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COMMUNITY SPORTS COMPLEX COMPLETION CERTIFICATE ~ EXHIBIT "D" COMMUNITY SPORTS COMPLEX COMPLETION CERTIFICATE M This Community Sports 80mplex Completion Certificate is made this ~ day of~2001 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (the "City"), and THE PHILLIES, a Pennsylvania limited partnership (the "Phillies"). This Certificate pertains to an Agreement for Development of Community Sports Complex, by and between the City and the Phillies, dated as of March 1, 2001 (the "Development Agreement"), which provides, among other things, for the for the development and construction of the Community Sports Complex, as same is defined in the Development Agreement. Pursuant to Section 7.09 of the Development Agreement and by the execution of this Certificate by an Authorized Representative, the Phillies does hereby certify to the City that there is Substantial Completion of the Community Sports Complex. The Project Architect(s) certification of Substantial Completion of the Community Sports Complex has been delivered to the City together with this Certificate. As provided in Section 7.09 of the Development Agreement, the City has received this Certificate and the Project Architect(s) certification of Substantial Completion, and did after such receipt, in its capacity as the owner of the Community Sports Complex, inspect such complex with the Authorized Representative of the Phillies and a representative of the Project Architect(s). Based upon such inspection, the City has determined that (i) the Community Sports Complex has been constructed in material and substantial compliance with the Scope of Work, the Community Sports Complex Plans and Specifications and this Agreement, and without materially significant deviation from the exterior appearance of the Community Sports Complex and the configuration of the Community Sports Complex on the Project Site as set forth in the Conceptual Drawings and the approved Site Plan and (ii) the Community Sports Complex meets the standard of a first class Major League Baseball spring training facility (collectively, the "Community Sports Complex Acceptance Standards"), other than normal "punchlist" items. The City's execution of this Certificate constitutes the City's conclusive acknowledgement that the Community Sports Complex has met the Community Sports Complex Acceptance Standards and constitutes a conclusive determination by the City of its acceptance and approval, as owner, of the Community Sports Complex.. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the date set forth above. CITY OF CLEARWATER, FLORIDA By: 9- : ~ ---.. /' Authorized Representative THE PHILLIES By: L STATE OF FLORIDA COUNTY OF PINELLAS /6 r:' The foregoing instrument was acknowledged before me this ~ day of [eAMRf c1clJ if b} f(EV,,;'; DUNBf1!<... . as the Authorized Representative of the City of Clearwater, a municipal corporation of the State of Florida, on behalf of the City. He is personally known to me or has produced a valid driv~;t;:;? li.censeAa1;> 1'11' . . . "'~~Y'~~'" ueanna . Ange I IS IdentificatIOn. ~:~~~.-= Commission #00258759 ~~'. ~~ff Expires: Oct 15,2007 "'~1o;f\.~~" iQ~~iJIThru I""..' At~drtd1ng Co., Inc. Printed/Typed NameJ)e fl/l/N{l Il, fJN{'./;{Z -{Lj Notary Public-State of Florida Commission Number: , STATE OF flolL' t7I1 COUNTY OF {)dj~ //1J5. /J ./-1 /' The foregoing instrument was acknowledged before me this L- day of rtdl(L(AJif-V, ~o~. by.Jd,J <J~rJl~as Authorized Representative of The Phillies, a Pennsylva'nia limited partnership , on behalf of the partnership. He is personally known to me or has produced a valid driver's license as identification. ,~~~~.~~, Deanna A. Angelillis f.:'~':.1 Com!lliss.ion #00258759 "~" .