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00-29 . . . RESOLUTION NO. 00-29 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DEMONSTRATING THE COMMITMENT BY THE CITY OF CLEARWATER TO MEET THE REQUIREMENTS OF ELIGIBILITY FOR STATE REVENUES AS PROVIDED IN CHAPTER 2000-186, LAWS OF FLORIDA; REQUESTING PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE A NET SEVEN MILLION DOLLARS IN TOURIST DEVELOPMENT FUNDS FOR A COMMUNITY SPORTS COMPLEX; PROVIDING THE CITY'S FINANCIAL COMMITMENT AND APPROVING A LETTER OF INTENT WITH THE PHILADELPHIA PHILLlES AND AUTHORIZING ITS EXECUTION PROVIDING AN EFFECTIVE DATE, WHEREAS, the State of Florida, Office of Tourism, Trade, and Economic Development will accept applications on October 1, 2000 that will provide for the use of state funds distributed pursuant to s. 212.20, F.S.; for the construction or renovation of a facility for a retained spring training franchise, and WHEREAS, the City of Clearwater wishes to build a new community sports complex; and WHEREAS, the City of Clearwater wishes to recognize the strong community partnership, economic benefits throughout the city and county, and civic contribution produced by the Philadelphia Phillies in conjunction with spring training activities; now, therefore, BE IT RESOLVED BY CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. In order to obtain State funding in the amount of seven million dollars and seven million dollars from Pinellas County, the City of Clearwater will, in concert with the Philadelphia Phillies provide at least seven million dollars toward the cost of a new community sports complex. Section 2. The City of Clearwater will build a new community sports complex contingent upon receipt of adequate funding. Section 3. The City of Clearwater hereby requests that the Pinellas County Board of County Commissioners approve a net seven million dollars in tourist development funds as county funding of the new community sports complex project costs. . . . Section 4. The letter of intent with the Philadelphia Phillies, a copy of which is attached, is hereby approved and the mayor is authorized to execute such letter on behalf of the City. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 3rd day of August, 2000. Brian J. Aung Mayor-Commi sioner Approved as to form: j)JL Pamela K. Akin City Attorney Attest: ~~~~ ~ynt I E. Goudea~' -.) , U City Clerk -: ~ - . 2 '. , Sent 8y: The ~hlllies ~xecutlve C~fice 215 463 9434; !\ug.3.'jO 14:44; Pdge. 2/4 . . . Augusl 3, 2000 Th.c Honomblc Brian J, Aungst Mayor-ConunisiSioncr City of Clear,\'dter City Hall 112 S. Osceola Avenue Cleanvater, 1:<"1. 34618 Rc: Proposed Stadium Project Dear Mayor Aungst: This is a letter of intent setting torth in very basic terms lhe rrarm:wurk. 101' an agreement to be negotiated between The Phillies, a Pennsylvania limited partnershlp, domg bLl9'ineas as the Major League Baseball Club known as the Philadelphia Phillies (the "Phillics") and the City of Clearwater, Floritla (the "City") T~ganljng the plazuliIlg. designbg, financing, development and construction of a new baseball stadium and ancilla..ry facilities and improvements that can be used by the PhilLies for professional baseball games and practices and other appropriate events (the "Project"). It is o\Jr understanding that Pinellas County has established a. sch::dllle for con~ideralion of the use of tourist development funds to pay some of the c.o515 of the Project that requires some docwnentation of the intent ofthe parties. At this point we arc very early in the process for establishing the terms of any deftmtivc agreement bet\'leen the Phillles and the City for the developmel'.t and use of the Project. Ncyerlhclcss. in the interest of moving forward with the planning lor the Project, the Phillies are prepared Lo expeditiously negotiate such an agreement \\'ith the City and at this time to agree. on the framework for proceeding and the broad outline of the relationship between the City and th;; PhilLcs as we go folWard, Subject to further discussions, negotiations and preparation and approval, execution and delivery of definitive agreements (including in respect of the financing and the appropriate location for tbe Project), Lhl:! Pbillics and the City agree as follows: The: Phillie>; .Veler.m~ Sl;)t.Iium 'P.O. Box 7)75 'Phila..lelrl1:a. 1'/\ l~lOI fXt:l.:uli", Olli<:~s: (215j .t63-6000 .Sales OffJ.:e: (215) 463.5000 -Ticket Oftice. (J151463-1000 -. Se!lt 8'1: T!'H? ::;-'llll€>S ::xecutive C-:'f:;.ce 21 5 463 g,l 34 j Aug.3-00 ~4:44; P3ge. 3/4 . The Hnnnri:inle Brian L .Aungc;t August 3, lO()O Page 2 1. Use of prQject. The: Philhes commit to using the Project for the spring lraimng aclivities of the M<ljor League Baseball club, including playing exhihition basehall games, for a period tklt \vill he sufficient to satisfy the requirements oftbc 1cgislatIon rccen:ly approved by the Florida Legislatule and the Govemor lh'lf prClvides state funds to pay some of the c05ls of a proJecr such as this. 2. TJlanning & Dcsig:ninil the Project. The Phillies ami the City '.viiI cooperate with each other in the planning and design of the Project, including the programming for lhe Pro.