FIFTH AMENDMENT TO LICENSE AND AGREEMENT
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FIFTH AMENDMENT TO LICENSE AND AGREEMENT
THIS FIFTH AMENDMENT TO LICENSE AND AGREEMENTi s 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 December 30,
1991; and
WHEREAS, the CITY and the OPERATOR have agreed to amend the License and
Agreement 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 5 of the License and Agreement, as amended, is further
amended to read:
OPERATOR AGREES:
5. To provide a sufficient number of boats to provide the agreed
ferry service within Clearwater Harbor with a minimum of two passenger
carrying vessels in accordance with the minimum routing schedule attached
hereto as Exhibit "B." These passenger carrying vessels will be designed
to be able to navigate the waters of Clearwater Harbor, St. Joseph1s Sound
and pass under thedrawbridoe bridges over the Memorial Causeway.
2. Paragraph 6 of the License and Agreement, as amended, is amended to
read:
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6. To make stops at the Drew Street Dock, Clearwater Beach
Recreation Center (advance call only), Clearwater Marina as outlined in
the Fourth Amendment to the License and Aoreement and Sea Stone Docks (if
and when this facility becomes available) and such other locations within
Clearwater Harbor as requested by the CITY and subsequently agreed to by
OPERATOR.
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3. Paragraph 28(f) of the License and Agreement, as amended, is amended
to read:
28. This License and Agreement may be cancelled and terminated by
CITY for any of the follow reasons:
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(f) For beginning or terminating ferry service at the City Marina
except as outlined in the Fourth Amendment to the License and Aqreement,
prov i ded, however, the transportation of passengers to and from The
Admiral cruise boat or any other cruise boat affiliated with OPERATOR
shall not cause any cancellation or termination of this License and
Agreement.
4. All of the terms and conditions of the License and Agreement, as
previously amended, shall continue in effect except as amended herein.
5. This amendment shall take effect as of when fully executed by both
of the parties hereto.
CITY OF CLEARWATER, FLORIDA
By:
M. Deptula
Approved as to form
and correctness:
Attest:
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Cynt ia E. Goudealr: ~/ .., .' ':'
City lerk, .. .'
ATTEST:
CLEARWATER EfRRY^ S~,~I.:E' INC. }
BY:~..
Pres i dent ' '-'
V'~ 4 - /tk~L-~
'Secretary
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