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Agenda 12/13/2016 Item #11A
11.A 12/13/2016 EXECUTIVE SUMMARY ***This item to be heard at 10:00 a.m.***Recommendation to evaluate the initial feasibility of developing a professional baseball spring training facility through a public private partnership and to request guidance on future direction. (Leo E.Ochs,Jr., County Manager) OBJECTIVE: To present the preliminary staff feasibility analysis on the potential development of a professional baseball spring training complex and seek Board direction on whether to proceed with the next phase or terminate the process. CONSIDERATIONS: In the spring of 2016, a local private business group proposed developing a spring training facility for the Atlanta Braves through a public private partnership off of Collier Boulevard and south of Davis Boulevard. The proposal did not get support at that location, but the Board did express interest in furthering the discussion if a more compatible location could be found. On June 28, 2016, under item 11B, the Board approved the County Manager's request to conduct a preliminary feasibility study in response to the Atlanta Braves' continued interest in relocating to Collier County. At the same meeting, under item 11A, the BCC reviewed and accepted the Sports Market and Needs Assessment Analysis and also directed the County Manager to explore potential locations for expanded non-professional sports facilities. Our preliminary analysis and review is focused on a single team professional baseball spring training facility and an option to leverage the facility, if approved, with a larger municipal sports complex. In approaching our review, we identified the preliminary evaluation factors and necessary steps that would be required to conduct the first phase review of developing the facility. The key factors include: 1) land availability and compatibility; 2) a review of expenses, revenues, and financing options for the land acquisition and construction; and 3) the long term Return on Investment (ROI) and ongoing operations and maintenance commitments. 1. There is currently only one feasible location in the urban area near adequate highway transportation and away from residential enclaves. The City Gate development just east of Collier Boulevard, North of I-75, and west of the County's 305 acre parcel would be suitable for this project. The location is designed to be incorporated into the existing transportation system and has long range improvements identified that enhance connectivity and mobility. The site will require land use modifications but is viable and can be rezoned within the time frame necessary for the project. The site can provide the approximately 70 acres needed for the facility with additional temporary game day parking until the adjacent County site can be developed. The land owner has expressed interest in discussing terms and participating in this project. 2. Staff has worked with outside consulting firms to develop preliminary cost estimates for the horizontal and vertical construction. The project is estimated to cost approximately 8 Packet Pg.192 11.A 12/13/2016 million dollars for horizontal development and 60 million dollars for vertical construction including professional design and permitting services. Additional development funds would be needed to develop a portion of the County's adjacent 305 acre parcel for long term stadium parking. Land acquisition could range from 18 to 28 million dollars. Total one-time development costs are not expected to exceed 100 million dollars for the Baseball facility alone. Three revenue sources have been identified that have been consistently used by other jurisdictions in developing these types of facilities. The tourist bed tax would need to be increased by one percent and would generate approximately $5,200,000 annually. The team lease would generate between one and two million dollars annually depending on the terms. State funding could contribute 15 to 20 million dollars spread equally over a twenty to thirty year period. 3. In evaluating the direct and indirect benefits along with the long term operating and capital expenses, staff contacted Lee County and met with them to discuss their operations and experiences with two major league teams and stadiums. Lee County contributes approximately two million dollars of ad valorem annually per stadium for operations and maintenance. They also set aside approximately $500,000 annually for capital replacements and rehabilitations. Their analysis indicates that each facility generates approximately twenty five million dollars in annual direct spending in Lee County. In continuing our review, staff evaluated Lee County's 2012 State grant application for the Minnesota Twins, Hammond Stadium renovation and site facility lease renewal. The application appeared to contain the most relevant local information with respect to revenue generation, visitation statistics, and reference data for anticipated usage for a team such as the Braves. The application also references the 2009 study by Davidson Petersen & Associates commissioned by the Lee County Visitor and Convention Bureau. In 2011, Hammond Stadium was used for 348 events for a utilization rate of approximately 95%. According to Lee County records, spring training and amateur baseball accounted for over 39,000 hotel room nights and over 19 million dollars in direct visitor expenditures for the 81 events monitored. For the purpose of maintaining brevity in the executive summary, the complete application is included as an attachment and a highlight document has been created for review of some of the more salient facts relevant to our evaluation. It should be noted that the report identifies the Braves as having the second highest spring training attendance numbers behind only the New York Yankees and ahead of both the Minnesota Twins and the Boston Red Sox. A decision to move forward to the next phase only requires a simple majority of the Board. However, land use amendments and a tourist tax increase would ultimately require a super majority. Should there be significant interest to proceed, staff would immediately begin negotiations with the team and the landowner with an expectation to bring back a tentative draft agreement within 90 days. Concurrently, staff would also solicit professional legal and consulting services to develop the agreement, submit a State funding application, and begin the Packet Pg.193 11.A 12/13/2016 entitlement process. Without significant interest from the Board, staff would recommend ending our participation due to the time sensitive nature of this consideration. FISCAL IMPACT: Any negotiated agreement with the Atlanta Braves to construct and maintain a spring training facility in Collier County must include increasing the Tourist Tax rate from 4% to 5% which will raise approximately $5.2 million dollars. This is critical not only to support debt service to construct the stadium and surrounding assets like fields and academies,but to protect the County's current general governmental bonding capacity for various future local government infrastructure needs which the Board may deem appropriate. Current estimates place construction of a spring training stadium and related practice infrastructure surrounding the stadium at 70 million dollars. Cost for the land is estimated at between 18 million and 28 million dollars. Average annual debt service to pay off the issuance of between $100 million and $130 million in bonds over 30 years at 4.40 percent interest on a strict TDT (tourist development tax)pledge is generally estimated from $6.5 million to $8.4 million annually. A suggested model to pursue in any further negotiations with the Atlanta Braves is capping the County's dollar exposure related for construction and maintenance of the facilities to the dollars raised by the 5th cent of TDT or $5.2 million. Additional revenue to support debt service, maintain the facility, and offset various services during scheduled games would be paid for by the annual rent charged to the team as well as annual state money. The County's use of these facilities during the off season is anticipated and costs associated with this use including operation and maintenance would be funded through the General Fund similar to any regional park and recreation facility. The following is a high level estimate of potential annual sources and uses of dollars connected with construction and maintenance of the facilities as well as the County's secondary use of the facilities. Revenue Category TDT-5th cent $5,200,000 Team rent Up to$2,000,000 State Subsidy Up to$1,000,000 Team Marketing Up to$500,000 Contribution General Govt. $1,000,000 Subtotal Up to$9,700,000 Expenses Category Debt Service $7,500,000 Stadium and $1,700,000 Facilities 0&M Capital set aside and $500,000 ancillary expenses Subtotal Up to$9,700,000 Packet Pg. 194 11.A 12/13/2016 The general Florida spring training model provides that local government entities issue debt to finance construction of all necessary facilities. The debt is typically secured by a strict TDT pledge as opposed to a covenant to budget and appropriate all legally available non ad valorem revenue (CBA). In consideration the team provides the local government with annual lease payments. A State subsidy is also applied for by the local government with the dollar value open to negotiation. The team almost always retains all revenue streams from facility operations with the exception of revenue stemming from local government events. Likewise, all spring training security, and facility operational responsibility is typically managed and administered by the team. Naming rights are typically subject to negotiations. While teams are generally familiar with the model provisions described above, it is certainly possible to negotiate vastly different sports facility usage and related development agreements. The probability of negotiating an alternative model will ultimately depend upon the team's desire to choose Collier County as its spring training home. GROWTH MANAGEMENT IMPACT: A professional sports facility will require a rezone application and a Growth Management Plan amendment. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -JAK RECOMMENDATION: That the Board of County Commissioners reviews the information provided and provides guidance to the County Manager to either proceed with the next phase or discontinue discussions with the Atlanta Braves. Prepared by: Nick Caslanguida,Deputy County Manager ATTACHMENT(S) 1. Braves Final (PPTX) 2. 2012 Lee County State Grant Application Highlight Review (DOCX) 3.2012 Grant Application FINAL pdf (PDF) 4. Cost Estimates (DOCX) Packet Pg. 195 11.A 12/13/2016 COLLIER COUNTY �., Board of County Commissioners Item Number: 11.A Item Summary: ***This item to be heard at 10:00 a.m.*** Recommendation to evaluate the initial feasibility of developing a professional baseball spring training facility through a public private partnership and to request guidance on future direction. (Leo E. Ochs,Jr.,County Manager) Meeting Date: 12/13/2016 Prepared by: Title: Executive Secretary to County Manager—County Manager's Office Name: MaryJo Brock 12/07/2016 2:10 PM Submitted by: Title: County Manager—County Manager's Office Name: Leo E. Ochs 12/07/2016 2:10 PM Approved By: Review: Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 12/07/2016 2:08 PM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 12/07/2016 3:44 PM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 12/07/2016 4:01 PM Budget and Management Office MaryJo Brock Additional Reviewer Skipped 12/07/2016 4:04 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg. 196 T (6uiuie.i j 6uladS IlegeSeB : Z9t7 ) leul j Sane18 :;uaWL43e4y T Pm T ti,j`? ''r` m..r" , .ei ,4M ilit 4:. , ;l.4 „.,,E § �{ . 4,'* .4.4� t,xn e k * s * s ;3 ` F f I . - ` ra y txs 2 a gr s�g � � W€ pa ' i.� n� � I" la ' fl kv , ra , fa f ,i ��Ym ` RO c rWti 04140,0184; x Vl4 :� � . s a � `Z " °°qr ' - rkUfa V � r „ ter �� A; ` ' , t �. 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"ci, .: 4-; N N o 0 LL J U CLS CD U 4—_e oo (1) .p - ) C a) adtiNiF Li— �0 N a)d N 0 it ID " E u N l.1 Q) 0 C C .y v U a O a d i V LI QJ1. to t/) U, '�; Q LI N t./) — V c5;1, � sane�s :;uauay�e}}y (6ululeal 6uuds Ilegase8 : Z9�'Z) Ieui o r+k Tco 3 T 4.1 CL Ci r- , . ,,.. . 'r ',- ,..7'''''' ,'",:. '1'.,.:, fi � 7 l w - ,,, t ,,, : p.n "�-'I'y�� +�♦F�('p'C t4��,Ft� i. ��vq '� 5 'fi: r �- r x: f y v + �, 4troirl,„ ,,..t.,...''' IN. It al an Chi A al 11011 3n • & S t 11111: ells S rr; } 11.A.2 2012 Lee County State Grant Application Highlight Review 1. DPA Economic Impact History and Projections (Pgs 13 & 14) In 2009, the Lee County Visitor& Convention Bureau commissioned a study with Davidson Peterson &Associates (DPA)to assess the impact of spring training attendees on Lee County's tourism revenues. The full study can be found in Attachment E. Although both fans of the Minnesota Twins and Boston Red Sox were interviewed, only the Twins data will be highlighted here: • Minnesota Twins attendees generated $23.5 million in direct tourist spending in 2009. • 565 fans were interviewed throughout the 2009 Spring Training season at Hammond Stadium. • 72%of attendees at Twins games were from outside of Lee County, co including 45%from Minnesota. R • Average Trip Length was 8.51 days per traveling party. • Average Daily Expenditure per attendee was $137.72. • 61% of attendees said that Spring Training was either their "primary reason" or an "extremely import reason" for their visit to Lee County. • 68%of attendees stayed in paid accommodations in Lee County. • 52% of those interviewed said that Spring Training was why they visited Lee County for the first time. cc • Spring training generated future off-season tourism, as 66%of attendees said they would "probably" or "definitely" visit Lee County in other times of s) the year besides Spring Training. • Minnesota Twins Spring Training attendees supported 485 jobs in Lee ° 17 County, 341 through direct impacts. They supported $11.9 million in Lee v County household incomes with $7.3 million directly supported. a • Minnesota Twins Spring Training attendees generated $1.3 million in local government revenues, $644,000 directly. • Minnesota Twins Spring Training attendees generated $2.5 million in state government revenue with $1.7 million directly supported. Using historical attendance records provided by the Florida Sports Foundation and the 2009 DP&A economic impact study, Table 1-1 shows the estimated ° U economic impact of fans attending Minnesota Twins games from 2008 through 2012.The Twins have averaged $21.9 million in Direct Visitor Expenditures N during the last five years. N w 1E Table 1.-1 Minnesota Twins Estimated Economic Impact (2008-2012) Baird ono significant econamlc impact study conducted by Davidson Peterson 8,+Associates Jn 2009(shown in red),the Twins generated an average of$22.9 million in LDirrer Visitor Expenditures over the last five years. Q 25:000-' E0.000 2gr Y 6.000 .J O Packet Pg.206 11.A.2 2. Grapefruit League Annual Attendance from 2003-2012 (Pg 17) Table 1-4(a) Grapefruit League Total Annual Attendance (2003-2012) Over the past ten years, the Twins are 4th in Grapefruit League total annual as attendance,drawing nearly 1.2 million fans to Southwest Florida each year. E 1.800 to It 1.600 - 1.598__._ ___ C7 C N .L 0. 1.400 ._ 1,306 CO 1 — , 1200 1.179cc _1,120 _ 1.200 - - - V 1.068m N 1,000 ....;. 951 League m .0 .^ - - IllIluinsu -- -I- 176 893 841 Average CD a 800 '-.. coCV._ �m._>dCr L•E. Jt- . 1- y 4 O = Q a g m - h Co _ r- = c) 3. 2009 Questionnaire Identifying Non-Resident Participation (Pg 136) a w The table below shows total usable interviews, and the proportion of resident and non-resident attendees CD as calculated from the screening questionnaires. ;: cc cn .r Total Red Sox Games Twins Games c Usable questionnaires 1,154 483 550 0 U % % % m J Residents 27 27 28 cv T Non-residents 73 73 72 Total attendees* 264,104 134,515 129,589 c a) E 0 w Q Packet Pg. 207 11.A.2 4. 2009 Review of Attendee Expenditures (Pg 161) � 2 t s'� ." t. gra '� r xis '" a<L * .-4,,,,,,,,,,,..9s, • `.- ��xx ,t ' A =$� ,, ^v s p ' ray ` t,,, ". *"' "'i '` 'fig d`. fw'° •''t ng `F' '��€a � :4,,: :7,-* i j3T�F[IY� 1711'f9g � '--,:';;;,i,;-,Z3:4:4": ,� �. �"�''� a � a r � & `:4 F'k r, s:a '`�'& t �`�' i ' w. fid' 'i .. ,.Nr. ,, ;;,-.4-„ ,.,,,,„41...„.,,.. ,,,,, :t , Lrm..c.., QtB ,t' BL� ti�C °"mss .,>i�fN11�5 Shopping $ 12,041,843 $ 5,630,206 $ 6,411,637 Food and Beverages $ 11,180,225 $ 5,853,923 $ 5,326,302 Si Lodging and Camping Accommodations $ 8,770,193 $ 4.375.858 $ 4,394,335 c Ground Transportation $ 5,519,197 $ 2,769,874 $ 2,749,323 ii Liquor Purchases $ 1,787,264 $ 933.390 $ 853,874 Other Evening Entertainment $ 1,557,306 $ 806,257 $ 751,050 m c Gaming $ 1,310,152 $ 688,295 $ 621,857 c Other Sport Fees $ 1,274,338 $ 628,676 $ 645,662 Events Admissions $ 1,004,880 $ 496,001 $ 508,879 2 a) Other Sightseeing/Attractions 410,510 N $ 898,127 $ 487,617 $ ca Cultural Performance Admissions $ 648,568 $ 294,011 $ 354,557 m to Historic/Cultural Site Admissions $ 486,102 $ 355,065 $ 131,037csi Licenses/Registrations $ 483,141 $ 274.045 $ 209,096 N Lottery Tickets $ 375,795 $ 279,193 $ 96,602 All Other $ 53,637 $ 30,569 $ 23,067 TOTAL $ 47,390,767 $ 23,902,980 $ 23.487.786CC s cn 5. 2009 Review of Attendee Expenditures Primary to Spring Training (Pg 162) E c � r w ^:z mA' ', r ii a ,* k ° ' as Q czr A y.,,,,h, rn r,-.3k,644-.� n.6, '' , ,� Ai,°;h-w i 86t4' r^'. ,�.<..= 8� gl t��,z.4.,,`,. .r+ Shopping $ 10,287,422 $ 4.852,435 $ 5,434,987 Food and Beverages $ 9,964,109 $ 5,358,714 $ 4,605,396 a) cis Lodging and Camping Accommodations $ 8,152.562 $ 4,173,237 $ 3,979,325 Ground Transportation $ 4,857.225 $ 2,444.044 $ 2,413,181 u) Liquor Purchases $ 1,550.541 $ 800,420 $ 750,121 c Other Evening Entertainment $ 1,308,848 $ 638,197 $ 670,651 Gaming $ 1,204,731 $ m i 609,674 $ 595,057 U Other Sport Fees $ 1,089.693 $ 550,846 $ 538,847 a J csa Other Sightseeing/Attractions $ 823,636 $ 445,668 $ 377,968 Events Admissions $ 764,652 $ 388.623 $ 376.030 0 N Cultural Performance Admissions $ 450,775 $ 231,747 $ 219.028 Historic/Cultural Site Admissions $ 439.499 $ 338,708 S 100.792 c m Licenses/Registrations $ 375,351 $ 185,398 $ 189,953 t E Cattery Tickets S 260.680 $ 188,963 $ 71,717o ea All Other $ 38,059 S 30;305 $ 7,753 Q TOTAL $ 41,567,783 $ 21,236,978 $ 20,330,805 Packet Pg.208 11.A.3 APPLICATION FOR CERTIFICATION ,-- OF A RETAINED SPRING TRAINING FRANCHISE FACILITY TO THE STATE OF FLORIDA FLORIDA SPORTS FOUNDATION, A DIVISION OF ENTERPRISE FLORIDA SUBMITTED BY LEE COUNTY, FLORIDA I LEE COUNTY .. SOUTH \VEST FLORIDA a) mN f0 REGARDING IMPROVEMENTS AND RENOVATIONS TO HAMMOND STADIUM & THE LEE COUNTY SPORTS COMPLEX N a 1, 1, - r 0 Y 2 , ,,„r.': ---- --,- -,- ,,a„, _ ___ 1 i ?„.,,,414.,, '',,':,-''''''--4,ioge, -:'..„, , .:. : \ i .. '', ,,,,,,..-''''' '''''' ' '-',',:,‘ 1 FS A r A' C� w _«4 �� r j{j{j{} »�] gym" q 7 �. - A6. kir i , T 1 ,. ..,_, Packet Pg.209 11.A.3 EXECUTIVE SUMMARY In 1989, Lee County and the Minnesota Twins entered into negotiations to relocate the Twins' Spring Training headquarters to Lee County, Fla. Hammond Stadium opened in March 1991 and set a new standard for Spring Training complexes in both Florida and Arizona. Lee County and the Minnesota Twins have truly enjoyed a model public-private partnership, as Southwest Florida has been the annual starting place for many successful Twins seasons. Hammond Stadium has been the birthplace of six American League Central Division Titles, one American League Pennant and the 1991 World Series Championship for the Minnesota Twins organization. To continue this public-private partnership, major facility improvements are required. Standards expected of Major League Baseball spring training facilities have outpaced the improvements "c made to Hammond Stadium over the last 22 years. Cities in and around metropolitan Phoenix, Ariz., have built massive, two-team complexes over the last 10 years and have lured five teams from Florida during that same time period. Nine communities in Florida have received state funds since 2000 to renovate existing and/or construct new facilities. In order to restore Hammond Stadium to a standard for others to be compared, significant improvements are required. The improvements proposed to retain the Minnesota Twins are incredibly important for both Lee County and the state of Florida. 0 Hammond Stadium and the Lee County Sports Complex are open 12 months a year for a myriad of uses by both local citizens and sports tourism events. In 2011, the facility was used N for 348 event days — 95% of the year! Amateur baseball generated more than 39,000 hotel room nights and $19.3 million in Direct Visitor Expenditures over 81 event days at the $ Lee County Sports Complex. a z Lee County is submitting this grant application to secure the $15 million from the State as provided for in the Florida Administrative Weekly dated April 6, 2012. Currently, Lee County and the Minnesota Twins are negotiating the details of the facility renovations. However, Lee County CO would be providing a match range of 55% to 67%, which represents a substantial commitment c. by Lee County in conjunction with the State's assistance. This would secure the Minnesota Twins' partnership for another 30 years. The Minnesota Twins have a tremendous impact on the economy of Lee County and Southwest (NI Florida. This impact can be measured in terms of economic impact, attendance, promotional benefits and assisting with Lee County's unemployment rate. a) With the proposed expansion, it is estimated that the following would be benefits to the local c) economy by retaining the Twins: • Direct visitor expenditures would increase by $4.7 million annually. • Long-term jobs would increase by 100 throughout the community as a result of the Spring Training facility alone. • Short-term benefits would create an estimated 500 construction jobs, reducing our current unemployment rate of 8.7% (May 2012). • This short-term job creation directly benefits the local community by re-infusing those salaries back into the local economy. • This investment is conservatively estimated to provide an annual increase of$4.7 million per year of economic benefit. Based on this, the Return on Investment for the additional 24 years of spring training would assure local additional benefit of$113 million. Packet Pg 210 11.A.3 • Loss of the Minnesota Twins could create a loss of more than $600 million in positive economic impact in the form of direct visitor spending. • The Minnesota Twins have been very generous in their philanthropic contributions to our local not-for-profit organizations. Over the past 22 years, they have contributed millions of dollars to Lee County charities, not-for-profits and service organizations. • The benefit of retaining the Twins in economic terms far outweighs the initial cost of updating the facility and extending the lease term. • The facility will be utilized year round, as it was used 348 events days in 2011. In closing, it is estimated that attendees at this facility alone generated $2.5 million annually in state government revenues. The return on investment by granting Lee County the $15 million, excluding all other indirect revenues and benefits, would produce a return within six years for c the state. .E I— c .` O. (I) .a a) f4 t0 eh N 0. 0 ca U a e. 4- C9 N 0 N a) U 4- Packet Pg.211 11..A.3 Table of Contents Section 1 Certification Criteria Section 2 Evaluation Criteria Attachment A a ! Property Deeds m Attachment B 1. Conditional Lease Agreement _,. a 2. Current Lease Agreement J Attachment C Project Scope Q a cD N Attachment D TDC Tax Ordinance Attachment E Economic Impact Study Attachment F Future Impact Statement Packet Pg.212 11.A.3 C C co Section 1 CD ca DO Certification Criteria N as required by 288. 