LEASE AGREEMENT - CARPENTER COMPLEX
CI TY
OF
(1) '1/ () (j ;) /' /
_~l/D.7 \_../i(JL,-'\_,,~,~-
C~E~-;~:TER
..:~
J
POST OFFICE BOX 4748
C LEA R W ATE R , F LOR I D A 33518 - 4748
Office of
City Attorney
(813) 462-6760
January 15, 1981
Mr. Bill Giles
The Phillies
Veterans Stadium
P.O. Box 7575
Philadelphia, Pennsylvania 19101
Re: Lease Agreement Relating to Carpenter Complex
Dear Mr. Giles:
Enclosed herewith are two copies of subject lease which have
been executed by the proper officials of the City of Clearwater.
Please have the lease executed by The Phillies and return
one fully executed copy to this office for retention in the files
of the City Clerk.
Thank you for your assistance and cooperation ln this
matter.
Sincerely /
I
~',-~ -
. I ."~/,. >'~/ , .'
_ ". _' '_., "<,/',c,_ '-,<
M. A. Galbraith, Jr.
City Attorney
MAG:br
Encs.
cc: Ream Wilson
Bill Webb, Esq.
RECEIVE,D
JAM 15 1981
CITY CLERK
/",
"Equal Employment and Affirmative Action Employer"
-'
, ) 1
LEASE AGREEMENT RELATING TO CARPENTER COMPLEX
This Lease Agreement is dated January 28
, 1987, by and between the City
of Clearwater, Florida, a municipal corporation located in Pinellas County, Florida
(the "City"), and The Phillies, a Pennsylvania limited partnership whose principal
office and mailing address is at Veterans Stadium, P. O. Box 7575, Broad Street and
Pattison Avenue, Philadelphia, Pennsylvania 19101 (the "Club"), each of whom, in
consideration of the mutual covenants and promises set forth below, agrees as
follows:
A. The City, in order to induce the Club to continue to conduct its spring
training and instructional league activities in Clearwater, hereby leases and demises to
Club the Premises described on Exhibit A hereto, together with the improvements
thereon erected (collectively the rrpremises"), on the following terms and conditions:
1. Term. The initial term of the lease shall start on January 1, 1987 and end on
December 31, 1988. The term of the lease shall be automatically extended on a year-
to-year basis through December 31, 2000, unless the Club shall terminate it as of any
earlier December 31, starting with December 31, 1988, on at least 60 days written
notice of termination to the City (the initial term as it may be so extended being
referred to below as the "Term").
2. Rent. The annual rent shall be $l.OOt payable by the Club on each February
15 during the Term in advance, and shall be offset against the rent payable to the Club
under Section B(2).
3. Use. The Club shall use the Premises as its spring training site (other than
for games to be played at Jack Russell Stadium) and for its instructional league
training site and may use the Premises for any other baseball playing, practicing,
training and instructional purposes, including without limitation its Dream Week
program. The Club shall have the exclusive use of the Premises during the Term,
();1 .
L- '-'
except as provided in part B hereof. If for any reason, whether or not within the
I' 111/L/LC.i:",
~., "
.. J' . I (71'),.-
\., r~' I ,.., . ; -1-
CCJ.;)T C c...~~/ 0:' !
, ,
-1
I
control of either party, the Club shall be denied such exclusive use of the Premises, it
may (without prejudice to any other rights or remedies) terminate this Agreement
upon 30 days written notice to the City.
4. Maintenance and Repair. The Club agrees during its period of use to maintain
the clubhouse on the Premises in a clean and orderly condition, provided that the City
will at its expense supply one janitor to assist in the cleaning. Otherwise, the City
shall keep the Premises, including without limitation the clubhouse, parking lot,
playing fields, practice fields, bleacher seats, and fences and all other buildings,
structures and improvements thereon erected in good order and condition and shall
perform all necessary maintenance, repair and restoration thereof, ordinary and
extraordinary, structural and non-structural, excepting only as provided in the
penultimate sentence of this Section A(4). Specifically, but without limiting the
generality of the preceding sentence, the City shall continuously maintain the four
playing fields and the practice field in a condition suitable for playing Major League
baseball and in that connection shall provide at least three employees to perform
playing field maintenance during periods of use by the Club. The Club shall bear the
cost of any repair or restoration to the extent that it may be caused by the fault or
negligence of the Club, its players, agents, employees or invitees (ordinary wear and
tear excepted) but only if and only to the extent that the cost thereof may exceed
related insurance proceeds. In the performance of their respective obligations under
this Section A(4), the City and the Club shall comply with all applicable health and
safety code requirements.
