LICENSE AGREEMENT TO DOCK AND MOOR A 100 FOOT DINNER CRUISE VESSEL
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LICENSE AGREEMENT
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THIS LICENSE AGREEMENT made and entered into this '-y(,
da y of
, 1982, by and between the CITY OF CLEAR WA TER,
a municipal corporation, hereinafter called the "Licensor" and
ANDERSON BAY CRUISES, INC., a Florida corporation for profit, hereinafter
called the "Licensee":
WITNESSETH:
WHEREAS, Licensor proposes to enlarge a commercial slip at
Clearwater Municipal Marina, and
WHEREAS, all necessary permits and approvals have been secured,
and the Licensor intends to proceed with enlargement of said slip, and
WHEREAS, Licensee requests a license to dock a 100 foot Dinner
C:c'uise Vessel at such slip at certain seasonal times of the year; and
WHEREAS, such license would be non-exclusive in character;
NOW, THEREFORE, it is mutually agreed as follows:
1. That for and in consideration of the other promises, covenants
and payments set forth herein, Licensor, the City of Clearwater, Florida,
hereby grants to Licensee, Anderson Bay Cruises, Inc., the license, right
and privilege to dock and moor the ve ssel de scribed 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
herein conferred shall include the right to embark and disembark passengers,
guests and visitors to the vessel; the right to come in and go out from the
pier when conducting excursions in the Clearwater area; and the right to
receive guests, visitors and the general public while docked. Lessee shall have
the right to designate hours of departure and operation of Lessee's excursion
vessel.
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3. That following enlargement of the slip and opening of the same,
the license herein granted shall be for a one year period, effective October 1,
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 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, subject to the right of Licensor to review and modity the license
fee set out herein at the end of the fifth year. The annual license fee shall
be payable at the rate of $443. 75 or such other amount as result from review
and modification with the fir st 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 sum
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 payment required
by this paragraph or should the license terminate with a balance remaining
the Licensor may declare such total amount to be immediately due and apply
to the appropriate court for relief if such sum is not immediately remitted..
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 year s de scribed
in Paragraph 3. Any additional use by the Lessor during any other period
shall be the subject of a separate and additional agreement.
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7. That the slip area to which this license applie s shall be
maintained by Licensee in a condition acceptable to Licensor.
8. That the license herein granted may not be assigned, transferred
or encumbered in any manner.
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12. Licensee by its signature below accepts the grant of the
license contained herein 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 first above written.
Mayor-C
Signed, sealed and
delivered in the presence of:
'hJ~~'.~!bV
A s to Anderson Bay Cruises,
Inc.
Attes,t=:. ,.', .....
LLb:~ L~
City-Clerk
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Pre sident
Attest:
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Secretary
(C orporate Seal)
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