11621 (2), F.S. (2011 ) �= U- 0 C. a I4 N O N w C CD C la a- 1 Packet Pg.213 11.A.3 Criteria 1 Florida Statute 288.11621(2)(a)(1.) The applicant is responsible for the acquisition, construction, management, or operation of the facility for a spring training franchise or holds title to the property on which the facility for a spring training franchise is located. Lee County holds title to the property on which the facility is located and Lee County Parks and Recreation manages, operates and maintains Hammond Stadium and the Lee County Sports Complex. Lee County Construction and Design is responsible for all construction and renovations to the facility. Lee County has been the Spring Training home of the Minnesota Twins since .a. 1991 when Hammond Stadium became the standard of Spring Training facilities across the country. Through our long and successful 22-year relationship, Lee County and the Twins have become a model public/private partnership. This relationship has been built on trust, personal relationships and a strong °Q commitment to excellence. Twins officials often have been quoted as saying that their successful seasons started at their premier spring training facility in Lee CNI County. Lee County has played part in a World Series Championship season and six American League Central Division titles. Additionally, Minnesota Twins J fans visit Lee County by the tens of thousands, many owning second homes in our community. The 2009 Davidson Peterson & Associates (DPA) study found �. that visitors from Minnesota spend an incredible $23.5 million in direct o expenditures annually. For these reasons, it has become imperative for Lee co County to upgrade Hammond Stadium and the Lee County Sports Complex in order to secure the Minnesota Twins in our community for the next 30 years. Attachment A provides proof of title representing Lee County Ownership of referenced property. N 0 C C) t6 Packet Pg.214 11.A.3 Criteria 2 Florida Statute 288.11621(2)(a)(2.) The applicant has a certified copy of a signed agreement with a spring training franchise for the use of the facility for a term of at least 20 years. The agreement also must require the franchise to reimburse the state for state funds expended by an applicant under this section if the franchise relocates before the agreement expires. The agreement may be contingent on an award of funds under this section and other conditions precedent. It-3) The recently executed Conditional Lease Agreement between Lee County and the Minnesota Twins is attached in Attachment B.1. This lease is conditional upon Lee County's success in receiving the award of funds and the term is 30 'a years from date of facility improvements. The newly executed lease will extend m the term of the Minnesota Twins occupancy of spring training facility by 24 years .8 assuming occupancy of the renovated facility for the 2015 spring training season. Section 1(B) on page 2 shows the term of the Lease is 30 years. Section 13 on m page 10 shows the requirement of the Minnesota Twins to reimburse the state for state funds expended by an applicant if the franchise relocates before the agreement expires. Attachment B.2 provides the current lease agreement between Lee County and the Minnesota Twins as a reference. As stated in the previous section, Lee County has been the Spring Training home of the Minnesota Twins since 1991 when Hammond Stadium became the standard of Spring Training facilities across the country. Through the years, Lee County has been deliberate and pragmatic in keeping Hammond Stadium and the Lee County Sports Complex at a premiere level. We have added seats, built a grass berm, party deck and added a weight room -to name a few of the projects. But the facility standards expected from Major League Baseball spring training facilities has caught up to Lee County, and band-aid approaches to keeping the facility competitive and current are no longer viable. If we hope to continue being the spring training home of the Minnesota Twins for the foreseeable future, major improvements are required in exchange for the Twins co signing a new long-term lease agreement. 3 Packet Pg.215 1 1.A.3 Criteria 3 Florida Statute 288.11621(2)(a)(3.) The applicant has made a financial commitment to provide 50 percent or more of the funds required by an agreement for the acquisition, construction, or renovation of the facility for a spring training franchise. The commitment may be contingent upon an award of funds under this section and other conditions precedent. Lee County will provide matching funds in a range between 55% and 67%. Based on a total project cost range of $33 million to $45 million and including the state grant of $15 million, Lee County's match will range from $18 million to $30 million. The final cost will be determined upon final negotiation of the Q. Development Agreement. Therefore the percentage of match from Lee County = could range between 55% and 67%. This exceeds the requirements of Criteria d 3. As stated in the previous section, the facility standards expected for Major CD League Baseball spring training facilities have outpaced the improvements made to Hammond Stadium over the last 22 years. Cities in and around metropolitan Phoenix, AZ have built massive, two-team complexes over the last 10 years and J have lured five teams from Florida during that same period of time. Nine communities in Florida have received state funds since 2000 to renovate and/or construct new facilities since Hammond Stadium was built. In order to restore c Hammond Stadium to a standard for others to be compared, significant 7 improvements are required. The major facility improvements are summarized 'Q below: a • Expanded seating capacity throughout the ballpark • Replacement of all bench seats with chair-back seats c� • 360 degree walk-around boardwalk • Additional corporate party decks • Suite relocation and renovation E' • Improved shade structures for fan comfort E • Expanded concourse for new seating capacity • New team merchandise store • Renovated major and minor league clubhouses • Hydrotherapy training center • Additional and modernized concession areas • Permanent office space for Fort Myers Miracle staff • Kitchen and commissary • Additional practice field and agility field • Minor league player academy • Additional parking as required by increased seating capacity 4 Packet Pg.216 11.A.3 Attachment C shows the maximum proposed Minnesota Twins Spring Training Facility Improvements Scope. Although the total project cost as presented by Populous Architect Firm is $45 million, Lee County continues to negotiate with the Twins as to the necessary improvements required in exchange for a new 30- year lease agreement. C C C, C a U) C) CO N CD N 'I- C. C 0 cC U C. C. C CC N O C C) C.) 5 Packet Pg.217 11.A.3 Criteria 4 Florida Statute 288.11621(2)(a)(4.) The applicant demonstrates that the facility for a spring training franchise will attract a paid attendance of at least 50,000 annually to the spring training games. The Minnesota Twins spring training attendance will continue to attract paid attendance well above the required 50,000 annual attendance which exceeds the requirement of the criteria. The following chart shows that the Minnesota Twins average well over 50,000 paid attendance annually. In fact, the Twins have averaged 117,850 annual paid a) attendance over the last 10 years. Ct CD N Minnesota Twins Annual Attendance (2003-2012) m The Minnesota Twins have averaged well over 100,000 paid attendance annually over the coo last 10 years. N 140.000 129,544 129,453 124,934 122,555 _.. 121,574 120.000117,503. 110,331 111,691 Z 106,209 104,712 100,004 co -cs 80.000 C 6.1 a. ca 60.000 _ _ V N < 40.000 tst 20:000 . . m U f6 0 - w 2003 2004 2005 2006 2007 200E 2009 2010 2011 2012 *Attendance figures were provided by the Florida Sports Foundation. 6 Packet Pg.218 11.A.3 Criteria 5 Florida Statute 288.11621(2)(a)(5.) The facility for a spring training franchise is located in a county that levies a tourist development tax under s. 125.0104. Lee County now collects a 5% tourist development tax which is allocated for expenditure as follows: • 53.6% for tourist advertising and promotions • 26.4% for beach and shoreline improvements • 20% for sports facilities Since 1982, the Lee County Board of County Commissioners has collected a tourist development tax under the authority of Chapter 125.0104, Florida Statutes. Initially a 2% tax on short-term accommodations, Lee County Ordinance y 82-33 has been amended several times, with an additional 1% levy added 0° in March of 1988 and another 2% added in January 2006. Copies of Lee County Ordinance 07-28 and its subsequent amendments (Ordinances 09-01 and 10-31) are included in Attachment D. 0. U- 0 0 0. L 0 N N a a, E 0 Ct 7 Packet Pg.219 11A.3 _ II Section 2 coEvaluation Criteria N t0 as required by 288. 11621 (2), F.S. (2011 ) N 1.150 c_ rL^ O 07 f6 8 Packet Pg,220 11.A.3 Evaluation Criteria #1 - Economic Impact The anticipated effect on the economy of the local community where the spring training facility is to be built, including projections on paid attendance, local and state tax collections generated by spring training games, and direct and indirect job creation resulting from the spring training activities. Priority shall be given to applicants who can demonstrate the largest projected economic impact. The Minnesota Twins have a tremendous impact on the economy of Lee County and Southwest Florida. This impact can be measured in terms of economic impact, attendance, promotional benefits and assisting with Lee County's unemployment rate. With the proposed expansion, it is estimated that the following would be benefits to the local economy by retaining the Twins: .a • Direct visitor expenditures would jump by $4.7 million annually. • An estimated 100 additional permanent jobs would be created throughout the community as a result of Spring Training activity alone. • Short term benefits would include estimated job creation during N construction of over 500 jobs. • Short term job creation directly benefits the local community by reinfusion . of those salaries back into the local economy. • Conservatively assuming an annual increase of $4.7 million economic benefit per year, the additional 24 years of spring training per the lease term would assure local additional benefit of$113 million. • Loss of the Minnesota Twins could create a loss of over $600 million in positive economic impact in the form of direct visitor spending. Q • The benefit of retaining the Twins in economic terms far outweighs the initial cost of updating the facility and extending the lease term. Economic Impact History and Projections N In 2009, the Lee County Visitor & Convention Bureau commissioned a study with Davidson Peterson & Associates (DPA) to assess the impact of spring training E attendees on Lee County's tourism revenues. The full study can be found in Attachment E. Although both fans of the Minnesota Twins and Boston Red Sox were interviewed, only the Twins data will be highlighted here: • Minnesota Twins attendees generated $23.5 million in direct tourist spending in 2009. • 565 fans were interviewed throughout the 2009 Spring Training season at Hammond Stadium. • 72% of attendees at Twins games were from outside of Lee County, including 45% from Minnesota. • Average Trip Length was 8.51 days per traveling party. • Average Daily Expenditure per attendee was $137.72. 9 Packet Pg.221 11.A.3 • 61% of attendees said that Spring Training was either their "primary reason" or an "extremely import reason" for their visit to Lee County. • 68% of attendees stayed in paid accommodations in Lee County. • 52% of those interviewed said that Spring Training was why they visited Lee County for the first time. • Spring training generated future off-season tourism, as 66% of attendees said they would "probably" or "definitely" visit Lee County in other times of the year besides Spring Training. • Minnesota Twins Spring Training attendees supported 485 jobs in Lee County, 341 through direct impacts. They supported $11.9 million in Lee County household incomes with $7.3 million directly supported. c • Minnesota Twins Spring Training attendees generated $1.3 million in local •R government revenues, $644,000 directly. it • Minnesota Twins Spring Training attendees generated $2.5 million in state c government revenue with $1.7 million directly supported. cn Using historical attendance records provided by the Florida Sports Foundation c and the 2009 DP&A economic impact study, Table 1-1 shows the estimated th economic impact of fans attending Minnesota Twins games from 2008 through 0° 2012. The Twins have averaged $21.9 million in Direct Visitor Expenditures co during the last five years. N Cl..15 Table 1-1 Q z IT c Minnesota Twins Estimated Economic Impact (2008-2012) o Based on a significant economic impact study conducted by Davidson Peterson 0 &Associates in 2009(shown in red),the Twins generated an average of$21.9 15.— million in Direct Visitor Expenditures over the last five years. °' Q y 25.000 22.644 23..18E 23.463_-. 0" N 21.297 N '� 20.000 18.979 O CJ N O } iv v, 15.000 '5 o cu .c -, O U 15 O f6 aci 4 10.000 u •a W i 0 5.000 -5470 O O N N N [QV N O N 10 Packet Pg.222 11.A.3 Table 1-2 shows the projected economic impact of Minnesota Twins Spring Training if the capacity of Hammond Stadium is increased from total capacity 8,100 (7,500 fixed seats) to a total capacity of 9,300 (8,500 fixed seats). If the Twins continue to enjoy 100% percent paid attendance vs. their stadium capacities, DPA estimates that the Direct Visitor Expenditures would jump to $28.2 million if Hammond Stadium's capacity increased to 9,300. Table 1-2 Minnesota Twins Future Economic Impact (9,300 capacity) 63 Based on the 2009 DPA economic impact study,years 2013 and 2014 are shown = a at the five-year average of$21.9 million in Direct Visitor Expenditures. 2015 ca shows the estimated impact when the facility capacity is increased to 9300 ~ assuming 100% occupancy. i. cn u4 30.000 28.231 21CD 0 25 .000 22.844 23.488 zs:�es 21.297 21.900 21.900 COea F2 20.000 18.979 —' N Y „ t0 — O © 15.000 etN W "" 10.000 O r—�. .� 5.000 > Ii fr;: O mm o ,- c, ro . ''4 0 0 N N N N N N,,, . V .Q 0_ Q r Attachment F includes a statement from Davidson Peterson & Associates c� verifying the economic impact estimates described above. Attachment F also shows future Direct Local Government Tax Collections, future Direct State N Government Tax Collections and future Direct Employment benefits that would E' be enjoyed from if Hammond Stadium's capacity increased to 9,300. E Additionally, DPA estimates that a renovated and expanded Hammond co Stadium/Lee County Sports Complex would create an estimated 100 additional jobs throughout Lee County during Spring Training. 11 Packet Pg.223 11.A.3 Attendance The Minnesota Twins enjoy a substantial Spring Training following that continues to grow with each passing year. Table 1-3(a) and Table 1-3(b) show their annual attendance has grown seven out of the past 10 years. The Twins have averaged well over 100,000 annual attendance over the last decade, averaging 117,850 attendees each year. Table 1-3(a) Minnesota Twins Average Daily Attendance (2003-2012) The Minnesota Twins have increased their average Spring Training attendance c in seven of the past ten years. :c L 8.200 8.091 F- 8055 O7 c 8.000-__ - 7.808 L cuL 7. 7.620 4 7s00800 _ __ c4 7.446 2 7.400 7.355 I T 34d..._ N @ 7.200 iiIi1ii I a Q 7.000 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Q Z C O Table 1-3(b) Ti..- a Minnesota Twins Annual Attendance (2003-2012) Q The Minnesota Twins have averaged well over 100,000 paid attendance E L annually over the last 10 years. 0 N 0- 140.000 N 129.544 129,453 121,574 1224.934 122,555 C 117,503 1 20.0 00 - E 110.331 111.691 v 106.209 104,712 100.000 v r073 w c v 80.000 73 60.000 4 40.000 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 12 Packet'Pg.224 11.A.3 Table 1-4(a) and Table 1-4(b) show annual Spring Training attendance in the Florida Grapefruit League since 2003. The Twins rank fourth in total attendance during the last 10 years, drawing nearly 1.2 million fans to Southwest Florida during that period. They also tied for fourth in average daily attendance over the last five years. Table 1-4(a) Grapefruit League Total Annual Attendance (2003-2012) Over the past ten years, the Twins are 4th in Grapefruit League total annual 73.3 attendance,drawing nearly 1.2 million fans to Southwest Florida each year. c 1.800 _. _... _ _.... _... _... _.... c F4 lsao -,1.54a. _ _ __ _ _ F N c) 7. 1.400-- c M 1.306 _ ..___ ___ 7.7. Q. C 1.204 1.175 1.170 U) 1.200 C0 1.068 u CCZ .10 1.000.... _ _. ....I1Uuus ....- __. _.. .._..... _. League 7) (:) BTG`-.843 841 Average N O 800 ..., L..:i 621 607 557 60, r- 400-.Q ra 2 a C 22 2 p U 2 i t C — i s U- c 0 Table 1-4(b) .Q a Grapefruit League Average Daily Attendance (2007-2011) a Over the past five years,the Twins have tied for 4th in the Grapefruit League inco terms of average daily attendance,with more than 1,200 more fans per game C7 than the league average. 0 12 CV 4-1 10.6 .F.r .•4 0 10 E O 8.7 8:5 U ✓ 8 _.. .. 7.8 7.8 .._... CO C 10 H - - - G.4 League Q CD• O 6 _ 5.9 5.5 5.5 Average O rA 5.1 Q y 4 4.0 4z 4.0 1fl o v 2 - rp a z .- Q - ea p N 172 m ~ Z a LL O 5 g u,p '9 = 13 Packet Pg.225 11.A.3 — Table 1-5 shows that the Minnesota Twins have maximized their fan growth and ticket revenue potential at Hammond Stadium, finishing third in the Grapefruit League in attendance vs. capacity. The Twins were one of only four teams that enjoyed more than 100 percent paid attendance vs. their stadium capacities in 2011. Table 1-5 Grapefruit League Percent of Capacity at Home (2011) 1n 2011, the Twin had the 3rd highest percent of capacity of any team in the 63 c Grapefruit League. 'E 140% cts ~ c 120% - '^ VJ +- 104 . 10355 1 on 77 _1 ra 100% w, _ -0 89°.'0 8G°,n 8595 % League N as w- L:,:74., $0°%a _ ?`x..._17% 75% T5'.o"' '74 Average CO O .. !' I :: . :C—IC m C 0°foO_ E Itliti p ! . 1J .1 ! 1i 0. Q. Q .`r m rL V N TS N C Promotional Benefits E In addition to the economic benefits derived from Minnesota Twins Spring u Training attendees, the County has capitalized on marketing to the entire upper Midwest region. A large component of this marketing effort is using Twins assets for promotional purposes. Each year, Lee County receives approximately $57,375 worth of advertising, promotion and hospitality during regular season home games at Target Field and spring training games broadcast both on television and radio. Using these assets has allowed Lee County to accrue additional tourist dollars and attract increasing business dollars to the region. 14 Packet Pg. 226 11.A.3 Unemployment in Lee County Traditionally Lee County's economy has relied on tourism and construction. The recession and subsequent roller coaster economy has taken a toll on the local construction industry, thus creating a higher than average unemployment rate for Lee County. The recovery for our area has been slow, as is indicated in the following graph: May Annual 2012 Averages 2011 Lee County Unemployment Rate 8.7 11.1 Florida Unemployment Rate 8.5 10.5 United States Unemployment Rate 7.9 8.9 Census Tract N/A 9.1 Lee County's unemployment rate remains higher than both the state and national averages. cn A construction project of this size and scope would put hundreds of people back to work in the construction industry. Prior to the construction of JetBlue Park (the new Spring Training home of the Boston Red Sox), Lee County hired Dr. Gary Jackson from Florida Gulf Coast University to estimate the employment impact from the project. Dr. Jackson estimated that the construction of the facility would a create more than 500 new jobs in Southwest Florida. The final job creation for °- JetBlue was more in the range of 800 jobs. Although a restoration and � refurbishment of Hammond Stadium is not of the same exact scope, it will require hundreds of construction workers over a 12- to 18-month period and an estimate of 500 jobs created is a reasonable projection. In addition, Attachment F already showed that a renovated and expanded a Hammond Stadium/Lee County Sports Complex would create approximately 100 additional permanent jobs throughout Lee County during Spring Training. N 15 Packet Pg. 227 11 A3 Evaluation Criteria #2 - Matching Funds The amount of the local matching funds committed to a facility relative to the amount of state funding sought, with priority given to applicants that commit the largest amount of local matching funds relative to the amount of state funding sought. As stated in the qualifying criteria, Lee County would be providing $18 to $30 million in addition to the state award of$15 million. This is a match range of 55% to 67% which represents a substantial commitment by Lee County in conjunction with the State's assistance. ea Lee County has long been a passionate advocate for Spring Training baseball and the benefits to the community. Spring Training has been part of Lee8. County's culture since the early 1900's, and we have invested over $100 million cn in facility construction and improvements throughout the last three decades. Lee .a County recently spent $77 million to construct JetBlue Park, the Spring Training home of the Boston Red Sox, in exchange for a 30 year lease with that ballclub. It was the first Spring Training facility to be built without state financial assistance since the 1990's. As stated in earlier sections of this application, Lee County constructed a Hammond Stadium and the Lee County Sports Complex in 1991 for $18.2 million. Through the years, Lee County has been deliberate and pragmatic in keeping the facility at a premiere level. In addition to the cost of building o Hammond Stadium, we have invested over $10 million in facility improvements and major maintenance over the last 22 years. We have added seats, built a grass berm and party deck, and added a weight room just to name a few of the projects. Additionally, Lee County recently purchased 14.3 acres of adjoining property for N $4.8 million to make future expansions possible. The land purchase was critical for the project, as any additional seating occupancy will require additional parking on the site. So you can see that Lee County's dedication to Spring Training baseball has not only been a continued partnership but a strong financial commitment. However, we are at a point that Hammond Stadium and the Lee County Sports Complex must be renovated to bring it to current Major League Baseball Standards and thus retain the Minnesota Twins for the next 30 years. To accomplish this we must secure the state financial assistance via this grant opportunity. Attachment C outlines the maximum scope of work proposed by Populous Architect Firm for a significant renovation of Hammond Stadium and the Lee County Sports Complex. The ultimate project scope is still subject to final 16 Packet Pg.228 11.A.3 negotiation of the Development Agreement and it is anticipated the cost could range from $33 million to $45 million. If the state participates at the maximum $15 million, then Lee County's portion of the project would be 55% to 67% and the state's funding would represent 33% to 45% of the project costs. Although the total project scope as presented by Populous Architect Firm is significant, Lee County continues to negotiate with the Twins as to the necessary improvements required in exchange for a new 30-year lease agreement. 3.2ea ra .a d N t0 CO N CD N 0. 0 :a 0 Q 0. c C7 N r O N d E 0 17 Packet Pg.229 11.A.3 Evaluation Criteria #3 - Multiple Uses The potential for the facility to serve multiple use. Hammond Stadium and the Lee County Sports Complex are used 12 months a year for a myriad of uses. Both local citizens as well as sports tourism events utilize the facility. In 2011, the facility was used for 348 event days or 95% of the year! Minor League Baseball The complex not only is the Spring Training home of the Minnesota Twins, but it is also the home of the Twins Class "A" Affiliate, the Fort Myers Miracle. The ,ftS Miracle draw thousands of fans for each of their 70 home games and provide excellent affordable entertainment for the citizens of Lee County. Amateur Baseball Tournaments The Lee County Sports Complex hosts dozens of amateur baseball tournaments, from the four-week-long Roy Hobbs World Series to high school showcase tournaments to Challenger Baseball functions. The following chart shows the economic impact and usage of amateur baseball events at the Lee County N Sports Complex. Amateur baseball generated over 39,000 hotel room nights and $19.3 million in Direct Visitor Expenditures over 81 event days at the Lee County a Sports Complex. z Lee County Sports Comlpex-Amateur Baseball Events 2011 O ROOM DIRECT TOTAL EVENT EVENT NIGHTS SPENDING IMPACT DAYS 151.- 2011 2011 Minnesota Baseball Academy 176 $70,564 $117,842 4 Roy Hobbs World Series 11.666 $6,639,980 $11.088,767 29 Perfect Game World Wood Bat Underclass 6,370 $2.965,762 $4.952,823 4 Perfect Game BCS 17U&18U Finals 5.192 $2,286,425 $3.818,330 6 Perfect Game BCS 14U&16U Finals 6.231 32,830,262 $4,726,538 6 Perfect Game BCS 15U Finals 4.015 $1,884,025 $3,146,322 6 N AAU Baseball Underclass National Championships 1,596 S775,966 $1.295,863 6 Perfect Memorial Day Tournament 2,781 $1,082,438 $1,807,671 4 Marino's Boston Fantasy Camp 754 3364,348 5608,461 8 E Marino's Minnesota Twins Fantasy Camp 932 5416,552 $695,642 8 c) 2011 Totals for All Baseball Facilities 39.713 $19.316.322 332.258,259 81 Softball Complex The Lee County Sports Complex features a quad of softball fields and hosts not only nightly local league play but many sports tourism tournaments that generate millions of dollars for Lee County. The softball complex was used 140 event days to host league play in 2011. 18 Packet Pg:230 11.A.3 Other Uses The complex also hosts many events such as high school cross country meets, tractor pulls, RV shows, car shows, festivals, circuses and concerts. The facility was used 33 event days in 2011 for non-sports activities. C, I- C) .