AGREEMENT - JACK RUSSELL STADIUM (3)
~~, ,~
, ' '- ,. ,--- ...:
" t"
I
AGREEMENT
1-
THIS AGREEMENT, made and entered into this /7 t~ day
r12e.)t,o-~6Ct>r--: A.D. 1977, by and between the CITY OF CLEARWATER,
of
FLORIDA, a mu~icipa1 corporation, located in Pine11as County, Florida,
hereinafter referred to as "City", and the PHILADELPHIA NATIONAL
LEAGUE CLUB, located in Veteratts Stadium, Broad Street & Pattison
Avenue, Philadelphia, PA 19148, hereinafter referred to as "Club";
Wn I TN E SSE T H:
That for and in consideration of the monies to be paid hereunder,
and in consideration of the mutual covenants and promises herein
contained, and in further consideration of other good and valuable
considerations, the parties hereto hereby mutually covenant and
agree as follows:
1. The Club shall conduct all of its annual Spring Training in
the City of Clearwater at and on the facilities provided therefore
by the City during the years 1978 through 1988, both inclusive;
provided, however, the Club is hereby granted the option to extend
this agreement for an additional term of ten years commencing with
the year 1989 through 1998, on the same terms and conditions,
by giving the City written notice of exercising said option on or
before April 30, 19a~. The City grants the Club the right to
exchange Spring Training sites for one (1) year of the Club's choice
with another regular National or American League Baseball Club,
so long as said baseball club agrees to be bound by the terms hereof.
During the term of this agreement, the Club agrees to play all of its home
Spring Exhibition Games in Jack Russell Stadium in the City of
Clearwater, and the Club shall play at least ten (10) games during
each Spring Exhibition Season in Jack Russell Stadium and for said games
shall use the best first-string team available.
2. The Club shall have exclusive use of the athletic facilities
~.
,.
I
I
3. Th~ City shall maintain the grandstand and bleachers in Jack
Russell Stadium and shall keep said grandstand and bleachers in a
proper state of repair, and shall hold the Club harmless from any
liability arising out of negligence on the part of the City in
connection with such maintenance.
The City shall keep Jack Russell
Stadium in a clean and attractive condition, and shall maintain the
playing field in a proper fashion which will provide a reasonably
acceptable field for the playing of Major League baseball. The
City shall clean the grandstand each day an exhibition game is played
in Jack Russell Stadium, and shall provide two (2) men for maintenance
of the grounds during the conduct of the Instructional Training
School, and during the Spring Training Season, which men shall
perform their duties under the direction of the Club.
4. The City shall maintain the clubhouse facilities and keep
the same in a proper state of repair and shall hold the Club harmless
from any liability arising out of negligence on the part of the City
in connection with such maintenance.
The City shall also provide
the necessary utility services in connection with utilization of the
facilities of Jack Russell Stadium.
5. The Club and the City agree that the clubhouse facilities
may be made available to other groups at the discretion of the
Director of Parks and Recreation when the Club is not using same.
6. The Club shall have the right to sell tickets, charge for
admission, and receive the revenue from admissions to Jack Russell
Stadium, and have the use of the facilities to be provided by the
City hereunder.
The Club shall pay to the City ten per cent (10%)
of the Club's gross receipts from admissions after deducting all
present or future Federal, State, County or Municipal taxes on said
admissions.
The Club shall keep an accurate record of all revenues
and admissions~ arid shall submit an accounting thereof to the City
within 21 days after the end of Club's spring training together with
, .
..,.,:'
I
I
Club shall be enti.tled toretai.n untoi.tseTf solely all radio and
television rights.
7. In the event that it becomes impossible for the Club to
obtain adequate and satisfactory housing and dining accommodations
in the City of Clearwater for any season, the City shall release the
Club from its obligations hereunder for said season; provided, however,
that the Club shall notify the City in writing of said impossibility
at least sixty (60) days prior to the first date for which
accommodations are desired by the Club in order for the provisions
of this paragraph to become operative.
8. This agreement shall not be assigned or otherwise
transferred, or any other party substituted without the prior
consideration and approval of the City Commission of the City of
Clearwater.
9. This Agreement supersedes and operates to cancel all
prior agreements and amendments thereto between the parties, and
represents the entire agreement between the parties relating to
Jack Russell Stadium.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first set out above.
form and
WITNESSES:
~~
" 7JJ..J::7TAk-~~
/ As to vClub
CITY
By
7-'. ~
{~/.
PHILADELPHIA NATIONAL LEAGUE CLUB
By RJ,YA, G~ 11Jf
President
Attest:1fr ~ ;j~
Secretary