AMENDMENT TO LEASE AGREEMENT - JACK RUSSELL STADIUM
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AMENDMENT TO LEASE AGREEMENT
RELATING TO JACK RUSSELL STADIUM
This Amendment to Lease Agreement is dated this
21st day of October, 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").
The parties, in consideration of the mutual covenants
and promises set forth below, agree as follows:
1. This Amendment modifies the Lease Agreement
Relating to Jack Russell Stadium (herein, the "Lease Agreement")
which was entered into between the parties on October 18, 1984.
Except as expressly modified herein, all other terms of the Lease
Agreement remain in full force and effect.
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2. Section 1 of the Lease Agreement is amended by
extending the minimum term thereof so that it shall end on
December 31, 1996, subject to paragraph 3(b) below. Thereafter,
the Lease Agreement shall be automatically extended on a
year-to-year basis, unless sooner terminated as provided in
Section 1, through December 31, 2000.
3. The City agrees to effect the improvements related
to Jack Russell Stadium described in Exhibit 1 hereto (the
"Improvements") on the following terms and conditions:
a. The City shall effect the Improvements in a
good and workmanlike manner.
b. The City shall use its best efforts to
complete the Improvements prior to March 1, 1988 and believes
that it can do so, subject to delays resulting from strikes,
fire, flood, hurricanes, high winds, civil unrest or the like,
and delays in obtaining (notwithstanding the exercise by the City
of its best efforts to do so) timely delivery of the Astroturf
required by item 5 of Exhibit 1 from the manufacturer thereof.
City represents that the only approvals required to complete the
Combined Improvements (as defined below), including but not
limited to compliance with its own code of ordinances, involve
the vacation of Missouri Avenue, as is necessary to accomplish
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the Improvements contemplated by items 1 through 5 of Exhibit 1.
If those approvals have not been secured by December 4, 1987,
the Club may elect to reduce the minimum term specified in
paragraph 2 hereof and the initial term specified in paragraph 2
of the Amendment to Lease Agreement Relating to Carpenter Complex
of even date herewith, so that both shall end on December 31,
1992. If the Club so elects, items 1 through 5 shall be deleted
from Exhibit 1 and from the definition of the term
"Improvements".
c. The City's obligation is limited to spending
$775,000 to effect the Improvements and the improvements related
to Carpenter Field described on Exhibit 1 (collectively, the
"Combined Improvements"), it being understood that the City shall
use its best efforts to effect the Combined Improvements at the
lowest reasonably attainable cost. The word "spending" means to
make out-of-pocket expenditures to unrelated third parties to
procure the work and materials necessary to effect the
Improvements and does not include any salary or other overhead
expenses whatsoever of City personnel in any way involved in
effecting the Combined Improvements, provided that the City shall
be credited as "spending" the cost to City of any City-owned
materials and the hourly wages of any City employees used to
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perform the work, in cases where City can demonstrate that the
use of such materials and employees is no more costly than
procuring the same from unrelated third parties.
d. The City shall provide to The Phillies,
within ten working days following the end of each month between
the date hereof and the date of the completion of all of the
Combined Improvements and of any additional improvements pursuant
to paragraph 4 below, an accounting certified by its chief
financial officer enumerating with particularity the
out-of-pocket expenses incurred by the City in compliance with
the terms of this agreement.
4. It is the expectation of both parties that the
Combined Improvements can be effected by the City in accordance
with paragraph 3 above (and the comparable provisions of an
Amendment to Lease Agreement Relating to Carpenter Complex of
even date herewith) for less than $775,000. In that event, the
City shall use the balance to effect, on the same basis, such
additional improvements related to Carpenter Field and/or Jack
Russell Stadium as may be reasonably requested by The Phillies.
If, however, the Improvements cannot be so effected within the
$775,000 limit, then the City will so advise The Phillies as soon
as it so determines and afford The Phillies the right either to
direct which Improvements will be foregone or scaled back to
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effect the needed saving and/or to agree to pay all or part of
the shortfall.
5. All of the provisions of the Lease Agreement,
including without limitation the provisions relating to
maintenance, repair and restoration in Section 4 and relating to
insurance in Section 6 shall apply to the Improvements
contemplated by paragraphs 3 and 4 above.
6. Section 8 of the Lease Agreement is amended to
reflect the changes in parking contemplated by item 3 of Exhibit
1, which shall be in addition to the 50 "preferential parking
spaces" referred to in Section 8 and which will be for the Club's
exclusive use, without charge, at all times that the Club is
actually using all or part of the leased Premises.
