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RICHARD B. BAUGARDNER MEMORIAL (RUTH ECKERD HALL)AGREEMENT THIS AGREEMENT is made on J4 2)4 1990 among June Baumgardner Gelbart ( Gelbart ) PACT Inc a Florida non-profit corporation ( PACT ) and the City of Clearwater a Florida municipal corporation ( City ) RECITALS A PACT ope1ates Ruth Eckerd Hall at the Baumgardner Center for the 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 Now therefore in consideration of the mutual promises herein contained the parties hereto contained the parties hereto agree to as f9llows 1 The foregoing recitals 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 will be moved to a location that is meaningful and prominent to those visiting the Center so that the memory of Richard B Baumgardner will continue 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 Visibility to include night lighting 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 living all changes to the site of the bust will be done with her approval IN WITNESS WHEREOF the parties hereto have set their hands and seals on the date written above Witnesses Countersigned Mayor-Commissio Rita Garvey Approved as to form and correctness City Attor M A Gaaith Jr June Baumgar PACT Inc er Gelbart BY CITY OF CLEARWATER FLORIDA By Attest `2',Z4( City Manager Ron H Rabun City C erT k — Cynth_a E Gouaeau