MUTUAL RESCISSION AND TERMINATION OF AGREEMENT MVI AI RRSCISSION AND TERMINATION-Q!AGR N
THIS MUTUAL RESCISSION AND TERMINATION OF AGREEMENT (Rescission)
made and entered into this 20 day of March, 2020 (Effective Date), by and between the
Pinellas Suncoast Transit Authority (PSTA) an independent special district with its principal
place of business located at 3201 Scherer Drive, St. Petersburg, Florida 33716 and City of
Clearwater,Florida (the City,collectively,the Parties).
WHEREAS, the Parties entered into an agreement titled "Clearwater Beach Spring Break
2020 Route Funding Agreement" on January 21, 2020 to fund enhanced trolley service during
the 2020 Spring Break period of March 1 through April 30, 2020, a true and accurate copy of
which is attached hereto as Exhibit A(the Agreement);and
WHEREAS, due to the public health emergency and state and local declarations of
emergency due to the novel coronavirus disease (COVID-19), the City's beaches were closed
and the Parties mutually stopped promoting and providing the enhanced spring break service
provided for under the Agreement effective March 20,2020(Closure Date); and
WHEREAS, the Parties wish to mutually rescind and cancel the Agreement as of the
Closure Date.
NOW THEREFORE, in exchange for mutually agreeable consideration, the receipt and
sufficiency of which is hereby acknowledged,the Parties hereby agree as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. The Agreement is hereby rescinded, cancelled, and shall in all respects be deemed
terminated as of,the Closure Date. All enhanced service provided under the Agreement
prior to the Closure Date shall be invoiced by PSTA and paid by the City pursuant to the
terms of the Agreement.
3. As of the Closure Date, the Agreement shall have no further force or effect and all rights or
duties of the Parties under the Agreement shall be deemed cancelled, null and void, and
terminated. Both Parties agree not to raise any claims that the other party breached the
Agreement by failing to provide enhanced service after the Closure Date.
4. This Rescission is specific to the Agreement as defined herein for the enhanced spring break
service. This Rescission shall not be deemed to affect any claims for performance before the
Closure Date,or any other agreements between the Parties, including but not limited to any
other agreements for funding of other trolley services separate from the enhanced spring
break service.
[Remainder of this page intentionally left blank-signature pages and exhibit follows]
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IN WITNESS WHEREOF,the Parties have caused this Rescission to be executed as of the
Effective Date.
City of Clearwater,Florida PSTA
-WA
William B.Horne Il
City Manager Brad Miller, CEO
ATTEST: #�; y w, �r ATTEST:
Avi
A3, _ ..
Rosemarie Call4p Rachael C,appolla
City Clerk ro
UIA App=0. ,e]
Approved as to form:
APPR
Michael P.Fuino Alco .
Assistant City Attorney
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