FIFTH AMENDMENT TO SPORTS FACILITY USE AGREEMENTFIFTH AMENDMENT TO SPORTS
FACILITY USE AGREEMENT
THIS Fifth Amendment to that certain Sports Facility Use Agreement, dated December
31, 2000, as heretofore amended ( "Agreement ") is hereby made and entered into on
pt-a'- ,24 , 2013 between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation of the State of Florida ( "Cit ") and PHILLIES FLORIDA LLC, a Delaware limited
liability company (the "Phillies ") (each party individually referred to herein as "Party" or
collectively as the "Parties ").
In consideration of the mutual covenants contained hereafter, City and the Phillies agree
to amend the Agreement as follows:
1. The following proviso is added at the end of the first paragraph of Article 7:
"; provided, however, that the proceeds from the sale of each ticket affording admission to a
Phillies Major League Spring Training home game played at the Sports Facility 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) in 2012 through
2023, inclusive, shall be shared as follows: $0.60 to the City and the balance of The Phillies."
2. This Fifth Amendment to Sports Facility Use Agreement shall be effective as of
December 16, 2011. The Fourth Amendment to Sports Facility Use Agreement entered into on
December 16, 2011 is hereby superseded and of no further force or effect.
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:
■CCOO tt A c ft\ t6J
George N. Cretekos
Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney
PHILLIES FLORIDA LLC
By: The Phillies, its sole member
By: /
David P. Montgomery '5
General Partner, President
and CEO
2
CITY OF CLEARWATER, FLORIDA
By: I •4,:I oc'ce A74 /Sr •
Willi.* B. Horne, II
City Manager
Attest:
d )L1 L
Rosemarie Call
City Clerk