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12-14RESOLUTION NO. 12-14 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DECLARING CERTAIN CITY-OWNED PROPERTY AT 401 CLEVELAND STREET ("PROPERTY") AS NEEDED FOR MUNICIPAL PURPOSES OTHER THAN THE PURPOSE PROVIDED FOR IN THAT CERTAIN LEASE AGREEMENT ENTERED INTO BETWEEN THE CITY OF CLEARWATER AND THE GREATER CLEARWATER CHAMBER OF COMMERCE ("CHAMBER") ON JANUARY 27, 2011 ("LEASE"), WHICH CURRENTLY ENCUMBERS THE PROPERTY; AUTHORIZING CITY STAFF TO PROVIDE SIXTY (60) DAYS NOTICE TO THE CHAMBER OF TERMINATION OF THE LEASE FOR MUNICIPAL PURPOSE AS PROVIDED FOR IN SECTION 17(D) OF THE LEASE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater and the Greater Clearwater Chamber of Commerce entered into that certain lease agreement on January 27, 2011, providing for the Chamber's occupation and use of City-owned property at 401 Cleveland Street, Clearwater, Florida; and WHEREAS, in accordance with City of Clearwater Charter provision 2.01(d)(5)(viii), Lease Section 17(d) allows for termination of the Lease and provides for the recapture of the subject Property in the instance that the City Council finds at a duly constituted City Council meeting that the Property is needed for other municipal purposes; and WHEREAS, the Ruth Eckerd Hall has indicated a willingness and desire to expand, construct, renovate, repair and operate the City-owned Capitol Theater in the City's vital downtown core, and the City supports such expansion, renovation and development of the Capitol Theater; and WHEREAS, the Capitol Theater adjoins the subject Property and the expansion of the Capitol Theater requires the inclusion of said Property; and WHEREAS, the City Council hereby finds that the expansion, renovation and development of the Capitol Theater premises will enhance the performing arts experience for the community, and the City's cooperation with Ruth Eckerd Hall and the renovation project will advance the downtown district's economic development efforts, enhance tourism and arts education, and provide a clear sense of regional and national destination for the Cleveland Street District; now, therefore, Resolution No. 12-14 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Council of the City of Clearwater hereby finds that the property more commonly known as 401 Cleveland Street, Clearwater, Florida, is needed for municipal purpose other than as presently leased to the Greater Clearwater Chamber of Commerce, and therefore, city staff is directed to provide the sixty (60) day notice of termination to the Greater Clearwater Chamber of Commerce in accordance with Section 17(d} of the subject lease between the City and the Chamber. Section 2. This resolution shall take effect immediately upon adoption. i� PASSED AND ADOPTED this I(p day of ���� u.Q.r- , 204�F: Approved as to form: � � Laura Lipowski Mahony Assistant City Attorney .. q �o��� /1 C��c�kA,s George N. Cretekos Mayor Attest: ,�C�. ni CL� cc.. Rosemarie Call City Clerk ��w�OFTNFC��� r` � ��o �t � C� c`9 %' '°� �,�A �� �,� 2 Resolution No. 12-14