SUBLEASE AGREEMENT
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SUBLEASE AGREEIvIEN'E
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THIS AGREEMEN1', made as of the :2 to day of ~
1966, by and betvleen TFIE PHlLAIJELPHIA NATIONAL LEAGUE CLUB, rHC.,
a Pennsylvania corporation, hereinafter referred to as the llClublf,
and 1'HE Crey OF CLEARWATER, FLORIDA, a municipal corporation existing
by and under the authority of the laws of the State of Florida,
hereinafte~ referred to as the
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WIT N E SSE T H
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Wl1EREAS, By lease agr>eement bearing e~Jen date (herein
called !ILeaseAgreement ") , City has leased to Club for a term of
ten years comm.encing March 1, 1967, a certain tract of land located
West of U.S. 19 and North of Drew Street in the corporate limits
of the Oi ty of Clear'VTB. tel' (herein called the II premises "), said
tract being more particularly described in Exhibit A attached hereto;
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~frmREAS, City has agreed to plan and construct certain
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improvements on the premises for use by Club in accordance with
Plans and Specificati.ons which are to be approved in writing by
Club and Club has agreed to finance the cost of such improvements
which will become the property of City; and
'WrlERKI\S, Club plans to use and occupy the premises for
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training purposes during normal spring training from about Febru-
ary 15 through April 30 of each year, and reserves the right to
use the premises for winter league training from October 1 to
November 30 of each year on i'easonable notice to City; and
WHEREAS, Club desi.res to sublease the premises together
with the improvements to be constructed thereon to City during
those periods of each year when the pr'emises are not used by Club
for training purposes; and
WHEREAS, City desires to sublease the prem.i.ses for recrea-
tional purposes during those periods of each year when not used by
Club;
IT IS, THEREFORE, AGREED THAT FOR AND IN CON-
SIDERATION OF Tlill MUTUAL PERFORMANCE OP THE
CONDITIONS CONTAINED lillREIN:
1. Club does hereby grant, demise and lease to City the
complete and exclusive control, use and enjoyment of the premises
and, the improvements to be constructed thereon from April 30 of each
year until February 15 of the following year during the term of this
agreement; reserving to Club the right to use such portions of the
prewises and facilities fran October 1 until November 30 of each
year as Club shall require for its winter league training program
provided Club shall give reasonable notice to City of its intention
to conduct winter league training during such period. The term of
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this agreement shall be for the period commencing April 30, 1967
and terminating on February 28, 1977; provided, however, that if
Club shall extend the Lease Agreement with the City for an
additional period of ten years this agreement shall automatically
be extended for a period of ten additional years from February 28,
1977, on the same terms and conditions except that the annual
rental during the extension period shall be One Dollar ($1.00) per
year.
2. The annual rental to be paid Club by City for the
use of the premlses shall be $20,000, 1rlhich City covenants and
9.grees to pay in advance in one lump SULl on April 30 of each year
during the original term of this agreement, commencing on April 30,
1967 and continuing annually thereaft.er unt.il and including
April 30, 1976.
3. Cit.y may use t.he premises for any purpose during the
periods of each year permit.ted by t.his agreement or any extension
thereof pr'ovided, however, that such use shall not prevent the
timely restoration of the playi.ng fields to a condition suitable
for playing major league baseball during the periods of use by Club.
4. Club agrees that City may, at its expense, erect and
install facilities for playing night baseball, provided the plans
are submitted to Club for its approval insofar as safety of playing
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personnel is concerned and provided that no poles or supports are
erected on any of the baseball fields.
5. Neither party shall make any material alteration to
the premises without first obtaining the written consent of the
other party.
6. 1\Therever Hritten notice js required.... sa5.d written
notice should be sent by certified mail, return receipt requested,
to Club at Connie Mack Stadium, Philadelphia,. Pennsylvania 19132
and to City at the City Hall, Clearwater, Florida, or such other
addresses as the parties may hereafter designate in writing.
7. This agreement shall not become effective until all
necessary proceedings have been taken by City to authopize the execu-
tion of this agreement.
8. This lease is subject to all of the terms, conditions
and covenants of the Lease Agreement between the same parties.
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IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first set out above.
, "A tte-st ;
THE PHILADELPHIA NATIONAL
LEAGUE CLUB, INC.
