SECOND AMENDMENT TO SPORTS FACILITY USE AGREEMENTSECOND AMENDMENT TO SPORTS FACILITY USE AGREEMENT
THIS Second Amendment to that certain Sports Facility Use Agreement dated
December 31, 2000, as heretofore amended ("Agreement"), is hereby made and entered
into on March _ga, 2009, between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation of the State of Florida ("City") and PHILLIES FLORIDA LLC, a
Delaware limited liability company ("the Phillies") (independently "Party" or collectively
"Parties").
WHEREAS, City and the Phillies agree to amend the Agreement between the
Parties to modify certain sections thereof as they relate to the cost of off-duty police
presence during Major League Spring Training games at Bright House Field; and
WHEREAS, City is responsible for certain costs related to the operation of Bright
House Field and the Parties agree that responsibility for those costs shall be decreased as
follows.
NOW, THEREFORE, in consideration of the mutual covenants contained
hereafter, the Agreement is hereby amended as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
in and form a part of this Second Amendment.
2. Paragraph 8.4 is amended to read in full as follows:
8.4 City Services. City will provide all
appropriate City services at appropriate levels of coverage for all
Events, except that, during Major League Spring Training games
played from and after January 1, 2010 only, the Phillies will
engage and pay off-duty police surrounding the Sports Facility for
security and traffic control purposes and to prevent the
unauthorized sale of merchandise at the Sports Facility. (For this
purpose, "unauthorized sale of merchandise" shall mean the sale of
goods by a Person who has not been authorized by the Phillies to
make such sales and the sale of unlicensed goods, whenever a
license is required for such sale to be given by the Phillies, MLB or
other holders of the marks embodied on such goods.) The Phillies
will provide necessary security and paramedical services within the
Sports Facility.
3. All of the terms and conditions of the Agreement which are not expressly
amended herein shall continue in full force and effect, and are incorporated herein by
reference as if set forth in full.
IN WITNESS WHEREOF, the Parties have executed this Amendment the day
and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard William B. Horne, II
Mayor
Approved as to form:
City Manager
Attest:
aura Lipow 1 Mahony +Cy'ia-E-. Goudeau
Assistant City Attorney k
PHILLIES FLORIDA LLC
By: The Phillies, its sole member
By:
David P. Montgomerfj
General Partner, President
& CEO
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