AMENDMENT AND EXTENSION OF WATER TAXI OPERATING AGREEMENT RENEWALAMENDMENT AND EXTENSION OF WATER TAXI OPERATING AGREEMENT
RENEWAL
This Amendment and Extension of Water Taxi Operating Agreement Renewal (this
"Second Amendment"), is made and entered into this A e. * day of ,,.,J14 i , 2022
(the "Effective Date") by and between the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation, 600 Cleveland Street, Clearwater, Florida 33775 (the "City") and
CLEARWATER FERRY SERVICES, LLC., a Florida limited liability company, formerly
known as CLEARWATER FERRY SERVICES, INC., 615 Pinellas Street, Unit 2,
Clearwater, Florida 33756 (the "Corporation") (the City and the Corporation collectively
referred to herein as the "Parties").
WITNESSETH:
WHEREAS, pursuant to RFP 35-16, the Parties hereto entered into that certain Water Taxi
Operating Agreement Renewal on November 20, 2018 (the "Agreement") where the Corporation
agreed to continue to provide water taxi services to the City in exchange for granting the City certain
lien rights and purchasing options for the Corporation's water taxi vessels; and
WHEREAS, the Agreement provided for an initial two (2) year term with an additional two
(2) year renewal term; and
WHEREAS, the Agreement was renewed at the end of the initial term and the renewal term
is now set to expire on December 1, 2022; and
WHEREAS, the Parties entered into an amendment to the Agreement on February 17, 2022
(the "First Amendment") which allowed for the expansion of the service area for the vessel known
as "Monica's Crossing" and released the lien that the City held over said vessel; and
WHEREAS, the Parties now wish to extend the Agreement for an additional two (2) year
term; and
WHEREAS, the Corporation's water taxi service is highly unique and specialized and
provides an excellent means to alleviate traffic congestion in the service areas covered under the
Agreement; and
WHEREAS, the Corporation's water taxi service fulfills a public interest in the provision of
multiple options for residents and visitors to travel between Clearwater Beach and Downtown
Clearwater; and
NOW, THEREFORE, in consideration of the continued operation of the water taxi service
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
1. The recitations set forth above in the WHEREAS clauses are true and correct and are
incorporated herein by this reference.
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2. The Parties agree to amend Section 3 of the Agreement to read as follows:
"This 2 -Year Renewal Term shall commence on December 1, 2018, and end on
December 1, 2020. As the end of this first renewal the City and the Corporation may
initiate two (2) additional 2 -year renewals, subject to the mutual agreement of terms.
The City or the Corporation must give written notice of their intent to renew this
Agreement no later than sixty (60) days prior to the expiration."
3. The Parties hereby agree to exercise the second two (2) year renewal option as provided in
the amended Section 3 referenced above with said renewal term to commence on December
1, 2022.
4. In the event of any conflict or ambiguity between the terms and provisions of this Second
Amendment, the First Amendment, and the Agreement, the terms and provisions of this
Second Amendment shall control to the extent of any such conflict or ambiguity.
5. All other terms and conditions of the Agreement and First Amendment shall remain in full
force and effect unless expressly amended herein.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment under seal
as of the day and year first above written.
City of Clearwater, Florida,
a Florida municipal corporation
(The "City")
-(Ce".? -6;"*"'"-C)
Jon P. Jennings
City Manager
Approved as to Form:
Matthew J. Mytych, Esq.
Assistant City Attorney
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Attest:
Print Name:
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Rosemarie Call
City Clerk
Clearwater Ferry Services, LLC.,
a Florida Corporation
(The "Corporation")
By:
)4, Xeczi
Name: P(�I.T Y► G I;t- i` od 1 Yea
Title: