CLEARWATER MARINE AQUARIUM GRANT FUNDING AGREEMENT (2)CLEARWATER MARINE AQUARIUM GRANT FUNDING AGREEMENT
This Clearwater Marine Aquarium Grant Funding Agreement is made and entered into this 11+
day of C,U M ,u y , 2010, between the City of Clearwater, a municipal corporation of the State
of Florida, hereinafter referred to as the "City" and the Clearwater Marine Aquarium, Inc., a Florida
non-profit corporation, located at 249 Windward Passage, Clearwater, FL 33767, hereinafter
referred to as "CMA".
Witnesseth:
Whereas, CMA is the site of filming a major motion picture "Dolphin Tale" featuring Winter
the dolphin, and
Whereas, CMA anticipates that upon the release of the movie, that CMA will not have the
facility capacity to provide an appropriate and pleasant guest experience including sufficient parking
unless they acquire additional property and make improvements; and
Whereas, CMA was awarded a $1 million matching grant from the Jacobson Foundation,
$750,000 of which is dedicated to the purchase of property adjacent to CMA for the purpose of
expanding the capacity of their facility; and
Whereas, CMA has requested that the City provide the matching grant for the acquisition of
the property; and,
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
considerations, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
ARTICLE I. TERMS OF GRANT FUNDING
The City agrees to provide a one-time grant to CMA in the amount of Seven Hundred Fifty Thousand
dollars ($750,000.00) to assist in the acquisition of certain real property located at 219 Windward
Passage, herein after referred to as "the Parcel" and more particularly described in "Exhibit A"
attached hereto. The grant funds shall be used as a match for the $750,000 grant from the Jacobson
Foundation and shall be used solely for the acquisition of the Parcel.
The City shall make payment to CMA upon no less than 3 business days notice which shall be
provided to Jay Ravins, Finance Director. The acquisition of the Parcel shall be completed on or
before December 31, 2010. If the acquisition has not been completed on or before December 31,
2010, the grant funds shall be returned to the City within 5 business days.
ARTICLE II. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not
be changed, modified or discharged except by written Amendment duly executed by both parties. No
representations or warranties by either party shall be binding unless expressed herein or in a duly
executed Amendment hereof.
ARTICLE III. USE OF FUNDS AND MAINTENANCE OF RECORDS
44
__.l6M6r ,
Funds received by the CMA from the City shall be used as provided for herein. The Corporation
shall create, maintain and make accessible all related financial and accounting records, books,
documents, policies, practices and procedures as required by law, specifically, Chapter 119, Florida
Statutes.
ARTICLE V. TERMINATION
1) Termination For Cause. Failure to adhere to any of the provisions of this Agreement in
material respect shall constitute cause for termination. Either party may terminate this
Agreement for cause by giving the other party ten (10) days notice of termination. If the
default is not cured within the ten (10) days, the non-defaulting party may give the defaulting
party notice of termination and this Agreement shall terminate 10 days after receipt of such
notice.
2) Disposition of Fund Monies. In the event of termination as set for above, monies made
available to the CMA but not expended in accordance with this Agreement shall be returned
to the City within 5 days of demand.
ARTICLE VI. NOTICE
With copy to:
City Attorney
P. O. Box 4748
Clearwater, FL 33758-4748
ARTICLE VII. EFFECTIVE DATE
Any notice required or permitted to be given by the provisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such other address as such party shall specify to the
other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th)
business day after the day on which such notice is mailed and properly addressed.
1 ) If to Corporation, addressed to
Clearwater Marine Aquarium, Inc.
249 Windward Passage
Clearwater, FL 33767
Attn: David Yates, CEO
2) With Copy to:
R. Nathan Hightower, Esquire
P.O. Box 4376
Clearwater, Florida 33758
If to City, addressed to: City Manager
P. O. Box 4748
Clearwater, FL 33758-4748
2
hi??