~ect, the selection of deslgn professionals, and :he design of the Project. The precise re:ationship and tole of the two parties wii! be detennined through negotiation ora development agreement f'<.;f the Project. . 3. Financing the Proiect. It is our unt!lifl;\anJing from di~cu:5siol-1S .....1th City offi.cials that the Project will be financed through ~ combination of sources. Funds From the State of Florida received through the recently enacted spring training facilities leGislation wi II total Five Hundred Thousand Dollars ($500,000) per year for 30 years to pay some ufthe development cost of the Project. Pinellas County will pro"ice a net Seven Milhon Dollars (S7,OOO,OOO) orthe development costs from tourist development funds. Finally, the City and the Phillics will provide the remaining amount necessary to complete the Project, which shall be Seven Million Dollars ($7,000,000) or more. The nature and extent of those revenues will be negotiated oetvieen the Phillies and the City and included in the defInitive use agreemet'lt. 4. PineJlas Suncoast Promotion. The Phillies recognize tl'..aT the source of funds from Pinellas County to partially finance the costs of the Project \l.'ill be t!el;ved from the tourist development tax collected from those incividuals who stay in hotels, motels und other transient occupancies in the county. Accordingly, the Phillies acknowledge that to continue the viability of that funding source it is imperative that lndividuals continue to stay in hotels, motels and other transient occupancies to provide such tourist development tax revenues. The Phillies acknowledge that marketing and promotion of the Pinellas Suncoast is necessary to maintain this source of revenue, To help accomplish that, the Phillies agree that, subject to the terms of a definith.e agreement and existing contractual obligations, advertisements prcmoting the Florida Suncoast may be included in programs for Phillies' spring tmining and regular season baseball games, electronic message board advertising in the spring training and regular season stadiums and lime on Phillics' radio and television broadcasts, at IcvellS to be negotiated. The broad outline of the relationship between the City and the Pl1i11ies and the respective responsibilities of each set forth herein is acceptable to the City and the Phill1es as a basis for detennining 1.l1C terms of a definitive agreement betw'een the parties. Acceptance of the terms set forth herein by the parties is subject to the negotiation, approval and execution of a definitive use . ~. S~nt By: The ~hillieB ~xecutlve C~fice 215 46:3 9434; Aug.3.00 14:45; Page 4!4 . The Honorable Brian J. AWlgst August 3,2000 Page J agreement and agreement for the development of the Project which will address these and other matters in more detail and will address additional matters not included herein. The delivery of this letter does not constitute an offer by the Phillies and acceptance and a]1proval by the City docs not constitute an acceptance of any ofTer by the Philhes, an.d such actIons do not cons;irute, result in or be deemed to have created a contract between the parties. The inlent of this lener is to establish the basic terms of a."1 agreement to be negotiated between the parties, Upon acceptance of this lotter by the City, the parties will proceed expeditiously to diligently commence negotiation of definitive agreements to be presented to the parties in the near future and before the deadline for filing an application with the State of Florida t\lr state funds for the Project. TIle Phillies have enjoyed a long standing cordial relationship with the City and the people of Clearwater and we look forward to a mutually beneficial and enjoyable relationship that will keep professional baseball in Clearwater for many years to como. . Smcerely, t9~ Q/'Jf~ . David P. Monlgomery U ? President & CEO .