CLEARWATER COMMUNITY SAILING CENTER MANAGEMENT AGREEMENT (4)CLEARWATER COMMUNITY SAILING CENTER
MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT entered into on this February 15, 2024, by the
City of Clearwater, Florida ("City") and Clearwater Community Sailing Association, Inc.,
("Manager").
WHEREAS, the City owns the real property and improvements consisting of
approximately 3,658 square feet, located at 1001 Gulf Boulevard, Clearwater, FL 33767,
hereinafter referred to as the "Clearwater Community Sailing Center"; and two (2) additional tracts
of land, all of which located in Clearwater, Florida. Such property is more particularly described
in Exhibit A, attached hereto and incorporated by reference as part of this Agreement. Such
property shall hereinafter be referred to as the "Premises"; and
WHEREAS, the Manager agrees to manage the Premises under the terms and conditions
described in this Management Agreement; and
WHEREAS, the Parties have previously and continuously entered into agreements for
the management of the Premises since 2002; and
WHEREAS, the Parties mutually desire to enter into a new agreement for the
management of the Premises; and
NOW, THEREFORE, the Parties hereto agree that the above terms, recitals, and
representations are true and accurate and are incorporated herein by reference, and the Parties
further agree as follows:
1. MANAGEMENT TERM
The term of this A greement shall be for a period of five (5) years, beginning on March 1,
2024, and ending on February 28, 2029. This Agreement shall supersede all prior management
agreements.
Th e City, in addition to any other right of termination as set forth herein, may terminate
this Management Agreement for any municipal need as determined by the City Council, by
providing sixty (60) days written notice.
Notwithstanding any provision to the contrary, in the event the Parties have not
memorialized in writing the renewal or termination of this Management Agreement prior to
the expiration date, this Management Agreement shall continue on a month-to-month basis in
accordance with the existing terms and conditions, until such time as this Management
Agreement is renewed or terminated in writing as provided for herein.
1
2. RENT.
Base rent: Manager agrees to pay the City as rent during the initial term of this
Agreement the sum of twenty-four thousand dollars ($24,000.00) annually, payable in equal
monthly installments of two thousand dollars ($2,000.00) per month, and payable in advance at
the beginning of each successive monthly rental period. A five percent (5%) increase will be
added to the rent payment on March 1st of each year of this Agreement, beginning on March
1, 2025. Additionally, Manager shall pay sales tax on all taxable collected payments. Manager
shall pay rent and any additional rent as hereinafter provided to City at such place as City may
designate in writing, without demand and without counterclaim, deduction, or setoff.
3. SECURITY DEPOSIT.
Manager deposited with City the sum of $1,000.00 as a security deposit under the prior
Management Agreement. On March 1, 2024, the Manager shall pay an additional $1,000.00 as a
security deposit in connection with this Agreement. The City will hold the security deposit
($2,000.00) for the full and faithful performance by Manager under the terms and conditions of
this Agreement. The security deposit, without interest, shall be returned to Manager withing 30
days after the expiration or termination of this Agreement, provided Manager has fully performed
hereunder. The City shall have the right to apply any part of the security deposit to cure any default
of Manager, and if the City does so, Manager shall upon demand deposit with the City the amount
so applied so that City shall have the full deposit on hand at all times during the term of this
Agreement.
4. USE OF PREMISES
The P remises, as described in Exhibit A, are to be used by Manager solely for the
purposes and in the manner set forth in the business plan (Exhibit B), which is attached hereto
and incorporated by reference, subject to the City's reserved right to issue "fishing" permits
allowing holders thereof to use specifically identified areas of the managed premises for fishing,
subject to reasonable rules and regulations established by manager and approved by City. No
other use of the Premises is allowed without the written consent of the City.
5. UTILITIES
Water, sewer, electric and all other utilities of any kind shall be billed directly to
Manager and are or shall be individually metered for the subject premises. All deposits for
such utilities shall be the sole responsibility of Manager.
6. BUILDING AND COMMON AREA MAINTENANCE AND PROPERTY TAXES
Manager shall be responsible for routine building maintenance. The routine maintenance
of the Property's common areas, such as but not limited to, hallways, bathrooms, rental rooms,
offices, etc., shall be the responsibility of Manager. If Manager fails to maintain the Property's
2
common areas in a satisfactory manner, seven (7) calendar days after the City has provided
Manager written notice of the City's dissatisfaction with the Property's common area maintenance,
and if the maintenance of the common areas has not improved to standard amenable solely to the
City within the seven (7) calendar days after receipt of such notice, then at the City's sole discretion,
the City may procure maintenance services for such common areas on Manager's behalf. The
cost of which, shall be the responsibility of Manager. The Manager is responsible for paying the
property taxes if applicable.
7. OBSERVANCE OF LAWS AND ORDINANCES
Manager agrees to observe, comply with and execute promptly at its expense during
the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations
of governmental authorities and agencies and of insurance carriers which relate to its use or
occupancy of the Premises.
8. ASSIGNMENT OR SUB -AGREEMENT
Manager shall not, without first obtaining the written consent of City, assign, mortgage,
pledge, or encumber this Agreement, in whole, or in part, or sublet the premises or any part
thereof. The City expressly covenants that such consent to sublet shall not be unreasonably or
arbitrarily refused. This covenant shall be binding on the legal representatives of Manager, and
on every person to whom Manager's interest under this Agreement passes by operation of law,
but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate
manager or to a transfer of the agreement hold interest occasioned by a consolidation or merger
involving such manager. If the Premises are sublet or occupied by anyone other than Manager,
and Manager is in default hereunder, or if this M anagement Agreement is assigned by the
Manager, the City may collect rent from the assignee, subtenant, or occupant, and apply the net
amount collected to the rent herein reserved. No such collection shall be deemed a waiver of
the covenant herein against assignment and subletting, or the acceptance of such assignee,
subtenant, or occupant as manager, or a release of manager from further performance of the
covenants herein contained.
