LEASE AGREEMENT - CARPENTER FIELD
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LEASE AGREEMENT
THIS AGREEMENT, made as of the 2- (; day of ~
1966, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation existing by and under the authority of the laws of the
State of Florida, hereinafter referred to as the 11 Less or11 , and THE
PHILADELPHIA NATIONAL LEAGUE CLUB, INC., a Pennsylvania corporation,
hereinafter referred to as the 11 Lessee11 ,
WI T N ES SET H
WHEREAS, Lessor owns and operates various recreational
facilities in the City of Clearwater and it owns certain tracts of
land suitable for development for recreational purposes; and
WHEREAS, one of these tracts is located West of U.S. 19
and North of Drew Street in the corporate limits of the City of
Clearwater, said tract being more particularly described in Exhibit
A attached hereto; and
WHEREAS, the Lessor agrees to plan and construct, after
approval by Lessee of engineering plans and specifications, all of
the Improvements specified therein, including, without limitation,
four Baseball Fields and one Practice Field complete with
automatic lawn sprinkler system, a Club House, Parking Facilities
and Bleacher Seats accommodating at least 100 people and the supply
and installation of the related equipment listed on Exhibit B
attached hereto (herein collectively called the "Improvementsrt) on
the aforesaid tract and have the same available on or before
March 1, 1967, unless delayed by strikes, Acts of God, war and other
causes beyond the control of Lessor, all in accordance with plans
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and specifications being prepared by Lessor (herein called the
"Plans and Specifications") which when approved by Lessor and
Lessee are hereby made a part hereof by reference as if set out
in haec verba; and
WHEREAS, the Lessee desires to lease the said tract,
together with the Improvements to be constructed thereon or 1n-
stalled therein when completed (hereinafter referred to as the
"premisesll), for the exclusive use of the Lessee, its minor league
clubs and affiliates for training purposes for the term beginning
March 1, 1967 and terminating on February 28, 1977 with the option
to extend the term for a period of ten years; and
WHEREAS, to finance the entire cost of such Improvements
Lessee agrees, under the terms hereof, to provide funds not exceed-
ing $200,000 to be advanced from time to time as the work progresses,
IT IS, THEREFORE, AGREED THAT FOR AND IN CON-
SIDERATION OF THE MUTUAL PERFORMANCE OF THE
CONDITIONS CONTAINED HEREIN:
1. The Lessor does grant, demise and lease to the Lessee
the complete and exclusive control, use and enjoyment of the premises
together with the Improvements to be constructed thereon or in-
stalled therein for the term of ten (10) years commencing March 1,
1967 and terminating on February 28, 1977; provided, however, that
Lessee is hereby granted the option to extend this agreement for a
period of ten (10) additional years from February 28, 1977, on the
same terms and conditions by giving Lessor written notice of such
extension on or before Apr'il 30, 1976.
2. The annual rental to be paid Lessor by Lessee for the
use of the premises is in the amount of One Dollar ($1.00) per year,
said rent being payable annually in advance on each February 15
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hereafter for the term of this lease and any extension thereof.
3. Lessor agrees to construct, or cause to be constructed,
and/or to install the Improvements in accordance with the Plans and
Specifications and have same available on or before March 1, 1967,
unless delayed by strikes, Acts of God, war and other causes beyond
the control of Lessor. If delayed by any such cause, Lessor agrees
to use its best efforts to make temporary facilities available to
Lessee for spring training purposes; however, Lessor will not be
financially responsible for any such delay.
4. To finance the actual cost of the Improvements, Lessee
agrees to provide funds, not exceeding $200,000., which shall be
deposited by Lessee in a construction trust fund with the Bank of
Clearwater or another depository mutually agreed upon immediately
prior to the award of the contracts referred to in subparagraph (b)
of this paragraph. Such funds shall be disbursed from the construc-
tion trust fund from time to time as the work progresses upon reoeipt
of invoices certified by the City Manager of Lessor as proper for
payment, with a 10% holdback which shall be disbursed upon completion
of the Improvements to the satisfaction of Lessee's architect,
Alexander Ewing & Associates and the City Manager of Lessor. It is
understood and agreed that no funds shall be disbursed from the
construction trust fund unless and until:
(a) the Plans and Specifications have been approved
by Lessee; and
(b) A firm contract or contracts shall have been
awarded by Lessor in accordance with its customary contract procedures
(with 100% performance bonds with good and sufficient surety) pro-
viding for the construction or installation of the Improvements in
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accordance with the Plans and Specifications at a total cost not
exceeding $200,000, with completion of the work to occur no later
than March 1, 1967. The cost of rough grading and other preliminary
work done by the Lessor shqll not be included in the cost of the
Improvements.
5. Upon the expiration of the term of this agreement,
the Improvements shall become the property of Lessor.
6. Lessor agrees that at any time during the term of this
agreement that Lessee may construct a dormitory facility on q por-
tion of the premises, or move to the premises a dormitory facility,
at no cost to the Lessor, subject to Lessor's reasonable approval
of the Plans therefor.
7. Lessor agrees to maintain the four playing fields
and practice field in a condition suitable for playing major league
baseball, and also to maintain the parking facility in good order
and repair during the term of this agreement. Lessor also agrees
to provide at its expense three employees to maintain the playing
fields during the period of use by Lessee.