` a co coN m N CO N 0 aim L O ;r ca Q O. w CS N 0 N C) E v w 19 Packet Pg.231 11.A.3 Evaluation Criteria #4 - Intended Use of Funds The intended use of the funds by the applicant, with priority given to the funds being used to acquire a facility, construct a new facility, or renovate an existing facility. As stated in a previous section, the facility standards expected for Major League Baseball spring training facilities have outpaced the improvements made to Hammond Stadium over the last 22 years. Cities in and around metropolitan Phoenix, AZ have built massive, two-team complexes over the last 10 years and have lured five teams from Florida during that same period of time. Nine *E communities in Florida have received state funds since 2000 to renovate and/or construct new facilities since Hammond Stadium was built. In order to restore Hammond Stadium to a standard for others to be compared, significant improvements are required. The major facility improvements are summarized below: • Expanded seating capacity throughout the ballpark to • Replacement of all bench seats with chair-back seats 0° • 360 degree walk-around boardwalk • Additional corporate party decks N • Suite relocation and renovation 115 • Improved shade structures for fan comfort • Expanded concourse for new seating capacity • New team merchandise store LT • Renovated major and minor league clubhouses0 • Hydrotherapy training center • Additional and modernized concession areas • Permanent office space for Fort Myers Miracle staff • Kitchen and commissary • Additional practice field and agility field N • Minor league player academy N • Additional parking as required by increased seating capacity See Attachment C for the maximum project costs as proposed by Populous. Negotiations with the Minnesota Twins are on-going to establish final project costs ranging between $33 million and $45 million. 20 Packet Pg.232 11.A.3 Evaluation Criteria #5 - Length of Use by Same Franchise The length of time that a spring training franchise has been under an agreement to conduct spring training activities within an applicant's geographic location or jurisdiction, with priority given to applicants having agreements with the same franchise for the longest period of time. The Lee County Sports Complex has been used as a spring training facility for the same franchise for 22 years. 3 In 1989, Lee County and the Minnesota Twins entered into negotiations to '_ relocate the Twins' Spring Training headquarters to Lee County, FL. Hammond Stadium opened in March 1991 and set a new standard for Spring Training complexes in both Florida and Arizona. Lee County and the Minnesota Twins have enjoyed a model public-private partnership, as Southwest Florida has been the annual starting place for many successful Twins seasons. Hammond 2 Stadium has been the birthplace of six American League Central Division Titles, one American League Pennant and the 1991 World Series Championship for the Minnesota Twins organization. Below is a timeline of Lee County's partnership with the Minnesota Twins: ,1 Lee County Sports Complex 1989-present 1989 Lee County and the Minnesota Twins agree to a 20-year agreement that commences after a new Spring Training complex is constructed prior to the 1991 Spring Training season. Q. 1991 Hammond Stadium opens for its Inaugural Year. 2004 Lee County and Minnesota Twins negotiate a new 17-year lease that csi concludes after the 2020 Spring Training season. There is an option for the Twins to extend the lease for two separate, but consecutive, periods of five years each. 2011 Lee County hired the sports architect firm Populous (formerly HOK Sports) to work with Lee County and the Minnesota Twins to determine needed improvements that would compel the Twins to sign a new 30-year lease agreement. 21 Packet Pg. 233 11.A.3 Evaluation Criteria #6 - Length of Continuous Use The length of time that an applicant's facility has been used by one or more spring training franchises, with priority given to applicants whose facilities have been in continuous use as facilities for spring training the longest. The Lee County Sports Complex has been used as a continuous spring training facility for 22 years. i� The Minnesota Twins are the only ballclub that has been a tenant at the Lee County Sports Complex. As per Evaluation Criteria #5, the facility was built for the Twins in 1991. a COrcs N CO N w .'a J 0 ti a 'L^ N CTO N 01 22 Packet Pg.234 11.A.3 Evaluation Criteria #7 - Remaining Lease Term The term remaining on a lease between an applicant and a spring training franchise for a facility, with priority given to applicants having the shortest lease terms remaining. There are eight (8) years remaining on the lease agreement between Lee County and the Minnesota Twins. Lee County and the Minnesota Twins have an active Spring Training lease agreement that is valid through the Spring Training season of 2020. A copy of •.__ the current lease agreement can be found in Attachment B.2. .42 N CO N N -46 LL 0 t6 C.) t"1.- C•4 0. f4 0 N 4) E U f6 w 73 Packet Pg.235 11A.3 Evaluation Criteria #8 - New Lease Term The length of time that a spring training franchise agrees to use an applicant's facility if an application is granted under this section, with priority given to applicants having agreements for the longest future use. Lee County and the Minnesota Twins have agreed to a new 30-year lease that will begin after the proposed renovations are completed to Hammond Stadium and the Lee County Sports Complex. Renovations are expected to be finished prior to Spring Training season of 2014, but no later than Spring Training season of 2015. This will ensure the Minnesota Twins remain in Lee County and the state of Florida through at least 2043. The Conditional Lease Agreement can be found in Attachment B.1. a U) CD N t4 N t0 N a z L 0 CC r) Q CC 0 d E V CC w 24 Packet Pg.236 11.A.3 Evaluation Criteria #9 - Recreational Land Use Expansion The net increase of total active recreation space owned by the applicant after an acquisition of land for the facility, with priority given to applicants having the largest percentage increase of total active recreation space that will be available for public use. If applying the additional acreage to the current Lee County Sports Complex, 15 acres increases the total active recreational space of the complex by 18%. In order to expand the scope and usage of Hammond Stadium and the Lee County Sports Complex, Lee County purchased 14 acres adjacent to the current 84-acre Spring Training complex. According to the Lee County Department of Community Development Concurrency Report for fiscal years 2009/2010 and 2010/2011, Lee County 2 provides 6,075 acres of regional park land including the land stewardship preserves, and other miscellaneous and undeveloped/leased park properties. The purchase of 14 acres adjacent to the current parcel increased the active recreational lands to 6,090. The additional property will be used for parking N during spring training and for festival grounds during the rest of the year. The additon of the baseball field will allow for increased community activity as well as enhance the number of fields offered for events and amateur baseball tournaments. 0 If applying the additional acreage to all of Lee County's park lands, the net increase is less than 1%. L C7 N ar N C) r V r.+ Q 25 Packet Pg.237 11.A.3 Evaluation Criteria #10 - Facility Location The location of the facility in a brownfield, an enterprise zone, a community redevelopment area, or other area of targeted development or revitalization included in an urban infill redevelopment plan, with priority given to applicants having facilities located in these areas. Hammond Stadium is not located in a brownfield, an enterprise zone or a community redevelopment area. Ordinance No. 09-29 designating Lee County as an Economic Recovery Zone .c.2 has sunset. Unemployment Traditionally Lee County's economy has relied on tourism and construction. The recession and subsequent roller coaster economy has taken a toll on the local construction industry, thus creating a higher than average unemployment rate for CC Lee County. The recovery for our area has been slow, as is indicated in the m following graph: May Annual . 2012 Averages 2011 Lee County Unemployment Rate 8.7 11.1 Florida Unemployment Rate 8.5 10.5 t United States Unemployment Rate 7.9 8.9 c Census Tract N/A 9.1 7. Lee County's unemployment rate remains higher than both the state and national averages. A construction project of this size and scope would put hundreds of people back to work in the construction industry. Prior to the construction of JetBlue Park (the N new Spring Training home of the Boston Red Sox), Lee County hired Dr. Gary Jackson from Florida Gulf Coast University to estimate the employment impact from the project. Dr. Jackson estimated that the construction of the facility would create more than 500 new jobs in Southwest Florida. The final job creation for w JetBlue was more in the range of 800 jobs. Although a restoration and a refurbishment of Hammond Stadium is not of the same exact scope, it will require hundreds of construction workers over a 12- to 18-month period and an estimate of 500 jobs created is a reasonable projection. 26 Packet Pg.238 11.A.3 -61 c Attachment A ea t6 -- m N t0 'Ct N LL O t6 a cc /LR a ca Packet Pg.239 !: Return m:pnaae eau edreeuo ttartwsd$,muco) 1. s 11,A.3 Nanta 0 Mum �jOliiMe Inssn,mem?wal?walled Dl .., 2716620 16620 J Cvantee Nene end S S._ , • .ir )'J,12I/E hF , '.I.,k Gnimee Name em S.S r -- SPACE ABOVE THIP LINE FDR PRCCSSan1G DATA SPADE ABOVE T$IS LINE FOR PROCESSING DATA ..--..-- Obis i Whore*lead Amin,M.Um''peas'Asa waled,Use bps,personal,.wawva,ws,aseawon esd/m waterer al Nr napalm pone:Pomo;nor w al Or owe*;who.Map meted,m,plena ..,d W plead dr Avner;Ike se aT eau,pwdw die...d.d,,dl Hut.,.mer.d...d.IA.,N.., •'waa"Mail Include el Pr Aar Aswan dem0.d(fweer.AAA aw Made this / day of September A. D. 19 89 $etmtea CLAUSE ENTERPRISES OF FT. MYERS, LTD. , a Florida Limited Partnership 13 of the County of Lee in the State of Florida party of the first part.and LEE COUNTY, a Political Subdivision of the State of •` Florida, whose mailing address is: ,t?p„Boy J5 Amrs.ryess/fecAvac t-- 33947L c m of the County of Lee in the State of Florida e En party of the second part, = m p m y 7PttneSsztfi, that the said party of the first part, for and in consideration of the sum of N TEN--($10.00) & O.G.V.C.- Dollars, Qp to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has a S granted, bargained and sold to the said party of the second part his heirs and assigns forever, the following a ;f described land, situate lying and being in the County of Lee , State of ! Florida,to wit: a �L See Exhibit "A” attached hereto and by reference made a part hereof. a • 3 z_ c 0 s - SUBJECT TO outstanding oil and mineral rights and taxes subsequent 0 a to 1988. a. U1slLicn a ;rnvcd .> Approved As a Ac O Q P y the' :V Ca;:r?V t-oard To Form. (. Cor-„:'q i:: .. ,cc . , hFf t C7 Find ncc i.,:d :1 :, ..,.,, � ' . . •„ �, a �ryAlialaar+ fV o County A •rney o in accordtace w it.h 4,77":.1=1/, zstrrr1 cilF Property Appraiser's Parcel Identification Number. And the said parry of the first part does hereby fully warrant the title to said land, and will defend the same IS against the lawful claims of all persons whomsoever, Q 3n 35 tines s illbtrecf. the said party of the first part has hereunto set his hand and seal the day and year first above written. CLAUSE ENTERPRISES OF FT. MYERS, LT - rtumeb in (bur frtstnce: a Florida Limited Partnership )� BY: The Donald J. Clause Organiza, i of P1 or•i rla Tnr P1 nr4r9s L ... W Corporation, as Geeeral Partner — A • L.S. BY: �� ���,r..% L.S. +ohn D Clause, President L.S. irtate u1NLnrthu izmuuq of LEE 3 Merril Certift That on this day pensenallp pppegr d before me. at) officer duly authorized to administer oaths and take acknowledgments, Jonh L7. clause, Presicen't of Tose ,,.ft, Donald J. Clause Organization of Florida, Inc., a Florida Corporation, as General Partner of CLAUSE ENTERPRISES OF FT. MYERS, LTD. , a Florida LlinrWe. 11 Jtapkdwtnal: k rl to me to be the individual described in and who executed the foregoing deed, and he acknowledged before me that... e rxecuted the same freely and voluntarily for the purposes therein expressed. Nit1Aess my hand and offeca seal at Fort -Myers ! County of Lee ,and Stat f Florid, this /SS day of I September L. i, I;:4:D. 19 g'9' c.l My Commission Expnrs CIP.•:' •' 'Pg.240 . ' ". _ -'_ ._ -4 Notary Public I MairB/T "A" A tract or parcel lying in the northeast quarter (NE 1/4) of Section 30, Township 45 South, Range 25 East. Lee County, Florida which tract or parcel is described as follows: From the southwest corner of the northeast quarter (NE 1/4) of said Section i 30 run North 01 ° 10' 06" West along the west line of said northeast quarter (NE 1/4) for 621.20 feet to the point of beginning. From said Point of Beginning continue North 01 ° 10' 06" West along said west line for 1921.55 feet; thence run North 88 ° 55' 40" East parallel with the south line of said fraction for 2184.47 feet to an intersection with the curved northwesterly line of Six Mile Cypress Parkway as described in O.R. Book 1119 at page 835; thence run southwesterly along said northwesterly line along the arc of a curve to the right of radius 5604.58 feet (chord bearing South 23 ° 42' 17" West) (chord 2116.37 feet) (delta 21 ° 45' 59") for 2129.15 feet; thence run South 88 ° 55' 40" West for 1294.31 feet to the point of beginning. Bearings hereinabove mentioned are Plane Coordinate for the Florida West •� Zone derived from the Florida Deparment of Transportation centerline survey for Six Mile Cypress Parkway. U, Q d N R 4I N CO %b : C, i "o 2 J N • Z ^\ - r o 0 CJ1 . v 01 a r a N N y E ro •e- • Packet Pg.241 1NTX $ LUIIUVUU /U /3.i, Doc Type 1J, Pages 1, Recorded U3/23/2011 at 03:06 PM, Charlie Green, Lee County Clerk of Circuit Court, Deed Doc. D $33670.00 Rec. 11.A3 Fee $10.00 Deputy Clerk WMILLER This instrument was prepared by and when recorded return to: JOAN DeMICHAEL HENRY LUSK,DRASITES,TOLISANO&SMITH,P.A. 202 S.DEL PRADO BOULEVARD CAPE CORAL,FLORIDA 33990 Property Appraiser's Parcel Identification No. 30-45-25-00-00004.0000 WARRANTY DEED (Statutory Form--Section 689.02,F.S.) This Indenture,made this (0-- day of/2011,Between Suriyah,LLC,a Florida Limited Liability Company,whose post office address is 5700 Harborage Drive,Fort Myers, FL 33912, grantor*,and LEE COUNTY,A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA whose post office address is P.O.Box 398,Fort Myers,FL 33902, grantee*, c c Witnesseth that said grantor,for and in consideration of the sum of TEN AND NO/100($10.00)DOLLARS,and other 115. good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged, H has granted,bargained and sold to the said grantee,and grantee's heirs and assigns forever,the following described land, c situate,lying and being in Lee County,Florida,to-wit: Q N A tract or parcel of land lying in the Northeast Quarter(NE 1/4)of Section 30,Township 45 South,Range 25 East,Lee County,Florida,which tract or parcel is described as follows: l9 .Q c) Beginning at the Southwest corner of the Northeast Quarter(NE 1/4)of said Section 30,run North 01°10'06"West along the t't West line of said Northeast Quarter(NE 1/4)for 621.20 feet;thence run North 88°55'40"East parallel with the South tine of said M fraction for 1294.31 feet to an intersection with the curved Northwesterly line of Six Mile Cypress Parkway as described in O.R. Book 1119,page 835 of the Public Records of Lee County,Florida,thence run Southwesterly along said Northwesterly line along N tD the arc of a curve to the right of radius 5604.58 feet(chord bearing South 36°25'35"West)chord 359.62 feet(delta 03°40'37") Tr SNI for 359.68 feet to a point of tangency;thence run South 38°15'54"West for 434.29 feet to an intersection with the South line of said Northeast Quarter(NE 1/4);thence run South 88°55'40"West for 799.06 feet to the Point of Beginning. r— a „....... LESS AND EXCEPT for West 50 feet thereof. J Q Bearings hereinabove mentioned are Plane Coordinate for the Florida West Zone derived fom Florida Department of Z Transportation centerline survey for Six Mile Cypress Parkway. LL C SUBJECT TO reservations of record and taxes for the current year and subsequent. w U and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of alrso Q whomsoever. �. �. cI. ,. Q *"Grantor"and"grantee"arc used for singular or plural,as context requires. - j�j``ry�{, - 5 ea Cy U ea In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above ritten. ' • C7 I • n T E X N Suriyah,LLC,Grantor g �n • c Si; ed,s-_,.110; - • . in our presence: NO , .3 : r E. ..t i 41114YI --- 41111 (First ''itness) _ Girish Patel,Manager Prime: n an ��� ^ o ., t0 � C w t/ (Corporate Seal) 90. , ! a (Second Witness) / � — •. ' Printed name: fla sil,i s%'� /) ./te/ Q E I. 3 '� v .—. E STATE OF f"� -Q_t C ° 8 -r., COUNTY OF i,_oo c THE FOREGOING INST�UM iwa a k o edged befo me this ��• f March,2011.by G rl SVt`C 4 Q-Waci.G-its of Suriyah,LLC, a FL"a.M'nlbY8 'is sona ' 'no n to me...1� . : .. !. as ._. ,,•trot;,,,,end who did(did-mn7 take an oath. My Commission Expires: .W ilt- Notary Pub c D.S. $33,670.00 Printed,typed,or stamped name: REC. $10.00 �,,.���{�r, TOTAL: $33,680.00 ! ., 'y tCOMMI NR *EE 064 �' MY COMMISSION r EE 1164323 ,t-1,,•:-;.:j EXPIRES:June 12,2015 , t Bonded Thtu Notary Pudic Undetwrhets Packet Pg.242 11.A.3 iTs H as Attachment B • 1 =,t5 a,N t4 Q LL Q. C e.5 N 0 N co .r+ Packet Pg'.243 (BululeJj Bupds Ilegases : Z9pZ) jpd 1VNid uol}eollddV lueJO ZI.OZ :;uawyoepd M � N; � I t 0 0 CONDITIONAL STADIUM LEASE AGREEMENT BETWEEN LEE COUNTY AND MINNESOTA TWINS, LLC DATE: JUNE 19, 2012 Al 1a 6/19/2012 M (6u!u!eil 6u!JdS liegesee : Z9PZ) bpd IN/NU ud!le3!IddV lueiD Z-OZ :uewy�e;lbr N to 0 TABLE OF CONTENTS . r a Page 1. CONDITIONAL LEASE AGREEMENT AND TERM 2 2. LEASED PREMISES 3 3. LEASE PAYMENTS 4 4. OPERATING MAINTENANCE 5 5. CAPITAL IMPROVEMENTS 5 6. USE 7 7. OPERATIONS 7 8. ASSIGNMENT/SUBLEASE 8 9. TAXES 8 10. INSURANCE 8 11. DISPUTES 9 12. SUSPENSION OF PLAY 9 13. STATE OF FLORIDA DEVELOPMENT FUNDS 9 14. CONDITIONS PRECEDENT FOR THE PARTIES 10 15. TERMINATION RIGHTS 11 .-. 16. GENERAL PROVISIONS 11 17. RADON GAS 13 18. NOTICES 14 EXHIBIT A: STADIUM LAND AREA A-1 EXHIBIT B: USE AGREEMENT B-1 EXHIBIT C: SPRING TRAINING DEVELOPMENT AGREEMENT C-i ATTACHMENT 1: LEE COUNTY FINANCIAL COMMITMENT TO MATCH STATE FUNDS ATT-1 (6ululeJl Bu hdS Ilegese8 : Z9tiZ) 1pd IVNIJ uogeollddb;ueiD ZI.OZ auauayoe1V M et N' cu �C> CONDITIONAL STADIUM LEASE AGREEMENT a THIS CONDITIONAL STADIUM LEASE AGREEMENT ("Lease"), is made and entered into on this ( 1 day of June, 2012 ("Signature Date") by and between LEE COUNTY, a political subdivision and charter county of the State of Florida, ("County"), and MINNESOTA TWINS, LLC, a Delaware limited liability company (f/k/a Minnesota Twins, a Minnesota partnership) ("Club") (collectively, the County and the Club are referred to general herein as the "Parties" and individually, each a"Party"). PREAMBLE WHEREAS, the Club and the County entered into a certain Stadium Lease Agreement dated May 25, 1989 ("Original Agreement Date"), for the lease of the Lee County Sports Complex, a Major League Baseball Spring Training (defined below) and Minor League baseball facility in Lee County, Florida (the "Original Agreement"), for a period of twenty (20) years commencing with the calendar year 1991, inclusive; and WHEREAS, the Club and the County amended and restated the Original Agreement pursuant to that an Amended and Restated Stadium Lease Agreement dated August 3, 2004 ("Amendment Date"), for the purposes of, among other things, (i)reflecting the Parties' then current course of business dealings, and (ii) to establish an ongoing relationship between the Club and the County for an extended lease term that terminates (subject to renewals) upon the completion of the Club's 2020 Spring Training season ("Amended Agreement"); and WHEREAS, the Club and the County desire to apply for State Development Funds pursuant to Section 288.11621, Florida Statutes, which among other requirements mandates that the Club and the County enter into a lease agreement, such as this Conditional Stadium Lease Agreement, for stadium facility improvements which would be funded in part by such State Development Funds; and WHEREAS, the Amended Agreement provides that the County and Club will meet on a periodic basis to review the design, specifications, quality and other attributes of the Leased Premises (as defined below) in comparison to all Major League Baseball Spring Training stadiums recently constructed or renovated; and WHEREAS, the County and the Club have met and are continuing to meet to discuss the improvements and/or expansion necessary for the Leased Premises to be brought to current Major League Baseball Spring Training standards and the County has engaged a consultant for such purpose; and WHEREAS, in anticipation of the completion of the County's consultant's study and report to the County, which the Parties anticipate will result in the execution and delivery by the County and the Club of a Spring Training Development Agreement (as defined below) for implementation of agreed upon improvements and/or expansion based upon the findings and recommendations by the consultant, the Parties have negotiated this Lease, subject to terms and conditions set forth herein; and 1 (Bululeil BuudS Ilegese8 : Z9PZ) uogeoilddy;ueio Z60Z :luewyoe y a d NOW, THEREFORE, in consideration of the Preamble recitals above, each of which is incorporated by reference herein as an essential term hereof, the covenants and promises herein contained, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the Parties, THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONDITIONAL LEASE AGREEMENT AND TERM. (A) CONDITIONAL LEASE AGREEMENT. This Lease is expressly conditioned upon those certain conditions precedent as outlined in Section 14(A) and.0_31, herein. As provided in Section 15, each Party has the right to terminate this Lease if one or more of the conditions precedent for the respective Party are not met. Upon any such termination, the Amended Agreement shall remain the operative Agreement between the Parties for its Term and any Renewal Terms as may be elected by the Club. Pursuant to the Original Agreement and the Amended Agreement, the Club has, beginning with the 1991 Major League Baseball Spring Training season, engaged in Major League Baseball Spring Training exclusively at the Lee County Sports Complex at and in the "Leased Premises," as defined in those agreements. This Lease shall become effective on the Signature Date, and the "Term" (as set out below) of this Lease shall commence on February 1, 2014 or February 1, 2015, as set forth in Section 1(B) below. The Amended Agreement shall govern the rights, duties and obligations of the Parties with respect to the Leased Premises ^' prior to the commencement of the Term hereunder; provided, however, that the exercise of rights under this Lease shall not be precluded by the continuing effectiveness of the Amended Agreement. (B) TERM. The County shall make best efforts to complete all County Capital Improvements (as defined in Section 5(D)) on or before February 1, 2014, but if the County Capital Improvements are not completed by February 1, 2014, the County Capital Improvements shall not be completed later than February 1, 2015. Upon completion of the County Capital Improvements, and all requirements for occupancy of the Leased Premises have been met,the Club shall enjoy the full beneficial occupancy of the Leased Premises under the terms of this Lease and any further supplementing or replacement Lease(s), which Lease(s) shall amend and restate the Amended Agreement and continue without interruption for a period of thirty (30) continuous years from and after either (i) February 1, 2014 through January 31, 2044 or (ii) February 1, 2015 through January 31, 2045, depending on the date occupancy is provided to the Club ("Term"), except as may be provided for otherwise herein. This Lease may also be extended at the option of the Club for two (2) separate, but consecutive, periods of ten (10) years each (each, a "Renewal Term"). In order to exercise (i) the first ten (10) year Renewal Term, the Club must provide written notice to the County of such option exercise at Ieast one 2 (6uiuieal 6updS lleciaseg : Z9tZ) bpd ivNIA uoi;eollddV;ue.