RUTH ECKERD HALL ROYALTY THEATER GRANT FUNDING AGREEMENT
RUTH ECKERD HALL ROYALTY THEATER GRANT FUNDING AGREEMENT
. ~
I,his Ruth Eckeerd Hall Funding Agreement is made and entered into this ~ J e day of
r-b T-~ r ~ '-I , 2008, between the City of Clearwater, a municipal corporation of the State of
Florida. hereinafter referred to as the (I1CityU) and Ruth Eckerd Hall, a Florida non-profit corporation,
hereinafter referred to as the CrCarporationn). .
ARTICLE L TERMS OF GRANT FUNDING
The City agrees to provide a one-time grant to the Corporation in the amount of Thirty Five
Thousand Dollars ($35JOOO.OO) to assist in funding a business plan for the Royalty Theater and an
architect/consultant team to review architectural issues, including a preliminary look at structural
issues and a costestimaUon for the construction and renovation process of the Royalty Theater,
located at 405 Cleveland S1., Clearwater, FL 33755, in consideration for the provision of public
services as a performing arts center.
ARTICLE II. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not
be cha.nged~ modified or discharged except by written Amendment duly executed by both parties.
No representations or warranties by either party shall be binding unless expressed herein or in a
duly executed Amendment hereof.
ARTICLE ilL USE OF FUNDS AND MAINTENANCE OF RECORDS
Funds received by the Corporation from the City shall be used as provided for herein. The
Corporation shall create, maintain and make accessible all related financial and accounting recordsl
books. documents. policiesi practices and procedures as required by law. specifically, Chapter 119,
F I 0 ri d a Statu tes.
ARTICLE IV. NON-DISCRIMINATION
Non-discrimination. Notwithstanding any other p~ovisjon of this agreement, the Corporation for
itself, agents and representatives, as part of the consideration for this agreement does covenant and
agree that:
a) No Exclusion from Use. No person shall be excluded from participation in, denied
th e benefits of, or otherwjse be su bjected to discri m ination in the operatio n of th is
program on the grounds of race, COIOf, religion, sex, handicapt age or national origin.
b) No Exclusion from Hire. In the managementt operation, or provision of the program
activities authorized and enabled by this agreementi no person shalf be excluded
from participation in or denied the benefits of or othelWise be subject to
discrimination on the grounds oft or otherwise be subjected to discrimination on the
grounds of racel color, religion, sext handicap, ager or national origin1 except that
age may be taken into consideration to the extent that the age of an employee is a
. bona fid e occu pational q u aJification.
c) Inclusion in Subcontracts. The Corporation agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-
contracts.
d) Breach of Non-discrimination CovenantstI In the event of conclusive evidence of a
breach of any of the above non-discrimination covenants, the City shall have the
rjght to terminate this agreement .
1
ARTICLE V. COMPLIANCE WITH LAW AND TERMINATION
1) Compliance with Law. Corporation shall comply with aU federalt statel county and local
law, rulesr regulations.
2) Termination For Cause. Failure to adhere to any of the provisions of this Agreement in
material respect shall constitute cause for termination. Either party may terminate this
Agreement for cause by giving the other party sixty (60) days notice of termination~ If the
default is not cured within the sixty (60) days, the non-defaulting party may give the
defauJting party notice of termination and this Agreement shall terminate 60 days after
receipt of such notice.
2) Disposition of Fund Monies. In the event of termination for any reason. monies made
available to the Corporation but not expended in accordance with this Agreement shall be
returned to the City within 30 days of demand~
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such ather address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid)t on the fifth (5th) ·
business day after the day on which such notice is mailed and properly addressed~
1 )
If to Corporation, add ressed to:
Robert A. Freedmanf President and CEO
Ruth Eckerd Hall
1111 McMullen Booth Road
Clearwater, FL 33759
2)
If to City, addressed to:
City Manager
p~ O~ Box 4748
Clearwater, FL 33758-4748
With copy to:
City Attorney
P. O~ Box 4748
Clearwater, FL 33758-4748
ARTICLE V. EFFECTIVE DATE
The effective date of this Agreement shall be the date this Agreement is executed by all parties
hereto.
- }-\....
It+! WITNESS WHEREOF, the parties hereto have set their hands and seals this . e day of
~.-. "=' t'" r f,-'--1 , 2008.
2
SIGNATURE PAGE RUTH ECKERD HALL ROYALTY THEATER GRANT FUNDING
AGREEMENT FEBRUARY 2008.
Approved as to form:
CITY OF CLEARWATER, FLORIDA
4i~-n:
illia m B. Horne II
City Manager
Attest:
RUTH ECKERD HALL
By:h~.r~
Its ?,..s.- So ~ J...~ to- ~ ~ c-. ~
3