5. Inspection. The City may, at reasonable times and with reasonable notice,
inspect the Premises from time to time during the Term.
B. The Club hereby subleases the Premises to the City on the following terms
and conditions:
-2-
"
I
I
1. Term. The term of the sublease shall be during those periods during each
year within the Term that the Club does not use the Premises as permitted by part A.
At present the periods of such non-use are generally May through August and
December through mid-January. Also, from mid-January through April and September
through November, the periods of non-use include evenings when the Premises are not
in use by the Club. The City and the Club may also agree from time to time to the use
of a portion of the Premises when such use is requested by one party and not required
by the other party. At the City's request, from time to time, the Club shall supply a
list of the exact dates the Club will use the Premises during a given year.
2. Rent. The annual rent shall be $1.00, payable by the City on each February
15 during the Term in advance, and shall be offset against the rent payable to the City
under Section A(2).
3. Use. The City shall use the Premises only for recreational uses that shall not
harm the playing fields and practice fields and that do not otherwise impair the
usefulness of the Premises to the Club for the purposes specified in Section A(3).
Specifically, but without limitation, the City shall after each use timely restore the
practice and playing fields to a condition that is suitable for playing Major League
baseball.
4. Bomber Stadium. That portion of the Premises commonly referred to as
Bomber Stadium, including the field, seating facilities and concession stand, was
constructed with the consent of the Club for the use of a men's fast-pitch softball
team, and may continue to be used for such purpose during the Term. On those days
and during those times when Bomber Stadium is not being used for such purpose, it
may be used by the Club or by the City if the Club does not require the use of Bomber
Stadium.
5. Maintenance and Repair. The terms of Section A(4) shall also govern this
sublease except that the Club's obligations under the first sentence thereof shall be
-3-
I
I
-- performed by the City during the periods covered by this sublease.
C. The parties agree that the following terms and conditions shall govern both
the lease and the sublease:
1. Utilities. The City shall pay for all water, gas, electricity and other utilities
consumed on the Premises during this Term.
2. Insurance; Indemnification.
(a) At all times during the Term, the Club shall carry public liability
insurance as to the Premises, with limits of at least $500,000 for injury to or death of
one person, $1,000,000 for injury to or death of all persons from one event and $50,000
for property damage; and the City shall carry adequate fire and extended coverage
insurance on the clubhouse and any other insurable improvements, provided that the
City may self-insure the first $300,000 of such coverage. Such policies shall contain
waivers of subrogation. Each party shall supply to the other certificates evidencing
the insurance it is obligated to carry, which shall state that such insurance shall not be
subject to amendment or cancellation without at least 30 days prior written notice to
the other party.
(b) Each party agrees to indemnify and hold harmless the other from all
claims and suits for damages to property or injuries, including death, to persons, and
from all judgments recovered therefor and from all expenses in defending said claims
or suits, including court costs, attorney's fees and other expenses caused by the act or
omission of the other or its agents, employees and invitees and from damage or loss to
any personal property of the other.
(c) With respect to any person who is not a party or who is not affiliated
with a party, this Section shall not be deemed a waiver of any defense or limitation
available to the City under the Sovereign Immunity Waiver Law, Section 768.28,
Florida Statutes, or successor provisions thereto.
3. Condemnation. In the event of any substantial taking of all or any substantial
-4-
I
,
part of the Premises under the power of or in the nature of eminent domain, the Club
shall participate in the award, as its interests may appear, and may elect to terminate
this Agreement as of the date of taking.
