FOURTH AMENDMENT TO CAPITOL THEATRE OPERATING AGREEMENTFOURTH AMENDMENT TO CAPITOL THEATRE OPERATING AGREEMENT
THIS FOURTH AMENDMENT TO CAPITOL THEATRE OPERATING
AGREEMENT (the "Fourth Amendment "), made and entered into this vi I day of
} 1412_ y , 2014, by and between CITY OF CLEARWATER, a municipal
corporation, whose mailing address is: Attn: Rod Irwin, Assistant City Manager, Post
Office Box 4748, Clearwater, FL 33758 -4748, hereinafter referred to as "City ", and Ruth
Eckerd Hall, Inc., a Florida not - for - profit corporation, whose mailing address is: Attn:
Zev Buffman, 1111 McMullen -Booth Road, Clearwater, FL 33759 hereinafter referred to
as "REH ";
WHEREAS, the City and REH entered into the Capitol Theatre Operating
Agreement dated September 20, 2012, herein after referred to as " the Agreement "; and
WHEREAS, the City and REH entered into the First Amendment to the
Operating Agreement dated August 30, 2013, which amended the Capitol Theatre
Project Budget; and
WHEREAS, the City and REH entered into the Second Amendment to the
Operating Agreement dated December 9, 2013, which amended the Capitol Theatre
Project Budget; and
WHEREAS, the City and REH entered into the Third Amendment to the
Operating Agreement dated January 24, 2914, which reduced the initial amount
required to be deposited into the Capitol Theatre Reserve Fund; and
WHEREAS, the City applied for and was granted a State Cultural Facilities Grant
in the amount of $1,000,000; and
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1 4th Amendment to Capitol Theatre
Operating Agreement
WHEREAS, REH wishes to receive the transfer of the funds into the project
budget prior to the actual disbursement of the Grant money from the State to the City;
now therefore
Section 1. The parties agree to amend the First Amendment and Second
Amendment to the Operating Agreement by deleting Section 2 of both
Amendments, which stated that the amendments would become effective upon
receipt of the Cultural Facilities Grant from the State.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
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Witness - Signature
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Witness - Print Name
Countersigned:
cCeo (Lf 4 C'Ado
George N. Cretekos
Mayor
Approve l as to form:
Pamela K. Akin
City Attorney
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RUTH ECKERD HALL, INC., a Florida
non -profit corporation
CITY OF CLEARWATER, FLORIDA
By: (A) S ' ' J:1
William B. Home II
City Manager
Attest:
64.040_ Oqi'
Rosemarie Call
City Clerk
2 4th Amendment to Capitol Theatre
Operating Agreement