8. Lessee agrees to keep the clubhouse in good order
during the periods of its use by Lessee, except that the Lessor
agrees to provide one janitor to assist in the cleaning during
periods of such use. The Lessor further agrees to make repairs to
the clubhouse at all times and keep the same in a good state of
physical repair at no cost to the Lessee except that Lessee shall
repair any damage resulting from an intentional or wilful act by
any of the Lessee's invitees or players.
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stood that the use of the premises for baseball is now and will
continue to be permitted under Lessor's zoning ordinance.
15. The Lessee agrees that the Lessor has reserved unto
itself, its nominees or assigns, the right to operate any and all
concessions, whether fixed or mobile, during the term of this lease
and further to retain all gross sales and profits therefrom, pro-
vided that Lessee shall be entitled to retain unto itself solely all
radio and television rights.
16. The Lessee specifically agrees to indemnify and save
harmless the Lessor from any and all damage or loss to any or all
personal property placed or moved on the premises by the Lessee; pro-
vided, however, that the Lessor agrees to provide adequate police
protection and patrol in the area including a night watchman during
periods of use by Lessee.
17. Lessee agrees to indemnify and hold harmless Lessor
from all claims and suits for damages to property or injuries, in-
eluding death, to persons, and from all judgments recovered therefor,
and from all expense in defending said claims or suits, including
court costs, attorneys! fees and other expense, caused by the act
or omission of Lessee, its players, agents, servants and employees.
18. Lessor agrees to indemnify and hold harmless Lessee
and its minor league clubs from all claims and suits for damages to
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property or injuries, including death, to persons, and from all
judgments therefor, and from all expense in defending said claims or
suits, including court costs, attorneys' fees and other expense,
caused by the act or omission of Lessor, its agents, servants,
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licensees and employees.
19. Wherever written notice is required, said written
notice should be sent by certified mail, return receipt requested,
to the Lessor at the City Hall, Clearwater, Florida and to the Lessee
at Connie Mack Stadium, Philadelphia, Pa. 19132, or such other
addresses as the parties may hereafter designate in writing.
20. In the event that it becomes impossible for Lessee to
obtain adequate and satisfactory housing and dining accommodations
for its minor league program in the City of Clearwater for any season,
Lessor shall release Lessee from its obligations hereunder for said
season; provided, however, that Lessee shall notify Lessor in writing
of said impossibility at least sixty (60) days prior to the first
date for which accommodations are desired by Lessee in order for the
provisions of this paragraph to become operative.
21. This agreement shall not become effective until all
necessary proceedings have been taken by the Lessor to authorize the
execution of this agreement.
IN WITNESS 'WHEREOF, the parties hereto have set their hands
and seals the day and year first set out above.
CITY OF CLEARWATER, FLORIDA
co~erSi~~ By Kq~ Q-P~
~~mmlSSloner c/ City Manager _ .
Approved as to form and correctneffi: Attest:
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PHILADELPHIA NATIONAL LEAGUE
CllJB, INC.
Attest:
~rfi.-' '[l..,'.~.tJ?;zt;-IL
{/ec _ aryu~~.~:
~_(O, , ~
President ~
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EXHIBIT "A"
That portion of the NE-1/4 of the SE-1/4 of Section 7, Town-
ship 29 South, Rang'e 16 East, being more and particularly'
described as follows, to wit: Commence at the Southwest
corner of the aforesaid NE-1/4 of the SE-1/4 of Section 7,
Township 29 South, Range 16 East and run 589047'4311 E"
239. 10 feet for a point of beginning. From this' located P. O. B.
continue 5 89047143'i E, 999.04 feet to an intersection with the
western right of way line of U.S. 1#19; thence along this last
described right of way line N 0054'44" E, 496.84 feet; thence
o . 0
N 89 051161~ W, 30.00 feet; thep,ce N 0 54'44" E, 750.00 feet;
thence 5 89 05116" E, 10.00 feet; theI)ce N 0054'44" E, 102. 88i,
feet to the East and West centerline of the aforesaid section; ,
thence run N 89959'16" W, 984.21 feet to an intersection with the
eastern rieht of way line of the Florida Powel Corp. right of way;
thence 5 0 42149" W, 193.08 feet; thence 5 0 41'29" W, 1, 153.54
feet along the aforesaid eastern right of way line to the P. O. B. and
containing 30.44 acres, more or less; subject to the following ,
described Drainage Easement: The North 50 feet; the East 50 feet
of the South 750 feet of the North 852.88 feet, and the East 60 feet
of the North 102.88 fee't;.
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EXHIBIT B
List of related equipment to be supplied by Lessor and
installed on the premises:
Two (2) Washers
One (1) Dryer
Three (3) Training Tables
Two (2) Scales
153 Players' Lockers
18 Managers' Lockers
8 Umpires' Lockers
Adjustable Steel Shelving for Laundry and
Issue Storage Rooms
Training Room Shelving and Equipment
Cabinets
Underground Lawn Sprinkler System
24" Formica Top Writing Counter in press Room
8 Bat Racks
18 Portable Back-up Screens