9. ALTERATIONS AND IMPROVEMENTS
Manager shall not make any structural alterations or modifications or improvements
which are part of the managed property without the written consent of the City, and any
such modifications or additions to said property shall become the property of the City upon the
termination of this Agreement or, at City's option, the Manager shall restore the managed
property at Manager's expense to its original condition. The restrictions of this paragraph shall
not apply to maintenance of the managed property but shall apply to any change which
changes the architecture or purpose of the property or which changes any of the interior walls
of the improvements or which annexes a fixture to any part of the managed property which
cannot be removed without damage thereto. In the event Manager desires to make any alterations
3
or modifications, written notice shall be given to the City. Unless the City objects to such
proposals by notice to Manager within twenty (20) days after written notice from Manager, the
proposal shall be deemed approved. Manager shall have no power or authority to
permit mechanic's or materialmen's liens to be placed upon the managed property in connection
with maintenance, alterations, or modifications. Manager shall, within fifteen (15) days after
notice from City, discharge any mechanic's liens for materials or labor claimed to have been
furnished to the Premises on Manager's behalf. Not later than the last day of the term, Manager
shall, at M anager's expense, remove all of Manager's personal property and those
improvements made by Manager which have not become the property of City, including trade
fixtures and the like. All property remaining on the Premises after the last day of the term of this
Agreement shall be conclusively deemed abandoned and may be removed by City, and Manager
shall reimburse City for the cost of such removal.
10. RISK OF LOSS
All personal property placed or moved in the Premises shall be at the risk of the Manager
or owner thereof. The City shall not be responsible or liable to the Manager for any loss or
damage that may be occasioned by or through the acts or omissions of persons occupying
adjoining premises or any part of the premises adjacent to or connected with the premises hereby
managed or any part of the building which the managed premises are a part of or any loss or
damage resulting to the manager or its property from bursting, stopped up or leaking water,
gas, sewer or steam pipes unless the same is due to the negligence of the City, its agents, servants
or employees.
11. RIGHT OF ENTRY
The City, or any of its agents, shall have the right to enter said Premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as may
be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to
exhibit said Premises. The right of entry shall likewise exist for the purpose of removing placards,
signs, fixtures, alterations or additions, which do not conform to this Agreement.
12. RESTORING PREMISES TO ORIGINAL CONDITION
Except those repairs previously communicated by Manager to City, Manager represents
that the premises managed are in good, sanitary, and tenantable condition for use by Manager.
Manager's acceptance or occupancy of the managed premises shall constitute recognition of such
condition. Except for those repairs previously communicated, Manager hereby accepts the
premises in the condition they are in at the beginning of this Agreement and agrees to maintain
said premises in the same condition, order, and repair as they are at the commencement of said
term, and to return the premises to their original condition at the expiration of the term,
excepting only reasonable wear and tear arising from the use thereof under this Agreement. The
Manager agrees to make good to said City immediately upon demand, any damage to water
4
apparatus, or electric lights or any fixture, appliances, or appurtenances of said premises, or of
the walls or the building caused by any act or neglect of Manager or of any person or persons in
the employ or under the control of the Manager.
13. INSURANCE
Manager agrees to comply with all terms, provisions and requirements contained in
Exhibit C attached hereto and made a part hereof as if said document were fully set forth at length
herein.
14. MAINTENANCE
City shall keep the foundation, outer walls, roof and buried conduits of the premises,
including existing buildings, piers, and docks in good repair, except that the City shall not be
called on to make any such repairs occasioned by the negligence of the Manager, its agents,
express or implied invitees, or employees. City shall maintain the city owned property outside
the fence from the sailing center building up to the bridge, while the Manager will be
responsible for the upkeep of the property within the fenced in area. Manager shall keep the
inside of said premises and the interior doors, windows, and window frames of said premises in
good order, condition and repair and shall also keep the premises in a clean, sanitary, and safe
condition in accordance with law and in accordance with all directions, rules and regulations of
governmental agencies having jurisdiction. Manager shall be responsible for providing all light
bulbs used on the premises. The plumbing facilities shall not be used for any other purposes
than that for which they are constructed, and no foreign substances of any kind shall be thrown
therein, and the expense of any breakage, stoppage or damage resulting from the violation of this
provision shall be borne by the Manager. Routine maintenance of the heating and air conditioning
system and plumbing facilities shall be under the control of the Manager, and Manager agrees
that all routine_operation, upkeep, and repairs will be at Manager's expense, except where the
repairs shall be caused by the negligence or misuse by City or its employees, agents, invitees, or
licensees, or by catastrophic failure, or in the event of expected life cycle replacement. In the
event City pays any monies required to be paid by Manager hereunder, City shall demand
repayment of same from the Manager and the Manager shall make payment within ten (10) days
of receipt of said demand. Manager's failure to make such repayment within the ten (10) day
period shall constitute default under the terms of this Agreement.
City will assume responsibility for life cycle replacement of the heating/air-conditioning
system, provided routine monthly maintenance has been performed.
City will assume responsibility for life cycle replacement of the elevator, provided
routine monthly maintenance has been performed.
5
15. DESTRUCTION OF PREMISES
In the event that the building should be totally destroyed by fire, earthquake or other
cause, to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date
of such destruction, this Management Agreement shall be terminated. In the event that the
building should be partially damaged by fire, earthquake or other cause, but only to such an extent
that it can be rebuilt or repaired within sixty (60) days after the date of such destruction, the
Management Agreement shall be void or voidable, but not terminated, except as otherwise
provided herein. If the City intends to rebuild or repair the premises, it shall, within fifteen (15)
days after the date of such damage, give written notice to Manager of the intention to rebuild or
repair and shall proceed with reasonable diligence to restore the building to substantially the
same condition in which it was immediately prior to the destruction. However, City shall not be
required to rebuild, repair, or replace any improvements or alterations made by Manager within
the building. During the period of rebuilding or repairing, there shall be no diminution of rents.
If, after rebuilding or repairing has commenced, such rebuilding or repairing cannot be
completed within sixty (60) days after the date of such partial destruction, the City may either
terminate the agreement or continue with the agreement with a proportional rent rebate to
Manager. If City undertakes to rebuild or repair, Manager shall, at its own expense, restore all
work required to be done by such manager under this Agreement.
16. EMINENT DOMAIN
If the whole or any part of the premises hereby managed shall be taken by any public
authority under power of eminent domain, then the term of this Management Agreement shall
cease on the part so taken from the date title vests pursuant to such taking, and the rent and any
additional rent shall be paid up to that day, and if such portion of the demised premises is so taken
as to destroy the usefulness of the premises for the purpose for which the premises were managed,
then from that day the Manager shall have the right to either terminate this Management
Agreement or to continue in possession of the remainder of the same under the terms
herein provided, except that the rent shall be reduced in proportion to the amount of the
premises taken. The Parties agree that the Manager shall not be entitled to any damages by
reason of the taking of this Agreement or be entitled to any part of the award for such taking, or
any payment in lieu thereof.
