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2003-378RESOLUTION NO. 2003 - 378 A resolution authorizing a matching grant to the danesville Performing Arts Center for Renovation of the Old Marshall Middle School Auditorium into a Community-}Vide Theatre and Performing Arts Center.. Whereas, the Janesville Performing Arts Center, Inc., is a Wisconsin non-profit, non-stock benevolent organization that leases a part of the Marshall School Apartments, located at 408 South Main Street, City of Janesville, County of Rock, State of Wisconsin 53545, owned by Janesville School Apartments, LLC, which premises consists of the old Marshall auditorium and related rooms ("Facility"); and Whereas, the JPAC desires to preserve the historic character of the building and renovate, refurbish, reconstruct and operate the auditorium as a community theater and public performing arts center for all participants, and has undertaken a major public and private fund-drive to facilitate the renovation and subsequent public theater operation ("Project"); and Whereas, an anonymous benefactor has come forward and offered to gift One Million Dollars ($1,000,000.00) to JPAC for the Project if the City of Janesville matched said amount; and Whereas, the Common Council of the City of Janesville find that such City matching grant, historic preservation/renovation along the Rock River, downtown fringe blight elimination/prevention, facility rehabilitation, and subsequent non-profit public use and operation of the Premises and Facility as a community-wide theater and performing arts center open and accessible to all persons is and would be of public benefit and interest, improve and beautify the downtown, enhance the public welfare, facilitate employment, provide wholesome youth activities and entertainment, are civic-oriented, and directly contribute to the economic and public health, welfare, peace and good order of the community, its residents, businesses and visitors; and Whereas, the City Administration has negotiated a Donation Agreement (a true and correct photocopy of which is attached hereto and incorporated herein as if fully st forth verbatim) that sets forth the terms and conditions upon which the City would make such matching contribution to this worthwhile Project; and Whereas, JPAC has executed and entered into the Donation Agreement binding itself thereto, pending Common Council review and action; and Whereas, the Common Council find that the terms and conditions set forth in the negotiated Donation Agreement, and the City's matching grant towards the public parking, operations and use of the Facility in the manner and amounts set forth in said Agreement beneficial to the City and in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that: All above recitals are reiterated and incorporated herein by reference as if fully set forth verbatim; and 2. The City shall make the matching grant contribution ("Donation") to JPAC upon the terms, conditions and provisions set forth in the Donation Agreement; and 3. The Donation Agreement is hereby approved and ratified. The City Manager and his designee(s) may execute and enter into the Donation Agreement on behalf of the City of Janesville; and 4. The City Administration is directed to perform such promises and make such payments as set forth in the Donation Agreement, subject to the Donation Agreement and the conditions and contingencies set forth therein; and BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review, revise, execute, amend, record, file, and/or enter into additional agreements, amendments, documents, and letters of understanding concerning the Agreement, Project, Facility and/or City funds/Donation; and to take whatever other actions that the City Manager may determine in his sole discretion, from time to time and at any time, necessary and/or desirable in the public interest to effectuate the intent of this Resolution. ADOPTED: June 9, 2003 APPROVED: S'~ven E. Sheiffer, City Ma~'ager ATTEST: dear~nn-Wulf, C~ty-Olerk-Treasur~ APPROVED AS TO FOR,M: City Attorney Proposed by: Prepared by: Council Members Murphy, Addie and Steeber City Attorney MOTION BY: l~lurphy SECOND BY: Add'[e COUNCILMEMBER AYE NAY PASS ABSENT ADDLE X MURPHY X DEGARMO X STEEBER X WILLIAMS X BRIEN X WELLNITZ X Resolutions/JPAC Donation Resolution