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AMENDMENT TO WAIVER AGREEMENT AMENDMENT TO WAIVER AGREEMENT THIS AMENDMENT TO WAIVER AGREEMENT, is entered into by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and Meristar Hotels and Resorts/Hilton Clearwater Beach Resort, hereinafter referred to as "Applicant", 400 Mandalay Avenue, Clearwater, Florida 33767, telephone (727) 461-3222. WHEREAS, City and Applicant entered into a Waiver Agreement on November 6, 1990 for 400 Mandalay Avenue, Clearwater, Florida 33767; and WHEREAS, the City agrees to this amended waiver agreement with Applicant pursuant to Section 33.117 City of Clearwater Code of Ordinances: NOW, THEREFORE, City and Applicant agree to the following change to Paragraph 2 a: 1. Within the marked corridor, the Applicant may launch and retrieve watercraft of the types hereinafter described: a) One (1) rubberized shuttle boat, 14'11", powered by a 9,9 horse powered engine. This vessel will be operated by a U.S. Coast Guard approved licensed captain and will be used to shuttle up to 6 people at a time, to and from an awaiting parasail/ excursion boat that will be waiting outside the designated swim zone, 2. All of the terms and conditions of the waiver agreement shall continue in full force and effect except as amended herein. This amendment shall take effect as of \:):z.~~ \~ ,2001 when fully executed by both parties. ~ . y of C arwat r, Florida @\1'f' m Horne, II City Manager A~ J oh Carassas Assistant City Attorney By: By: Meristar Hot d/b/ a Hilton <0.../ .........,. ~ Jim Daugherty President, Resort Recreation, Inc. (Business Operator) Hilton Clearwater Beach Resort Waiver Amendment Page 1 IX) oo-%~co r -'I \.1,,1)