17. SUBORDINATION
This Agreement and the rights of the Manager hereunder are hereby made subject and
subordinate to all bona fide mortgages now or hereafter placed upon the said premises by the
City and any other owner provided, however, that such mortgages will not cover the equipment
and furniture or furnishings on the premises owned by the Manager. The Manager further agrees
to execute any instrument of subordination, which might be required by mortgagee of the city.
6
18. DEFAULT; REMEDIES
(a) The Manager further covenants that, if default shall be made in the payment of rent,
or any additional rent, when due, or if the Manager shall violate any of the other covenants of
this Agreement and fail to correct such default within fifteen (15) days after a written request by
the City to do so, then the City may, at its option, deem this A greement terminated, accelerate
all rents and future rents called for hereunder and Manager shall become a tenant at sufferance,
and the City shall be entitled to obtain possession of the premises as provided by law.
(b) In case the managed property shall be abandoned, as such term is defined by Florida
Statutes, the City, after written notice as provided by Florida Statutes to the Manager, City may
(i) re-enter the premises as the agent of the manager, either by force or otherwise, without
being liable to any prosecution or claim therefore, and may relet the managed property as
the agent of the manager and receive the rent therefore and apply the same to the payment of
such expenses as City may have incurred in connection with the recovery of possession, reduction,
refurbishing or otherwise changing or preparing for reletting, including brokerage and
reasonable attorney's fees. Thereafter, it shall be applied to the payment of damages in amounts
equal to the rent hereunder and to the cost and expenses of performance of the other covenants of
Manager as provided herein; or (ii) the City may, at its option, terminate this Agreement by giving
the Manager fifteen (15) days' written notice of such intention served upon the Manager or left
upon the managed property, and the term hereof shall absolutely expire and terminate
immediately upon the expiration of said fifteen (15) day period, but the Manager shall
nevertheless and thereafter be liable to the City for any deficiency between the rent due
hereunder for the balance of the term of this Agreement and the rent actually received by
City from the managed property for the balance of said term.
(c) The City, at its option, may terminate this Agreement as for a default upon
the occurrence of any or all of the following events: an assignment by Manager for the benefit of
creditors; or the filing of a voluntary or involuntary petition by or against Manager under any law
for the purpose of adjudicating manager bankruptcy; or for reorganization, dissolution, or
arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a
receiver of the assets of Manager; or the bankruptcy of the Manager. Each of the foregoing
events shall constitute a default by Manager and breach of this Agreement.
19. MISCELLANEOUS
(a) The City shall have the unrestricted right of assigning this Agreement at any time, and
in the event of such assignment, the City shall be relieved of all liabilities hereunder.
(b) This contract shall bind the City and its assigns or successors, and the Manager and
assigns and successors of the Manager.
7
(c) It is understood and agreed between the Parties hereto that time is of the essence of this
Agreement, and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the Parties hereto that written notice sent by
certified or registered mail, or hand delivered to the Manager's office shall constitute sufficient
notice to the Manager, and written notice sent by certified or registered mail or hand delivered to
the office of the City shall constitute sufficient notice to the City.
(e) The rights of the City under this Agreement shall be cumulative, and failure on the
part of the City to exercise promptly any rights given hereunder shall not operate to forfeit any
of the said rights.
(f) It is hereby understood and agreed that manager shall use no signs in connection with
the premises hereunder, except inside the building, which signs shall be subject to the prior
approval of the City. All signage must comply with City ordinances.
(g) It is understood that no representations or promises shall be binding on the Parties
hereto except those representations and promises contained herein or in some future writing
signed by the party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from Manager
is not received by City within five (5) days after such amount shall be due, Manager shall pay to
City a late charge equal to five percent (5%) of such overdue amount. The City shall not be
required to accept any rent not paid within five (5) days subsequent of the date when due absent
the simultaneous payment of this late charge. The requirement for a late charge set out herein
shall not be construed to create a curative period or a grace period for the timely payment of rent.
(i) Consumption of alcoholic beverages is to be confined to the fenced -in area of the
Sailing Center, with appropriate signage and enforcement to prevent alcoholic beverages from
being removed from the premises.
(j) The sale of alcoholic beverages is permitted and must be in accordance with applicable
City Code of Ordinances and Florida State law. Manager agrees to obtain all necessary permits
and licenses in accordance with applicable City Code of Ordinances and Florida State law.
(k) The Manager shall submit an annual report of all operations, including but not limited
to, number of classes held, number of participants served, number of members, programs
conducted, races held, budget including expenses, revenue, and capital expenditures. The City
reserves the right to require a certified public accountant audit at any time during the term of the
lease.
8
20. SUBROGATION
The City and Manager agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the managed
property or property of City. Each party shall look first to any insurance in its favor before making
any claim against the other party. Nothing contained herein shall in any way be considered or
construed as a waiver or re -agreement by the City of any and all of the other covenants and
conditions contained in this Agreement to be performed by the Manager.
21. PARKING SPACES
Manager shall have the right to use and control any and all non -metered legal parking
spaces/areas on or about the managed premises subject to the needs of the City for special
events deemed necessary for official city business as depicted by Parking Area 1 shown in Exhibit
D Parking Area Map. All metered parking spaces/areas depicted by Parking Area 3 in Exhibit D
are under the exclusive use and control of the city; provided, however, that the city will attempt
to accommodate Manager for parking at metered parking spaces/areas during Manager's special
events and such accommodation will not be unreasonably withheld. The city agrees to cooperate
with Manager in obtaining any and all permits for use and/or construction of parking spaces/areas
within the bounds of the management agreement area. The City acknowledges the importance of
the 56 non -metered parking spaces and the unpaved parking area between the non -metered and
metered parking areas (the "CCSC Parking Space" depicted by Parking Area 2 in Exhibit D) to the
successful operation of the Clearwater Community Sailing Center. The city agrees it will consult
with Manager prior to proposing the conversion of any of CCSC Parking Space to metered spaces
and the City will be accommodating and reasonable with respect to the needs of the Clearwater
Sailing Center for non -metered parking spaces in any such proposal.