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CITY OF CLEARWATER, FLORID~
Countersigned:
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~ uity ~nager
Approved as to form
and correctness:
Attest:
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EXHIBIT "A"
That portion of the NE-1/4 of the SE-l/4 of Section 7, Town-
ship 29 South, Rang'e 16 East, being more and particularly
described as follows, to wit: Commence at the Southweet
corner of the aforesaid NE-l/4 of the SE-l/4 Qf Section 7,
Township 29 South, Range 16 East and run S 89047143" E"
239. 10 feet for a point of beginning. From this' located P. O. B.
continue S 890471431i E, 999.04 feet to an intersection with the
western right of way line of U.S. #19; thence along this last
described right of way line N 0054144" E, 496.84 feet; thence
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N 89 051161~ W, 30.00 feet; the~ce N 0 54144" E, 750.00 feet;
thence S 89 0511611 E, 10.00 feet; theI).ce N 0054144" E, 102.. 88il
feet to the East and West centerline of the aforesaid section; ,
thence run N 89~5911611 W, 984.21 feet to an intersection with the
eastern rieht of way line of the Florida powecf Corp. right of way;
thence SO 4214911 W, 193.08 feet; thence SO 4112.9" W, 1,153.54
feet along the aforesaid eastern right of way line to the P. O. B. ari'd
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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LEASE AGREEMENT
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TIlIS AGREEMENT, made as of the db day of .~A-I
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 "Lessor", and THE
PHILADELPHIA NATIONAL LEAGUE CLUB, INC., a Pennsylvania corporation,
hereinafter referred to as the "Lessee",
WI TN E SSE T 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 corpoDate 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 "Improvements") on
the aforesaid tract and have the same available on or before
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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
WH:EREAS, the Lessee desires to lease the said tract,
together with the Improvements to be constructed thereon or in-
stalled therein when completed (hereinafter referred to as the
"premises" ), 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 April 30, 1976.
2. The annual rental to be paid Lessor by Lessee for the
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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 receipt
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
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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 shall 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 a 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
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9. Lessor at its expense shall carry and maintain ade-
quate ~ire and extended coverage insurance on the clubhouse, and
shall ~urnish Lessee a certi~icate o~ insurance evidencing such
coverage. I~ the clubhouse is damaged by ~ire or other casualty,
Lessor agrees to restore or repair same promptly.
10. The Lessee agrees to be responsible to Lessor ~or any
damage to the premises (ordinary wear and tear excepted) caused by
the negligence o~ any employee o~ Lessee during the periods o~ use
by Lessee.
11. The Lessor agrees to pay all costs o~ water, gas and
electricity consumed on the premises during the periods o~ use by
Lessee during each year o~ this agreement.
12. The Lessee agrees that the premises are not to be
used by Lessee ~or any purpose other than the playing and practice
o~ baseball during the term o~ this agreement without the written
consent o~ the Lessor.
13. The Lessee shall not assign this agreement or sub-
let the premises or any interest therein without the written
consent o~ the Lessor except to any minor league club or a~~iliate
o~ Lessee and except to Lessor during periods when the premises
are not being used by Lessee.
14. The Lessee agrees to observe and obey during the term
o~ its occupancy o~ the ~acilities all laws, ordinances, rules and
regulations promulgated andenforced by the Lessor, it being under-
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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 move.d 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-
cluding 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
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licensees ,and employees.
19.' Wherever written notice is required, said written
notice should be.s~nt 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 a~ the.parties may hereafter designate in writing.
2'0; In the event that it becomes impossible for Lessee to
obtain ade4uat~ and satisfactory housing and dining accommodations
for its minor league program in the Oity of Clearwater for any season,
Lessor shall release Lessee from its obligations hereunder for said
seasonj provided, however, that Lessee shall notify Lessor in writing
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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 tbis 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.
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Approved as to 'form and correctneffi:
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City Attorney! '
CITY OF CLEARWATER, FWRIDA
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. City Manager
Attest:
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City Clerk
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EXHIBIT "A"
That portion of the NE-l/4 of the SE-l/4 of Section 7, Town-
ship 29 South, Rang'e 16 East, being more arid particularly'
described as follows, to wit: Commence at the Southwest
corner of the aforesaid NE-l/4 of the SE-l/4 Qf Section 7,
Township 29 South, Range 16 East and run S8904714311 E"
239. 10 feet for a point of beginning. From this' located P. O. B.
continue S 890471431i 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 0054144" E, 496.84 feet; thence
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N 89 05116" W, 30.00 feet; thence N 0 54'44" E. 750.00 feet;
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thence S 89 05116" E, 10.00 feet; thel).ce N 0054'44" E, 102.88,>
feet to the East and West centerline of the aforesaid section; ,
thence run N 8995911611 W, 984.21 feet to an intersection with the
eastern rieht of way line of the Florida powecf Corp. right of way;
thence SO 42149" W, 19.3.08 feet; thence SO 41129" W, 1,153~54
feet along the aforesaid eastern right of way line to the P. O. B. arid
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'ti.
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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