TERMINATION OF FACILITY USE AGREEMENTTERMINATION OF FACILITY USE AGREEMENT
This Termination is made and entered into this 0' day of )1.116trul
2018 (Effective Date") by and between the CITY OF CLEARWATEF , FLORIDA, a
municipal corporation of the State of Florida, hereinafter "City" and Ruth Eckerd Hall,
INC., a Florida not-for-profit corporation, hereinafter "REH" as successor in interest to
PACT, INC (each individually referred to herein as "Party" or collectively as the
"Parties").
WHEREAS, PACT was incorporated in 1978 for the sole purpose of
acquiring, constructing, operating and maintaining a performing arts center
[the "Facility"] in the City; and
WHEREAS, incident to PACT constructing the Facility, and operating and
maintaining the same, the City and PACT entered into an initial Facility Availability
Agreement dated March 14, 1979, which was canceled and replaced by that Facility
Use Agreement dated June 1, 1981, which was canceled and replaced by the
Facility Use Agreement dated March 7, 2001 as amended on November 8, 2005;
and
WHEREAS, REH is in the process of conducting a fund-raising campaign to
renovate, modernize and expand the Facility, to create the Ruth Eckerd Hall
Experience; and
WHEREAS, the parties wish to terminate the Facility Use Agreement and
amend the Lease Agreement between the parties dated March 7, 2001 as the
City has not needed to use the facility; and to provide for an annual
contribution to REH for maintenance of the Facility subject to the terms and
conditions in the Second Amendment to Lease dated ,2018; and
WHEREAS, REH has, and will continue to operate and maintain the
Facility and the area generally for the citizens of Clearwater and for various
community groups within the City ofClearwater; and
WHEREAS, in consideration of the services and benefits provided by
REH and to assure the continued high-quality maintenance of the City owned
Facility, the City wishes to provide a subsidy from public funds in the
Seconded Amended Lease Agreement; and
NOW, THEREFORE, in consideration of the mutual promises herein
contained, the City and PACT agree as follows:
[ G M 18-1801-136/216443/1]
1. Recitals. The recitals set forth above are true and correct and are
incorporated herein by reference.
2. That certain Facility Availability Agreement dated March 7, 2001 as
amended on November 8, 2005, previously entered into between the City and
PACT are terminated, canceled, null and void and of no further force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year first above written.
COUNTERSIGNED: CITY OF CLEARWATER
By: 'GtpADrtVICrtIctlf°5
George N. Cretekos
Mayor
By: b,alt.Ua v.
William B. Horne, II
City Manager
APPROVED AS TO FORM: ATTEST:
By:Yot_
amela K. Akin
City Attorney
ATTEST:
By:
Name:
[G M 18-1801-136/216443/1]
Rosemarie Call
City Clerk
RUTH ECKERD HALL, INC.
Successor in inter
By:
z
to PACT, INC.
ent and CEO