SIXTH AMENDMENT TO LICENSE AND AGREEMENT
I
I
SIXTH AMENDMENT TO LICENSE AND AGREEMENT
-
THIS SIXTH AMENDMENT TO LICENSE AND AGREEMENT is entered into by and between
the CITY OF CLEARWATER, a Florida municipal corporation Cthe"CITY"), and CLEARWATER FERRY
SERVICE, INC., a Florida corporation (the "OPERATOR").
. WHEREAS, the CITI 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, May 31, 1991, December 30, 1991', and December
1993; and
WHEREAS, the CITI 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 amended, is further amended to read:
OPERATOR AGREES:
S. To provide a temporary ferry service, as needed, during the time the
Clearwater Pass Bridge closed to vehicular traffic to include:
Cd) 1.
The OPERATOR will provide temporary ferry service between Clearwater
Municipal Marina and the Community Sailing Center dock on Sand Key during
the time the Clearwater Pass Bridge is closed to vehicular traffic. The estimated
date for closure of the bridge is August 10, 1995, for approximately 80 days;
~
2.
Ferry service trips will begin at the Clearwater Municipal Marina starting
at 8 am each day and ending at 10 pm each day, a total of 14 hours per day.
Ferry trips will be scheduled on the hour at the Clearwater Municipal Marina and
r-
~;~
-~
-
(" I
'../, ,. ;','
"I, ;
(;c'
. ~ ,!
,
I
I
an the half-haur far the Clearwater Community Sailing Center;
3. The Harbar Hopper to. be the primary ferry baat, and the OPERATOR
agrees to. have ather baats ready far backup in the event af mechanical prablems;
4. Each baat will be aperated by a U.S. Caast Guard certified captain and a
fully trained mate;
54 The temparary ferry service will be fully insured as required by the CIlY;
6. Fuel far the ferry service will be purchased at the Clearwater Municipal
Marina;
7. Ferry service disruptian caused by Acts af Gad will be cansidered "dawn
.
time". Such dawn time will nat be charged to. the CIlY by the OPERATOR.
2. Paragraph 4 af the License and Agreement, is amended to. read:
CIlY AGREES:
(a) To. pay the OPERATOR $965.00 per day far the temparary ferry service,
which service includes baats, crew, fuel, maintenance and insurance far the 14 haur per day
temparary ferry service. Upan the re-apening af the Clearwater Pass Bridge to. vehicular traffic, the
temparary ferry service will be discantinued. The CITY will infarm the OPERATOR immediately upan
learning af the cantractar's date af campletian and the discantinuance af the temparary ferry service
under this License and Agreement.
2. All af the terms and canditians af the License and Agreement, as previausly amended,
shall cantinue in effect except as amended herein.
3.
ilus amendment shall take effect as af
, 1995, when fully executed by
bath af the parties hereto..
~
.,), f, '<
# -, '\
I
Approved as to form and
legal sufficiency:
Mf<Jr,~
Paul Richard Hull
Assistant City Attorney
Attest:
>4UR a- ~~~
Secretary
~
I
cm OF CLEARWATER, FLORIDA
By:
Elizar! ~ ~
City anager
Attest:
-~~
:::bJ1}i~
President