►o ZLOZ :;ueunioe;;y M ' � N• = (1) year prior to expiration of the Term, and (ii)the second ten (10) year co Renewal Term, the Club (A) must have exercised the first ten (10) year a` Renewal Term, and (B) must provide written notice to the County of such option at least one (1) year prior to the expiration of the first Renewal Term. 2. LEASED PREMISES. In consideration of and pursuant to the covenants, agreements, and conditions set forth herein, the County does hereby (i) lease, let, demise, and rent unto the Club, and the Club does hereby rent and lease from the County, the following (the "Leased Premises" or the "Premises"), and (ii) grant the further rights set forth below: (A) The Major League stadium and the Minor League complex located at the Lee County Sports Complex, respectively 14100 and 14110 Six Mile Cypress Parkway, Ft. Myers, Florida, together with adjacent land and all other improvements from time to time located on, adjacent to or used or utilized in connection with the Premises and all appurtenances relating to any of the same, including the land, improvements and appurtenances described and/or set forth in the Spring Training Development Agreement (respectively, the "Major League Stadium" and the "Minor League Complex" and collectively, the "Stadium Complex"), that are more particularly described and set forth in Exhibit A and Exhibit C attached (or to be attached) hereto. "Spring Training Development Agreement" shall mean the mutually agreed upon spring training development agreement to be entered into by and between the County and the Club, to be attached to this Lease (as amended) once executed and delivered as Exhibit C, for the development, construction and improvement of the Lee County Sports Complex as such complex exists prior to and upon the execution and delivery of this Lease. The terms and conditions of which are incorporated by reference to this Lease; (B) The right to utilize on an exclusive basis for the purpose of conducting Spring Training and all Major League Baseball activities and operations, all improvements and appurtenances located on the Premises for the period of time each year as described above; (C) Throughout the Term and any Renewal Term, the right to use the Leased Premises for its events and activities, player training and rehabilitation programs, player development activities or operations, including without limitation, any instructional league and organizational meetings, events and activities, and all other similar events related to the operations of Club or its affiliates professional baseball activities, (the "Club's Exclusive Baseball Activities"); (D) The exclusive right to use, on a year-round basis throughout the Term and any Renewal Term, the offices, clubhouse area, other facilities identified in the Development Agreement and other locations (the "Club's Exclusive 3 (6ululea1 BupdS Ilegases : Z9trZ) bpd 1VNId uol;eollddb;uea9 Z60Z :;uawyoe;;d N COa d: Use Areas") as depicted on Exhibit B as attached hereto and including any other areas on the Leased Premises that may be constructed or renovated following the date hereof which may be designated by the Club as included in the Club's Exclusive Use Areas, provided, however, with respect to additional Club Exclusive Use Areas that are not set forth in Exhibit B are in each case subject to the written approval of the County, which approval shall not be unreasonably withheld, delayed or conditioned; (E) Throughout the Term, and on a year-round basis, the right to use the Leased Premises for the purpose of sponsoring or conducting non-baseball activities, subject to the issuance of any required County permits generally applicable for such activities in or around the Major League Stadium, such as, by way of example only and without limitation, sponsoring or conducting musical concerts, theatrical performances, or any other event intended for general entertainment purposes (each a "Club Non-Baseball Event"); (F) During the Term and any Renewal Term, and for so long as same has not been terminated by reason of a default by the Club, the Club may conduct professional baseball activities by itself and in conjunction with organizations other than Club including, without limitation, activities for Spring Training and Minor League operations. The Club shall not be required to share the Leased Premises, for any reason, with any third party unless provided in this Lease or in a separate written amendment to this Lease; and (G) Uninterrupted access to and egress from the Leased Premises and any other improvements from time to time located on the Leased Premises including, without limitation, access to and egress from all areas owned, licensed or otherwise controlled by the County that are reasonably necessary for the Club to exercise its rights and perform its obligations under this Lease, subject only to the right of the County during times declared by the State of Florida and the County to be a public emergency, to restrict access, egress and/or use of all or portions of the Leased Premises to serve as temporary staging areas or for such other purposes as the County declares necessary and expedient to protect the public's safety, health and welfare. 3. LEASE PAYMENTS. As consideration for this Lease and as rent due to the County for the lease of the Leased Premises to the Club, the Club use of same, the Club agrees to pay to the County a guaranteed annual Lease payment for each year during the Term and any Renewal Term (i) beginning on February 1, 2014 or February 1, 2015, whichever date occupancy is provided to the Club, the amount of Three Hundred Thousand Dollars ($300,000.00), plus applicable state sales tax, with periodic incremental percentage increases to be discussed and mutually agreed upon by the Parties. Three Hundred Thousand Dollars is the guaranteed 4 (6ululeal 6uladS Ilegase8 : z9bz) jpd 1VNId uol}eollddv luea9 z60z :;uewyoe}4y zit base with consideration not to exceed Five Hundred Thousand Dollars a ($500,000.00) plus applicable state sales tax, based on improvements agreed upon in the final Development Agreement and the availability of finance to make such improvement. Such payments shall be made to the County no later than June 1 of each year during the Term and any Renewal Term. 4. OPERATING MAINTENANCE. (A) Throughout the Term and any Renewal Term, and except as otherwise expressly provided herein, the County shall, at its sole expense, provide all cleaning, repair and operational maintenance services for the Leased Premises in conformity with high quality industry standards, including the playing and practice fields located thereon at no expense to the Club. For purposes of this Lease, cleaning, repair and operational maintenance services shall mean those ordinary cleaning, maintenance and repair services necessary to keep the Premises in first-class good and working condition and are ordinary and recurring expenses for current repair and maintenance that do not improve an asset or add to its useful life, including, without limitation, painting, waterproofing and any expenditures that would otherwise be treated as capital in accordance with generally acceptable accounting principles but become necessary (a) as a result of the County's failure to conduct appropriate operational maintenance services pursuant to this Section 12(A), or (b)to maintain the Leased Premises in good working order. (B) The Leased Premises shall be maintained by the County pursuant to the terms of this Lease and in accordance with the highest level of practiced professional baseball standards. The maintenance of the athletic fields located at the Leased Premises shall include, without limitation, fertilization, weed and vegetation control, and pest control and shall be done after normal game and Club practice hours to ensure minimum interruption with Club activities. 5. CAPITAL IMPROVEMENTS. (A) The County and the Club shall establish an account ("Capital Improvements Fund") for mutually agreed upon capital improvement projects to benefit the Leased Premises. No later than January 1 of each calendar year during the Term and any Renewal Term,the County and the Club shall contribute funds to the Capital Improvements Fund to include any County naming rights funds from the Club in accordance with the schedule of contributions to the Capital Improvements Fund to be determined in conjunction with the Spring Training Development Agreement and added to this Lease. (B) The County shall be financially responsible for and undertake capital improvements to the Leased Premises in accordance with the terms herein 5 (6ululeJ j Bupds liegeseg : Z9p ) Ipd 1VNEd uol;eollddy;uea0 Z I.OZ :;uauay�e;;y 062 � N "r G!; and in conformity with highest quality Major League Baseball industry standards. For purposes of this Lease, capital improvements shall mean those improvements that restore an asset or add to its useful life, or relate to assets having a useful life of more than twelve (12) months, in accordance with generally accepted accounting principles but shall expressly exclude capital expenditures to concession and novelty equipment, portable concession units, and equipment owned solely by the Club. (C) The Club shall provide to the County annually by January 1 a list of those capital improvements reasonably anticipated to be needed in the following fiscal year (October 1 to September 30.) The County shall provide the Club an estimate of the cost of the capital improvements on such list no later than February 15th of the applicable year. The Club shall have thirty (30) days to review the estimates and submit a final list of reasonable capital improvements for the following fiscal year to the County. The County shall complete all items on the final list submitted by the Club to the extent the costs of such items are payable from the Capital Improvements Fund. In the event that the actual cost of capital improvements agreed upon by the Parties for the then current year exceeds the total amount contributed to the Capital Improvements Fund by the Parties, the Parties shalt negotiate in good faith to agree upon any additional contributions to the Capital Improvements Fund to be paid by the Club and the County. The County shall annually, by January 1 of each year during the Term and all Renewal Terms,provide to the Club a written accounting and description of any and all capital improvements made to the Leased Premises and allocate the costs and expenses between direct County expenditures and those expenditures of the Capital Improvements Fund. The Capital Improvements Fund shall be reconciled in the same report. (D) In addition to the County's contributions to the Capital Improvements Fund, and as the primary inducement for the Club to enter into this Lease, the County hereby agrees to (i) negotiate, execute and deliver to the Club a mutually agreed upon Spring Training Development Agreement on or before February 1, 2013, and (ii) complete the entirety of the improvement and expansion project described in the Spring Training Development Agreement, that will be developed by the Parties on or before February 1, 2014, but in any event not later than February 1, 2015 (the "County Capital Improvements"). The County Capital Improvements shall be completed in their entirety, in conformity with the Spring Training Development Agreement, no later than February 1, 2015. Except as may be specifically provided otherwise herein, and with respect to the State of Florida Development Funds, all costs and expenses related to the County Capital Improvements shall be the sole responsibility of the County and shall not be deducted from nor otherwise credited against the Capital 6 (6u!uleil BupdS Ilegeseg : Z9pZ) 113d 1VNLJ uol;eollddy ZI.O :Wawyoend N Q• N Q. a) Improvements Fund. The Club has, by way of clarification and without limitation, such rights of participation, inspection and approval with respect to the County Capital Improvements as set forth in the Spring Training Development Agreement, and such rights are incorporated by reference herein. The Parties agree that they will work diligently together in good faith to complete construction and delivery to the Club of the County Capital Improvements for its beneficial use and occupancy. 6. USE. (A) During the Term and any Renewal Term, the Club shall be entitled to peacefully have and enjoy the exclusive use of the Leased Premises during Spring Training without unreasonable interruption or interference by the County or any person claiming by, through and under the County, except to the extent that concurrent rights to use the Leased Premises may be exercised or granted to others by the County hereunder in accordance with the provisions of this Section 6. At any time throughout the Term and any Renewal Term, during Spring Training, the Club use shall be exclusive and the County may not use the Leased Premises for any purpose. Outside of Spring Training, the County has the right to use, or permit third parties to use the Leased Premises for any event so long as (a) such use would not interfere with the Club's Exclusive Baseball Activities, and/or (b) such use would not materially impair the condition of a playing field on the Leased Premises such that the field condition would no longer meet professional baseball standards, and/or (c) such use would not interfere with the Club's Exclusive Use Areas. In any case, the County shall notify the Club of any such use and the Club shall have the right to object to any such use if the Club determines that (i) such use would interfere with the Club's Exclusive Baseball Activities, and/or(ii) such use would materially impair the condition of a playing field on the Leased Premises such that the field condition would no longer meet professional baseball standards, and/or (iii) such use would interfere with the Club's Exclusive Use Areas. (B) The County may use any of the facilities in the Leased Premises for the following public purposes subject to and in accordance with the provisions of this Lease: (i)the exhibition, presentation and broadcasting (or other transmission) of other amateur or professional sporting events, (ii) exhibitions and tournaments, (iii) musical performances, (iv)theater performances and other forms of live entertainment, (v) public ceremonies, (vi) fairs, markets, fireworks displays, shows, or other public or private exhibitions and activities related thereto, and (vii) pre-scheduled meetings and other similar activities in the conference area(s), training center, and auditorium. 7 (Bu!uleal 6upds flegase8 : Z9tl) jpd '1VNl1 uolleollddd lueio Z6oz :luewgoel;y Q N a.' d 7. OPERATIONS. The Parties hereby agree that the exclusive use of the Leased Premises by the Club during Spring Training includes operational jurisdiction over the various service providers, subcontractors, and other persons or entities who may be involved or working at the Leased Premises, but shall not include operational jurisdiction over any County employees unless expressly agreed by the Parties. Accordingly, the Club shall manage the agreed upon operations for the Spring Training games, including ticket sales and distribution of tickets. The Club shall endeavor in good faith to cooperate with other parties using the Leased Premises, including the County, when managing personnel on the Leased Premises during Spring Training or otherwise in accordance with this Lease. 8. ASSIGNMENT/SUBLEASE. The rights granted to the Club pursuant to this Lease shall not be assigned, except with the prior written consent of the County; provided, however, that any assignment or transfer pursuant to the sale of all or substantially all of the assets and/or ownership interest of the Club shall not require County's consent hereunder. The Club shall have the right of first refusal to sublease the Leased Premises to a professional baseball Minor League program as previously provided herein, provided such sublessee consents in writing to be bound by the provisions of this Lease. The County shall have the right to approve such sublessee and sublease agreement, provided that such approval shall not be unreasonably withheld. 9. TAXES. The County represents and warrants that (1) as of the date hereof, it has and shall continue to have throughout the Term and any Renewal Term, all ownership interests in the leased property, (2) as such, has the full authority to grant the Club the rights provided hereunder, and (3)this Lease has been entered into for the public purpose of promoting tourism, gainful employment and economic growth in the County and the State of Florida. It is the intent and understanding of the Parties that the leasehold interest held by the Club pursuant to this Lease shall be exempt from ad valorem taxation pursuant to Chapter 196.199, Florida Statutes. If, for any reason during the Term and any Renewal Term, all or any portion of its the leasehold interest or other rights or benefits held by the Club under this Lease becomes subject to ad valorem taxation, such tax shall be paid by the County as provided by law. 10. INSURANCE. (A) Each Party shall maintain insurance with a company or companies reasonably acceptable to the other, which company or companies shall have at least an A- Best rating. Each Party agrees to maintain insurance policies as follows: (I) Workers' compensation insurance in an amount not less than is required by Florida law; (2) Commercial general liability insurance, including property damage with a limit of$1,000,000, or such other amount as the Parties may 8 (6ululeal 6uOJdS Ilegases : Z9pz) 1pd 1VNIJ uogeoilddb;ueJJ zi.oZ :wewgoeny d a o_ determine is reasonably prudent based upon any changes in a circumstances. 11. DISPUTES. The Parties agree to attempt to settle by mediation any dispute or controversy that may arise between the Club and the County regarding operation, maintenance and the rights or duties hereunder of either Party, as hereafter provided, and the mediator will determine the controversy in accordance with the laws of the State of Florida as applied to the facts as found. Notwithstanding the foregoing, any controversy arising between the Parties with respect to a Party's exercise of termination rights, any monetary sums due and owing including, but not limited to, Lease payments and other monetary liabilities shall not be mediated and each Party shall have available to it all other remedies available at law or in equity. (A) In any case hereunder in which it shall become necessary to resort to mediation, such mediation by the Parties shall be conducted as provided for in this Section 11. (B) The Party desiring mediation shall give written notice thereof to the other Party, specifying in such notice, the specific question or questions to be mediated. (C) Within fifteen (15) days after service of such notice each Party shall provide the other with the names of at least three (3) persons to act as a mediator in the matter. The mediator will be selected by the Parties within fifteen (15) days following the exchange of names by mutual agreement. The mediator shall meet with the Parties at all participants' convenience and mediate the matter. If unsuccessful, the Parties may then utilize all lawfully available means to resolve the issue. 12. SUSPENSION OF PLAY. If for any reason beyond the control of the Parties, including without limitation, as a result of any act of nature or force majeure, national emergency, state of war, or because of a labor strike, lock-out, or other cause of similar nature, the Leased Premises are unavailable for Spring Training in any of the years covered under the terms of this Lease, this Lease shall be regarded as suspended for the period of unavailability without liability to either Party, and the Term or any Renewal Term, shall be extended for one (1) additional calendar year so long as the period of unavailability is no more than one (I) Spring Training period during the Term or any Renewal Term. If the Leased Premises shall be unavailable for more than one (1) Spring Training period during the Term or any Renewal Term, the Club shall have the right to terminate this Lease without any further liability owed by the Club to the County. However, to the extent that State law requires repayment of any expended or unexpended State of Florida Development Funds, then the Club shall be required, and remain financially liable and responsible for repayment of such funds, subject to provisions of Section 13 hereof. 9 (Bulule�l BuhdS iiegase8 : Z91' ) Ipd 1VNIJ uol;eollddd lue.i0 ZI.OZ Wauwyon}y N •13. STATE OF FLORIDA DEVELOPMENT FUNDS. The legislature of the State of Florida has authorized state sales tax distributions to certain units of local government for funding of professional sports franchise facilities located within the State of Florida. It is the intention of the County to submit an application on or before July 6, 2012 to the Florida Department of Economic Development for funding assistance for the improvements that will be described in the Spring Training Development Agreement. In connection with this application and as a condition of any award of funding under Florida Statutes Section 288.11621(2)(a)(2), the Club must agree to reimburse the State of Florida for the funds expended by the County for the costs of the improvements to the Leased Premises that the County received from the State of Florida if the Club relocates before the Term of this Lease expires, accordingly the Club hereby covenants and agrees with the County that it will reimburse the State of Florida for the State Development Funds expended by the County for the improvements to the Leased Premises that the County has received from the State of Florida and expended in connection with the Leased Premises in accordance with the Spring Training Development Agreement, if the Club relocates to another facility and such relocation is not a consequence of the Club's exercise of its termination rights herein. 14. CONDITIONS PRECEDENT FOR THE PARTIES. The terms of this Lease are expressly conditioned based upon the following: (A) For the County: (1) The award by the State of Florida of State Development Funds pursuant to Section 288.11621, Florida Statutes on or before December 1,2012; (2) The County prudently obtaining sufficient financing for the mutually agreed upon contemplated capital improvements included within the Spring Training Development Agreement through a pledge of the State Development Funds, the Lease payments as provided in Section 3 hereof, and the County's tourist development tax revenues consistent with the authorizations and restrictions under State law and County ordinances; (3) The mutual agreement of the Club and the County, evidenced by execution and delivery on or before February 1, 2013, of the Spring Training Development Agreement for the County Capital Improvements as defined in Section 5, herein; and (4) The amendment and restatement of this Lease to the mutual consent and agreement of the County and the Club on or before February 1, 2013. 10 (Bululeal 6uudS iiegeseg : Z9t ) Ipd 1VN11 uol}eollddy}ueJO Z60Zco .;uauayoe b Q ' � ,rr df: Y'( (B) For the Club: a (1) The County properly and timely applies for the award by the State of Florida to the County of the State Development Funds pursuant to Section 288.11621,Florida Statutes on or before July 6, 2012; (2) The award by the State of Florida to the County of the State Development Funds pursuant to Section 288.11621, Florida Statutes on or before December 1, 2012; (3) The mutual agreement of the Club and the County evidenced by the execution and delivery on or before February 1, 2013, the Spring Training Development Agreement for the County Capital Improvements as defined in Section 5, herein; (4) As determined in the sole discretion of the Club, the County's exercise of best efforts to obtain financing for the Capital Improvements Project, or the County's timely, prompt and reasonable engagement of services of an architecture firm and construction manager for the Project; and (5) The amendment and restatement of this Lease to the mutual consent and agreement of the County and the Club on or before February 1, 2013. 