LETTER OF AGREEMENT TO TERMINATE THE PARTNERSHIP, OPERATIONAL SUPPORT AND FUNDS AGREEMENT�
THIS LETTER OF AGREEMENT TO TERMINATE THE PARTNERSHIP,
OPERATIONAL SUPPORT AND FUNDS AGREEMENT ("Termination Letter") is made as of
the > day of �C�. , 2011, between the CITY OF CLEARWATER, a
Municipal Corporation of th�e of Florida, having an address of P.O. Box 4748, Clearwater,
FL 33758-4748, Attention: City Manager ("Landlord" or "City") and PINELLAS CORE
MANAGEMENT SERVICES, INC., a Florida Not-For-Profit Corporation, having an address of
4500 140th Avenue North, Su�e 220, Clearwater, FL 33762, ("Tenant°) (each individually
referred to herein as "Party" or collectively as "Parties").
WHEREAS, the Parties entered into that certain Partnership, Operational Support and
Funds Agreement dated November 19, 2008 ("Agreement"), for the provision of certain
recreation and community services at the Martin �uther King Center Buifding, located at 1201
Douglas Avenue, Clearwater, FL ("Premises"), said Agreement having a stated expiration date
of September 30, 2013; and
WHEREAS, a substitute agreement to fulfill the services at an alternate location,
specificatly, the North Greenwood Recreation and Aquatic Complex has been entered into
between the City and Martin Luther King Jr. Neighborhood Family Center, Inc.; and
WHEREAS, the Pa�ties therefore desire to memorialize the termination of the
Agreement subject to the survival of certain provisions of the Agreement as expressly provided
for therein; and
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Termination of Aareement. The Parties hereto mutually agree and acknowledge to
terminate said Agreement due to the fact that a new agreement for the provision of certain
recreational and community services and the occupation of certain portions of the North
Greenwood Recreation and Aquatic Complex has been entered into between the City and
Martin Luther King Jr. Neighborhood Family Center, Inc. Therefore, the Agreement shall
terminate effective as of 5:00 p.m. Eastern Standard Time, on November 4, 2011 ("Termination
Date"), and PCMS shall surrender the Martin Luther King Center premises to City at that time as
if the Termination Date were set forth in the Agreement as the expiration date of the Agreement.
Notwithstanding the foregoing, all obligations of PCMS as set fo�th in the Agreement including
but not limited to, indemnity, insurance obligations, reporting obligations, access to records, and
outstanding monetary obligations, as applicable, shall survive the termination of the Agreement.
3. Aqreement Oblipations. PCMS shall perForm all of the Agreement obligations and
covenants required to be performed or observed by PCMS up to and including the Termination
Date, including, but not limited to, the payment of any charges payable under the Agreement
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through the Termination Date; removal of any and all personal equipment and supplies owned
by PCMS. Any personal or other property remaining on the premises after the Termination Date
shall become the property of the City of Clearwater. The City and PCMS reserve any and all
rights, remedies and defenses as may be provided by law, which shall survive termination of the
Agreement.
The parties hereto have executed this Termination Letter as of the date first above written.
City of Clearwater, Florida
By: .._. �-
William B. Horne, II
City Manager
� `Y��
aura Mahony
Assistant City Attorney
Pinellas Core Management Services, Inc.
By:
Rosemarie
City Clerk