCESSION FACILITY (2)
AGREEMENT
The CITY OF CLEARWATER, a Florida municipality, hereinafter called "City",
and Decade Properties, Inc. d/b/a "Clearwater Bay Marina", whose address is Suite
100, N19W24130 Riverwood Drive, Waukeshau, Wisconsin state the following:
1. The City has improved the area known as the Seminole Street Launch Ramps
and, in order to defray the cost of the improvements and provide funds for future
maintenance, will charge a parking fee as described herein.
2. Clearwater Bay Marina owns property adjacent to the Seminole Street Launch
Ramps, whereon it operates a facility known as the "Little Boat House", which
offers bait, tackle, supplies and other services to boaters. The principal public
access to the "Little Boat House" facility is from the Seminole Street Launch
Ramps and Clearwater Bay Marina desires that the public access be continued.
3. The City is interested in having Clearwater Bay Marina collect daily parking fees
only, and Clearwater Bay Marina is agreeable to collecting said fees on behalf of
the City.
4. The City desires that a concession facility offering bait and tackle, boat supplies
and similar items, public restrooms and services be operated on or adjacent to
the said Seminole Street Launch Ramps for the convenience of the public.
NOW, THEREFORE, in consideration of the mutual benefits to be achieved, the
parties agree as follows:
A. The term of the agreement shall be for a one-year (1) period commencing
on December 1,2006, and ending on November 30,2007.
B. The parking fee shall be that amount established by the City as a charge
for the parking of vehicles and trailers, or both, at the parking ramp facility. The
parking fee may be amended by the City at the City's option during the term of
the agreement.
C. Clearwater Bay Marina shall collect daily parking fees in the manner
specified by the City and shall account for collected fees utilizing forms provided
by the City. Seventy five percent (75%) of all collected fees shall be remitted to
the City on a bi-weekly basis and twenty five percent (25%) of the collected fees
may be retained by Clearwater Bay Marina as a collection fee. The City will
retain 100% of parking fees for Seminole Launch sold at City locations. All
collection records shall be subject to inspection by the City durinlg the normal
business hours of the City in the offices of Clearwater Bay Marina or the City.
D. Clearwater Bay Marina shall operate the concession facility and collect
parking fees from 6:00 AM to 6 PM Monday through Friday, and 6 AM to 7 PM
Saturday and Sunday every day of the year except Christmas Day, weather
permitting. The City Marine & Aviation Director or his designee's approval shall
Decade Properties, Inc.
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be required at any time the concession is not operated and parking fees are not
collected due to adverse weather conditions.
E. Clearwater Bay Marina shall maintain and operate the concession and
restroom facilities in a neat, clean and orderly condition during the term of this
agreement and to charge no fee for use of the restrooms. The City agrees not to
operate or permit to be operated similar or competitive concession facilities on
the Seminole Street Launch Ramp property during the term of this agreement.
F. Clearwater Bay Marina, in the operation of its facility, shall not be deemed
to be an agent of the City except for the limited purpose of collecting the parking
fees as provided herein.
G. Clearwater Bay Marina shall be responsible for compliance with the
Americans with Disabilities Act (ADA) when selling parking permits by installing a
buzzer, with sign, which will allow a Clearwater Bay Marina emplloyee to assist a
disabled person at the entrance to the "Little Boat House".
H. This agreement may be terminated by either party upon sixty (60) days
notice.
t- IN WITNESS WHEREOF, the parties hereto have set their hands and seal this
~ of (\~ 2006.
co.untersigned: ~.i .
-1~~ '.
Fra'flk Hibbard <
Mayor
Appr9ved as to form:
Decade Properties, rne.
CITY OF CLEARWATER, FLORIDA
By: P2~~~~ JL
William B. Horne II
City Manager
Attest:
~~LL~.a-
Cy ia E. Goudeau
City Clerk
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