15. TERMINATION RIGHTS. (A) Either Party shall have the right to terminate this Lease for its convenience upon providing written notice to the non-terminating Party: (1) For the County: The non-receipt or non-satisfaction of, or the necessary consent to, one or any combination of the conditions precedent as listed in Section 14(A) above. (2) For the Club: The non-receipt or non-satisfaction of, or the necessary consent to, any one or any combination of the conditions precedent listed in Section 14(B), above. (B) Upon a termination of this Lease by either Party as set out in this Section 15, this Lease shall have no force or effect and neither Party shall have any financial liability to the other under this Lease; provided, however, the Amended Agreement shall remain in full force and effect, and shall be the operative Agreement between the Parties from and after 11 (Bululeal Bu ladS ilegesee : ZgpZ) jpd 7VNIA uogeollddd;ueao Z60Z :;uawyoe;;y 4t. N th a: d the date of such termination through its Term, and any Renewal Terms as may be elected by the Club. L 16. GENERAL PROVISIONS. This Lease shall be governed by, construed and enforced in accordance with the laws of the State of Florida, with venue lying in Lee County. (A) The covenants, terms, conditions, provisions and undertakings in this Lease, or in any renewals thereof, shall extend to and be binding upon the heirs, personal representatives, executors, administrators, successors and assigns of the respective Parties hereto as if they were in every case named and expressed and wherever reference is made to either of the Parties hereto shall be held to include and apply also to the heirs, personal representatives, executors, administrators, successors and assigns of such Party as if in each and every case so expressed. (B) The Parties agree to execute and deliver any instruments in writing, which are necessary to carry out any agreement, term, condition or assurance in this Lease, whenever the occasion shall arise and request for such instrument shall be made. (C) The specified remedies to which the Parties may resort under the terms of this Lease are cumulative and not intended to be exclusive of any other remedies or means of redress to which the Parties may be lawfully entitled in case of any breach or threatened breach of any provision or provisions �-• of this Lease. (D) Each of the Parties represents and warrants that as of the date hereof and throughout the Term and any Renewal Term (i) it has all requisite authority to enter into this Lease and to perform its obligations hereunder, (ii) that the execution and delivery of this Lease and the performance of its obligations hereunder have been duly authorized by all necessary action on the part of such Party, and (iii) upon due execution and delivery by such part, constitutes a legal, valid and binding obligation of the part, enforceable against such Party in accordance with its terms. (E) If any term or other provision of this Lease is found to be invalid, illegal or incapable of being enforced by any rule of law or public policy by a court of competent jurisdiction, all other terms and provisions of this Lease shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any Party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced,the Parties hereto shall negotiate in good faith to modify this Lease so as to effect the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions 12 �-. (6u!u!ea1 Bu!adS liegese8 : Z9PZ) IPd 1VNLI uoileo!Iddy lueio uoz :luawyoelly M c • Qr N` oc contemplated hereby are consummated as originally contemplated to the a greatest extent possible. (F) At and upon the commencement of the Term (as defined in this Lease), this Lease shall govern the relationship of the Parties with respect to the Leased Premises and the subject matter of this Lease and the Amended Agreement shall govern the Parties rights, duties and obligations until the commencement of the Term, subject to the provisions set forth in Section 1(A) hereof; provided, however, that the Capital Improvements Fund shall survive the termination of this Lease for the benefit of the Club and the County, respectively. (G) For any legal actions to be taken by either Party under this Conditional Stadium Lease Agreement, venue shall be in Lee County,Florida. (H) This Lease and any exhibits attached hereto contain the entire agreement and understanding between the Parties from and after the first day of the Term (as defined in this Lease), and is a complete and exclusive statement of the terms thereof; provided, however, that (i) any exhibit to this Lease that is intended or required by the Spring Training Development Agreement to be amended to conform with the Parties mutual agreement as reflected in the Spring Training Development Agreement shall be amended and restated upon execution and delivery of the Spring Training Development Agreement, and shall become an integral and essential exhibit, as amended, to this Lease, and (ii)the Original Agreement and the Amended Agreement shall be valid for the time periods prior to the first day of the Term as specified in this Lease; and with respect to the Amended Agreement, such time period as specified in the Amended Agreement herein upon a termination by either: the County as described in Section 15(A)(1) or the Club as described in Section 15(A)(2). Except with respect to the Original Agreement and the Amended Agreement, after the first day of the Term as defined in this Lease, this Lease shall supercede all prior oral and written understandings or agreements, terms or conditions relating to the Leased Premises, including the Public Facility Use Agreement by and between Lee County and the Club, dated December 18, 1991, and neither Party has relied on any representation, express or implied, not contained in this Lease or the simultaneous or prior writings heretofore. Any amendment of modification of this Lease may not be changed or supplemented orally, but shall be in writing and signed by the Parties. (1) If this Lease is not earlier terminated pursuant to the provisions of Section 15 hereof, parties covenant and agree to amend and restate this Lease to the mutual satisfaction of each Party on or before February 1, 2013. —• 13 en (BuiuieJl Bu1JdS Ilegeseg : Z9j ) bpd 1VN1I uoge3!IddV lueJD Z60Z :luetugoelly m a (J) Any capitalized words or phrases used herein that are not defined in this Lease shall have the meaning ascribed to such words or phrases in the ` Amended Agreement, which meanings are incorporated by reference to this Lease. 17. RADON GAS. As required by Section 404.056, Florida Statutes, notice is hereby given that Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. 18. NOTICES. Any notice required to be given hereunder shall be in writing and shall be deemed received (i) upon actual receipt if sent by overnight delivery by a nationally recognized courier or by U.S. Postal Services Express Mail, postage prepaid, (ii) five (5) days after deposit if sent by U.S. certified mail, return receipt requested, or(iii) upon actual confirmed receipt if sent by facsimile copy: For notices to the Club: Dave St. Peter President Minnesota Twins, LLC Target Field 1 Twins Way Minneapolis, Minnesota 55403 With a copy to: Michael J. Grimes Briggs and Morgan, P.A. 2200 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402-2157 For notices to the County: Lee County Manager Post Office Box 398 Fort Myers, Florida 33902-0398 Director of Lee County Parks and Recreation Post Office Box 398 Fort Myers, Florida 33902-0398 14 (6ululeal 6uhdS ilegase8 : Z9ipZ) bpd 1VNIA uogeollddd;ue.ic Z60Z :;uewyoe d CL Q N r a7 W' d With a copy to: co eL Lee County Attorney Post Office Box 398 Fort Myers, Florida 33902-0398 In addition to the formal notices required by this Lease, the Club shall coordinate in good faith its activities hereunder with the County through the County's Director of Parks and Recreation, or such other person as the County Manager may designate from time to time. Pursuant to the notice provision above, it is hereby agreed that the said Director or other designee is authorized to represent the County with respect to all matters covered by this Lease. In similar fashion, the Club shall designate one person who shall be authorized to represent the Club in such matters. In the absence of the Club making a specific designation to the contrary, this person shall be the person named above by the Club to receive all notices. [SIGNATURE PAGE FOLLOWS] 15 M (Bu!u!eJj 6uuds liegeses : Z9tpZ) Ipd 1YNld uogeoHddd;ue.10 ZI.OZ :;uewyoew — m Q 4 raa CO IN WITNESS WHEREOF, the Parties hereto have executed this Lease on the 19th day 14--"N of June, 2012. ATTEST: CHARLIE GREEN, CLERK OF COURT BOARD OF COUNTY COMMISSIONERS ^„fix 1, OFLEF (COUNTY,FLORIDA f' `,, k By `� .l,;tt,° . ..� t1&// By / 7 --. ;,'__ L--; Dep> ty Clerk Chairman 1 ° /1 t i.r j J a \PPROVED AS TO FORM By ir / , /41 • ?Lt./AL,. C.unty Attorney WITNESSES: MINNESOTA TWINS,LLC ,, Target Field ,,.-g. 1 Twins Way r' Z.�'y ----I M's,-... is Minnesota 55403 By ole, , 1.-7k, ,--, sident [SIGNATURE PAGE TO CONDITIONAL STADIUM LEASE AGREEMENT] 16 (Bululeal Buuds Ilegese8 : Z9t7 ) IPd 1YNII uoge3llddy;uea0 Z60Z :;uewy3e;;y r N EL CD EXHIBIT A a STADIUM LAND AREA SITE LOCATION OF LEE COUNTY BASEBALL FACILITY DESCRIPTION PARCEL IN NE-%, SECTION 30, T. 45 S. , R. 25 E. LEE COUNTY, FLORIDA A tract or parcel lying in the northeast quarter (NE-%) of Section 30, Township 45 South, Range 25 East, Lee County. Florida which tract or parcel is described as follows: From the southwest corner of the northeast quarter (NE%) of said Section 30 run N 01" 10' 06" W along the west line of said northeast quarter (NE-%) for 621.20 feet to the Point of Beginning. From said Point of Beginning continue N 01° 10' 06" W along said west line for 1921.55 feet; thence run N 88° 55' 40" E parallel with the south line of said fraction for 2184.47 feet to an intersection with the curved northwesterly line of Six Mile Cypress Parkway as described in Official Record Book 1119 at Page 835; thence run southwesterly along said northwesterly line along the arc of a curve to the right of radius 5604.58 feet (chord bearing S 23° 42' 17" W) (chord 2116.37 feet) (delta 21° 45' 59") for 2129.15 feet; thence run S 88° 55' 40" W for 1294.31 feet to the Point of Beginning. Containing 80.00 acres more or less. Bearings hereinabove mentioned are Plane Coordinate for the Florida West Zone derived from the Florida Department of Transportation centerline survey for Six Mile Cypress Parkway. A-1 (6ululeal BuladS Ilegases : Z9PZ) Jpd IVNII uogeollddV;ueip ZI.OZ .;uawyoe y co N EXHIBIT B a USE AGREEMENT Minnesota Twins & Lee County Sports Complex Private Use By Club—Year Round A. William H. Hammond Stadium 1. Largest Storage Room in Major League Clubhouse 2. Training Room in Major League Clubhouse (including Storage Room, Doctor's Office and Trainer's Office, Whirlpool Area) 3. 3rd Floor Office Level Subsequent to agreement with Minor League affiliate,Twins vacate this area from approximately April 5 (after Spring Training) through approximately February 1,to allow Minor League club to use administrative offices). 4. Concessions Stands and Novelty Store Subsequent to operating agreement with Minor League affiliate, Miracle Baseball currently runs all concessions for Twins. B. Minor League Clubhouse— I. All Areas inside the Clubhouse Building 2. Storage Room adjacent to Batting Tunnels C. Minor League Office All Areas inside the office building (Reception Area, 4 offices, conference room, & storage room) -� D. Weight Training Room 3,600 sf main training room,plus office& storage room E. Meeting& Conference Center 1. Three storage rooms on west wall 2. Main Kitchen Area II. Private Use By Club—Spring Training Only (Approximately January 15 through April 15) A. Stadium 1. Major League Clubhouse Main Locker Room, all offices, storage rooms and Shower Area\ 2. Visitors Clubhouse Locker Room, Manager's Office,Training Room & Shower Area 3. Umpires Room 4. 4th Floor Media Level Including Offices, Radio & Television Broadcast Booths, Main Press Area, Public Address Booth, All skybox suites and storage areas. 5. Press Dining Room B. Meeting& Conference Center 1,800 sf Meeting Room C. Ticket Office (Starting on or around January 1 of each year) III. Other B-1 (Bululeal Builds liegeses : Z9Pz) 4pd 1b'Nid uol;e3liddV}ueJO Z6oz :;uawyoe4v Q co � ' NI a..' A. Florida Instructional League Club shall have the option to use the Major League Clubhouse in the a Stadium, and areas described in II. (A) (1) above during the Instructional League (approximately September 15 —October 31). Or, Club may elect to use Minor League Clubhouse facilities for this program. B. Fantasy Camps The Club shall have the option to use the Major League Clubhouse in the Stadium or the Minor League Clubhouse. B-2 6ululei6upd ease d uoRe3l dd uei uew ze 1 S II q 8 Z9tiZ) Ip ��dNi� I d J Z60Z �Idin M i co Q N; a. EXHIBIT C � SPRING TRAINING DEVELOPMENT AGREEMENT [TO BE ATTACHED TO THIS LEASE UPON EXECUTION AND DELIVERY OF THE SPRING TRAINING DEVELOPMENT AGREEMENT BY THE PARTIES] C-1 (6uiuieal Builds Ilegese8 : Z9pZ) dpd 1VNIJ uoile3!Iddb lue.i0 Z60Z :luauayoellb ctoo CD ATTACHMENT 1 LEE COUNTY FINANCIAL COMMITMENT TO MATCH STATE FUNDS Pursuant to the requirements of Section 288.11621(2)(a)3, Florida Statutes, Lee County hereby commits to providing 50 percent or more of funds required by an agreement for the acquisition, construction, or renovation of the facility for the spring training franchise that is the subject of this Conditional Lease Agreement. This commitment is contingent upon an award of the State Development Funds and all other conditions precedent in this Conditional Lease Agreement. ATT-1-1 11.A.3 I- Attachment B .2 cc cc toN t0 a 0. t6 0 N C1 f4 Packet Pg.267 11.A.3 /'1 AMENDED AND RESTATED STADIUM LEASE AGREEMENT aa BETWEEN LEE COUNTY AND 2 a� N MINNESOTA TWINS 0° fDN Q LL II. DATE: August 3 x 2004 C7 N 0 N O c -,710 Alla 8-3-04.. 1611924v10 Packet Pg.268 11.A.3 LE OF CONTENTS 1, TERM.Y,.....,,,,.,.r.r%are«% .....a.«..............a%. ..i,.... ,..........,.. . ......6,.r.+,.6666.% ....«,%.«%.«.....rY.a.YY..%%. 1 2. LEASED PREMISES 4..4.4 .4 a.a..,.....a.. .%.....a a....a..4....,• .4....6,.. w., w,..,.4.. .....%%,.. ,.4.%...3 3, PARKING SALE .....%.........4.........«..%.Y4.,Y%%44 4.....r46......Y ..., ._.i... ...,.,.,Y............. ..«......,...... 4. 1}'�y'y' �,'I(i�,!l4`..��k./T�y� fryer.. « ..... 4.4%. .41•4 Y ., ...a.......a Ya a... 5 6,!. i✓ONC ESSI V S.......,«...n.........«4...t•4.44.4.Y....•............. .Y.,.%.%..4444....4.....}%«...a.... .....%....a .Y...% 5 6. MESSAGE CENTER/BILLBOARD ADVERTISING AND MARQUEE CONSTRUCTION AND ADVERTISING................... .4%........................ .........• 7 7. NAMING RIGI3TS.. ..,.,.......w..........................6,%,66 66.%6,.... .a,.«.%«Y«,..ai.«.,i ...%%Y4, ...,46,.44 88. LEASE PAY ENTS.............r..Ys.Y.Y4......44.., ....:..•..,........... w ...64.66.%... ......«,Ys. .. 9. FANTASY CAMPS ..a.....».r%%,%.«.%..««.%.«.a.«....Y«.Y%4.............«%...i..4% ..%%.....%%.Y4%,%4YY4.%..,......,,.Y%.8 10. BROADCASTING.....,........................ow,......................,.• +.,.,..................a,... ,.........4 4....,..a 9 11. GAMES PLAYEI} i..4..44%4..iY..a.i44...4.....Y.........4..64%..i.6.,.%...%Yx......... i...w.....a•••00.........>'9 12. OPERATING MAINTENANCE AND CAPITAL IMPROVEMENTS ...................9 CO 13. E+QtJII'TIENT.....a....,,,...................... ...46, ..........,a 13 ..+....«w..............+.....,..,.......« 6466..%4.,.«i. N QD 14. TOURIST PROMOTION ..... .................*woo................................14 N 15. SERVICES AND PERSONNEL......4................6,6,,%. ,....««..............«.,.a..«....4.....,...........16 16. VIOLATION OF LAWS.. .6.4..4... .6,,.,.4.16 17. CLUB ALTERATIONS. ........................................................... 17 LL 18. UTILITIES.. ...................r ,r..,..... ... .........Y•......... ................,....,...4Y._ . .,., ,_,,...17 0 19. USE 4•..•-....Y%6,4....#.Y..........%..4* h«Y.......4..4646+4 .i 44.11.0.160•4.6•4.00441 604.0040.16".044.6.18 V 24). OI'EItA GN 'a.....a................%...%a,««•.+«..i..,•,. .«O•11 V•41.1141,04.1.1.• It 1•••••••• 40.4...a......%..«....1 ! 21. .................... .19ASSIGNMENT/SUBLEASE............ .l.a..ww..,,.....19 to 0 22. T ASS%.4.44.%..4.4.....%.%4Y. 4...4.%....,.Y.,..,%%.......4.«.......................6.....W...%%..4....419 cs, 23. HOLD HA.RIVIJ,ESS/TNS3It.NCE...,«....6,..a....,.«. «. 20 N 24. DISPUTES 944440...4.%..4...6,....................04., ..,+6666.•+, ,.......44...6 . .x......6, ,....,6,..a..+21 Qf 25. SUSPENSION OF PLA' '............... 0.44644.44.iY.4,44..21 w.....rt.4 44.,4%44,.4Y.4ia%%,%4x4.%..s6,%%.x.4..4. ..Aix 26. PROMOTION....• .......... ........i.%6.,.....a...,x.......,.4.......i,a.66.....%....4.,4.%..%4.i.,,r,..«..x..4.21 27. N0TICES.......r.. ..............i........,.......«.4..«..4...W.i »64,6 .6........Y...4..6.4..........6..422 28. PERMITS,r..xr..rt..................., .,..,......,..%.....,4.....% ...........%..i.a..4...«.........4..%...........%.%......6.23 29. TERMINATION..,,rr... .r,r«Y..,i4...., ,%.....%.4ii..%. r.. ....,....66,.6.....23 30, FIRE OR OTHER CASUALTY'... ..6,...r„,.,.a..........Y44.4..4..,....,,.44,. ...,.........a.,.,25 31. GENERAL PROVISIONS,,..«,..a.«..+......«,..«........... . ...,elk......a..a....«,.,. ......«....,,.6..,26 32. .4....rr....,.,.+,...,.6,,,.,.a.............Y....«...«..««a,a........28 1611924v10 1 Packet Pg.269 11.A.3 ./ N AMENDED AND RESTATED STADIUM LEASE AGREEMENT THIS AMENDED AND RESTATED STADIUM LEASE AGREEMENT (this "Lease), is made and entered into on this 3rd day of August 2004 by and between LEE COUNTY, a political subdivision and charter county of the State of Florida, (the 'County"),and MINNESOTA TWINS, a Minnesota general partnership(the "Club"). RECITALS "Ess) WHEREAS,the Club and the Count entered into that certain agreement dated May 25, •- c 198'9, for the lease of the Lee County Sports Complex, a Major League Baseball Spring Training (defined below) and minor league baseball facility in Lee County, Florida ("Agreement"), for a period of twenty (20) years commencing with the calendar year 1991,inclusive:and .E. Cl) WHEREAS. the Club and the County have continuously operated under the Agreement C6 from its date of commencement to the date hereof: and cf WHERE.AS. the Lee County Sports Complex has served the public purpose of promoting tourism, gainful employment and economic growth within Lee County. Florida and the State of Florida: and .4- WHEREAS. the Club and the County desire to amend and restate the Agreement for the 0. purposes of, among other things. (1)reflecting the partiescurrent course of business dealings. and (ii) to establish the ongoing relationship between the Club and the County for an extended a-. lease term;and 0 WHEREAS, the County has the authority to enter into this Amendment as provided by Chapter 125,Florida Statutes, 0_ AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and promises herein contained, THE PARTIES HERETO AGREE AS FOLLOWS: •1- 1, TERM, Pursuant to the Agreement the Club has, beginning with the 1991 Major League Baseball Spring Training season, engaged in Major League Baseball Spring Training exclusively at the Lee County Sports Complex at and in the Leased Premises. This Lease amends and restates the prior Agreement and shall commence at the Zt"' beginning of the Clues 2004 Spring Training season, and continue without interruption (except as may be provided herein) for a period of seventeen (17) years and conclude with the completion of the Club's 2020 Spring Training season (the'Term"). This Lease may be extended at the option of the Club for two separate, but consecutive, periods of five (5) years each (each, a "Renewal Term"), in order to exercise (1)the first five (5) year Renewal Term, the Club must provide written notice to the County of such option exercise on or before January 1, 2020, and (ii)the second five (5) year Renewal Term. the Club (A) must have exercised the first five (5) year Renewal Term, and (B) must provide written notice to the County of such option exercise on or before January 1. 161192%10 Packet Pg.270 11.A.3 2025. During the years 2010 and 2015 and, if the first five (5) year Renewal Term is exercised by the Club during the year 2020, the parties agree to meet and renegotiate the revenue, expenditure and rental provisions hereof in order to adjust for any inequities in the financial terms of this Lease in order that such provisions, if modified, will be effective for, as applicable, the last ten (10) and/or five (5) years of the Term. and if the first andior second five (5) year extension option(s) are exercised, for the last five (5) or ten (10) years, as applicable, of the Renewal Term(s).respectively. (A) The Club agrees that in the event the parties do not renew this Lease beyond the Term or any Renewal Term, it will use its reasonable commercial efforts to assist .c_ the County in finding a suitable substitute tenant. The Club will notify the County on or prior to January 1, 2020 if it does not desire to use the facility for T. the first Renewal Term. (B) For the purpose of this Lease. the term "Spring Training" shall mean the training period during winter and early spring of any year during which the Club prepares for the next following Major League Baseball season, and shall he deemed to . include time reasonably required for (1) the preparation of the Leased Premises (as defined below),(ii)planning for the start of Spring Training. (iii)additional minor League player training between the end of Major League Baseball Spring Training and the commencement of the minor league season. and (iv) a period for the Cs1 "winding down" of Spring Training activities by the Club. it is anticipated by the parties that the foregoing time frame will be from approximately January 15 to c. approximately April 15 of each calendar year during the Term and any Renewal Term. (C) The Club shall also have the right of first refusal to use the Leased Premises for all minor league play(beyond that contemplated hereby) exercisable upon six (6) months prior written notice to the County. Any minor league use (outside of the permissible uses by the Club hereunder) between April 15 and December 31 of any calendar year shall be covered by a separate agreement made between the parties, which agreement shall include substantially the same basic leans and conditions as set forth herein. The parties shall endeavor in good faith using commercially reasonable efforts to maintain a recognized minor league franchise for the Leased Premises. In the event that (i)the Club does not at any time, during the Term or any Renewal Term maintain a recognized minor league franchise for the Leased Premises, and (ii)the County intends to enter into an agreement with any third party for the use of all or any portion of the Leased Premises for such a minor league franchise, the County shall notify the Club in a writing which specifies in reasonable detail the terms and conditions upon which the County intends to provide the Leased Premises to such third party no later than eighteen (18) months prior to the intended effective date of such agreement, then the Club shall have six (6) months from the date of such notice from the County to elect to bring a minor league franchise affiliated with the Club to the Leased Premises. No later than the expiration of such six-month period, the Club shall notify the County in writing of either (x)its consent to the use of the Leased Premises by such third party, or (y)its exercise of the right of first refusal pursuant to this Section 1(C)of this Lease. Notwithstanding anything to the contrary contained in 1611924vlo 2 Packet Pg. 271 11.A.3 this Lease, in no event may the County permit the use of the Leased Premises by a third party minor league franchise under this Section 1(C) either (i) in any manner that interferes with the exclusive rights granted to the Club under this Lease, or (ii)on any term or condition more favorable to such third party than is provided to the Club under this Lease, unless such term or condition is provided by the County to the Club. (D) Notwithstanding any contrary terms or conditions set forth in this Lease, the County shall not enter into any transaction or agreement, and shall not participate directly or indirectly in any transaction or agreement, or explicitly or implicitly -63 consent with respect to any transaction or agreement. which contemplates as a party or as a direct or indirect beneficiary any minor league team that is during the Term or any Renewal Term either: (i) a minor league contractual affiliate of the Club, or (ii) a minor league team with exclusive minor league territorial rights within Lee. County, which includes the Lee County Sports Complex, to play minor league baseball in any capacity to the exclusion of any other minor league baseball team,unless either: co (x) the Club has a replacement minor league team that is authorized under applicable league rules to play within the minor league territory that CD includes Lee.Lee County Sports Complex for the Term and any Renewal Term cNi when and after the transaction, agreement or consent is proposed to be =6" entered into or given, respectively, or (v) the minor league team with whom the County is to contract, Or On or for whose behalf a contract will be entered into which allows the minor league team to play in any Lee County facility, waives (and obtains any consent .7713 or waiver required of or by any league or other authority required) any right of exclusivity within the minor league territory that includes the Lee Count Sports Sports Complex for the remainder of the Term and any Renewal Term. (T3 (E) The County agrees that if it at any time during the Term or any Renewal Term, it grants (including, without limitation, any grant by the County's knowing C•1 acquiescence in a third party's exercise of rights not expressly granted to it to any third party any terms or conditions more favorable to such third party than the terms or conditions provided to the Club under this Lease. or under any agreement -(3 with any affiliate of the Club. for the use of the Leased Premises or any stadium or complex for Major League Baseball Spring Training or minor league operations ("More Favorable Provisions"), the County shall promptly offer the Club andfor its affiliate(s) any such More Favorable Provisions as was. is, or will he available to such third party. 2, LEASED PREMISES. in consideration of and pursuant to the covenants, agreements. and conditions set forth herein, the County does hereby lease, let, demise, and rent unto the Club, and the Club does hereby rent and lease from the County, the following (the "Leased Premisesor the "Premises"): 1611924v10 3 Packet Pg. 272 11.A.3 (A) The major league stadium and the minor league complex located at the Lee County Sports Complex. 