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RICHARD B. BAUGARDNER MEMORIAL (RUTH ECKERD HALL) ) , I TH I S AGREEMENT is ma de AGREEMENT or ,61{ ,J t: .' .' on' ~ -.2j 1990, among J'une Baumgardner CITY MANAGER Gelbart ("Gelbart"), PACT, Inc., a Florida non-profit corporation ("PACT"), and the City of Clearwater, a Florida municipal corporation ("City"). RECITALS , ----A. ' ,-PAC-T- operates ,Rut,t!~Ec*el"d Hall~aj;.tt!e--BalJmgal"dnel"-_Genter fGf'~tt!e-" Performing Arts ("Center") located within the municipal limits of the City. B. Gelbart played a key role in creation of the Center by causing the land upon which the Center now sits to be donated for that purpose. C. In tribute to the memory of Richard B. Baumgardner, Gelbart, PACT, and the City Cooperated to create a memorial in his honor, which memorial is located on the grounds of the Center. D. It is the desire of Gelbart, PACT, and the City to assure that the bust of Richard B. Baumgardner now part of the memorial display will, under all circumstances, be prominently displayed on the grounds of the Center. - --~ - -- -- ----- - -c-_ __"_ __ -- _c_ __ Now, therefore, in consideration of the mutual promises herein contained, the parties hereto contained, the parties hereto agree to as follows: 1. The foregoi ng recital s are true and correct and are incorporated ~~~-~--=----- --~-----~--- herein by reference. 2. Should the occasion ever arise that the bust of Richard B. Baumgardner now located on the grounds of the Center be moved, it wi 11 be moved to a location that is meaningful and prominent to those visiting the Center so that the memory of Ri chard B. Baumgardner wi 11 conti nue to be appropriately honored. 3. Any alternative site would be comparable in size and include the full name on a wall with comparable sized letters. VisibilHy to include ni ght 1 i ghti ng. 4. If for any reason it is no longer feasible to display bust, it will revert to June Baumgardner Gelbart or her designee. 5. So long as June Baumgardner Gelbart Is 1 iVing, all changes to the site, of the bust~ will be done with her approval. -:,'- ,. '7 ( ) /('J ( / ~r . J I the date written above. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on Witnesses: g;, ,J-/ / 1/ ,// _,/~ JZ_-="-C'l~ A-" ~ ~OOf ~~ O..~..,) _-'C___=,____ ---'--'~,--- --~ --------=~- -- C-- ~-7./ Mayor-Commissio r Rita Garvey Approved as to form and correctness: ~~~' ~'.,.'~--~~- ,- City Attar ey M. A. Ga aith, Jr. --~-PAn; Inc~- -~~_o_o_____ - - _--0'__- ______---'---_ , --- '<:;;?---=> By: ,;;xpA~...h#_L C """'-?~.AM ___ CITY OF CLEARWATER, FLORIDA ~~,,-;;2I #~ Ci ty Manager Ron H. Rabun By: Attest: ----: -" -- ----- --~ :. \{j t~~~rr'-:~~'" ~ Cyfi th.b...E.- '.:G0 ri<i'e au ~~-