7/2/1991 - Laserfiche WebLink

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LICENSE AGREEMENT W/ABYSS MARITIME (WABASSO CAUSEWAY) The Board reviewed the following memo from Attorney Collins: TO: The Board of County Commissioners FROM: William G. Collins II - Assistant County Attorney GJC Beth Jordan - Risk Manager DATE: June 28, 1991 SUBJECT: License Agreement with Abyss Maritime, Inc. at Wabasso Causeway PRESENT SITUATION: Paragraph 2e of the License Agreement requires Abyss Maritime, Inc. to maintain public liability insurance with an A. M. Best rating of A+ VII, naming the County as additional insured, with policy limits of no less than $500,000.00 per person and $1,000,000.00 annual aggregate, workers' compensation in statutory limits, and employer's liability of $100,000.00 per accident, $500,000.00 disease (policy limit), and $100,000.00 disease for any employee as may be required by law. Abyss Maritime, Inc. has been unable to provide insurance coverage for its power vessels as required by the License Agreement. Lacking insurance, the County issued a cease and desist order with respect to power vessels on June 26th. Abyss Maritime, Inc. has been allowed to maintain sailboat operations since adequate insurance has been provided for those vessels. Under Paragraph 3 of the License Agreement, the County may terminate the License Agreement in the event of any default or violation of the provisions of the agreement by notifying Abyss Maritime, Inc. in writing. AVAILABLE OPTIONS: A. Terminate the agreement; B. Modify the agreement to reduce the required insurance protection afforded the County; or C. Modify the agreement to exclude those power vessels on which satisfactory insurance cannot be obtained. OTHER ISSUES: In the short time Abyss Maritime, Inc. has been operating at the Wabasso Causeway, a number of other issues have come to the County's attention, including: 1. Parking vehicles overnight (Paragraph F requires Abyss Maritime, Inc. to remove all equipment and property at the end of the business day, but does not specify departure time) . 2. Banner signs at the Causeway. County codes allow no signs without a permit other than those mounted or painted on a vehicle. 3. Waterskiing is being advertised, but none of the vessels insured have sufficient horsepower to pull a waterskier. Mr. Davis, President of Abyss Maritime, Inc., has indicated• that he does not rent his ski boat but provides water skiing rides. (It is staff's opinion that this boat should be insured, as a water skiing accident could involve the County as a defendant no matter who the driver is. ) 57 �OC�I`, :: FMGE�3:�1 JlJL 2 a��