22. INDEMNIFICATION
The Manager shall act as an independent contractor and agrees to assume all risks of
providing the program activities and services herein agreed and all liability thereof, and shall
defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against
any and all claims of loss, liability, and damages of whatever nature, to persons and property,
including, without limiting the generality of the foregoing, death of any person and loss of the
use of any property, except claims arising from the negligence or willful misconduct of the City
or City's agents or employees. This includes, but is not limited to, matters arising out of or
claimed to have been caused by or in any manner related to the Manager's activities or those of
any approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Manager in or about its premises whether or not based on
negligence. Nothing contained herein shall be construed as a waiver of any immunity from or
9
limitation of liability the City may be entitled to under the doctrine of sovereign immunity or
section 768.28, Florida Statutes.
Manager agrees to pay on behalf of the City, and to pay the cost of the City's legal defense,
as may be selected by the City, for all claims described in this section. Such payment on behalf
of the City shall be in addition to any and all other legal remedies available to the City and shall
not be considered to be the City's exclusive remedy.
This section shall survive the termination of this Agreement.
23. "AS IS" CONDITION
The Manager accepts the managed premises on an "as is" basis, and City shall have no
obligation to improve or remodel the managed premises, except as set forth above at paragraph
14.
24. CONSTRUCTIVE EVICTION
Manager shall not be entitled to claim a constructive eviction from the premises unless
Manager shall have first notified City in writing of the condition or conditions giving rise
thereto and, if the complaints be justified, unless City shall have failed within a reasonable time
after receipt of such notice to remedy such conditions.
25. CLEAN UP EXPENSES
Extraordinary expenses for cleanup or trash removal for major regattas or non -routine
functions shall be the expense of the Manager.
26. SEVERANCE
The invalidity or unenforceability of any portion of this Agreement shall in nowise affect
the remaining provisions and portions hereof.
27. CAPTIONS
The paragraph captions used throughout this Agreement are for the purpose of reference
only and are not to be considered in the construction of this Agreement or in the interpretation
of the rights or obligations of the parties hereto.
28. NO HAZARDOUS MATERIALS
The Manager herewith covenants and agrees that no hazardous materials, hazardous
waste, or other hazardous substances will be used, handled, stored, or otherwise placed upon
the property or, in the alternative, that such materials, wastes or substances may be located on
the property, only upon the prior written consent of the City hereunder, and only in strict accord
and compliance with any and all applicable. state and federal laws and ordinances. In the
10
event such materials are utilized, handled, stored, or otherwise placed upon the property,
manager expressly herewith agrees to indemnify and hold City harmless from any and all costs
incurred by City or damages as may be assessed against City in connection with or otherwise
relating to said hazardous materials, wastes or substances at any time, without regard to the
term of this Agreement. This provision shall specifically survive the termination hereof.
29. CONFORMANCE WITH LAWS
Manager agrees to comply with all applicable federal, state, and local laws during the life
of this Agreement. Manager agrees to obtain all necessary permits and licenses in accordance with
applicable City Code of Ordinances and Florida State law.
30. ATTORNEY'S FEES
In the event that either party seeks to enforce this Agreement through attorneys at law,
then the parties agree that each party shall bear its own attorney fees and costs.
31. GOVERNING LAW
The laws of the State of Florida shall govern this Agreement, and any action brought by
either party shall lie in Pinellas County, Florida.
32. RADON GAS
The following notice is given to comply with Section 404.056(5), Florida Statutes: Radon
is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county public health
unit.
33. FORCE MAJEURE
This Agreement and the obligation of Manager to pay rent and additional rent hereunder
and to perform all of the other covenants and agreements hereunder on part of Manager to be
performed shall not be affected, impaired or excused because City is unable or delayed in
supplying any service, or is unable to make or is delayed in making any repairs, additions,
alterations or decorations, or is unable to supply or is delayed in supplying any equipment or
fixtures, if City is prevented or delayed from so doing by reason of a strike or labor trouble, or
governmental preemption in connection with a National Emergency or in connection with any rule,
order or regulation of any department or subdivision thereof or of any governmental agency, or by
reason of the condition of supply and demand which have been or are affected by war or other
emergency, or by any Act of God or other condition beyond the control of City.
11
34. PUBLIC RECORDS.
This Agreement is subject to the Public Records Law of the State of Florida, including
Chapter 119, Florida Statutes. Manager agrees and acknowledges that any books, documents,
records, correspondence or other information kept or obtained by City, or furnished by Manager
to City, in connection with this Agreement or the services contemplated herein, and any related
records, are public records subject to inspection and copying by members of the public pursuant
to applicable public records law, including Chapter 119, Florida Statutes. City may terminate this
Agreement at any time for Manager's refusal to allow public access to all documents, papers,
letters, materials subject to the provisions of Chapter 119, Florida Statutes, and made or received
by either party in conjunction with this Agreement.
IN WITNESS WHEREOF, the City and Manager have caused this instrument to be signed by their
respective duly authorized officers and dated below.
CITY OF CLEARWATER, FLORIDA
Clearwater Community Sailing Association, Inc.
By: F9 -vv- CIA_.l
Print Name: 'Er I n M GY-I 6
Title: Op erail' .011 5 Managcr
Date: 2 / I (o J 102(
an Aungst Sr. Jeiffer Poirrier
Mayor City Manager
Date: a / 3/ .n
12
Approved as to form: Attest:
Lead Assistant City Attorney
Rosemarie Call
City Clerk
13
EXHIBIT A
LEGAL DESCRIPTION AND AERIAL MAP
CLEARWATER COMMUNITY SAILING CENTER:
Commence at the Southwest corner of SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
run N.89° 10'31 "E., 843.47 feet; thence run N.42°13'31" E., 886.07 feet; thence run S.47°46'29"E.,
50.00 feet to the Point of Beginning; thence run N.42° 13'31 "E., 630.00 feet; thence run
S.47°46'29"E., 200.00 feet plus or minus to the Mean High Water Line of Clearwater Harbor;
thence run along said Mean High Water Line to a Point, Said Point being the intersection of the
Mean High Water Line and a Line having a Bearing of S.47°46'29"E., from the Point of Beginning;
thence run N.47°46'29"W., 237.00 feet plus or minus to the Point of Beginning. ("Clearwater
Community Sailing Center"). (Yellow shaded area "1" on aerial map.).
