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AMENDMENT TO LICENSE AGREEMENT ,it . .. -'" I . 4 , AMENDMENT TO LICENSE AGREEMENT THIS AMENDMENT TO LICENSE AGREEMENT is made and entered into this J ~~ day of (\\.A.A.-1~ , 1989, by and between the CITY OF CLEARWATER, FLORIDA, a mlIDicipal corporation, hereinafter called the "Licensor," and ANDERSON BAY CRUISES, INC., a Florida corporation, whose address is 25 Causeway Boulevard, P. O. Box 3335, Clearwater, Florida 34630, hereinafter called the "Licensee:" WITNESSETH: WHEREAS, Licensor and Licensee have entered into a License Agreement dated August 26, 1982, a copy of which is attached hereto as Exhibit 1, and the parties desire to amend the terms of the License Agreement as set forth herein; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein, which each party acknowledges to be sufficient, it is mutually agreed as follows: 1. Paragraph 4 of the License Agreement is amended to read: 4. That Licensee for the right, privilege and license granted herein shall remit to Licensor upon construction of the enlarged slip the sum of $20,000.00 plus $3,550.00 per year for each year that this license remains in effect, or $6,000.00 per year, payable at the rate of $500.00 per month, beginning June I, 1989. Stle;eet4e-the-figflt-ef-IrleeflSeHe-t'eview-8fl8 ffi 6eHy-the-HeeflSe-fee-se+-6tlf-hePetft-8Hhe-efla-ef-the-#Hh-ye8Po-'Fhe 8flfltl~eflSe-fee-sh~ee-~8Y8~8Hhe-P8te-ef-$4437~S-~tleh-ethep 8m6tlM-8S-Pes~6ffi-Peview-8fl6-m6etHe8#efl-wHh-the first stleh m 6flthly-~8YffieflHe-ee-6tle-eet6eep-l-;--1982-8fla-e6flflfltle-thP6tlgh- M 8Y -1983. 2. Paragraph 6 of the License Agreement is amended to read: 6. Licensee understands that the right, privilege and license granted herein shall apply only to the period of October 1, 1982 through May 30, 1983 and for the same period during any subsequent option years described in Paragraph 3; provided, however, that the right, privilege and license granted to the Licensee shall also apply from JlIDe 1 through September 30 during any such option year, beginning June 1, 1989. *'tty 86dffiefl8'l-tlSe-ey-the-bess6!'-6tlfiflg-8fly-ethep-~f't66-Sh~ee-the-stle;eet &f-8-se~8t'8te-8fld-86etflefl8'l-8gt'ee meflt. ef! '. OI:J.fkL~'(';;) nrrf' 3(q/~ .20 -[lcl ' '",' ,. .. I I 3. All of the terms and conditions of the License Agreement which are not expressly amended herein shall continue in full force and effect and are incorporated herein by reference as if set forth in full. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the day and year first above written. CITY OF CLEARWATER, FLORIDA ---a. -;11 -4L City Manager ,'.k'''......" By: Approved as to form and correctnes Attest: './ ~ ~ '-... ~ =2.. ~~.... ~:;~ y Clerk ....;...---.. .---~~-- ... ~ "~- Witnesses: )l~~ ~B~ ) (jJ(...J~ ';:I fC~4f~tt~t:e ~ 0- 74;r~~ Secretary (CORPORA TE SEAL) ',--..- --- ". - - ---. .-::; ~ - --- . ~. " I I LICENSE AGREEMENT ~ THIS LICENSE AGREEMENT made and entered into this X day of ~ ,1982, by and between the CITY OF CLEARWATER, FLORIDA a municipal corporation, hereinafter called the "Licensor" and , ANDERSON BAY CRUISES, INC., a Florida corporation for profit, hereinafter called the "Licensee": WI T NE SSE T H : WHEREAS, Licensor proposes to enlarge a commercial slip at Clearwater Municipal Marina, and WHEREAS, all nece ssary permits and approval~ have been secured, and the Licensor intends to proceed with enlargement of said slip, and 'WHEREAS, Licensee reque sts a license to dock a lOO foot Dinne r C~_'uise Vessel at such slip at certain seasonal tirr..es of the year; and ViHEREAS, such license would be non-exclusive in character; NOW, THEREFORE, it is mutually agreed as follows: 1. That for and in consideration of t..'-l.e other promises, covenants and payLTIents set forth herein, Licensor, the City of Clearwater, Florida, he reby grants to Licensee, Ander son Bay Cruise s, 'rnc., the license, right and privilege to dock and moor the ve s sel de sc ribed and identified on Exhibit A attached hereto and made a part hereof at the slip to be enlarged by Licensor. 2. That the right and privilege to dock and moor granted by this license shall be non-exclusive in character. The right of mooring and docking he rein come rred shall include the right to emba rk and di semba rk pa ssenger s, guests and visitors to the vessel: the right to come in and go out from the pier \vhen conducting excursions in the Cleanvater area; and the right to receive guests, visitors and the general public "",nile docked. Lessee shall have the right to designate hour'S of departure and operation of Lessee's excursio:"l vessel. - 1 - EXHIBIT 1 ." '. I I 3. That following enlargement of the slip and opening of the same. the license he rein granted shall be for a one year pe riod, effective Odobe r l. 1982, and shall remain in full force until September 30, 1983, and Licensee shall have the option to renew this license each year for nine (9) additional years subject to the other terms and conditions herein contained. 