EIGHTH AMENDMENT TO LICENSE AND AGREEMENT
'--
! . ~
, ,<
J
I
EIGHTH AMENDMENT TO LICENSE AND AGREEMENT
THIS EIGHTH 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; 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. The CITY grants OPERATOR's request to extend the License and
Agreement for one term of five (5) years, beginning September 1, 1999, and
ending on August 31,2004.
2. CITY hereby consents to OPERATOR subleasing said License and
Agreement to SUNCRUZ CASINO, LTD. (SUBLESSEE), for a period of two (2)
years from the date of this Amendment under the following terms and conditions:
a. OPERATOR shall pay CITY $500,00 per week as determined by
City Harbormaster, plus all applicable taxes and fees during the term of the
sublease period.
b. CITY reserves the right to terminate said sublease without cause at
any time upon thirty (30) days' written notice to OPERATOR.
((
j/' ,-' \
(/
. r
..J '.
-I
I
c. SUBLESSEE agrees to use the CITY dock only for loading and unloading of
passengers and marine crew members of SunCruz V (VDN 1039137), who will be
bused to and from the dock from SUBLESSEE's own parking facilities. SUBLESSEE
agrees that it will use CITY docking facilities no more than four (4) days per calendar
month only during low tides, Any additional use must be approved by the CITY
Harbormaster in writing. OPERATOR agrees to notify the date and time that the dock
will be used at least one (1) week in advance of such usage by notifying CITY
Harbormaster in writing, and shall provide quarterly reports to City Harbormaster of
docking facility use by SUBLESSEE.
d. SUBLESSEE will be responsible for all licenses, permits, clean-up and
associated costs for usage of CITY docking facilities, including all maintenance and
repairs of docking facilities.
e. SUBLESSEE shall provide insurance, naming the CITY as additional
insured and shall indemnify and hold the CITY harmless under the same terms set forth
in the License and Agreement with OPERATOR.
f. SUBLESSEE agrees to comply with all docking permit requirements and
regulations set forth by the CITY Harbormaster throughout the term of this License and
Agreement.
3. All other terms and conditions of the License and Agreement as
previously amended shall continue in full force and effect except as amended herein.
This amendment shall take effect as of C)c~~ ~, ,1998, when fully
executed by all of the parties hereto,
!I -. '
I
Countersigned:
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
c---'-~~ <::
John Carassas
Assistant City Attorney
Attest:
ffin Q~~ J t0h:, n. I\~' L
Secretary ~J
Attest:
~~. ~Q~
~
s:/legaUltreuhafljohn/other/clwferry .amd
:1
CITY OF CLEARWATER, FLORIDA
~
By:
Michael J. Roberto
City Manager
Attest:
ia E.-~oudeau
lerk'- '
CLEARWATER FERRY SERVICE, INC.
By: {i:lJJJ1t ~u
President
...,
SUNCRUZ CA INO, L TO,
By: