FIRST AMENDMENT TO FACILITY USE AGREEMENT
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FIRST AMENDMENT TO FACILITY USE AGREEMENT
This Amendment is made and entered into this j'-ti- day of ~ '
2005 (Effective Date") by and between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation of the State of Florida, hereinafter "City" and PACT, INC., a Florida
not-for-profit corporation, hereinafter "PACT" (each individually referred to herein as
"Party" or collectively as the "Parties").
WHEREAS, the Parties entered into that certain Facility Use Agreement
("Agreement") dated March 7, 2001, and now agree to amend the Agreement as provided
for herein; and
NOW THEREFORE, the parties agree as follows:
1 . Recitals. The recitals set forth above are true and correct and are
incorporated herein by reference.
2. Section 2 is hereby amended as follows:
Use of Facilitv. Subject to the other terms and provIsions of this
Agreement, PACT agrees to make the Facility available for use under this Agreement by
the City of Clearwater for the Clo~l/'water Community Chorus ~md for Clearwater City
Players, or other City funded organizations as designated by the City. Consistent
therewith the City shall be provided up to twelve (12) uses per year of Ruth Eckerd Hall
for rehearsals and/or performances with no rental fee charged and up to twenty (20) uses
per year of Studio One for rehearsals and/or performances with no rental fee charged.
PACT shall supply marketing support for City sponsored events at Ruth Eckerd as
normally provided to renters of the facility. On an annual basis, the City and PACT will
meet to determine reasonable additional opportunities for expanded use which when
mutually agreed upon would be offered with no rental fee to the City. Providing such
facilities to the City shall be subject to scheduling of availability, and out-of-pocket costs or
charges incurred by PACT shall be billed to the City.
Clearwater Community Chorus. The parties aqree that as of the Effective
Date of this Amendment. PACT shall establish a resident proqram ("Proqram") for the
Clearwater Community Chorus ("Chorus") as a part of the Marcia P. Hoffman Performinq
Arts Institute (MPHI). Throuqh the Proqram. MPHI shall provide all administrative and
artistic manaqement support and rehearsal space within the Facilitv for the Chorus.
PACT hereby aqrees. as it is the intention of the parties to promote the Chorus as a
Clearwater community activity. that the chorus will perform a minimum of two concerts
annuallv at Ruth Eckerd Hall and when practical. make additional appearances at City
functions.
3. Section 3. Governmental Assistance. is hereby amended bv addinq the
followinq to the end of that Section:
In addition. the City. in consideration for PACT's obliaations hereunder. shall
provide annual fundina for the Chorus. The initial fundina of $20.000 shall be paid no
later than November 14. 2005. and by March 30 of each year thereafter. PACT shall
submit to the City a reauest for an annual City subsidy ("Subsidy") with supportina
budaetarv information. The Subsidy must be approved throuah the City's annual budaet
process prior to distribution of reauested funds (or any such amount approved by the City
Council). on or around October 30 of that year. The above process for reauest of fundina
shall continue until such time as this Aareement is terminated or the Proaram/Clearwater
Chorus support by PACT is terminated. If the City chooses not to fund Clearwater
Chorus as a part of the Proaram. PACT retains the riaht to alter. chanae or eliminate the
Proaram. Further. if PACT chooses to chanae. modify or terminate the Chorus the City
may terminate or reduce fundina for the Proaram to the extent it deems. in its sole
discretion. the Proaram to have been impacted or diminished. In addition. PACT shall
reimburse to the City any pro-rated portion of the Subsidy for any year in which the
Chorus is terminated. The City shall also provide to PACT the Chorus' current sheet
music librarv. which shall become property of PACT. However. if this Aareement is
terminated. PACT shall take all necessary steps and execute all necessary documents to
transfer ownership of the librarv back to the City. The City makes no warranties or
representations as to copyriahts. licenses or any other riahts related to the use of the
music librarv.
4. All other terms and conditions of the agreement and amendments shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the day
and year first above written.
COUNTERSIGNED:
CITY OF CLEARWATER
By: -=I~ / ~
'---"Frank V. Hibbard
Mayor
By~I!J.~~
William B. Horne, II
City Manager
....
APPROVED AS TO FORM:
ATTEST:
By:
By: );A~~;;11.P1'1i&..
~CY tal:;. G6~au.. _ :=
D- City CI~~\_ ~~-~-.'-' .,/:;;
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L 'ra Lipowski
A sistant City Attorney
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ATTEST:
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F ACT, h.<-i~~~
PACT, INC.
By: ~.A .~~ I
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