4. That Licensee for the right, privilege and license granted he rein shall remit to Licensor upon construction of the enlarged slip the sum of $20,000.00 plus $3,550.00 per year for each year that this license remains in effe<;:t, subject to the right of Licensor to review and modity the license fee set out herein at the end of the fifth y,=ar. The annual license fee shall be payable at the rate of $443. 75 or such other amoun~ as result from review and modification with the first such monthly payment to be due October 1, 1982 and continue through May 1983. 5. In addition to the license fee set out in paragraph 4, Licensee agrees to remit to Licensor the total sum of $13,300.00 together with interest at the rate of 13% per annum on such total sum, such total sum representing the cost of improvements being made to the slip by Licensor. The total smn set out herein plus interest shall be paid at the rate of $2450.00 per annum during the period of this license. The obligations'set out in this paragraph shall remain an obligation of Licensee whether or not the license is in effect. Licensee shall become liable for the total balance remaining should the license terminate for any reason before the amount set out herein plus interest has been satisfied. Should Licensee default in the annual payn1ent required by this paragraph or should the license terminate with a balance remaining the Licensor may de~lare such total amount to be immediately due and apply to the appropriate court for relief if such sum is not immediately remitted. 6. Licensee understa:lds that the right, privilege and license g::-a"ted herein shall apply only to the period of October 1, 1982 through May 30, 1983 and for the same pe riod during any subsequent option yea r s de sc ribed in Paragraph 3. Any additional use by the Lessor during any other period shall be the subject of a separate and additional agreement. - 2 - -" ~ . 7. Tha1the slip area to which this liclse applies shall be maintained by Licensee in a condition acceptable to Licensor. .. 8. That the license herein granted may not'be assigned, transferred or encUIllbe red in any manne r. 9. That the Licensee shall at all times relieve, indemnify, protect, and save harmless the City of Clearwater and any and all of its officers, agents, and employee s from any and all claims and lia bili ty, including expen se s incur rei in defending against any claim and liability for death of or injury to persons or damage to property, including the slip, that may, in whole or in 'part, arise from or be caused directly or indirectly by: a. any ope ra ti on conducted upon or any use or occupation of ilie slip by ilie Licensee, its officers, agents, employee s, licensee s, pe rmittee s, or invitee s, unde r or pur suant to the pro- , visions of this license agreement; b. any act, omission or negligence of the Licensee, its agents, officers, employees, licensees, permittees, or invitees regardless of whether any act, omission or negligence oLthe City of Clearwater its officers, agents or employees, contributed thereto; c. any failure of the Licensee, its officers, agents or employees, to comply with any of the terms or conditions of this license or any applicable Federal, State, or municipal law, ordinance or regulation. \ In furtherance of the requirements of this paragrapn, Licensee shall acqui re a policy of insurance with the follov.ring limi ts: comprehensive gene ral liability insurance' t? include premises"Joperations liability, contractural liabilit) independent contractor lia bili ty and products / camp lcted ope ra bon s liability in aT amount not less than $1,000,000 combined single limit bodily injury liability, personal injury liability and property damage liability, making the City of Cle3.rwater a named insured. A copy of such policy shall be provided to the City of Clearwater. 10. The license herein granted may be cancelled by <..:ithl.:T p'1.rty upon providing sixty (60) d3.ys notice of termination. 11. Licensee shall not h3..ve the right to erect or place any structure or otner appurtenance within the area of the slip \l,!hich is the subject of this agrecH1ent wit'nout the express permission of the Licensor. 3 , -' ; .,' I I 12. Licensee by its signature below accepts the grant of the license contained he rein and agree s to conform to all of the terms and conditions set forth herein. IN WITNESS WHEREOF, the partie s hereto have caused this license agreement to be executed on the day and year fir st above written. By Mayor- Appr~ve'd as_!gf~rm and correctness:. / ./ / I -, . /, '/"1/ . ,//'/. ,II "'.~ /,/. , I,' ,/ City Attorney~ Atte5~ ..;,. ~~ Lv ~.^ City-Clerk Signed, sealed and delivered in the presence of: Pre sident " '-I? 7 (} ((.,:J"') :~./ Y J 1l .J) '")1';' '.1'\../ C .~ Attest. Jll-J',in1. ~~Of( , . As lio Anderson Bay Cruises, Inc. u~<-( V ;;4-n/l:-t-1~~_, See retary \ (C orpora te Seal) - 4 - . . , I I EXHIBIT A The following boat description covers the Admiral Dinner Boat. This boat to be moored at the Clearwater Municipal Marina and operate from designated slip under the term of the License Agreement this exhibit is attached to: Vessel If 641630 100 foot long 32 foot beam 3 decks (2 enclosed) Steel Hull .