TWO (2) ADDITIONAL TRACTS OF LAND:
Commence at the Southwest Corner of Section 17, Township 29 South, Range 15 East; thence
N89° 10'31 "E, along the South boundary of said section 17, a distance of 843.47 feet to the
centerline of Gulf Boulevard; thence N42° 13'31 "E, along said centerline, a distance of 886.07 feet;
thence leaving said centerline S47°46'29"E, 50.00 feet, to the Easterly Right -of -Way line of Gulf
Boulevard; thence N42°13'31 "E, along said Easterly Right -of -Way line, a distance of 630.00 feet,
to the Point of Beginning; thence continue N42°13'13"E, along said Easterly Right -of -Way line, a
distance of 100 feet; thence leaving said Easterly Right -of -Way, S47°46'29"E, to the Mean High
Water Line of Clearwater Harbor; thence along said Mean High Water Line to a point on a line
lying S.47°46'29"E. of the Point of Beginning; thence N.47°46'29"W., along said line, to the Point
of Beginning. (Yellow shaded arca "2" on aerial map.).
Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East; thence
N89° 10'31 "E along the South boundary of said Section 17, a distance of 843.47 feet to a point of
intersection with the centerline of Gulf Boulevard Right -of -Way; thence N42°13'31 "E along the
centerline of said Right -of -Way a distance of 1983.25 feet to a point of curvature; thence along a
curve to the left, said curve also being the centerline of the said Right -of -Way, having a chord
bearing of N34°49'43"E, a radius of 1909.86 feet, a central angle of 14°47'32", an arc length of
493.07 feet, and a chord length of 491.71 feet to the Point of Beginning; thence N57°35'40"W
along a non -radial line a distance of 50.19 feet to the point of cusp, of a non - tangent curve, said
point also being on the west Right -of -Way line of Gulf Boulevard; thence along a curve to the left,
said curve also being the said west Right -of -Way line of chord bearing of N25°58'24"E, a radius
of 1859.86 feet, a central angle of 2°38'32", an arc length of 85.77 feet, and a chord length of 85.76
feet; thence S61°44'07"E along a non -radial line a distance of 137.96 feet; thence S25°51'33'W a
distance of 95.81 feet; thence N57°35'40"W along a non -radial line a distance of 88.73 feet to the
aforementioned Point of Beginning. (Yellow shaded area "3" on aerial map.).
AERIAL !.
7711,
.. .r...
2. 1110•141n* 011104.1111•L RIOS
...:411,011411116.1ka: poorest
(gra r tae
2024 Sailing Center
Management Agreement
S -T -R 111-23 -I5
Map Gen el
Aeweree Drill
aarr:lnerat4
Page: 2 of 2
a...w nr ciwroplawr...c► r64011ns TIMMY. -o.r0111ilise,
EXHIBIT B
CLEARWATER COMMUNTY SAILING CENTER BUSINESS PLAN 2024-2029
Clearwater
Community
Cent
Business Plan
2024-2029
Summary
The Clearwater Community Sailing Center is seeing the reality of becoming the area's, if not the state's, premier
waterfront facility. CCSC has used sailing as its foundation and has expanded its programs into other areas of non -
motorized boating and other water sport activities. The location of the center with the protected harbor and access to
the Gulf makes it a desirable location for all skill levels, from beginner to highly skilled competitors. It is an ideal area for
regattas and local competitive training facility for Olympic class sailors. By continuing to expand our programs and
partner with other organizations, our reputation as a desired watersports venue will continue to grow. With that growth
we will be able to serve our local community with greater impact, with more versatility, and maintain financial health
and sustainability.
Mission Statement
The Mission of the Clearwater Community Sailing Center is to provide safe, enriching and affordable sailing
opportunities to local residents and visitors, including youth, seniors and the disabled for the enjoyment and benefit of
our entire community.
Vision
CCSC will become the premier non -motorized waterfront facility, offering sailing, kayaking, paddling and other
environmentally friendly aquatic activities and programs that promote water safety and education; as well as being the
home port for various clubs and organizations as well as the continuation of hosting events promoting water sports.
Values
• Committed to providing a physically and emotionally safe environment for all of our members and visitors.
• Believe and follow the principle of inclusion. We welcome and encourage everyone to participate in our
activities regardless of age, gender, race, and creed, place of origin, financial status or physical ability.
• Promote respect and appreciation for one's self, others, society as a whole and the natural environment.
• Strive for continual improvement of individuals, and organizations. The CCSC recognizes that this can be
facilitated through healthy competition and the cooperation among various individuals and groups.
• Promote the development of Sportsmanship.
Background
Years ago, local sailors flocked to the beach at Sand Key to launch boats off the sandy area where today stands the CCSC.
It was due to the combined efforts of many local sailors from individuals, Clearwater Yacht Club (CYC) and Windjammers
of Clearwater (WJOC) that the site was saved from becoming a parking lot and transformed it into one of the finest
sailing facilities in the United States. In 1991, the current facility was built and operated by the City of Clearwater as a
recreational facility, originally falling under the Marine & Aviation Department and currently under the Parks &
Recreation Department. In 2002 the city partnered with Clearwater Community Sailing Association, a 501(c)3 non-profit
organization, to take over the operations and programs at the facility. Under the management of CCSA expanded
services, activities, usage and visibility of CCSC have provided a great deal of goodwill locally, nationally and
internationally for our Clearwater Community. The reputation of the center continues to reflect positively on the city
and surrounding area. CCSC continues to expand the versatility of its services and programs in efforts to meet the needs
of our local community as well as guests to the area.
Recent Accomplishments
CCSC is becoming recognized as a premier sailing venue in the southeast. CCSC, in conjunction with Sailability of Greater
Tampa Bay, has hosted the Never Say Never Pirate Camp for limb different children from 2012-2024. The event brings
over 40 children and their families each year. In 2018 CCSC hosted both the Kona World Championship and RS Feva
World Championship. In 2020, 2021 and 2022 CCSC hosted the US Sailing Open Championship, drawing Olympic
hopefuls from all over the county. Most recently, one of CCSC's Junior Sailing alumni qualified for the 2024 Olympic
Games in windsurfing. There was a total of 4 CCSC sailors competing to represent the US.
Physical Site
The current site consists of a modern 2 story building with office, storage, and repair area. There are utility, toilet, and
shower facilities as well as meeting rooms with an upper and lower deck and veranda. There are 3 stairways, and
elevator for access to the second level. There are two fixed docks extending 162 feet into the harbor with floating
platforms on each end with the northern dock being adaptable sailing accessible, and a 3 -boat lift on the southern dock.
