MEMORANDUM OF DEVELOPMENT AND USE AGREEMENTS - COMMUNITY SPORTS COMPLEX
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KARLEEN F. DE BLAKER, CLERI< OF COURT
PINELLAS COUNTY, flORIDA
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Prepared by:
02-326461 SPT- 3-2002 4: 02PM
PINElLAS CO BK 12198 PG 50S
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William Kent Ihrig, Esquire
Shumaker, Loop & Kendrick, LLP
101 East Kennedy Boulevard
Suite 2800
Tampa, Florida 33602
Ph.: (813) 229-7600
5Cl90502 09-03-2002 16:02:36
51 AGR-HOME DEPOT
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In:02326461 BK:12196 SPG:0509 EPG:0512
RECllRDING 004 PAGES 1 $19.50
OFFICIAL COPIES 5 $4.00
CERTIFCATION 6 $1.00
JTF
After recording is to be returned to/"
Mark G. Lawson
Bryant, Miller and Olive, P.A.
201 South Monroe Street, Suite 500
Tallahassee, Florida 32301
_~~~50)222-8611
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TOTAL:
CASH AMT. TENDERED:
CHECK AMT.TENDERED:
CHANGE:
BY _____ DEPUTY ClERK
$24.50
$4.00
$21.00
$.50
MEMORANDUM OF DEVELOPMENT AND USE AGREEMENTS
[COMMUNITY SPORTS COMPLEX]
~.s =--==-= This Memorandum of Agreement for Development of Community Sports Complex and
:- Lktt-~orts Facility Use Agreement ("Memorandum") is made this a:L day of ~....J ;, 2002,
::::.": -.-.--by and between the CITY OF CLEARWATER, FLORIDA, a municipal corpo tion of the State
.. ...---.ofFlorida (the "City"), and THE PHILLIES, a Pennsylvania limited partnership ("The Phillies").
'.
This Memorandum pertains to an Agreement for Development of Community Sports
Complex, by and between the City and The Phillies, dated as of March 1, 2001 (the
"Development Agreement") and a Sports Facilities Use Agreement, by and betWeen the City and
The Phillies, dated as of December 31, 2000 (the "Use Agreement"), as both have been modified
and amended pursuant to the tem1S of that certain Community Sports Complex Amendatory
Agreement by and between the City and The Phillies dated as of April 1, 2002 (the Development
Agreement and the Use Agreement, as amended, shall hereinafter be referred to collectively as
the "Agreements"), which provide, among other things, for the development, construction, use
and occupancy of a Community Sports Complex (as defined in the Agreements) by The Phillies
within the Project Site (as defined in the Agreements), fee simple title to which is owned by the
City and which is described in Exhibit "A" attached hereto and made a part hereof, and
construction of the Infrastructure Improvements, as same are defined in the Development
Agreement on and in the vicinity of the property described in Exhibit "A."
Pursuant to the Agreements, the City has granted (and does hereby ratify and confirm
such grant) to The Phillies the right to possess and enjoy the foregoing Project Site and to
develop, construct, use and occupy a Community Sports Complex thereon, and in consideration
therefor The Phillies has agreed (and does hereby ratify and confirm such agreement) to pay and
provide to the City consideration therefor for a term of years all as more particularly provided for
in, and subject to the terms and conditions of, said Agreements.
Unless earlier terminated as provided in the Agreements, the term of the Use Agreement
will end on December 31 of the year in which occurs The Phillies' twentieth full Spring Training
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PIN~llAS COUNTY FLA.
Orr.R~C.eK 1219S PG 510
Season (as defined in the Use Agreement) occurring after the later of (i) January 1, 2004 or (ii)
the date on which the Community Sports Complex is "Complete" as provided in the
Development Agreement.
The Agreements are incorporated herein and made a part hereof by reference as fully as
though they were set forth herein in their entirety. It is the intention of the parties to hereby
ratify, approve and confirm the Agreements and the rights of The Phillies to develop, construct,
use and occupy said property as a matter of public notice and record, upon and subject to the
terms and provisions of the Agreements. The City and The Phillies hereby acknowledge, agree
and consent that the provisions of this Memorandum are consistent with the Agreements and
authorize and direct it's recording in the Official Records of Pine lIas County, Florida.
Copies of the fully executed Agreements are on file with the City Clerk, City of
Clearwater, Florida, located at City Hall, 112 South Osceola Avenue, Clearwater, Florida, which
are available for review and copying by the public.
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~INELLAS COUNTY rLR.
Orr,REC.BK 12186 ~a 511
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective
seals affixed as. ofthe .;?rtLday of WOu.,i;, , 2002.
Willia~
City Manager
Attest:
(SEAL)
Approved as to form:
By: U tJt-
Pamela K. Akin
City Attorney
By: ~",.:.u ~d:-~&uJL
. ~ynthia . oudeau I
1). City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
Th~w~Wledged hefore me this <2i day of /2.",,, A-/;
2002, by ., , ast\Cit)O Manager of the City of Clearwater, ~
corporation of the State of Florida, on behalf of the City. He is personally known to me or has
produced avalid driver's license as identification.
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,.\I~!JI;~". Denise A. Wilson
f~r.;J;;.~ MY COMMISSION /# CC914107 EXPIRES
~.:.~.'~l June 18, 2004 ..
-.;1i.... i'-;;~:'< SONOW IHRU TROV FAIN INSURANClllolC.
.d~r,,,,'\
~a 1J~ (SEAL)
Printed/Typed Nam~UJ'I:S€J A. LJl '[SOU
Notary Public-State of Florida
Commission Number: c.c. 9/ l/ / '() '1
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PINELLRS COUNTY rLR,
OFF.REC,8K 12198 PO 512
THE PHILLIES, a Pennsylvania limited
partnership
By:
David P. Montgomery,
Its General Partner
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
The foregoing instrument was acknowledged before me this 28th day of August, 2002, by
David P. Montgomery, as General Partner of The Phillies, a Pennsylvania limited partnership, on
behalf of the partnership. He is personally known to me or has produced a valid driver's license
as identification.
J1~j LV- '(SE~
Printed/Typed Name: W r:=A1lJ Y S. 7? tJSSE II
Notary Public-
Commonwealth of Pennsylvania
My commission expires: ~I c:{HS-
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Notarial Seal
Wenrtt s. Rossett, Notary Public
City of Philadelphia, Philadelphia County
My Commission Expires May 2, 2005
Member, Pennsvlvanla Association 01 Notarles
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