~mfY,W~' Oct 15,2007 ",1o;,,"~ ~onded Thru ",,,.', Atlantic Bonding Co., Inc. PrintedlTyped Name: Notary Public-State of FUJfLi Dft Commission Number: ORLl #641504 vI 2 2000 Edition - Electronic Format AlA Document G704 - 2000 Certjf]cate ofSubstantjal Completjon PROJECT: (Name and address) The Phillies Sprina Trainina Facility 601 Old Coachman Road Clearwater. FL 33756 TO OWNER: (Name and address) The Phillies Citizens Bank Ballpark One Citizens Bank Way Philadelphia. PA 19148 PROJECT NUMBER: 02-0259-00 CONTRACT FOR: CONTRACT DATE: 9-21-02 TO CONTRACTOR: (Name and address) Hunt Construction Group 7650 Courtney Campbell Causeway. #1150 Tampa. FL 33607 PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHAll INCLUDE: The Work performed under this Contract has been reviewed and found, to the Architect's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate, which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: HOK Sport. Inc.. d.b.a. HOK Sport + Venue + Event 02109/04 ARCHITECT DATE OF ISSUANCE BY Ed Coon A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warranties for items on the attached list will be the date of issuance of the fmal Certificate of Payment or the date of final payment. Cost estimate of Work that is incomplete or defective: The Contractor will complete or correct the Work on the list of items attached hereto within fifteen ( 1! ) days from the a 0 date of stan Completion. Hunt Construction Group CONTRACTOR 2/D'1( Df DATE @ 2000 The Amencan Institute ot Architects. Reproduction ot the material herem or substantial quotation ot its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: G704-Certificate of Substantial Completion 02-05-04.aia -- 2/612004. AlA License Number 1104988, which expires on 4/3Q12004. OWNER 0 ARCHITECT 0 CONTRACTOR D FIELD 0 OTHER AUTHENTICATION OF THIS ELECTRONICALL Y DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT 0401. ~~. ~,.:.. ...... . - ..... . ,... ... - @ 2000 AIA@ AlA DOCUMENT G704-2000 CERTIFICATE OF SUBSTANTIAL COMPLETION The American Institute of Arch i tects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 . The Owner accepts the Work or desi nated portion as substantially complete and will assume full possession at (time) on (da I' ~ ~ ~JhL("11:-J ~ OWNER z,/J!'- DAtE The responsibilities of the Ow e ontractor for security, maintenance, heat, utilities, damage to the Work and insurance sha as follows: (Note: OWners and Contractors legal and insurance counsel should detennine and review insurance requirements and cowrage.}applicable warranties required by the Contract Documents, except as stated below: It> 2000 The Amencan Institute ot Architects. Reproduction ot the matenal herein or substantial quotation ot its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: G704-Certificate of Substantial Completion02-0S-04.aia -- 21612004. AlA License Number 1104988, which expires on 4/3Q'2004. 2 Phillies Spring Training Facility Substantial Completion Certificate Items to be Completed February 5,2004 Item Location Completion Item Projected Date No. of Completion 1 02.05.03 Corr to low roof A Seal concrete 2/9/2004 2 South entry Install gates / Paint gates 2/9/2004 3 Stair 02.13.01 Final paint, seal floor Not Later Than 2/23/04 4 Jobwide (Except. Admin.) Permanent locks 2/12/2004 5 MC-CDE Overhead Paint all overhead/decking/etc. above 2/11/2004 6 Admin./West Elev. Paint bent plate at railings on northwest Admin. Suite level 2/9/2004 7 West CD suite level Complete painting exposed steel 2/9/2004 8 Exterior CDE Complete caulking 2/9/2004 9 Site Complete Landscaping 2/18/2004 10 Center Field on Berm Erect camera Platform in Center Field 2/23/2004 11 Left Field Tiki Bar, Arch/Mech.lPlumbing/Electrical 