14100 Six Mile Cypress Parkway, Ft. Myers. Florida, together with adjacent land and all other improvements from time to time located on the Premises and all appurtenances relating to any of the same (respectively. the "Major League Stadium" and the "Minor League Complex" and collectively, the "Stadium Complex"). that are more particularly described and set forth in Exhibit A attached hereto; (13) The right to utilize on an exclusive basis for Spring Training purposes. all improvements located on the Premises for the period of time each year as described above; (C) Throughout the Term and any Renewal Term, the right to use the Leased Premises for its events and activities, player training and rehabilitation programs, player development activities, instructional League and organizational meetings, events and activities, and all other similar events related to the operations of Club or its affiliates professional baseball activities, (the 'Club's Exclusive Baseball Activities"); (13 co •• (D) The exclusive right to use, on a year-round basis throughout the Term and any Renewal Term, the offices, clubhouse area and other locations (the "Club's Exclusive Use Areas") as depicted on Exhibit 13 attached hereto and including any other areas on the Leased Premises that may be constructed or renovated following the date hereof which may be designated by the Club as included in the a Club's Exclusive Use Areas, but in each case subject to the written approval of the Er_ County, which approval shall not be unreasonably withheld. delayed or conditioned; (B) During the Tenn and any Renewal Term, and for so long as same has not been terminated by reason of a Club Default (as defined below), the Club may conduct professional baseball activities by itself and in conjunction with organizations other than Club including, without limitation, activities for Spring Training and minor league operations. The Club shall not be required to share the Leased Premises, for any reason, with any third party unless provided in this Lease or in a separate written amendment to this Lease; and (F) Uninterrupted access to and egress from the Leased Premises and any other improvements from time to time located on the Leased Premises including, without limitation, access to and egress from all areas owned, licensed or otherwise controlled by the County that are reasonably necessary for the Club to exercise its rights and perform its obligations under this Lease_ 3. TICKET SALES, The Club shall set the Spring Training ticket prices, shall manage all ticketing operations, including ticket sales, and shall be entitled to receive the Gross Revenues From Ticket Sales collected by the Club on an annual basis during the Term or any Renewal Term. All Gross Revenues From Ticket Sales shall be the sole and exclusive property of the Club, unless otherwise specified herein. 161192410 4 Packet Pg. 273 (A) For purposes of this Lease, "Gross Revenues From Ticket Sales" shall mean the total grass revenues from ticket sales less any taxes or charges imposed by any governmental,regulatory or taxing authority generally, included in the gross price of the ticket paid by the purchaser and required to be remitted by the Club as the portion of such receipts payable to the visiting team and to the governmental, regulatory or taxing authority. (B) In consideration of the benefits provided herein, the Club shall provide the County, at no charge, with an aggregate of eighty (80) (forty (40) of which shall be for suite use and the other forty(40) shall be reserved ticket seating)admission -61 tickets(or such other lower number for any game as are actually requested by the County) for each Spring Training game to be used by the County for purposes of "E promoting tourism. 4. PARKING. The Club shall be responsible for collecting all parking fees and related to revenues derived from Spring Training activities and all other professional baseball or related events, and shall retain all revenues derived therefrom. The County shall retain the exclusive use of the parking area,without charge, before and after Spring Training for county baseball and non-baseball events. rn 5. CONCESSIONS. The Club or its designee shall control the sale of all foods, beverages, merchandise, novelties, and logo items mentioned below and the like (commonly called "Concessions") on the Premises. The Club shall be free to contract with a third party to —J operate such Concessions on terms and conditions approved by the Club in its sole discretion so long as the Club causes such third party to conduct such Concessions 7. operations in accordance with applicable County ordinances and regulations, 0 (A) The Club agrees to consult periodically with the County concerning Concession prices. The Gross Revenues From Concessions shall be the sole and excherive property of of the Club. "Gross Revenues From Concessions" shall mean total Concessions revenues from all operations on the Leased Premises, including, but not limited to Spring Training operations. less all taxes and charges imposed by any governmental. regulatory, or taxing authority and subject to Sections 5(D) and 5(E) below. Cs1 (13) The Club, or its designee, may, during the Term and any Renewal Term. publish and sell or dispense scorecards, yearbooks and novelty items carrying the logo or marks of the Club or of any other Major League Baseball team on the Premises, Zt" all of which shall be deemed to fall within the definition of "Concessions," and the revenues derived from the sale of such publications, logo items, scorecards and yearbooks, shall be included in the calculation of Gross Revenues From Concessions. (C) The Club, or its designee. shall he responsible for paying all costs and expenses of Concessions operations. As the concessionaire, the Club or its designee shall operate the Concessions in a manner consistent with industry standards, including providing a sufficient number of properly trained Concession personnel to provide the Concessions to those attending all events held at the Leased Premises. In 1611024vio 5 Packet Pg. 274 11.A.3 addition, the Club agrees to provide (or cause to be provided) a reasonable selection of quality items for purchase by those attending Spring Training events at the Leased Premises. (ID) The County shall notify the Club of any non-Club events for which it desires that the Club provide Concessions operations no less than fifteen (15) business days prior to the date of such event. The Club may provide such operations for any event requested by the County, but shall not be obligated to provide such operations. Should the Club elect not to provide such Concessions operations, the County shall be free to contract with a third party to provide such Concessions operations, subject to the final approval of the Club, which approval shall not be unreasonably withheld or delayed (but which may include reasonable terms and .F1 conditions F- for the use of any equipment owned by the Club or its designee). ta) Subject to Section 5(E) below, the County shall be entitled to retain the following amounts in respect of Concessions operations for any non-Club events; (1)all revenues from Concessions operated by an approved third party pursuant to this Section 5(D) (subject to any reasonable terms and conditions, including financial responsibility of the County for any damages incurred, of the Club approval), and (2) the net revenue available to the Club after deduction of any and all costs and CV expenses associated with such Concessions operations for the applicable event, CD C,1 including,without limitation,any commissions or allowances paid to a third party concessionaire. The County shall indemnify the Club for any damage or other It) costs incurred by the Club in connection with the County's operation of the Concessions. (E) Notwithstanding the foregoing, the County reserves the right to sell or allow third 0 parties to sell novelty items only at County sponsored or authorized events at the Leased Premises or at events other than Spring Training or non-professional baseball uses held on the Leased Premises, The County or third parties may not sell novelty items that carry the Club logo or marks or the logo or marks of any other major league or minor league Club. The County or its designee shall retain all revenues from the sale of novelties in accordance with this Section 5(E). CV CV (F) The Club or its designee shall purchase and maintain all equipment reasonably necessary for the operation and sale of Concessions for Spring Training, events held at the Leased Premises during the Term and any Renewal Term. Concession equipment and all other equipment acquired by the Club (or its designee) shall be the property of the Club (or its designee) both during and after the Term and any Renewal Term. The County acknowledges and agrees that all Concessions equipment on the Leased Premises as of the date hereof belongs to the Club or its designee. (G) The Club shall maintain standards of cleanliness and product quality consistent with high quality industry standards at a Major League Baseball Spring Training facility. The Club shall consult annually with the County as to these issues and as to pricing issues and shall give due consideration to the views of the County regarding these issues. isitmaato 6 Packet Pg. 275 11.A.3 6. MESSAGE CENTER/BILLBOARD ADVERTISING AND MAROUEE CONSTRUCTION AND ADVERTISING. (A) Message Center and Billboard Advertising. (I) All gross revenues derived from the scoreboard message center advertising during any of the events or activities sponsored by the Club or its designee at the Leased Premises, and all gross revenues derived from the sale of annual billboard or fixed signage (i.e. outfield fence and other advertising signage at the Leased Premises) shall be the property of the Club or its designee. The Club shall have the exclusive right to sell c advertising in connection with the foregoing. ea (2) The County shall have the right to sell message center advertising during non-professional baseball uses or related events to the extent such events Lal are held or sponsored by the County. All gross revenues derived from the sale of message center advertising in accordance with this Section 6(A)(2) shall be the sole and exclusive property of the County. In no event may the County sell any message center advertising to an entity if the sale of such advertising would cause the Club to breach any exclusivity granted to a naming rights, presenting or other sponsor pursuant to Section 7 below, unless the Club has expressly approved such advertising in writing. (3) The Club and the County each shall be responsible for the payment of -J costs and expenses related to the production and maintenance of advertising signage to the extent such party receives the revenues therefrom. (4) The County shall use all reasonable, lawful and permissible efforts to assist the Club in obtaining and maintaining any and all permits or licenses required under the laws or regulations of any governmental authority and necessary for the scoreboard message center and billboard or fixed signage 0 advertising. The County shall also not act unreasonably to withhold its CD approval of any such permits or licenses required under its laws or regulations. a) (5) Should the Major League Scoreboard need replacing, the County and the Club agree to share in the costs of replacement. (B) Messarre Marquee Construction,Advertising and Gross Revenues. (1) The Club may construct at its expense (except as described in Section 12(B)(5)) at any time prior to the Club's Spring Training arrival in the year 2006 a year-round outdoor message marquee (the "Message Marquee") for the Stadium Complex that will conform, to the height, width, depth and other descriptive specifications set forth in and described in Exhibit 1) to this Lease. The Message Marquee, if constructed, will be permanently placed at the entrance to the Stadium Complex located at 1611924v10 7 Packet Pg. 276 11.A.3 14100 Six Mile Cypress Parkway at an exact location mutually agreeable to the County and the Club, (2) All gross revenues derived from Message Marquee advertising shall be the property of the Club. (3) The County shall have the right to utilize the LED signage on the Message Marquee for events or activities sponsored by the County. The County will not sell advertising on or for production on the Message Marquee. IF-5) (4) The County shall be responsible for the payment of costs and expenses related to the maintenance of the Message Marquee. (5) The Club, with the good faith cooperation and assistance of the County. shall obtain and maintain any and all permits or licenses required under the laws and regulations of any governmental authority necessary to construct the Message Marquee. After construction, the County shall obtain and maintain any and all such permits or licenses. Any approvals required to be provided to the Club by the County shall not be co unreasonably withheld.delayed or conditioned. • CD •t:r CNI 7. NAMING RIGHTS. The County agrees that it shall not sell or otherwise assign naming andlor presenting sponsorship tights to all or any portion of the Stadium Complex -15 without the participation and approval of the Club. 8. LEASE PAYMENTS. As consideration for this Lease and as rent due to the County for r-r- c the lease of the Leased Premises to the Club,the Club use of same,the Club agrees to pay to the County a guaranteed annual Lease payment for each year during the Term and any Renewal Term, and commencing in 2004 in the amount of Three Hundred Thousand Dollars. ($300,000.00), plus applicable state sales tax. Such payment shall be made to the County no later than June 1 of each year during the Term, commencing with the June L. •a' 2004 payment and concluding with the June I. 2020 payment, and any year during any Renewal Term, 9. FANTASY CAMPS. In the event the Club or its designee or assignee shall hold or conduct any fantasy camp at the facility at any time during the Term or any Renewal Term, the Club shall pay no additional costs to the County for the use of the facility for such fantasy camp. (A) The parties agree that the Club and its designees and assigns shall be entitled to use the facility for up to three (3) weeks a year for fantasy camps pursuant to Section 9 above, The County reserves the right to conduct fantasy camps in the Major League Stadium when not occupied by the Club with reasonable prior notice given to the Club. which notice shall not be less than thirty (30) days. In no way shall the County promote (or permit others to promote) such fantasy camps as being affiliated with or sanctioned by the Club, nor shall the County conduct such fantasy camps at any time during which it would interfere with the Club rights to use the Leased Premises in accordance with this Lease. 1611924v10 8 Packet Pg. 277 11.A.3 10. BROADCASTING. The County shall equip the Major League Stadium for broadcast. cablecast and/or televising of any games played by the Club and shall maintain the equipment necessary therefor. The Club shall retain any and all broadcasting and television (cable and over-the-air) rights for any games played by the Club or its minor league teams at the Stadium Complex, The Club and its affiliates and agents shall not be charced any uhook-up'' fees or similar charge for major and/or minor league baseball events. The County shall have the right to charge reasonable hook-up fees and other similar charges to visiting teams for major andior minor league baseball events. 11. GAMES PLAYED. The Club will play each and every one of its regularly scheduled Spring Training home games exclusively at the Major League Stadium. Such exclusivity 'E shall not include any exhibition games scheduled to be played by the Club during or following the conclusion of the Florida-based Spring Training schedule, and prior to the immediate ensuine Major League Baseball championship seasonor any game approved by the Office of the Commissioner of Baseball to be played at a location approved by cr) Major League Baseball. The Club shall endeavor in good faith to schedule no less than two (2) night games during Spring Training each year during the Term and any Renewal Term. oo 12. OPERATING MAINTENANCE AND CAPITAL IN'IPROVEMENTS. (NI ur.) (A) OPERATING MAINTENANCE. -J (1) Throughout the Term and any Renewal Term, and except as otherwise expressly provided herein. the County shall, at its sole expense, provide all rz cleaning, repair and operational maintenance services for the Leased Premises in conformity with high quality industry standards, including the playing and practice fields located thereon at no expense to the Club. For purposes of this Lease, cleaning, repair and operational maintenance ft services shall mean those ordinary cleaning, maintenance and repair services necessary to keep the Premises in first-class good and working condition and are ordinary and recurring expenses for current repair and 0 as, maintenance that do not improve an asset or add to its useful life, including, without limitation, painting, waterproofing and any expenditures that would otherwise be treated as capital in accordance with (13 generalk acceptable accounting principles but become necessary (a) as a result of the County's failure to conduct appropriate operational maintenance services pursuant to this Section 12(A), or (h) to maintain the Leased Premises in good working order. (2) The Leased Premises shall be maintained by the County pursuant to the terms of this Lease and in accordance with the highest level of practiced professional baseball standards. The maintenance of the athletic fields located at tire Leased Premises shall include, without limitation, fertilization, weed and vegetation control, and pest control and shall be done after normal game and Club practice hours to ensure minimum interruption with Club activities. 1611924v10 9 Packet Pg. 278 11.A.3 (3) The Club shall be responsible for providing janitorial services for the Clubs Exclusive Use Areas. The County and the Club shall share the cost of janitorial services for the Conference Room (as defined below) based on usage of the Conference Room; provided, however, the Club shall be solely responsible for Conference Room janitorial services during Spring Training. (4) In connection with any operations at the Leased Premises, the Club shall have the richt to cause the County to use products and/or services of its corporate sponsors if such products and/or services are reasonably comparable in price and quality to other alternatives available to the •- c County; provided, however,. the County shall not be obligated to purchase *E such products and/or services if it would require the County to be in ts) violation of any pre-existing written agreement with any third party or applicable law, including the County's obligations with respect to 8. cn competitive bidding. co a) (11) CAPITAL IMPROVEMENTS, tts ra ) The County and the Club have, pursuant to the Agreement. established an C•1 to account (the "Capital Improvements Fund") for mutually agreed upon .4. capital improvement projects to benefit the Leased Premises. On the date of this Lease, the Capital Improvements Fund balance is approximately $40.000. The Capital Improvements Fund established pursuant to the Agreement shall be transferred intact for continuation and use in rz connection with this Lease. No later than January 1 of each calendar year during the Term and any Renewal Term. the County shall contribute to the Capital Improvements Fund an amount equal to the amount contributed by the Club as of such date in respect of each such calendar year. In no event !- shall the Club contribute less than twenty-thousand dollars ($20,000.00) sE. for any calendar year during the Term and any Renewal Term; provided. however, in the event the principle balance of the Capital Improvement Fund (including interest thereon) equals or exceeds two hundred fifty thousand dollars ($250,000), neither the Club nor the County shall be c.1 required to make any contribution to the Capital Improvement Fund in accordance with this Section 12(B)(I) until the principle balance of the Capital Improvement Fund falls below$250,000, (2) The County shall be financially responsible for and undertake capital improvements to the Leased Premises in accordance with the terms herein and in conformity with highest quality Major League Baseball industry standards. For purposes of this Lease. capital improvements shah mean those improvements that restore an asset or add to its useful life, or relate to assets having a useful life of more than twelve (12) months, in accordance with generally accepted accounting principles but shall expressly exclude capital expenditures to Concession and novelty equipment, portable Concession units, and equipment owned solely by the Club. 161192410 10 Packet Pg. 279 11.A.3 a•-•a, (3) The Club shall provide to the County annually by January 1 a list of those capital improvements reasonably anticipated to be needed in the following fiscal year (October 1 to September 30.) The County shall provide the Club an estimate of the cost of the capital improvements on such list no later than February 15th of the applicable year. The Club shall have thirty (30) days to review the estimates and submit a final list of reasonable capital improvements for the following fiscal year to the County. The County shall complete all items on the final list submitted by the Club to the extent the costs of such items are payable from the Capital Improvements Fund. In the event that the actual cast of capital improvements agreed upon by the parties for the then current year exceeds •- c the total amount contributed to the Capital Improvements Fund by the parties. the parties shall negotiate in good faith to agree upon any additional contributions to the Capital Improvements Fund to be paid by 'E. the Club and the County. The County shall annually.by January I of each year during the Term and all Renewal Terms,provide to the Club a written accounting and description of any and all capital improvements made to the Leased Premises and allocate the costs and expenses between direct ca County expenditures and those expenditures of the Capital Improvements Fund. The Capital Improvements Fund shall be reconciled in the same (e, report. (4) The Club and the County hereby acknowledge that maintaining a baseball stadium suitable as the site for a Major League Baseball Spring Training z program comparable to other currently constructed Major League Baseball stadiums used for Spring Training programs is of material importance to the County. the Club and Major League Baseball. Based on the foregoing, the Club and the County shall meet on a periodic basis, in no case not less than once in any two (2) year period during the Term, and once at the beginning of each Renewal Temn with respect to and review the design, specifications. quality and other attributes of the Stadium Complex in comparison to all Major League. Baseball spring training stadiums constructed or renovated within the immediately preceding two (2) to five (5) year period,with emphasis on the latest Major League Baseball Spring Training stadium construction. The Club shall propose, based on such design, specification, attribute and quality review, "up-to-date" improvements for the Stadium Complex., those improvements necessary for the Stadium Complex to be brought up to current Mor League Baseball Spring Training stadium standards (the "MLB Stadium Standards"), The MLB Stadium Standards will be reviewed, adopted and constructed on and within the Stadium Complex only in the event that either (i)at least fifty percent (50%) of all Major League Baseball spring training stadiums contain the improvements, or (ii) such improvements have been approved or constructed by the County in any other spring training facility to which the County is an owner or lessor. The "—a requirement to meet such improvements shall be limited to the space available viability of construction in and on the existing Stadium 1611924v10 11 Packet Pg. 280 11.A.3 Complex, with due regard for commercial reasonableness, including the availability of parking facilities. Under no circumstances shall the County be required to build a new spring training stadium to meet such improvement standards unless a new spring training stadium has been approved or constructed by or on behalf of the County for another Major League Baseball or comparable baseball team. The Club and the County will meet at least once each year during the Term to discuss in good faith new NILB Stadium Standards. Any such improvements to the Stadium Complex mutually agreed upon shall be added as an amendment to this Lease as an exhibit hereto. The maintenance account may be used for such improvements and renovations to the Stadium Complex, .- c Notwithstanding the foregoing, all additional costs and expenses of such improvements and renovations to the Stadium Complex shall be the responsibility of the County. Any improvements and renovations to the .E. Stadium Complex shall be completed, if feasible, by the beginning of the next Spring Training baseball season following the year of such review co and discussion of the Stadium Complex's improvement and renovation, C5 (5) In addition to the County's contributions to the Capital Improvements Fund and as inducement for the Club to enter into this Lease, the County hereby agrees to complete the projects described in Section 6 below (the "County Capital Improvements"). The County Capital Improvements shall be completed in conformity with high quality industry standards and no later than the first day of the Club's 2005 Spring Training. All costs and expenses related to the County Capital Improvements shall be the sole responsibility of the County and shall not be deducted from nor otherwise 0 credited against the Capital Improvements Fund. To the extent that the County Capital Improvement shall principally benefit (x)the Club's Exclusive Baseball Activities, andior (v) a Club's Exclusive Use Area, the Club shall have final approval over the design and specifications of each such capital improvement, which approval shall not be unreasonably withheld. The design and specification of any other capital improvements shall be mutually agreed upon by the parties. <7. 