7. If and when Missouri Avenue is legally vacated as
contemplated by paragraph 3(b) hereof, the legal description and
the plan that comprise Schedule 1 to the Lease Agreement shall be
automatically amended to: (a) reflect the addition to the
Premises (as defined in Section 1 of the Lease Agreement) of the
portion of Parcel 4 that is south of the 8 ft. chain link fence
located north of the proposed practice infield, as shown on the
site plan attached to Exhibit 1, and the deletion of that same
portion of Parcel 4 from the Parking Areas (as defined in Section
8 of the Lease Amendment); and (b) to add the area between
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Parcels 1 and 4 now occupied by Missouri Avenue to the Premises
(to the south of that fence) and to the Parking Areas (to the
north of that fence).
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first set out above.
rsigned:
CITY OF CLEARWATER, FLORIDA
Approved as to form
and correctness:
Attest:
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THE PHILLIES
By' J,...i {2/Jt~
xecutlve Vice e' nt
Attest:
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EXHIBIT 1
The specific improvements to be made by the City are listed
below with their estimated costs.
1 .
Missouri Ave.
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Remove that portion of Missouri Avenue that
lies east of the Stadium, between Seminole and
Palmetto Streets and'grade the site for im-
provements.......................................$33,500
2. Fencing at Jack Russell Stadium
Install an 8' chain,link fence around the ex-
panded property line as shown on the preliminary
site plan. Tennis wind screens will be hung inside
the fence to provide semi-privacy. This item also
includes fencing along the first base line of the
practice infield to be constructed...............$12,000
3. VIP Parking Lot at Jack Russell Stadium
Construct an 80 space parking lot for ~hillies
players and management including a subdrain
system, an asphalt drive and grass parking
spaces. As shown on the preliminary site plan,
players could enter this parking lot in semi-
privacy and go directly to the Clubhouse through
a new gate which will be cut into the existing
St adi urn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,500
4.
Batting Tunnels at Jack Russell Stadium
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Construct two covered batting tunnels immed-
iately north of the parking lot as shown on the
preliminary site plan. These tunnels will be
similar to those recently installed at the Astro
Complex in Kissimmee. The facility will consist
of a metal roof structure and will be enclosed by
chain link fencing. Netting for the two batting
tunnels will be hung under and attached to the
frame of the structure. Skylights and artificial
lighting will be provided. The City will also re-
grade the existing three batting tunnels to improve
drainage........................................ .$59,000
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5. Practice Infield at Jack Russell Stadium
Construct a new practice infield to include
Astroturf per the Phillies specifications. The
location of this proposed field is shown on the
preliminary site plan...........................$282.000
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6. New Backstop at Jack Russell Stadium
Install a vertical b~ckstop with chain link
fencing and/or nylon netting.....................$35,OOO
7. Batting Tunnels at Carpenter Field
Construct four covered batting tunnels at
Carpenter Field which will be similar in
construction to those planned for Jack
Russell Stadium (see attached aerial)............$84,000
8. Fencing at Carpenter Field
Replace backstops and restraining fences on
all four fields as shown on aerial...............$80,000
9. Locker and Storage Room Improvements at Carpenter Field
Renovate 157 lockers in the main dressing room of
the players in a manner similar to the lockers
which were renovated in the Manager's Room during
the 1987 Spring Training Season. Also, construct
a small storage area in the Manager's Office as
described by Mr. Lal'ry ROjas.....................$11,500
Airconditioning at Jack Russell Stadium Clubhouse
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Install an airconditioning system and insulation
as needed in the Jack Russell Stadium Clubhouse..$16,OOO
11. Tarps
Purchase two tarps to be used by the Phillies
at Jack Russell Stadium and/or Carpenter Field...$20,OOO
12. Floor Covering in Clubhouses at Carpenter and
Jack Russell
Purchase and install rubberized floor covering
in these facilities similar to the product ,
recommended by Mr. Larry ROjas...................$94,805
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13. Landscaping
Install miscellaneous landscapeing as needed
in and around the new facilities at Jack
Russell Stadium..................................$10,OOP
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14. Contingency
Balance available for contingencies or for
use as contemplated by paragraph 4 of the
Amendment to Lease Agreement to which this
is an exhibit....................................$14,295
$775,000
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