2/26/2004 12 Suite Level Area D Removable Platform 2/12/2004 13 All Areas Signage 2/20/2004 14 Players Parking Lot Ornamental Picket Fence 2/13/2004 15 Fencing Install Windscreen Not Later Than 2/23/04 16 Field Wall Complete Wall Pads 2/13/2004 17 Guardrails Complete chainlink infill @ Guardrails 2/13/2004 18 Main Concourse Expansion Joint covers 2/13/2004 19 Dugouts Complete dugout benches Not Later Than 2/19/04 20 Dugouts/Ramps Rubber athletic flooring Not Later Than 2/19/04 21 MC Pizza Conc.Nendor Comm. Complete misc electrical work 2/8/2004 22 MC Pizza Conc.Nendor Comm. Complete mise electrical work 2/9/2004 23 Stair 02.26.01 Final paint, seal floor Not Later Than 2/23/04 24 Advanced Ticketing Area/Rooms Complete mise electrical work 2/9/2004 25 Stair 02.34.01 Final paint, seal floor Not Later Than 2/23/04 26 MC-E gang baths Final paint 2/10/2004 27 MC-E gang baths Complete misc electrical work . 2/1 0/2004 28 MC Fam. Toilet E Complete misc electrical work 2/10/2004 .... Item Location Completion Item Projected Date No. .. of Completion 29 Elev. Lobby 01.33.03 Tile flooring (Changed to tile late 1/04) 2!7/2004 30 Suite Level End Rail @ 34.5 Line 2/13/2004 31 Suite Level Rail between club seating and last party suite 2/13/2004 32 Suite Level Rail at each aisle steps (Suites and club) 2/13/2004 33 Suite Level Rail at metal pan stair Area B 2/13/2004 34 Main Concourse Rail along 41 line in precast wall 2/13/2004 35 Main Concourse Rails close off concourse to bridge at east end 2/13/2004 36 Main Concourse Rails close off concourse behind Tiki Bar 2/13/2004 37 Main Concourse N10 Rail along Bullpen 2/13/2004 38 Main Concourse Rails in bullpen 2/13/2004 39 Main Concourse North precast stair railing 2/13/2004 40 Service Level Stairs into visitors area @ 27 line 2/13/2004 41 Service Level Laundry grates 2/13/2004 42 Playing Field Rails at dugout end walls 2/13/2004 43 Playing Field (2) types rails in front of Diamond Dugout 2/13/2004 44 Playing Field Rails at steps in Diamond Dugout 2/13/2004 45 Seating Berm Flag Poles 2/13/2004 46 Suites Expansion Joints Suite Level 2/10/2004 47 South exterior Complete lights/electrical 2/10/2004 48 Training 01.28.02/01.29.01 Complete misc electrical work 2/10/2004 49 Training 01.28.02/01.29.01 Complete access panels 2/10/2004 50 Training 01.28.02/01.29.01 Complete access panels 2/10/2004 51 Visiting Club. Grooming 01.31.03 Complete access panels 2/10/2004 52 Visiting Club. Grooming 01.31.03 Set lockers 2/20/2004 53 Elec. Room 01.33.04 Complete all electrical wiring, trim, panels, etc. 2/13/2004 54 Umpires 01.33.01/01.33.02 Complete access panels 2/1 0/2004 55 Umpires 01.33.01/01.33.02 Complete misc electrical work 2/1 0/2004 56 Umpires 01.33.01/01.33.02 Install mirror 2/11/2004 57 Visiting Coaches Set lockers 2/20/2004 58 Staff Lockers Set lockers 2/20/2004 59 Stair 01.34.04 Final paint, seal floor Not Later Than 2/23/04 60 Bowl Hazard striping Not Later Than 2/20/04 61 Concession E MC Complete all electrical wiring, trim, panels, etc. 2!7/2004 .. . . Item Location Completion . Item Projected Date No. of Completion 62 Right field visitor dugout Complete wheelchair lift 2/15/2004 63 South parking lot Touch up, skim No Later Than 2/27/04 64 Areas CDE Complete misc. sprinkler trim 2/9/2004 65 Center Field on Berm Complete batters eye structure (Need fix) Not Later Than 2/27/04 66 Center Field on Berm Complete batters eye fabric Not Later Than 2/27/04 67 Areas CDE Complete permanent keying, misc. hardware punch 2/13/2004 68 Admin. (MC/Suite Levels) Complete HOK punch list 2/6/2004 69 Admin. (Lower Level) Complete HOKpunch list 2/9/2004 70 Hydro 01.01.04 Install hatch at hydro pit 2/13/2004 71 HomeNisitor Dugout Install foul ball netting and rail infill 2/13/2004 . o. :'~1O