PROJECT AGREEMENT (2)Project Agreement
This Agreement ( "Agreement ") is hereby made and entered into on January -=21 , 2015
between the City of Clearwater, Florida, a municipal corporation of the State of Florida (the
"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, the City and the Phillies are parties to that certain Sports Facility Use
Agreement dated December 31, 2000, as heretofore amended (the "Bright House Field Use
Agreement "), which sets out the terms and conditions for the Phillies' use and occupancy of,
and of the Parties' respective rights and obligations in respect to certain property commonly
known and referred to herein as Bright House Field; and
WHEREAS, the Parties have agreed that certain improvements should be made at Bright
House Field (collectively herein referred to as the "Project ").
NOW, THEREFORE, for and in consideration of the mutual promises, covenants and
conditions contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are acknowledged by each, the Parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated in and form
a part of this Agreement.
2. The Project.
a. In accordance with Subsection 10.2 of the Bright House Field Use Agreement, the
following shall be done at Bright House Field and shall be governed by the Bright
House Field Use Agreement:
i. Design for video integration with new TS Sports video board.
ii. Installation of video integration equipment with new TS Sports video board.
b. The Project will be managed by the Phillies and effected by a video integration
company that the Phillies select through a competitive procurement process that
complies with applicable legal requirements for the bidding and awarding of
construction contracts for public works projects to the same extent as if the City had
undertaken such bidding and awarding of the contract, including but not limited to,
all requirements of the Florida Statutes and the City of Clearwater Code of
Ordinances.
c. The City will fund the Project for a total of three hundred thousand seven hundred
dollars ($300,700), which will be disbursed through the City's purchase order process
as appropriate invoices are received by the City from the Phillies.
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3. Approvals. The City agrees that at the time of execution of this Agreement, there are
no unfulfilled City regulatory or permitting approvals relating to the Project. However, the
City's consent for the Project is conditioned upon the Phillies acquiring any necessary permits
from applicable government agencies other than the City.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first
above written.
Countersigned:
— cte)(we‘ cr'ckaos
George N. Cretekos
Mayor
Approved as to form:
AAAlAilr in"
Mat e Smith
Assistant City Attorney
PHILLIES FLORIDA LLC
By: The Phillies, its sole member
By:
Name. -� •,it/jtJ' kc)4
Title: tP CFO
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CITY OF CLEARWATER, FLORIDA
By: W.(Q&i:44,0t�,J
William B. Horne, II
City Manager
Attest:
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Rosemarie Call
City Clerk