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SECOND AMENDMENT TO LICENSE AND AGREEMENT I I SECOND AMENDMENT TO LICENSE AND AGREEMENT THIS SECOND AMENDMENT TO LICENSE AND AGREEMENT is entered into by and between the CITY OF CLEARWATER, a Florida municipal corporation (the "CITY"), and CLEARWATER FERRY SERVICE, INC., a Florida corporation (the "OPERATOR.'). WHEREAS, the CITY and the OPERATOR entered into a License and Agreement on August 2, 1989, for the operation of a commercial ferry service, as amended on May 29, 1990; and WHEREAS, the CITY and the OPERATOR have agreed to amend the License and Agreement to establish a new minimum routing schedule as provided herein; NOW THEREFORE, in consideration of the conditions and mutual covenants contained herein, the parties do hereby agree as follows: 1. Exhibit B to the License and Agreement is deleted, and the Exhibit B attached hereto is substituted therefor. 2. All other terms and conditions of the License Agreement, as previously amended, shall continue in full force and effect. 3. This amendment shall take effect as of September ;(d( , 1990, when fully executed by both of the parties hereto. ~gned: R ita Garvey Mayor-Commissioner By: CITY OF CLEARWATER, FLORIDA -td7l~ Ron H. Rabun' City Manage-r--' Approved as to form and corre ness:, v.lu- M. A. Galbraith, City Attorney Attest: ATTEST: '~<-e q, '1~~-1~ By: Secretary , ;-,,',:," Ij I) . \-'7.'1'/ C"'l' -I'~",; ,( ,.,t: (J/ ) ~ ,.. " , I ~ I EXHIBIT 8 TO LICENSE AND AGREEMENT BETWEEN CITY OF CLEARWATER AND CLEARWATER FERRY SERVICE, INC. MINIMUM ROUTING SCHEDULE Round trips will be provided from 10:00 a.m. until 5:00 p.m. daily from March 1 through October 31, except Mondays not falling on a national holiday, and except as provided herein for peak service days. A minimum of six round trips shall be provided daily, visitation and weather permitting. Peak service days: On Saturdays and Sundays, on Friday before and Monday after each nat i ona 1 ho 1 i day weekend (or the Fr i day before and the day of a national holiday falling on a Monday), and during spring break each year (dates to be agreed upon each year), round trips will be provided from 9:00 a.m. to 5:30 p.m. daily. "National holiday" means Memorial Day, Independence Day, and Labor Day. Operation of the ferry service from November 1 to February 28 or 29 shall be by mutual consent of Operator and the City. Ferry service days and times of operation shall be evaluated annually by the City Manager to insure that the service is adequate and operates smoothly.