SECOND AMENDMENT TO LEASE AGREEMENT - CARPENTER COMPLEX
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SECOND AMENDMENT TO LEASE AGREEMENT
RELATING TO CARPENTER COMPLEX
This Second Amendment to Lease Agreement is dated this 3rd day of
August, 1989, 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 cons i derat i on of the mutual covenants and promi ses set
forth below, agree as follows:
1. This Second Amendment modifies the Lease Agreement Relating to
Carpenter Complex which was entered into between the parties on January 28,
1987 and subsequently modified on October 21,1987 (herein, the "Lease
Agreement"). Except as expressly modifi ed herei n, all other terms of the Lease
Agreement remain in full force and effect.
2. Section 1 of the Lease Agreement is amended by extending the
minimum term thereof so that it shall end on December 31,2002. Thereafter,
the Lease Agreement shall be automat i ca lly extended on a yea r-to-year bas is,
unless terminated as provided in Section 1 of the Lease Agreement, as of any
December 31 starting with the year 2002.
3. The City agrees to effect the improvements related to Jack Russell
Stadium and the Carpenter Field Complex 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 Ci ty shall use its best efforts to complete the
Improvements prior to February 1, 1990 and believes that it can do so, subject
to delays resulting from strikes, fire, flood, hurricanes, high winds, civil
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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 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 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 twenty working
days following the end of each month between the date hereof and the date of
the completion of all of the 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 Improvements can be
effected by the City in accordance with paragraph 3 above (and the comparable
provisions of Second Amendment to Lease Agreement Relating to Jack Russell
Stadium of even date herewith) for less than $800,000. 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
reasonab ly requested by The Phill i es. If, however, the Improvements cannot be
so effected within the $800,000 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 effect the
needed saving and/or The Phillies will agree to pay all or part of the
shortfall beyond the City's $800,000 commitment.
5. All of the provi si ons of the Lease Agreement, i ncl udi ng without
limitation the provisions relating to maintenance, repair and restoration in
Sections A(4) and B(5) and relating to insurance in Section C(2) and relating
to termination in Section C(l1) shall apply to the Improvements to Carpenter
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shall provide all necessary civil engineering and construction supervision
services
7. This Agreement shall constitute the written consent of the parties
to he effecting of the Improvements contemplated hereby, as required by
Section C(8) of the Lease Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first set out above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
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Ron H. Rabun
City Manage r
Rita arvey
Mayor-Commissioner
Approved as to form
and correctness:
Attest:
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TH E PHI L LI E S
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President & General Partner
By:
Attest:
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Joann Wilke.s
Notary, .
NOTARIAL SEAL .
JO~NN WilKES. NOTARY PUBLIC
PHILA~'" "HILADELPH
MY C ,;, - .,., , fA COUNTY
_~I~ -,.:',)i. EXPIRES APRil 26, 1993
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EXHIBIT 1
The specifi c improvements to be made by the City are 1 i sted below v.Jith
their estimated costs.
1. EXPANSION OF BLEACHER SEATING AT JACK RUSSELL STADIUM: $350,000.
Remove and donate to the City the existing 800 bleacher seats along the left
field line. Remove and relocate batting cages, currently located along the
right field line inside the stadium, to a location outside the stadium walls.
Extend bleacher seating, complete with backs and arm rests, in a cross-
sectional configuration similar to that of the existing stadium. It is
anticipated that at least 2,700 seats, less the 800 deleted existing bleacher
seats, can be added. Total available seating would be at least 7,000.
2. CONCESSION STANDS AND REST ROOM FACILITIES AT JACK RUSSELL STADIUM:
$200,000. Construct new concession stands under proposed bleacher expansions,
renovate existing concession stands as necessary, renovate and increase the
size of the existing ladies rest room and renovate the existing men's rest
room. Construct new rest rooms under the proposed bleacher expansion.
3. VISITORS CLUBHOUSE AT JACK RUSSELL STADIUM: $150,000. Construct
new visitors clubhouse to include umpires' dressing room and, if desired by
the Club, additional office space.
4. STORAGE AT JACK RUSSELL STADIUM: $10,000. Construct approximately
500 square feet of storage space under the new seating near The Phillies
clubhouse.
5. BOLLARD FENCE AT JACK RUSSELL STADIUr~: $4,000. Construct bollard
fence around existing parking lot.
6. CARPENTER FIELD BLEACHERS: $8,000. Purchase and install eight sets
of 50 seat aluminum bleachers for Carpenter Field.
7. CONTINGENCY: $78,000. Balance available for contingencies or for
use as contemplated by paragraph 4 of this Second Amendment to Lease Agreement