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FOURTH AMENDMENT TO LICENSE AND AGREEMENT -- ~. " .{,~ -. ... ,;;. , ~., FOURTHlAMENDMENT TO LICENSE AND AIREEMENT THIS FOURTH 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, wherein the CITY authorized the OPERATOR to operate a commercial ferry service, as amended on May 29, 1990, September 28, 1990, and May 31, 1991; and WHEREAS, the CITY and the OPERATOR have agreed to amend the License and Agreement as provided herein; NOW THEREFORE, in consideration of the conditions and mutual covenants contained herein, the parties do hereby agree as follows: 1. Paragraph 18 of the License and Agreement, as previously amended, is further amended to read: OPERATOR AGREES: 18. To not begin or termin~te ferry oervicc ~t the City Uarina under any Det of circumDt~nceo, except: " Marina to board the Admiral or any substitute dinner cruise boat (a) OPERATOR may transport passengers to and from the City operated by or affiliated with OPERATOR; (b) OPERATOR may transport passengers from the Drew ~treet dock to the City U~rin~ ~nd return on the "ldcle off" d~y of 8~fe Boating Weele each year, on ~ d~te to be ~pproYJ'ed by the City H~rborm~oter, provided th~t the OPER\TOR agreeD to provide and doeD provide ouch tripD ~t ~ r~te not more th~n the ~pproved Dchedule of ch~rgeD in effect ~t th~t time; to and from the City Marina. but no oriqination of passenqers departinq the marina are allowed until after 2:00 p.m. dailY: and ?e/~ V 1ll~ page 1 cc-/. /~ -: ! ~ ~.., .~ . ~ '.... ~ . , (c) OpAU\TOR may transport paooenglro from the Ore" Etreet dock to the City 'f;lrina and return on the day of allY other opeci;ll event. or City oponoored function ;It tho Clear\later U;lrin;l 'ii.hen opecif iC;llly appro.Jed by the City Uan;lger. 'Phe OI'ER'\'POR may ch;lrge for ouch tripo on ouch d;lteo not more th;ln tho ;lpproved ochedule of ch;lrgeo in effect at th;lt time. walkinq qroups stayinq at nearby hotels from the marina. Groups. not in walking distance from the marina. bookinq trips on marina fishinq boats. will be allowed into the marina by the Ferry Service providing that the city Harbormaster has approved each occurrence. 2. All of the terms and conditions of the License Agreement, as previously amended, shall continue in effect excU as amended herein. 3. This amendment shall take effect as of ~ 3(), 1991, when fully executed by both of the parties hereto. :;~y ~~EJt~DA Michael wri~-- Ci ty Manager' ~ ) Attest: Approved as to form and correctness: ~,~.' '~.'{)D n hJ.a E. ~lae-aY" _ Clerk l/~ M.A. Galbra' City Attorn Attest: CLEARWA~ER FERR~:~ BY:~ .. eSJ.aen >flU fl. ~ Secretary page 2