The physical site includes all land from the edge of Gulf Boulevard to the water edge and from the property line of the
Marriott at the south end to the north storage pen at the base of Sand Key Bridge. Other storage areas include the
property under the south side of Sand Key Bridge to the County Park property line.
Boat Storage
The main yard is used for the center's fleet of boats. There is a north beach storage pen that is used to store members'
boats and is a convenient launching site for the smaller craft. Storage is provided for a nominal fee and the rate is
adjusted to size of boat. Other storage is provided on a short-term basis for events and regattas. Storage areas are also
utilized by our Corporate Members / Partners and may be included in their agreements.
Fleet
CCSC has both entry-level and intermediate sailing vessels, as well windsurfing gear, kayaks, and stand up paddleboards.
With a versatile quantity of watercraft, we are able to provide our community with a variety of recreational options, as
well as vessels for educational, instructional and community programs. CCSC also has 7 support Safety/Rescue power
vessels.
Programs
Since 2005, over 7000 youth from ages 5 —17 have attended CCSC summer and out of school camps. On a 4 -year
average approximately 430 children attend the ten weeks of summer sailing camp each year. On the same average,
more than 1500 adults from 17-80 annually take some form of sailing instruction at CCSC. Our students have been of all
abilities, and economic backgrounds. Sailors from across the U.S. and around the globe continue to participate each year
in regattas sailed out of CCSC. CCSC continues to expand on various programs for youth and adult. Our facility provides a
variety of services and programs for our local community. Watercolor and yoga classes are also offered at the facility
and geared toward our senior population. Local civic associations and Condo Associations such as Sand Key Civic
Association use CCSC for their monthly and annual meetings. CCSC is also host to numerous wedding receptions and
events for local area residents.
Special Needs Programs
CCSC provides special needs programs through our own staff and partnership with other organizations. CCSC provides
programming for those Physically Challenged Sailors through its partnership with Sailability of Greater Tampa Bay
(SGTB), a not for profit 501(c)3. SGTB partnered with CCSC in 2002 and provides adaptable sailing with its fleet of
accessible dinghies. SGTB provides sailing instruction and training for the Special Olympics and CCSC is a Special Olympic
sanctioned training center through SGTB. There are a number of community programs that are hosted by SGTB and
CCSC including Shriners Hospital, Boys and Girls Clubs of Tampa Bay, The Florida Sheriff's Youth Ranch, Wounded
Warriors, Veterans from local VA as well Never Say Never Pirate Camp. These are just a few of the many that are
serviced through SGTB and CCSC's partnership. CCSC has hosts an annual fundraiser, the Winds of Change, with the sole
purpose of raising money to scholarship underprivileged youths for our summer camp and year round programs.
Volunteers
Volunteers — Our membership base has provided thousands of volunteer hours that have helped support the Sailing
Center's mission. Volunteers perform such varied tasks as yard and beach clean-up, vessel repair, assisting instructors in
group instruction and on the water lookout during Sailability Community Sails and other CCSC events. Volunteers are
also necessary for fundraising, event organization and implementation.
Membership
CCSC's membership has grown considerably since the approximate membership of 25 in 2002. Since 2011, we have
averaged around 300 annual memberships per year, both individual and family. CCSC successfully reaches the full
spectrum of today's society. We serve ages from 5 to seniors, both able bodied and special needs sailors including
physically, emotionally or financially challenged. Geographically, approximately 75% of our clients live in Clearwater, St.
Petersburg, or Tampa and the surrounding areas. The remainder is both domestic and international visitors. Many are
repeat customers who return year after year with the sailing center as one of the attractions that brings them back to
Clearwater.
Supporting Organizations
CCSC enjoys both volunteer and economic support from a number of organizations. Tampa Bay Charities, Inc.,
Clearwater Yacht Club, and The Oaklawn Foundation, just to name a few. We also receive support from other groups
and individuals. CCSC has received over $130,000.00 in financial support over the last 3 years.
Operations
CCSC operates as an all-inclusive, non -motorized vessel sailing facility. We provide memberships for local residents and
visitors. CCSC also provides youth and adult programs and events. Aside from membership, CCSC provides rental use of
equipment for daily guests and visitors. CCSC also provides a winter training home for national sailing organizations such
as the Canadian Sailing Federation, Quebec Sailing and others. We also provide facility rentals for events. There are retail
items for sale in the office.
Income Activities
CCSC is host to numerous programs and activities that provide income for the daily operations at the center.
• Membership
• Sailing Instruction
• Youth Programs
• Regattas
• Boat Storage
• Boat Rental (including windsurf gear, kayaks, standup paddle boards)
• Retail Sales
• Donations, grants and other sources of funding
Staffing and Hours of Operation
CCSC currently is staffed by 5 full-time employees. There are also numerous part-time and seasonal employees on staff
as needed. Two full time employees are US Sailing Certified instructors of at least Level 2 or higher, that also includes
First Aid and CPR training. The hours of operation are Tuesday to Sunday, 9-5, with Monday closed. Summer hours of
operation are 9-6, 7 days a week. There is also additional staffing during facility rentals, often outside of normal business
hours.
Pricing and Profitability
Pricing for fees, goods, and services are continually analyzed and adjusted to be competitive with other community
sailing centers in the state. Periodic surveys will be taken to ensure CCSA's rates and fees are competitive and in
alignment with other community sailing centers. We continue to look for additional opportunities to expand our present
income streams
Goals
Each goal below will have its own objectives and strategic initiatives that will be developed to accomplish the goal. These
goals will continue to make CCSC more viable and financially sustainable. With the ever-increasing effort and dedication
being made, CCSC will continue to fill its mission and build upon its vision for the benefit of our entire community.