4.; In the event that the final and verified costs of construction incurred by the County for the County Capital Improvements described in Section 12(B)(5) are less than the approved County budget for the County Capital Improvements, any such savings (the "Capital Improvements Savings") will be paid to the Club to defray the construction cost of the Message Marquee described in Section 6(B). In the event the Club has not elected to construct and constructed the Message Marquee within one County budget cycle after completion of the construction and accounting for the County Capital Improvements, the County shall no longer be obligated to allocate the Capital Improvements Savings toward the Message Marquee. 1611924v10 12 Packet Pg. 281 11.A.3 Concessions and novelty equipment. In addition, the County shall be responsible throughout the Term and any Renewal Term for the cost of replacing any equipment not in good and working order. 14. TOURIST PROMOTION. The County and the Club agree to develop an ongoing promotional partnership for the purpose of promoting Spring Training games and ticket sales thereof, and promoting other tourism opportunities in the County. (A) Club Broadcasts. "c7) (I) Twins Television: (i) Drop-Ins - During every Club Spring Training telecast or cablecast, the Club will provide the County with two 15-second announcer-read drop-ins (including graphics)promoting tourism in the County. (ii) Guest Appearance-During every Club Spring Training telecast or ti) cablecast, the Club will provide the County with the opportunity co for a County tourism representative to visit the booth for an in- •• game interview for a period of at least one-half inning for the cc Tr purposes of promoting the County's tourism effort. (2) Twins Radio: ='0" e- (i) Dror-Ins-During ever). Club Spring Training radio broadcast, the Club will provide two 15-second announcer-read drop-ins promoting tourism in the County. ra (u) Guest .A. pearance - During at least six (6) Club Spring Training radio broadcasts. the Club will provide the opportunity for a County tourism representative to visit the booth for an in-game interview for a period of at least one-half inning for the purposes of promoting the County's tourism effort. (B) The Club will provide the County with the following Hubert H. Humphrey .LJ Metrodome or any successor stadium (the INietrodome") advertising and promotional opportunities during the Club's regular season play: (1) Club Publications: One (1) full-page. four-color ad in all issues of Twins Magazine. (ii) One (1) full-page, four-color ad in the Twins Yearbook. (2) Club Scoreboard: (i) The opportunity to run one 30-second commercial spot promoting tourism in the County on the Metrodome color video board prior to every Club home game. 1611924v10 14 Packet Pg. 283 11.A.3 (ii) Regular messages promoting County tourism on the Metroclome's black and white message board during every Club home game. (3) Hospitality: (i) The County is entitled to one (1) VIP event in conjunction with a Club home game at the Metrodome, which shall include use of a private suite, game tickets and food and beverage service for up to sixteen(16) guests. (4) TwinsFest: •- c (i) The Club shall offer the County the opportunity to have a • promotional location at the Club's annual off-season fan festival/ticket sales event at the Metrodome during the Term and any Renewal Term, but only in the event the Club elects to hold such event. (5) Direct.Mail: U) co (i) Participation by the County in regular mailings to the Club's ticket CN4 holders (season, group, single-game,corporate). The mailings will be conducted at no cost to the County: however, the County will provide the appropriate brochures, fliers,etc. 0. (() Lee County Day: (i) One (I) "Lee County Day" promotional day to be held in conjunction with one home game at the Major League Stadium 0 during Club Spring Training. Lee County will he the 'featured" .f4 partner for that game and receive exposure and pre-game promotion in the local market consistent with 'standard" one-day sponsorship packages. The County is responsible for costs of any giveaway items. Csl (C) The Club shall provide the County with the following Major League Stadium cc, Spring Training-related advertising and promotional opportunities during each (.1 year of the Term: (1) Youth Clinics, The Club will annually conduct, at no charge to the County or the paxticipants,not fewer than four(4) youth baseball clinics in the County prior to the Spring Training period. The Club will provide the instructors and necessary equipment for the clinics. The clinics will be promoted as jointly presented by the Club and the Lee County Parks and Recreation Department. The Club retains the right to sponsorships for all clinics. (D) The County shall use reasonable efforts to promote the presence of the Club baseball operations by all reasonable methods incidental to regular. tourist promotional activities conducted by the County. 1611924y10 15 Packet Pg.284 11.A.3 15. SERVICES AND PERSONNEL. (A) The Club or its designee shall hire and be responsible and pay for Concessions. ticketing, advertising and other personnel necessary to service patrons attending: (i) the Major League Baseball Spring Training games,(ii) Club baseball activities. and (iii) Club related events presented at the Stadium Complex. Such personnel shall include, but are not limited to, ushers, ticket takers. Concessions workers. first aid attendantsand other related personnel. The Club personnel shall be responsible for maintaining their respective work areas in a neat and orderly fashion. (B) The County shall provide adequate fire protection staff for the Leased Premises, 'FE (C) The Club shall provide security within the Major League Stadium for any Club related activities held therein. The Club may hire off-duty members of the Lee County Sheriffs Department to provide such security services and shall pay such off-duty members the prevailing rate established by said police departmentsin addition, at all times during Spring Training, the Club shall be responsible for providing security personnel to staff the Club's Exclusive Use Areas. The hiring •• of such security staff members shall be at the sole discretion of the ClubN. Tr (D) lie County shall continue to provide a sufficient number of members of the Lee Its County Sheriffs Department for traffic control and assistance with ingress and egress to and from the Stadium Complex for all Major League Baseball Spring -J Training games. The County will be responsible for all costs and expenses for 17: such traffic control services. i(. VIOLATION OF LAWS. (A) Except as provided in Section 22 below. the Club shall pay all lawful taxes. assessments. licenses and charges on its operations, and on goods, merchandise, fixtures. appliances. equipment and property owned solely by the Club and located on or about the Leased Premises (the "Club A.ssets"). Should anyN improvements to the Club Assets made by the Club become subject to taxes. the Club agrees to pay any and all lawful taxes, assessments or charges which at an time may be levied by any federal, state, county, city or any tax or assessment ft' levying body (i) against the Club (ii) upon the Leased Premises, ) upon any interest in this Lease or any possessory right which the Club may have in or to the Leased Premises, or (iv) in the improvements thereon by reason of the Club use or occupancy thereof (but expressly excluding capital improvements made by the County pursuant to Section 12 herein). The County agrees that to the extent permitted by law, it will not support the levy of any new form of tax against Club operations hereunder. Notwithstanding the foregoing provisions, the Club shall have the right, in its own name or behalf or in the name and behalfof the County, after notifying the County of its intention to do so, to contest in good faith by all appropriate proceedings. the amount applicability, or validity of any such tax or assessment. This provision shall in no way he construed as restricting the County 1611424v10 16 Packet Pg. 285 11.A.3 from contesting the legality of such tax or assessment or assisting the Club therein if it so desires. (B) The Club shall not in any manner, directly or indirectly, violate the laws, ordinances, rules or regulations of any federal, state, county, city or other governmental authority or agency in connection with the use and occupancy of the Leased Premises under the terms of this Lease. 17. CLUB ALTERATIONS. (A) The Club shall not make any permanent alterations or permanent additions to the physical structure of the Leased Premises without first requesting and obtaining written approval from the County, which approval shall not be unreasonably withheld. The Club shall repair or cause to be repaired, any damage to the structures, water apparatus, electric lights, or any fixtures, appliances, furniture, lockers or other appurtenances of said Premises, which damages result from any gross negligence or willful misconduct of any of the Club, its assigns. agents or employees, and shall payor cause to be paid to the County, the costs of any reasonable and necessary repairs; reak.....j.&d.„ however, that, damage by the natural ea elements or ordinary wear and tear shall in no event be the responsibility of the Club. (B) Upon the termination of this Lease. the Club shall return to the County all equipment and personal property of the County in the exclusive possession of the Club, its assigns, agents or employees. Al! such equipment and property shall be in good condition. subject to ordinary wear and tear damage by the natural elements or damage caused by parties other than the Club, its agents. assigns or employees. (C) Immediately prior to and following Spring Training during each year of the Term and any Renewal Term, the County and the Club shall jointly perform an inspection of the Leased Premises that shall include an inventory of all equipment and personal properly of the County and the Club thereon. The Club shall promptly pay to the County any monies owed for damage to the Leased Premises or County property thereon that was discovered as a result of such inspections,but •L a) tartly to the extent such damage was caused by the Club or its assigns. agents or - employees. The County shall promptly pay to the Club any monies owed for damage to the Club property on the Leased Premises that was discovered as a result of such inspections. Any damage not caused by the Club shall be promptly repaired by the County. IS. UTILITIES. Except as otherwise provided herein. the County shall be responsible for the cost of all utilities in respect of the Leased Premises, including but not limited to. electricity, water. sewage, trash removal and telephone. Notwithstanding the foregoing. the Club shall reimburse the County for electrical costs incur-led to provide field lighting for any evening games played by the Club at the Major League Stadium during the Term and any Renewal Term, and shall be responsible for electricity charges related to the 1611924v10 17 Packet Pg. 286 11.A.3 Club's Exclusive Use Areas. The County will provide separate electrical meters for all such locations. 19. USE. (A) During the Term and any Renewal Term, the Club shall be entitled to peacefully have and enjoy the exclusive use of the Stadium Complex during Spring Traininz without unreasonable interruption or interference by the County or any person claiming by, through and under the County, except to the extent that concurrent rights to use the Leased Premises may be exercised or granted to others by the County hereunder in accordance with the provisions of this Section 19. At any •- = time throughout the Term and any Renewal Term, during Spring Training, the Club use shall be exclusive and the County may not use the Leased Premises for any purpose. Outside of Spring Training, the County has the right to use, or permit third parties to use the Leased Premises for any event so long as (a) such use would not interfere with the Club's Exclusive Baseball Activities. and/or (b) such use would not materially impair the condition of a playing field on the Leased Premises such that the field condition would no longer meet professional baseball standards, and/or tc) such use would not interfere with the Club's Exclusive Use Areas. In any case, the County shall notify the Club of any such use and the Club shall have the right to object to any such use if the Club CNI determine that (a) such use would interfere with the Club's Exclusive Baseball Activities. and/or (b) such use would materially impair the condition of a playing field on the Leased Premises such that the field condition would no longer meet professional baseball standards, andlor (c) such use would interfere with the Club's Exclusive Use Areas. 0 .r; (B) The Club shall advise the County of its intended Spring Training schedule as soon as practicable each year following the confirmation of such schedule to enable the ft County to schedule events on the Leased Premises but only in accordance with the terms of this Section 18. No later than December 15 of any year during the Term and any Renewal Term, and subject to additional changes required by c..5 Cs4 Major League Baseball, the Club shall furnish the County with its final Spring Training exhibition game schedule and any extended use requirements, if any, for C•1 the upcoming year. In the event the Club has an existing minor league baseball 'eT) learn and/or exercises the right of first refusal for minor league baseball in accordance with Section 1(C) hereof. the Club shall provide the County with such CTS Minor League game schedule no later that February 1 of any applicable year Z't during the Term and any Renewal Term. (C) The County may use the Leased Premises for the following public purposes subject to and in accordance with the provisions of this Lease: (i)the exhibition. presentation and broadcasting (or other transmission) of other amateur or professional sporting events, (ii) exhibitions and tournaments. (iii)musical performances, (iv)theater performances and other forms of live entertainment. (v)public ceremonies, (vi) fairs, markets, fireworks displays, shows, or other public or private exhibitions and activities related thereto, and (vii) pre-scheduled meetings in the Conference and Training Center. 1611924v10 18 Packet Pg. 287 11.A.3 The County shall be solely responsible for all costs and expenses resulting from the use of the Leased Premises for any non-Club related events, including without limitation, the cost of utilities, staffing. and any costs required to repair any damage occurring during such events. The County shall retain all revenue derived from such non-Club use of the Leased Premises except as provided in Section 5 with respect to Concessions and novelty operations. (D) In no event shall the County use any Club property or equipment without the express written consent of the Club. The County shall promptly repair or replace any damaged property or equipment owned by the Club or its concessionaire if such damage resulted from the County's use or any other third party's use of the .c Leased Premises to the extent such third party use was authorized or permitted by the County or resulted from the County's negligence. (E) The Club may not use the Leased Premises for any events or activities other than events or activities related to its professional baseball operations. associated with Spring Training events or activities, including entertainment therefore. the Club's Exclusive Baseball Activities, or as otherwise reasonably contemplated under this to Lease without the prior written consent of the County, which consent shall not he unreasonably withheld or delayed. C•1 20. OPERATIONS. The parties hereby agree that the exclusive use of the Leased Premises by the Club during Spring Training includes operational jurisdiction over the various c_ service providers, subcontractors. and other persons or entities who may be involved or -J working at the Leased Premises, but shall not include operational jurisdiction over any County employees unless expressly agreed by the parties. Accordingly, the Club shall manage the agreed upon operations for the Spring Training games, including ticket sales and distribution of tickets. The Club shall endeavor in good faith to cooperate with other parties using the Leased Premises, including the County, when managing personnel on ft the Leased Premises during Spring Training or otherwise in accordance with this Lease. k- 21. ASSIGNMENT/SUBLEASE. The rights granted to the Club pursuant to this Lease 0 shall not be assigned, except with the prior written consent of the County: provided. however, that any assignment or transfer pursuant to the sale of all or substantially all of the assets and/or ownership interest of the Club shall not require County's consent hereunder. The Club shall have the right of first refusal to sublease the Leased Premises to a professional baseball minor league program as previously provided herein, provided such sublessee consents in writing to be bound by the provisions of this Lease. The County shall have the right to approve such sublessee and sublease agreement provided that such approval shall not be unreasonably withheld. 22. TAXES. The County represents and warrants that (I)as of the date hereof, it has and shall continue to have throughout the Term and any Renewal Term, all ownership interests in the leased property. (2) as such, has the full authority to grant the Club the rights provided hereunder, and (3)this Lease has been entered into for the public purpose of promoting tourism, gainful employment and economic growth in the County and the State of Florida. it is the intent and understanding of the parties that the leasehold interest held by the Club pursuant to this Lease shall be exempt from ad valorem taxation 1611924st° 19 Packet Pg. 288 11.A.3 pursuant to Chapter 196.199.Florida Statutes. If, for any reason during the Term and any Renewal Term, all or any portion of its the leasehold interest or other rights or benefits held by the Club under this Lease becomes subject to ad valorem taxation, such tax shall be paid by the County as provided by law. 23. HOLD HARMLESS/INSURANCE, (A) Subject to the limitations as set out in Florida Statutes §768.28 and §252.51, the County shall indemnify, defend, and hold harmless the Club and the members, partners, officers, employees, affiliates, representatives and agents of the Club (the "Club indemnified Parties"), from and against any and all claims, actions, damages, liability, costs and expenses. including reasonable attorneys' fees and court costs, arising out of the use, maintenance or operation of the Leased Premises by the County or any of its desigiees, lessees, agents, employees, or contractors, or arising out of the actions, omissions to act, or negligence of the . co County or any third party using the Leased Premises with permission from or the approval of the County in accordance with its rights hereunder, or the County's breach of any representation, warranty or agreement with the Club including, but not limited to. bodily injury, death andior property damage or any other lawful co •• expense. The County agrees to defend all actions to which such indemnity applies and to conduct the defense thereof at the County's sole expense and by the County's counsel, which counsel shall be satisfactory to the Club, but such approval shall not be unreasonably withheld or delayed. The County may not settle any suit. action or claim to which an indemnification obligation applies under this Section 23 without the prior written approval of the Club, which approval shall not be unreasonably withheld. delayed or conditioned. (B) The Club shall indemnify, defend, hold harmless the County from and against any and all claims, actions, damages, liability, costs and expenses, including 7 5 reasonableattorneyattorneys' fees and court costs, arising out of the use of the Leased Premises by the Club or any of its agents, employees, or contractors (the "Club Parties") or arising out of the actions, omissions to act, or negligence of the Club Parties or any third party using the Leased Premises for professional baseball activities or related events with permission from or the approval of the Club in Cs1 accordance with its rights hereunder, or the Club Parties' breach of any t.• a) representation, warrant",' or agreement with the County including. but not limited to. bodily injury,death and/or property damage or any other lawful expense. The Club agrees to defend all actions to which such indemnity applies and to conduct the defense thereof at the Club's sole expense and by the Club counsel. The Club may not settle any suit, action or claim to which an indemnification obligation applies under this Section 23 without the prior written approval of the County, which approval shall not be unreasonably withheld. delayed or conditioned. (C) Each party shall maintain insurance with a company or companies reasonably acceptable to the other, which company or companies shall have at least an A- Best rating. Each party agrees to maintain insurance policies as follows: 1611924v1ii 20 Packet Pg. 289 11.A.3 (1) Workerscompensation insurance in an amount not less than is required by Florida law: (2) Commercial general liability insurance, including property damage with a limit of$1.000,000. 24. DISPUTES. The parties agree to attempt to settle by mediation any controversy that may arise between the Club and the County regarding operation, maintenance and the rights or duties hereunder of either party. as hereafter providedand the mediator will determine the controversy in accordance with the laws of the State of Florida as applied 1:7) to the facts as found. Notwithstanding the foregoing_ any controversy arising between the parties with respect to any monetary sums due and owing including. hut not limited to. Lease payments and other monetary liabilities shall not he mediated and each party er; shall have available to it all other remedies available at law or in equity. •- ca (A) In any case hereunder in which it shall become necessary to resort to mediation, such mediation by the parties shall he conducted as provided for in this a) Section 24. as (B) The party desiring mediation shall give written notice thereof to the other party. C•1 specifying in such notice. the specific question or questions to be mediated. (C) Within fifteen (15) days after service of such notice each party shall provide the =8 ,--,„ other with the names of at least three (3) persons to act as a mediator in the -J matter. The mediator will be selected by the parties within fifteen (15) days following the exchange of names by mutual agreement. The mediator shall meet with the parties at all participants' convenience and mediate the matter. If To" unsuccessful, the parties may then utilize all lawfully available means to resolve the issue. 25- SUSPENSION OF PLAY. If for any reason beyond the control of the parties, including without limitation, as a result of any act of nature or force majeure, national emergency, state of war, or because of a labor strike, lock-out, or other cause of similar nature, the Leased Premises are unavailable for Spring Training in any of the years covered under uc; the terms of this Lease, this Lease shall be regarded as suspended for the period of unavailability without liability to either party, and the Term or any Renewal Term, shall be extended for one (1) additional calendar year so long as the period of unavailability is no more than one 0 ) Sprint Training period during the Term or any Renewal Term. If the Leased Premises shall be unavailable for more than one (1) Spring Training period Za" during the Term or any Renewal Term. the Club shall have the richt to terminate the Lease without any further liability to the County. 26. PROMOTION. The parties hereto expressly recognize and agree that the County is undertaking substantial financial responsibility to induce the Club to continue its use of the Leased Premises for Spring Training. Accordingly, the Club agrees to cooperate in good faith with the County in its effort to promote the development and success of Major League Baseball activities in the Lee County area. The Club shall endeavor in good faith to cause personnel and players to participate in a reasonable number of cooperative 1611924v10 21 Packet Pg. 290 11.A.3 activities involving the promotion and development of professional baseball in the County during Spring Training. 