A,,,,.
The effective date of this Agreement shall be the date this Agreement is executed by all parties
hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this I day of
]]p.amky Ar , 2010.
SIGNATURE PAGE CLEARWATER MARINE AQUARIUM GRANT FUNDING AGREEMENT.
Countersigned: CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form:
Attest:
cz?`?
cm
n
Pamela K. Akin Rosemarie Call_
City Attorney City Clerk TE?
CLEARWATER MARINE AQUARIUM, INC.
By: 6)Its V-tuD i zr«o c f?SRN? A ? ? b !?
Attest:
3
ilia.,
?'?v•?c5?.;?P1Gf iSU?
ALSO SUI3JEG'T TO a nr'n?exfollawingadescra.bedzprc?[is)erf.ytai??ed
by the Grantor over t
for sidewalk, cl` or?a?hanutwenly?twvn?2?.lC ticataravehiclest?e
parking of not
From the Southwesterly corner of Tract A of Unit 2, Island
Estates of Clearwater (Plat Hook 47, (rages 19A and 20,
Public Records of Pinellas County, Florida) runof Clearwater
23141" W along the Northerly right--of--way line
Causeway, 575.00 feet for a Point of Beg4nning fe; thence
continue N 49°23'41" W along sane line,
thence run S 40°36"19" W, 147.50 feet along the outer face
of a seawall; thence run 94.26 feet along a curve to the
left, along said face, Radius 60.00 feet, infernal angle
90°00'00"; thence run S 49°23`41" E, 362.00 t al
said face; thence run 94.26 feet along a curve tangle
left, along said face, Radius 60.00 € et, internal
feet to the
9000'00"; thence run N 40°36'19" E, 147.50 Point 'of Beginning 01; LESS AND EXCEPT the following
described tract: From the said Southwesterly corner of
Tract A of Unit 2r IthenNortherlyhright-olwwayrlinenof
N 49°2341" W along continue N 49
Clearwater Causeway, 575.00 feet- thence 23141" W, along same lane, 61.50 feet; thence run 40'
36'19" W, 20.00 feet for a Point of Beginning 12; thence
ruin N 49°23'41" W, 206.00 feet; thence run S 37°45'38" w,
9.20 feet; thence run N S2°14'22" W, 16.73 feet; thence
run N 37°45' 38" E, 10.12 feet; theFce runrN 49023141" thence
139.00 feet; thence run S 40036'19" W, 135.50 feet;
run S 49°2.3' 41" E, 28..25 feet; thence run S 40"'36' 19" W(
35.50 feet; thence run S 49 23 41 E, 303.50 feel:-the
run N 4093611911 E? 36.50 feet; thence run 5 49°23'41" E,
30.00 feet- thence run N 40°36'19" E, 134.50 feet to the
Point of Beginning 42;
TOGETHER WITH the right to attach friers and clocks to tiie
seawall, And maintain the piers and clocks.
3'he reverter provision set forth above. hr's heen included
Laws of Floriaa, Special
as required by Chapter E16-345,
Acts of 1986, and is binding tat}on the party of the seeond
part and its successors and assigns.
3
SW'ly Cor. Troct A
unit 2 Island E6taloy
Of Cltdrwolet
s
it
p
?
N#
N
o t` (d
'n
ci
z
t+! 40036'18"E 147,50'
uOTElThis Is not a survey! R. 60.00'
'
•Q 4'
?n
two Ar94.26
v90e00'00"
ti ? y ?N 40c'36' 19"E 134,50'
c o
v
M!
; N M
N L
?`i ai 4-n
eN404AE
5a'
? 3s
R
C; .
N
I
M
p •
O
914 p
p N W t
N
w N
' {
d
a
ro to
M
d
d
•
d 0)
N
, M
• t
1 # p
i
al
z x v
e Ot
a
cn
o
I
4
to
U1 W '
i ? ?
o
et 1? N
t