4. Assignment. The rights and obligations of either party hereunder shall not be
assignable without the prior written consent of the other, except for an assignment by
the Club (a) to any purchaser of or successor to the Philadelphia National League
franchise, in which event the Club shall be relieved of all obligations thereafter
accruing hereunder, or (b) to any person or entity controlled by, controlling or under
common control with the Club, or (c) to any Minor League affiliate with which the
Club shall maintain a standard player development contract, in which latter two cases
the Club shall remain responsible to the City for any failure by the assignee to
perform such obligations.
5. Compliance with Law. The parties agree to comply with all laws, ordinances,
rules, regulations, judgments and decrees applicable to the Premises and to the
ownership, leasing, maintenance and use thereof. The City represents and warrants
that the Premises may now and during the Term shall continue to be lawfully used for
the purposes described in Section A(3).
6. Concessions. City shall be solely entitled to operate any and all concessions,
whether fixed or mobile, and to retain all gross sales and profits therefrom. However,
the Club shall retain all radio and television rights and all gross sales and profits
therefrom.
7. Termination for Cause. In the event of any material default by either party
in the performance of its obligations hereunder which shall not be cured (or
commenced to be cured, with such curing thereafter being diligently and in good faith
prosecuted to completion) within 10 days after written notice of default by the other
party, specifying with particularity the nature of the default, then the aggrieved party
-5-
I
I
may, in addition to any other rights or remedies it may have in respect of such
uncured default, terminate this Agreement.
8. Alterations and Improvements. Neither party shall make material alterations
or improvements to the Premises without first obtaining the written 'consent of the
other party.
9. Security. The City shall provide adequate police protection and patrol in the
area of the Premises.
10. Drainage Easements. The Premises are leased and subleased subject to
certain drainage easements which are described more particularly in Exhibit A hereto,
and which are depicted in Exhibit B hereto. These drainage easements benefit both
the Premises and certain real property adjoining to the South of the Premises, and
were granted in part, with the consent of the Club, by a Drainage Easement
Agreement between the City and The Sembler Family Partnership #3, Ltd., dated
, 1986.
11. Upon Termination. All improvements and fixtures on the Premises shall
remain thereon and continue to be owned by the City at the end of the Term and all
personal property and trade fixtures of the Club may be removed by it at the end of
the Term.
12. Miscellaneous. This agreement represents the entire agreement between the
parties relating to the Premises and supersedes all prior leases, subleases and other
agreements. This agreement shall benefit and bind the successors and, to the extent
assignable under Section C(4), the assigns of the parties. All notices to the City shall
be addressed, attention City Manager, to P. O. Box 4748, Clearwater, Florida 33518-
4748 and all notices to the Club shall be sent, attention President, to the mailing
-6-
, t.' ,.
.
I
I
address set forth above or to such other address as either party may from time to time
by such notice respectively specify.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first set out above.
By
..- .--
Approved as to form and
correctness:
Attest:
C ~'--.~, ~
~ ~c',
CIty Jerk -. _'"
--,-
~-
1\..,. -'- ..
I -'-
I..~.~
City Attorn
THE PHILLIES
By .tJdk:-. f~
General Partne .
Attest:
o:s:c/~
.Secretary '/'",!ZJ () /U :j.,./- ".)- -- 7- " U, ?
v",,- r l~vA/../'-L,1 ,,(/y"'"t,.-'/#/(.-<('..........
-7-
I
I
CARPENTER FIELD
Tha t portion of the NE 1/4 of the SE 1/4 of Section 7,
Township 29 South, Range 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 S 89047' 43" E, 239.10 feet for a POINT OF
BEGINNING; thence continue S 89047' 43" 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 0054' 44" E, 496.84 feet; thence N. 89005' 16" W,
30.00 feet; thence N 0054' 44" E, 750.00 feet; thence
S 89005' 16" E, 10.00 feet; thence N 0054' 44" E, 102.88
feet to the East and West centerline of the aforesaid
section; thence run N 890 59' 16" W, 841.03 feet; thence
S 27045' 31" W, 314.80 feet, to an intersection with the
eastern right of way line of the Florida Power Corp. right
of way; thence S 0041' 29" W, 1067.97 feet along the
aforesaid eastern right of way line to the P.O.B. and
containing 29.98 acres, more or less;
SUBJECT TO THE FOLLOWING DESCRIBED DRAINAGE EASEMENTS:
ALSO,
ALSO,
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 feet of the above described property;
Commence at the Southwest corner of the Northeast 1/4
of the Southeast 1/4 of said Section; thence along the
South line of said Northeast 1/4 of the Southeast 1/4, S.
