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SUPPLEMENT TO COMMUNITY SPORTS COMPLEX AMENDATORY AGREEMENT . .' SUPPLEMENT TO COMMUNITY SPORTS COMPLEX AMENDATORY AGREEMENT This SUPPLEMENT TO COMMUNITY SPORTS COMPLEX AMENDAT~ AGREEMENT (this "Supplement") is made and entered into as of ~ '-/ , 20~~ "Effective Date") by and among THE CITY OF CLEARWATER, ~ municipal corporation (the "City") and THE PHILLIES, a Pennsylvania limited partnership, and supplements and amends that certain Community Sports Complex Amendatory Agreement (the "Amendment") dated as of April 1, 2002, between the City and The Phillies. BACKGROUND The City and The Phillies are parties to three instruments respectively relating to the development and use of a new community sports complex and to the use of related spring training facilities: (i) the Agreement for Development of Community Sports Complex (the "Development Agreement") dated as of March 1, 2001; (ii) the Sports Facility Use Agreement (the "Use Agreement") dated as of December 31, 2000; and (iii) the Baseball Training Facility Lease Agreement (the "Training Facility Agreement") dated as of December 31,2000 (together, the "Documents"), as all of the foregoing have previously been amended and modified by the Amendment. Capitalized terms not separately defined herein are used as they are defined in the Development Agreement or the Amendment. AGREEMENT The parties agree that, effective as of the Effective Date, Part A of the Amendment, entitled "Amendments to the Development Agreement" is hereby amended to add the following two additional clauses at the end thereof: 29. Any reference in the Development Agreement to the term "Project Funding" is hereby deleted and replaced with a reference to the term "Community Sports Complex Funding." 30. The dollar figure appearing in the first sentence of Section 8.05 of the Development Agreement is hereby changed from $5,000,000 to $3,500,000. Except to the extent modified herein, the remaining terms and prOVlSlons of the Development Agreement and the Amendment are hereby ratified and affirmed. SUPPLEMENT TO COMMUNITY SPORTS COMPLEX AMENDATORY AGREEMENT ~ IN WITNESS WHEREOF, the parties hereto have executed this Supplement as of the date first above written. Countersigned: ~~~r~~____________ P~~ K. Akin City Attorney THE CITY OF CLEARWATER, FLORIDA William B. Horne, II City Manager .~:Jr Attest: r,>Jk. C'~ -A" - cY;;d~'t'Go~c--~cL~~ City Clerk THE PHILLIES By:_j}~:L!l~~ David P. Montgomery, V--y- General Partner SUPPLEMENT TO COMMUNITY SPORTS COMPLEX AMENDATORY AGREEMENT