I. Financial growth and sustainability
A. Develop Board responsibilities for financial growth
1. Progressive Board growth
a. Strategic and diverse board membership
b. Strong community connected members
2. Strategize growth potential according to mission
a. Determining short- and long-term objectives
b. Redefining / update of mission
c. Evaluating and addressing potential mission drift
3. Organization priorities and consistency
a. Identify organizational priorities
b. Consistent management and support
4. Fundraising Committee
a. Develop a Strategic Fundraising Plan
b. Incorporate Innovative Fundraising Techniques
c. Board levels of involvement
d. Fundraising responsibility
B. Analyze current programs and services
1. Determine effectiveness /efficiency of current programs / contributions
a. Community programs
b. Membership programs
c. Partnership programs
2. Determine effectiveness / efficiency of current services
a. Membership
b. Instruction
c. Boat rental
d. Facility rental
e. Storage
f. Retail sales
C. Increase current program participation levels
1. Review current program organization and implementation
a. Improve program management strategy
b. Develop a plan of desired program paths, competitive/non-competitive
c. Develop needed continuing education programs and modules
2. Review current program marketing
a. Analyze and target demographically
b. Review current marketing and improve strategies
c. Utilize available marketing resources
D. Continued expansion of programs, activities, and events
1. Broaden scope of base programs
a. Wider variety of sailing programs
i. Diverse youth programs, competitive / non-competitive
ii. Diverse adult programs, competitive / non- competitive
iii. Scheduled programs and instruction
b. Wider variety of paddling programs
i. Increased stand up paddling programs
ii. Introduce kayak instruction program
iii. Continue partnership program for outrigger paddling
2. Continue Promotion of water safety educational programs
a. Community Safety Education
b. Sailing and boating safety education
i. US Sailing
c. Marine environment education
i. Partnership with local existing programs
ii. Develop environmental program
3. Promote aquatic educational opportunities to educational facilities
a. Private schools
b. Local colleges for accreditation
4. Promote, increase host events and regattas
a. Increase level of regattas
i. Continued CYC partnership to host regattas
ii. Provide race official instruction
iii. Increase local fun racing
b. Offer other water sporting events
i. Paddle racing
ii. Kayak outings
S. Attract grants and donations through programs offered
6. Continued facility rental opportunities
7. Expand retail product and sales
II. Continued cooperative effort with local business, civic and community organizations to further the development
A. Provide Corporate memberships for area businesses
B. Develop sponsorships to support various programs
C. Continue to develop the committees that support the operational and safety at CCSC
D. Continue to develop CCSC volunteer programs
III. Improved Marketing and Advertising
A. Review current advertising and marketing efforts
B. Market Research
1. Industry trends
a. Local, state, national
2. Customer base target segmenting
a. Existing Customers
b. Potential Customers
3. Competition
a. Local, state market competition
i. Membership
ii. Services
C. Develop marketing strategy
1. Objectives
a. Membership
b. Services
c. Fundraising / Sponsorship
2. Marketing Budget
a. Percentage of previous sales by target objective
b. Annual set amount
3. Determination of Media
a. Print
b. TV/Radio
c. Web / Social Medias
IV. Long-term Ambitions
A. Increase meeting and classroom space
B. Increase vessel and gear storage facilities
C. Continued fleet asset capitalization
D. Continued building and aesthetic upgrades
E. Increase retail inventory / services
F. Continued focus on new program development
Financial History and Five -Year Projections
The historical data collected in the table below is used to provide the upcoming five-year projections. The projections
are based on the current state of the economy and the fluctuating net income. The net income does not have an
increasing/decreasing pattern in revenues, therefore the baseline for the next five year projections are taken from the
average income over the past five years (FY 2019 through FY 2024) with a projected a 5 percent income increase and 3
percent expense increase over each year.
Mush Orli* Poem*
3*217* MOM 3*2011 MOM FTlnw 3*3027F MOM MOSS
b44w4
Do.,earo+w�►+ F444t4i46
OanMbn-4144n1 .4162 14154 42,000 45120 47421 W1 33510
04421441-342452114 S7 400 w *16 714 720 74/
F+444044147444 70,727 *1,122 44,62* 54351 22,201 35,54 11217 61,202
411a44416*44444
MnivalbOws 145744 244,111 1SR*00 171,504 104072 2*0*1 211,557 202,A14
94214RCgtls 164741 144722 542,040 .207,320 217,722 234614 241045 152,0*7
44411404 4244 *5372 x.300 23,310 M45t 46,675 44,000 13,40
466110400444 41.10 34024 28150 31,154 12,714 34,252 16,410 17,471
Won 44,423 54470 51,702077 44274 72,740 74*77 *411*
tau* 414442 Nes x,131 46330 KO24 74,116 70,242 2044 61,041 141*
2443444442 41,375 51.131 *310 71,800 7401 74,717 02,7* 01741
owes Imam 13,146 22.377 51471 15,580 94151 d b4, 44,161 Awl
4440 4,151 3,226 4440 1.344 LOM 64734 0,010 ;110
OMer,44m4e
05144 boo" (1.1711 14,2141 1.510 1.415 1,416 7,660 1.510 1,720
22444144244 111 965 420 470 701 734 77S 114
4k404/G4m01411
t44444ee6tSe1* 744 107 720 130 Ili 141 190 151
T4421004444 701.11 675.444 720.422 04.147 2*344,4 344,637 16336* 411417
$441404res
4Ny *an4S4bi4s 2241175 407,070 444,4}4 414005 471316 41105* 960,4➢& 517�h4
04444E 4,115 3,740 1,100 4,104 9.002 5.245 4102 3.516
014114407424 33,171 43,702 53,280 24.337 54472 31216 5147.1 41.104
Tt44444*/4rY44m441741) 160 72 41 *2 11 47 10 7
M4r1A444AM0144iy
1,4414401 5,117 4,411 U10 4,717 4154 4,0S ;155 5,300
744244101 31,041 40,313 2157* 24,214 25,162 24742 26,51 27,331
2042.4464440411
0444441440 12*11 4413 2.130 3*31 4214 74,4217 1333* 34213
1441 6„270 4,204 1,440 4,131 4*32 7017 7,3* 7,418
110.24 Sera 13,110 10,115 /4550 204,417 11.142 11,531 11,(14,1 12,230
Teets *6q,4p444 1.21 1,274 2,140 1,740 1,422 1,14 1,300 3663
16011/1441 2..340 2406 2,100 2443 2,224 2,215 2,104 2,414
12244 1,211 1.511 *,431 1,44* 1,447 2,141 1.101 1.71
Nome) &pow
YO41,N1wn 1,110 6,115 4,7* 6,726 021 7,111 7.370 7,570
Summar h44Oou44s 134* 4490 2,740 *642 10,313 1113 1124,4, 11,341
0/44144444 11,272 11.441 4700 41.154 94333 13047 33,004 56,216
444444,6+4444+
4441404 3141 44,601 44,070 47,452 41176 30,342 51/52 337
UMW 21411 27,410 24,470 *124 3020* 31,110 121* .11,006
4141 *240 2401 21,*36 22.513 22,241 23360 24.271 34,41*
114,4441443 14407 114** 17,010 17,57 11110 11114 14224 111,600
Office Sumas 14841 *412 1110 2,170 34,673 37,16 21.111 2215
6340144105 35,411 17,755 11400 11,444 13,144 11,704 11,121 11414
Netw4e44F44 12,131 14,456 14,170 14,201 15,245 25722 *;171 i**7*
7ao U2 1,62 1,180 4,110 4,213 4,160 4,401 5514
Taw 134444 17.022 734,2* 711,101 *15,251 216,67 114,711 416,737 417,63.
