No more than a total of 20 beach stands shall be used at one time with no more than one beach stand being located in any one block at one time. No beach stand shall be located on private property or within 25 feet of any sand dune. No beach stand shall be located on a beach which, pursuant to the authority delegated to the Chief of the North Wildwood Beach Patrol under §
138-31, is not being protected by the North Wildwood Beach Patrol notwithstanding the fact that such area of the beach may have been designated by resolution adopted by Council pursuant to §
138-31 as a beach area subject to being protected by the North Wildwood Beach Patrol. Due to the continually changing size and configuration of the beach, nothing in this article or in any beach stand concession contract shall be deemed or interpreted as guaranteeing that the successful bidder on a beach stand concession contract will be able to use any specific number of beach stands or any beach stands at all. If beach conditions are such that no beach stands can be utilized, the contractor shall not be entitled to an abatement of the contract price because, by bidding on the beach stand concession contract, each bidder will be assumed to fully and completely understand and be aware that beach conditions, sizes, dimensions, locations and configurations continually and constantly change due to the forces of nature and that the City of North Wildwood cannot and does not make any representation as to the amount of beach area that will be available for use from year-to-year or even on any given day.
