FOURTH AMENDMENT TO SPORTS FACILITY USE AGREEMENTFOURTH AMENDMENT TO SPORTS
FACILITY USE AGREEMENT
THIS Fourth Amendment to that certain Sports Facility Use Agreement, dated December
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31, 2000, as heretofore amended ("Agreement") is hereby made and entered into on 1�e�enrUe'r
�� , 2011 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") (each party individually referred to herein as "Party" or collectively as the
"Parties").
WHEREAS, City and the Phillies agree to amend the Agreement between the Parties to
add a provision for the payment by the Phillies of a surcharge on paid admissions to certain
Major League Spring Training games played at Bright House Field.
NOW, THEREFORE, in consideration of the mutual covenants contained hereafter, the
Agreement is hereby amended as follows:
1. Recital. The foregoing recital is true and correct and is incorporated in and forms
a part of this Fourth Amendment.
2. A new Paragraph 6.3 is added to the Agreement, to read in full as follows:
6.3 Additional Use Fee. The Phillies will pay to City in respect of each Major
League Spring Training Season occurring in the years 2012 through 2023, inclusive, an
additional use fee equal to the product of sixty cents ($.60) times the number of paid
admissions to each Phillies Major League Spring Training home game played at Bright
House Field against a Major League team as the opponent (but not, for purposes of
illustration but not of limitation, games against minor league or college opponents or
World Baseball Classic games). The additional use fees in respect of each such Major
League Spring Training Season shall be payable by March 31 of the following year.
Sections 6.1 and 6.2 of the Agreement shall not apply to such additional use fees.
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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:
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Frank V. Hibbard
Mayor
Appro ed as to form:
1/
Laura Mahony
Assistant City Attorney
PHILLIES FLORIDA LLC
By: T hillies, its sole member
By: ���
David P. Montgomery
General Partner, President
and CEO
2
CITY OF CLEARWATER, FLORIDA
.
By; ' .,
William B. Horne, II
City Manager
Attest:
Rosemarie Call
City Clerk
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