M4+dMet Opining Woo* 331,141 (44143) (97*) 7,115 33,73 41.14 51.212 *2.15
1/40.4414+544 2304 - 4,120 4,110 4,244 4,371 4300 4617
Og21tW4i4.Odor bosons 17,156 45126 15000 15,000 15,000 13,000 35,000 *4,000
A,u2,0tint sroe4l
73,625 (23134) 144471) Mimi Ken 4315 11714 51,745
EXHIBIT C
INSURANCE AND RISK OF LOSS
LOSS CONTROL/SAFETY
Precaution shall be exercised at all times by Manager for the protection of all persons, including
employees, and property. Manager shall be expected to comply with all laws, regulations
or ordinances related to safety and health and shall make special effort to detect hazardous
conditions and shall take prompt action where loss control/safety measures should reasonably
be expected.
The City may order work to be stopped if conditions exist that present immediate danger to
persons or property. Manager acknowledges that such stoppage will not shift responsibility for
any damages from Manager to the City.
BASIC COVERAGES REQUIRED
Manager shall procure and maintain the following described insurance, except for coverage
specifically waived by the City, on policies and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of Manager. The City does not
represent these types or amounts of insurance to be sufficient or adequate to protect Manager's
interests or liabilities but are merely minimums.
Such coverages shall protect Manager from claims for damages for personal injury, including
accidental death, as well as any party directly or indirectly employed by Manager.
Except for workers' compensation and professional liability, Manager's insurance policies shall
be endorsed to name the City as an additional insured to the extent of the City's interests arising
from this Agreement.
Except for workers' compensation, Manager waives its right of recovery against the City, to
the extent permitted by its insurance policies.
Manager's deductibles/self-insured retentions shall be disclosed to the City and may be
disapproved by the City. They shall be reduced or eliminated at the option of the City. Manager
is responsible for the amount of any deductible or self-insured retention.
Insurance required of Manager or any other insurance of Manager shall be considered primary,
and insurance of the City shall be considered excess, as may be applicable to claims which
arise out of the Hold Harmless, Payment on Behalf of City, Insurance, Certificates of Insurance
and any Additional Insurance provisions of this Agreement. Where no specific limit of
coverage is mentioned in this Agreement, the minimum limit of insurance coverage required
by the City shall be $1,000,000.
Workers Compensation Coverage
Manager shall purchase and maintain statutory workers compensation insurance for all
workers compensation obligations imposed by state law and employer's liability limits of at
least $100,000 each accident and $100,000 each employee/$500,000 policy limit for disease.
Manager shall also purchase any other coverage required by law for the benefit of employees.
General, Automobile, and Excess o r Umbrella Liability Coverage
Manager shall purchase and maintain coverage on forms no more restrictive than the latest
editions of the Commercial General Liability and Business Auto policies of the Insurance
Services Office.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or
umbrella insurance making up the difference, if any, between the policy limits of underlying
policies and the total amount of coverage required.
Commercial General Liability Coverage — Occurrence Form Required
Coverage A shall include bodily injury and property damage liability for premises, operations,
products and completed operations, independent contractors, contractual liability, and liquor
liability covering this Agreement, broad form property damage, and property damage resulting
from explosion collapse or underground (x, c, u) exposures.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Manager is required to continue to purchase products and completed operations coverage, at
least to satisfy this Agreement, for a minimum of three (3) years beyond the City's acceptance
of any renovation or construction projects.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or
umbrella insurance making up the difference, if any, between the policy limits of underlying
policies and the total amount of coverage required.
Business Auto Liability Coverage
Business Auto Liability coverage is to include bodily injury and property damage arising out
of ownership, maintenance or use of any auto, including owned, non -owned and hired
automobiles and employee non -ownership use.
Excess or Umbrella Liability Coverage
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed.
Whichever type of coverage is provided, it shall not be more restrictive than the underlying
insurance policy coverage. Excess or Umbrella Liability insurance shall include bodily injury
and property damage coverage.
Manager shall purchase and maintain Excess or Umbrella Liability coverage over and above
its other liability coverage in the amount of $500,000.
Property Coverage for Premises
The City shall maintain for the life of the Agreement, all risk/special perils (including sinkhole)
property insurance (or its equivalent) to cover loss resulting from damage to or destruction of
the Premises and its improvements, and any attached personal property or contents belonging
to the City. The City, at its option, may self -insure this exposure.
Flood Insurance
City shall procure and maintain flood insurance either for the insured value of any buildings
or structures located on the managed premises or the maximum amount of flood insurance
available through the National Flood Insurance Program.
EVIDENCE/CERTIFICATES OF INSURANCE
Required insurance shall be documented in Certificates of Insurance that provide that the City
shall be notified in advance of cancellation, non -renewal or adverse change.
New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage
renewals.
If requested by the City, Manager shall furnish complete copies of Manager's insurance
policies, forms and endorsements.
For Commercial General Liability coverage, Manager shall, at the option of the City, provide
an indication of the amount of claims payments or reserves chargeable to the aggregate amount
of liability coverage.
Receipt of certificates or other documentation of insurance or policies or copies of policies by
the City, or by any of its representatives, which indicate less coverage than required does not
constitute a waiver of Manager's obligation to fulfill the insurance requirements herein.
EXHIBIT D
PARKING MAP
AERIAL MAP
haepapN[ Tomcat L hi.a
Me L Wee My Orehix.0. !ITU
rn:t .... emr TM
Clearwater Community Sailing Center
2024 Management Agreement
Map Gen By. TC
Reviewed BY Cal
AIWA Fowl 2023
Date: t$flJ?024
Page: 2 ail
Scae: PITS.
osora.anCiJroTawahCahzNg ar•—e•impinw eGoa -hclosslop• atht rv`ac^IGal Sok%Cour Lam* =AGAIN CO.! ..16•16 atletila fr.rLama =con