THIRD AMENDMENT TO LICENSE AND AGREEMENT
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THIRD AMENDMENT TO LICENSE AND AGREEMENT
THIS THIRD AMENDMENT TO LICENSE AND AGREEMENT is entered into by and
between the CITY OF CLEARWATER, a Florida municipa 1 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, wherein the CITY authorized the OPERATOR to operate a commercial
ferry service, as amended on May 29, 1990, and September 28, 1990; and
WHEREAS, the CITY and the OPERATOR have agreed to amend the License and
Agreement to permit the OPERATOR to provide round-trip ferry service between the
Drew Street dock and the Clearwater Marina as provided herein;
NOW THEREFORE, in cons i derat ion of the cond it ions and mutua 1 covenants
contained herein, the parties do hereby agree as follows:
1. Paragraph 18 of the License and Agreement, as amended on May 29,
1990, is further amended to read:
OPERATOR AGREES:
18. To not begin or terminate ferry service at the City
Marina under any set of circumstances, except:
(a) OPERATOR may transport passengers to and from the
City Marina to board the Admiral or any substitute dinner
cruise boat operated by or affiliated with OPERATOR;
(b) OPERATOR may transport passengers from the
Drew Street dock to the City Marina and return on ~
2, 1990, the "kick-off" day of Safe Boating Week each
year, on a date to be approved by the City Harbormaster.
provided that the OPERATOR agrees to provide and does
provide such trips at a rate not more than the approved
schedu 1 e of charQes in effect at that time free of
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charge on that date as a ~~blic service; and
(c) OPERATOR may transport passengers from the
Drew Street dock to the City Marina and return on the
day of any other special event or City-sponsored
funct i on at the Clearwater Mar i na when specif i ca lly
approved by the City ManaQer City Commission. The
OPERATOR may charge for such trips on such dates not
more than according to the approved schedule of charges
in effect at that time.
2. A 11 of the terms and cond i t ions of the License Agreement, as
previously amended, shall continue in effect except as amended herein.
3. This amendment shall take effect as of May ~I , 1991, when fully
executed by both of the parties hereto.
7i~
R ita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By:
Approved as to form
and correctness:
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M. A. Galbraith, J~., /
City Attorney V
Attest:
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ATTEST:
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. resident
LYUf 0, ~44c~~
Secretary
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