TERMINATION OF LEASE AND LICENSE AGREEMENT
TERMINATION OF LEASE AND LICENSE AGREEMENT
THIS TERMINATION OF LEASE AND LICENSE AGREEMENT is made
and entered into this 1.;)J~day of , 2004, by and between
the City of Clearwater, Florida, a muni ipal corporation of the State of Florida,
whose mailing address is Post Office Box 4748, Clearwater, Florida 33758,
("City"), and Clearwater Ferry Service, Inc., a Florida corporation, whose
mailing address is P,O, Box 3335, Clearwater, Florida 33767, ("Clearwater
Ferry"):
WHEREAS, City and Clearwater Ferry entered into a ten (10) year ground
lease on August 2, 1989 which was extended for five (5) years and is scheduled
to expire on August 31,2004 ("Lease"); and
WHEREAS, City and Clearwater Ferry, simultaneous to the Lease,
entered into a license agreement for the operation of a ferry boat from the leased
premises, ("License and Agreement") which is also scheduled to expire in August
2004; and
WHEREAS, City and Clearwater Ferry hereby agree to simultaneously
terminate the Lease and the License and Agreement prior to the scheduled
expiration dates subject to the terms of this Termination of Lease and License
Agreement.
NOW, THEREFORE it is mutually agreed as follows:
1. City and Clearwater Ferry agree to the termination of that certain
Lease agreement between the parties dated August 2, 1989,
subject to the conditions of this agreement.
2. Clearwater Ferry hereby acknowledges that section 5,04(1) of the
Lease expressly provides "that any and all pilings, docks, ticket
office and improvements and fixtures of whatsoever nature at any
time constructed, placed, or maintained upon any part of the
Leased Land" shall automatically become the property of the City,
as lessor, on August 31, 1999, (the end of the initial lease term).
Subject to the improvements above, Clearwater Ferry agrees to
redeliver possession of the leased premises in substantially the
same condition that existed immediately prior to (Lessee's)
Clearwater Ferry's entry, reasonable wear and tear excepted, Any
improvements shall remain property of the City and shall not be
removed or altered in any fashion,
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3. City and Clearwater Ferry agree to the termination of that certain
License and Agreement, dated August 2, 1989, and all
amendments thereto, subject to the conditions of this agreement.
4, Clearwater Ferry has voluntarily requested that City terminate said
Lease and License and Agreement for the purpose of relocating the
business of Clearwater Ferry Service, Inc,
5, Clearwater Ferry has agreed to the voluntary termination of the
Lease and License and Agreement without any further obligation by
City or Clearwater Ferry for the remaining terms of the Lease and
License and Agreement, however, any provisions of the Lease and
License and Agreement expressly intended to survive said
agreements shall survive to the extent applicable,
6, Clearwater Ferry hereby represents that Clearwater Ferry does not
have any existing subleases or other agreements, formal or
informal, in place with any third party that would create an interest
in and to the subject premises or create any rights under the
License Agreement, or which would create a requirement for
continued insurance coverage on the subject property.
[signature page follows]
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IN WITNESS WHEREOF, this agreement is executed as of the date first
above written,
Countersigned:
CITY OF CLEARWATER, FLORIDA
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LSftc(n J, Au ngst '
Mayor
By: ~../L.-:iC
William B. Horne II
City Manager
Approved as to form:
Laut:i
Assistant City Attorney
Attest: :
CLEARWATER FERRY SERVICE, INC,
By: ~kt
Phil Henderson
Its: President
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