89047' 45" E., 1237.47 feet to the West right-of-way line
of U. S. Highway 19; thence along said line, N. 000 54' 44"
E., 496.84 feet; thence N. 890 05' 16" W., 30.00 feet;
thence N. 00054' 44" E., 644.24 feet; thence leaving said
West right-of-way line, N. 89005' 16" W., 50.00 feet to
the POINT OF BEGINNING; thence N. 44002' 35" W.,
219.39 feet; thence along a line 50.00 feet South of and
parallel with the North line of the Southeast 1/4 of said
Section, S. 890 59' 16" E., 155.03 feet; thence leaving said
line, S. 000 54' 44" W., 157.69 feet to the POINT OF
BEGINNING; containing 0.28 acres more or less;
Commence at the Southwest corner of the Northeast 1/4
of the Southeast 1/4 of said Section; thence along the
South line of said Northeast 1/4 of the Southeast 1/4, S.
89047' 45" E., 1063.67 feet to the POINT OF BEGINNING;
-1-
EXHIBIT A
,J '"
.<
I
I
thence leaving said line, N. 11039' 19" E., 508.18 feet;
thence S. 89005' 16" E., 79.06 feet to the West right-of-
way line of U. S. Highway 19; thence along said right-of-
way line, being 100 feet West of and parallel with the
East line of the Southeast 1/4 of said Section, S. 00054'
44" W., 496.84 feet to the ~outh line of the Northeast 1/4
of the Southeast 1/4; thence along said South line, N. 890
47' 45" W., 173.79 feet to the POINT OF BEGINNING;
containing 1.44 acres more or less.
-2-
L~_-
L 239.10' I
c.. P.O.B.
Southwest Corner of N.E. 1/4
of s. E. 1/4 0 f 5 eel ion 7 - 29-16
",
r
I
I
I
~
-O\-co
VO
-N .
v'"
o 0\
8-
(J)
~
o
a::
n.
a::
o
u
v ~
It) 0)
,., ~
It) ~
~
....
a::
w
~
o
n.
<[
o
a::
o
..J
~
~
-
0\
N
v
o
o
o
(J)
I
I
East -Wesl Centerline Seclion 7-29-167
N 89059'16"W 984.21'
---,~ 841.03~_ ~155'03':I.60'~~
"'~/.9 ~I ~ ^ ~
~~ V,~ ~
I _W .~
-to .v
~ It)
It) 0
100
o 0
O\,Z
co
I , U)
150 -~
I ~
I
I
I
N
w
-
v
.v
v
It)
o
o
o
z
~06'
N 89005 '16 "w
30.00'
~
>
~
:I:
CI)
::i
~
..,
I -
v
!Xl
I~ I.D
Ol
v
/~ w
:
V
V
I -'3;
0
0
0
173.79' z
S 89047'43"E
999.04
THIS IS NOT A SURVEY
EXHIBIT B
pIlDIer
I
r<
RECEIVED
Mr. Tony Shoemaker
City Manager
City of Clear~ater
P. O. Box 4748
Clearwater, Florida
II0V 15 1984
r
~
!
3 3kt~JY. CLERK) I
Dear Tony:
Enclosed please find two signed copies of the Agreement
relating to Jack Russell Stadium for your file.
We are looking forward to operating year around in Clearwater
and I'm sure it is going to be successful for all of us.
Sincerely,
~
William Y. Giles
President
enc.
THE PHILLIES
VETERANS STADIUM. p, O. Box 7575 . Philadelphia, Pa. 19101
Executive Offices: 215 /463-6000 . Sales Office: 215 /463-5000 . Ticket Office: 215 /463-1000
SITE PLANS IN FILE