27. NOTICES. Any notice required to be given hereunder shall be in writing and shall be deemed received (i) upon actual receipt if sent by overnight delivery by a nationally recognized courier or by U.S. Postal Services Express Mail, postage prepaid, (ii) five (5) days after deposit if sent by U.S. certified mail, return receipt requested. or (iii) upon actual confirmed receipt if sent by facsimile copy: For notices to the Club: "a• Dave St. Peter President Minnesota Twins Hubert H. Humphrey Metrodome 34 Kirby Puckett Place Minneapolis, MN 55415 LO With a copy to: C•1 Michael J. Grimes tO Briggs and Morgan, P.A. 2200 IDS Center 0. 80 South Eighth Street a•i—e Minneapolis, MN 55402-2157 For notices to the County: Lee County Manager Post Office Box 398 Fort Myers, Florida 33902-0398 Director of Lee County Parks and Recreation Post Office Box 398 CV Fort Myers, Florida 33902-0398 CN1 With a copy to: Lee County Attorney Post Office BOX 398 Fort Myers, Florida 33902-0398 In addition to the formal notices required by this Lease, the Club shall coordinate in good faith its activities hereunder with the County through the County's Director of Parks and Recreation, or such other person as the County Manager may designate from time to time. Pursuant to the notice provision above, it is hereby agreed that the said Director or other designee is authorized to represent the County with respect to all matters covered by this Lease. In similar fashion. the Club shall designate one person who shall be authorized to represent the Club in such matters. In the absence of the Club making a tat 924v o 22 Packet Pg.291 11.A.3 specific designation to the contrary, this person shall be the person named above by the Club to receive all notices. 28. PERMITS. The Club, at its sole expense, shall comply with all laws. orders and regulations of federal, state and county authorities, and with any directions given by any public officer pursuant to law, which shall impose an)- duty upon the Club with respect to the Leased Premises. The County shall provide permits or licenses or take necessary corrective action to ensure the acquisition of any permit directly related to the County's repair, renovation or maintenance of the Leased Premises and compliance with building codes. The Club. at its sole expense, shall obtain all licenses or permits which may be required for the conduct of its business within the terms of this Lease and the County. •- .= when necessary, will join with the Club in applying for all such permits or licenses. To the extent permitted by law, the County will assist and cooperate with the Club in securing permits for the operation of the Leased Premises. The County shall also not act unreasonably to withhold its approval of any such permits or licenses required under its laws or regulations. 29. TERMINATION. (A) The County may terminate this Lease upon thirty (30) days' written notice to the ce Club of any of the following events (collectively hereinafter referred to as the "Club Defaults"): ;FS (1) If the Club deserts or vacates the Leased Premises; (2) If,by order of a competent authority, a receiver, liquidator or trustee of the Club or any of its property shall be appointed and such receiver, liquidator or trustee shall not have been discharged within thirty (30) days of the making of such order, or if by decree of such authority the Club shall be adjudicated or determined to be bankrupt or insolvent, or if the Club shall file a petition in voluntary bankruptcy, shall make an assignment for the benefit of or enter into a composition with its creditors. shall seek to 0 terminate its existence or shall otherwise seek to wind up its affairs: cs, (3) If the Club fails to make any payments to the County pursuant to this ir) Lease within one hundred and twenty (120) days following written notice of such payment default. or 7.) (4) If the Club breaches any material provision, agreement or obligation hereunder that is not cured within sixty(60) days of notice of such breach; provided, however, that if such breach cannot be cured within such sixty (60) day period, but the breach is capable of cure within a reasonable period of time which is acceptable to the County, and the Club diligently pursues such cure,the Club shall be allowed such agreed upon time period to cure such default. (13) Upon the County's election to terminate the Lease following a Club Default: 1611924v10 23 Packet Pg.292 11.A.3 (1) The County shall have the right to reenter or repossess the Leased Premises by force, summary proceedings, surrender or otherwise. and may dispossess and remove the Club, or other occupants thereof, without being liable for any prosecution therefore; provided, however_ that the County shall have no right to the Club Assets and the Club shall have the richt to remove all Club Assets from the Leased Premises. (2) The County shall have the right to relet the Leased Premises. Notwithstanding anything to the contrary contained herein, the County shall take all reasonable actions to mitigate any losses or damages caused by a Club Default. Should the County incur necessary and reasonable •- c expenses in enforcing its rights hereunder, specifically including T:11 reasonable attorneysfees and court costs, said reasonable expenses shall he borne by the Club.. .e. (C) The Club may terminate the Lease upon any of the following events (collectively hereinafter referred to as the "County Defaults"): .0 cn (1) Upon written notice to the County no later than January 31. 2005. of the County's failure to complete all County Capital Improvements specified in Exhibit C. which County Capital Improvements specified in the notice are CNI not completed by February 28, 2005 unless the Club (a) extends such cure period in writing, and Oa) the specified County Capital Improvements are 0. — completed upon the conclusion of such extended cure period. If the County fails to complete such County Capital Improvements within the cure period or any extended cure period that may he granted by the Club, the Club shall be relieved of all liabilities and obligations accruing after the effective date of termination: 0. (2) Upon thirty (301 days' written notice to the County of any breach by the County of any material provision, agreement or obligation hereunder that ta" is not cured within sixty ((i0) days of notice of such breach: provided. however. that if such breach cannot be cured within such sixty ((it)) day c, period, but the breach is capable of cure within a reasonable period of time which is acceptable to the Club, and the County diligently pursues such a) cure, the County shall he allowed such agreed upon time period to cure such default. If the Count:. fails to cure such breach upon the agreed upon time period, the Club shall be relieved of all liabilities and obligations accruing after the effective date of termination. (D) The Club shall have the right at any time and at its sole option. to terminate this Lease and all of its obligations hereunder upon written notice to the County on or before March 31 of any year during the Term and any Renewal Term, and the termination of the Lease shall be deemed effective as of December 31 of that calendar year. In the event of termination pursuant to this provision, the County will accept the following payments from the Club as the County's sole remedy against the Club and any other person or entity relating to such termination of this Lease: 1611924v10 24 Packet Pg. 293 11.A.3 (1) (a) Subject to subparagraph (1)(b) below, one lump-sum payment in the dollar amount equal to the full amount of the Premium(as defined below), which payment shall be due within five (5) business days following the effective date of the termination of the Lease. The "Premium" as used herein shall be based on the effective date of termination indicated as follows: (i)one million dollars ($1,000,000.00) if such termination occurs before December 31. 2010, (ii) nine hundred thousand dollars ($900,000.00) if such termination occurs before December 31. 2011, (iii) eight hundred thousand dollars ($800,000.00) if such termination occurs before December 31, 2012. (iv) seven hundred thousand dollars ($700.000.00) if such termination occurs before December 31. 2013, (v) six hundred thousand dollars ($600,000.00) if such termination occurs before December 31, 2014. (vi) five hundred thousand ($5(0.000.00) if a) such termination occurs before December 31. 2015, (vii) four hundred 0. thousand dollars ($40( ,000.00) if such termination occurs before December 31, 2016, (viii)three hundred thousand dollars ($300,000.00) if co .C2 such termination occurs before December 31. 2017, fix)two hundred so, thousand dollars ($200,000.00) if such termination occurs before December 31, 2018. (x) one hundred thousand dollars ($100.000.00) if such termination occurs before December 31, 2019, and (xi) zero dollars ($0)if such termination occurs after December 31, 2019. (N1 (b) Notwithstanding the foregoing subparagraph (1)(a), if the County does not grant its approval to a proposed assienment of this Lease and rights and obligations of the Club hereunder to an owner or operator of another Major League Baseball club, and the Club then terminates this 5 Lease pursuant to this Section 29(D), the Club shall have no obligation to pay the Premium as and when set forth in subparagraph(1)(a) above. Ta. (2) The parties agree that the amounts specified in this Section 29(D) constitute reasonable and just compensation for the Club's exercise of the termination right provided for herein, and the Club hereby promises to pay (NI to County. and the County hereby agrees to accept_ the appropriate CN payment amount described above as liquidated damages, and not as a penalty, and as its sole and exclusive remedy related to the termination of this Lease by the Club. and the County waives all other rights and remedies in connection therewith. (E) No more than thirty (30) days following the effective date of termination or following the expiration of the Lease, the County shall cause to be paid to the Club one-half(1i2) of the amount remaining in the Capital improvements Fund: provided, however, the County shall have the right to withhold any amounts disputed in good faith until the settlement of any such dispute. 30. FIRE OR OTHER CASUALTY (A) The County shall insure the Leased Premises against damage or destruction by fire or other casualty under the standard fire insurance policy with approved 1611924v 111 25 Packet Pg. 294 11.A.3 standard extended coverage applicable to the Leased Premises. The County shall ensure that the Leased Premises are covered for 100°O replacement value. If any part of either of the Leased Premises is clan-laced or destroyed by fire or other casualty insured under the standard fire insurance policy includina approved standard extended coverage endorsement applicable to the Leased Premises, and the Leased Premises are unavailable for more than one (I) Spring Training year ("Substantial Interference"), then the Club may terminate this Lease by written notice to the County within one hundred twenty (120) days after the later date of such damage or destruction or the date the duration of unavailability of the Leased Premises is known by the Club. In the event the Club elects to terminate the Ta' Lease, each party shall he entitled to the proceeds of any insurance it has procured, there shall he an abatement of all monies due hereunder. and the Club shall he entitled to fifty percent (50%) of any Capital Improvements Funds available as of the date of such damage or destruction. Upon payment of any sums then owing by either party to the other, the parties shall be released form all future liability hereunder except for liability under the indemnity provisions hereof, which shall survive such termination. a) (B) If the Club does not elect to terminate this Lease as a result of Substantial Interference of either of the Leased Premises, then at its expense. the County shall restore the Leased Premises to as good as condition as existed previously and the Club shall not be released from any oblieations hereunder except that there Will be an abatement of all monies due hereunder for the period of unavailability. —I — Cr (C) If either of the Leased Premises is damaged or destroyed by fire or other casualty and the Leased Premises are unavailable for less than one (1 ) Spring Training season during the Term and any Renewal Term, the County shall promptly repair fa' and rebuild the Leased Premises. In such event, all Club obligations hereunder shall be suspended during the time period for which the Leased Premises are unavailable. (D) If. during any period the Leased Premises are unavailable. the Club must find an alternative location for Spring Training, the County shall make reasonable efforts. if requested by the Club. to make a temporary Spring Training facility available to the Club. a) (E) Except to the extent provided for in this paragraph or elsewhere in this Lease. neither the monies payable by the Club nor any of the Club's other obligations under any provisions of the Lease shall be affected by any damage to or destruction of the Leased Premises by any cause whatsoever. 31. GENERAL PROVISIONS. This Lease shall be governed by, construed and enforced in accordance with the laws of the State of Florida. (Al The covenants. terms. conditions, provisions and undertakings in this Lease, or in any renewals thereof, shall extend to and be binding upon the heirs, personal representatives, executors, administrators, successors and assigns of the respective parties hereto as if they were in every case named and expressed and wherever 161192400 26 Packet Pg. 295 11.A.3 reference is made to either of the parties hereto shall he held to include and apply also to the heirs, personal representatives, executors, administrators. successors and assigns of such party as if in each and every case so expressed, (B) The parties agree to execute and deliver any instruments in writing, which are necessary to carry out any acreernent, term, condition or assurance in this Lease. whenever the occasion shall arise and request for such instrument shall be made. (C) The specified remedies to which the parties may resort under the terms of this Lease are cumulative and not intended to be exclusive of any other remedies or means of redress to which the parties may be lawfully entitled in case of any c breach or threatened breach of any provision or provisions of this Lease. I— et) (D) This Lease and any exhibits attached hereto contain the entire agreement and understanding between the parties and is a complete and exclusive statement of ce the terms thereof, This Lease shall supercede all prior oral and written understandings or agreements, terms or conditions relating to the Leased ..0 CD Premises. including the Public Facilit). Use Agreement by and between Lee County and the Club. dated December 18. 1991, and neither party has relied on co any representation, express or implied, not contained in this Lease or the simultaneous or prior NkTitings heretofore. Amy amendment of modification of this Lease Lease may not be chanced or supplemented orally, but shall be in writing and signed by the parties. ta. (E) Each of the parties represents and warrants that as of the date hereof and throughout the Term and any Renewal Term (1) it has all requisite authority to enter into this Lease and to perform its obligations hereunder. (2) that the execution and delivery of this Lease and the performance of its obligations hereunder have been duly authorized by all necessary action on the part of such party, and (3) upon due execution and delivery by such part, constitutes a legal. valid and binding obligation of the part, enforceable against such party in accordance with its terms. 0 (F) If any term or other provision of this Lease is invalid.illegal or incapable of being enforced by any rule of law or public policy., all other terms and provisions of this Lease shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify the Lease so as to effect the original intern of the parties as closelyas possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible. (G) At and upon the execution and delivery of this Lease by the Club and the County. the Agreement shall terminate. Thereafter, this Lease shall govern the „ea\ relationship of the parties with respect to the Stadium Complex and the subject matter of this Lease; provided, however, that the Capital Improvements Fund 1611924v 11 27 Packet Pg. 296 11.A.3 shall survive the termination of the Agreement and benefit the Club and the County hereunder. 32. DEFINITIONS. For purposes of this Lease and any Exhibits to this Lease, the following terms have the meanings specified: "Agreement' shall have the meaning,set forth in the Recitals to this Lease. "Capital Improvements Fund" shall have the meaning set forth in Section 12(B'(lj of this Lease. 7-65 •- c "Capital Improvements Savings" shell have the meaning set forth in Section 12(B)(6)(i) 'ET! of this Lease, F2) "Club" shall have the meaning set forth in the Preamble to this Lease. "Club Assets'Assets" shall have the meaning set forth in Section 16(A) of this Lease. "Club Defaults" shall have the meaning set forth in Section 29(A) of this Lease. "Club Indemnified Parties' shall have the meaning set forth in Section 23(A) of this Lease. "Girth Parties" shall have the meaning set forth in Section 23(B) of this Lease. "Club rs Exclusive Baseball Activities" shall have the meaning set forth in Section 2(C) of this Lease. "Club Exclusive Use Areas" shall have the meaning set forth in Section 2(D) of this L.= 0. Lease. "Concessions" shall have the meaning set forth in Section 5 of this Lease. CNI "Conference and Training Center" shall have the meaning set forth in Section I2(B)(6)(i) of this Lease. ,a2 "Conference Room" shall have the meaning set forth in Section 12(B)(6)(1) of this Lease. co "County"shall have the meaning set forth in the Preamble to this Lease. "County Capital Improvements" shall have the meaning set forth in Section 12(11)(4) of this Lease. "County Defaults" shall have the meaning set forth in Section 29(C) of this Lease. "Gross Revenues From Concessions" shall have the meaning set forth in Section 5(A)of this Lease. 1611924-10 28 Packet Pg. 297 11.A.3 "Gross Revenues From Ticket Sales" shall have the meaning set forth in Section 3(A) of this Lease. "Lease" shall have the meaning set forth in the Preamble to this Lease. "Leased Premises" shall have the meaning set forth in Section 2 of this Lease. "MLB Stadium Standards" shall have the meaning set forth in Section 12(B)(4) of this Lease. 1-7) "Major League Stadium"shall have the meaning set forth in Section 2(A) of this Lease. "Message Marquee" shall have the meaning set forth in Section 6(B)(I) of this Lease. "Metrodome" shall have the meaning set forth in Section 14(B) of this Lease. co "Minor League Complex" shall have the meaning set forth in Section 2(A) of this Lease. "More Favorable Provisions" shall have the meaning set forth in Section 1(E) of this Lease. •• (1) "Premises" shall have the meaning set forth in Section 2 of this Lease. "Premium"shall have the meaning set forth in Section 29(D)(1)of this Lease. ••••••••• "Renewal Term" or "Renewal Terms" shall have the meaning set forth in Section 1 of this Lease. "Spring Training" shall have the meaning set forth in Section 1(B) of this Lease. 'Stadium Complex" shall have the meaning set forth in Section 2(A) of this Lease. "Substantial Interference" shall have the meaning set forth in Section 39(A) of this c.D Lease. Cs4 CNI "Term" shall have the meaning set forth in Section 1 of this Lease. ISIGNATURF., PAGE FOLLOWS] 16119241,10 29 Packet Pg. 298 11.A.3 IN 'WITNESS WHEREOF. the parties hereto have executed this Lease on the 3rd day of August , 2004. ATTEST: CHARLIE GREEN, CLERK OF COURT BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY LORID, By . ... S , , = Deputy Clerk Chairman . - cm 1.-. APPROVED AS TO FORM c. cn By 4,--ir-a ' liti.ighed a) co - ,•* as Co ty Attorney / co ‘VioakTNES7SES: MINNESOTA TWINS Csi (JP Hubert II Humphrey Mehodome 34 Kirby Puckett Place I Aim Minneap ohs,Minnesota 5 7 z /174€ 1"/MirAarlii, IT ct President Q. S. < r- CC 6 CNI C7+ Cs4 a) 'SIGNATURE PAGE TO AMENDED AND RESTATED STADIUM LEASE 13 AGREEMENT' rz •'z'' ....- 1611924v10 30 Packet Pg.299 11.A.3 EXHIBIT A STADIUM LAND AREA LQCT1ON OF -r7) DESCRIPTION PARCEL IN NE-%. SECTION 30. T. 45 S.. R. 25 E. LEE cOUNTY. FLORIDA U) A tract or parcel lying in the northeast quarter (NE-%) of Section 30. Township 45 South. Range 25 East. Lee County. 0 Florida which tract or parcel is described as follows: From the southwest corner of the northeast quarter (NE%) of said Section 30 run N 01" 10' 04" N along the west line of said northeast quarter (NE-%) for 621.20 feet to the Point of Beginning. From said Point of Beginning continue N 010 10' 05" W along said west line for 1921.55 feet: thence run N 88* 55' 40" E parallel with the south line of said fraction for 2184.47 feet to an intersection with the curved northwesterly line of Six Mile Cypress Parkway as described in Official Record Book 1119 at Page 836: thence run southwesterly along said northwesterly line along the arc of a curve to the right of radius 5804.58 feet (chord bearing S 23° 42' 17" W) (chord 2116.37 feet) (delta 21" 45' 59') for 2129.15 feet: thence run S 88° SS' 40" W for 1294.31 feet to the Point of Beginning. Containing 80.00 acres more or Less. 0 Bearings hereinabove mentioned are Plane Coordinate for the Florida West Zone derived from the Florida Department ef Transportation centerline survey for Six Mile Cypress Parkway. 0 1611924clo A-1 Packet Pg. 300 11.A.3 EXHIBIT B USE AGREEMENT Alinnesota Twins & Lee County Sports Complex 1. Private Use By Club-'Year Round A. William H. Hammond Stadium 1. Largest Storage Room in Major League Clubhouse •- 2. c Training Room in Major League Clubhouse (including Storage Room, a) Doctor's Office and Trainer's Office, Whirlpool Area) rm. 3. 3rd Floor Office Level ft1 C.) Subsequent to agreement with Minor League affiliate, Twins co vacate this area from approximately April 5 (after Spring Training) •• Csl through approximately February 6, to allow Minor League club to use administrative offices). 0.1 4. Concessions Stands and Novelty Store Subsequent to operating agreement with Minor League affiliate, Miracle Baseball currently runs all concessions for Twins. .775 13. Minor League Clubhouse- E. 1. All Areas inside the Clubhouse Building I.- 2. Storage Room adjacent to Battling Tunnels (.1 C. Minor League Office a) All Areas inside the office building (Reception Area, 4 offices, conference room, & storage room) D. Weight Training Room 3,600 sf main training room, plus office &storage room E. Meeting& Conference Center 1. Three storage rooms on west wall 2. Main Kitchen Area 151192011 FINAL 8/3104 13-1 Packet Pg. 301 11.A.3 J.I. Private Use By Club—Spring Training Only (Approximately January 15 through April 15 as per Section I.(B) of Lease Agreement) A. Stadium 1. Major League Clubhouse Main Locker Room, all offices, storage rooms and Shower Areal C) 2. Visitors Clubhouse Locker Room, Manager's Office, Training Room & Shower Area F- C) 3. Umpires Room U) 4. 4th Floor Media Level Including Offices,Radio & Television Broadcast Booths,Main co Press Area, Public Address Booth, Al] skybox suites and storage areas. 5. Press Dining Room "-E3 —J B. Meeting & Conference Center 1,800 sf Meeting Room LT 0 C. Ticket Office (Starting on or around January 1 of each year) ea LE; In. Other A. Florida Instructional League Cs1 Club shall have the option to use the Major League Clubhouse in the 7:) c.) Stadium, and areas described in II. (A) (1) above during the Instructional League (approximately September 15—October 31). Or, Club may elect a) to use Minor League Clubhouse facilities for this program. B. Fantasy Camps As per 1114A) above, club shall have the option to use the Major League Clubhouse in the Stadium or the Minor League Clubhouse. IGI1924v11 FINAL 8/3/04 B-2 Packet Pg. 302 11.A.3 EXUTIT CONFERENCE AND TRAINING CENTER , _. : ,, ,i .c, Minnesoa Twins Training•i Lee County Sports Complex 4... 'E. ea ## Fort Myer , Florida m tN .:1" N w a m L O a 16011 '' 4 _ (�^ V N # o T N ' . _ Z . .L...j .v ' Iii. l a CO . :j „ . . , . i , e Site Plan 1611924141 FINC-1 Packet Pg. 303 11.A.3 EXHIBIT D MESSAGE MARQUEE VIV. °Cf C7) r 1 cn 'LAS Fl 3 4�:-i P WITH'ilvor 5aegr s Dr t 0 cn CD CD ° nr .1+, :+R[ C,P i!:$F T-MAIE t 5FtIMPACT kCKYLt' y Q . /'-. [ r`L4ty l'ANSL 1S!,Amv. $tif lLLUi#its'AWi3 F * J Ui Q Z 444 _E4O.t+iflr=NP,>M (.r.=az 'ELS TECHNOLs r 4 O -#G x( - VIt M/'i i3. U 0. "21,24,15 A"SY',1"5,f irili"c i .P?t JET .OK`:3KAI CCII,AMATON5A N' FIX4Te. tom Q L S� . N 'cOmv'.uTC}eL--5PEGJF1FG - 141:1 1. 4iIPA1.'Y PAtta 15 FLU 3€-'.ctd r 4LLIJMINRTU FLAT,HI$H IMPACT a4 *.C: + "4N 0 o X tey -_1 ' t E i YOunL rc ,� s -P151' Y ceh1-T:d i.9a -rx,..I N ATM 12"S70 T_ s A.WITH u r SI 1 Fro t 8 ^r0C-0H CAP 5 YOH:T=;h.V111i C1FMENEtir AL,ACCE" rs 1 " .011,4EN$IONS'AgE SUNECTYrral&I4GE o1rt.Tel CIE1 L G Stc'r NSPe sl -ONLT ATrF.1?'s [ ` `.re PRAWINCS 51 1J' EtF P DT1Lt.TCON rm eo 49, a ltet Itril Rimr114:40 E4 Ili I a 1 rit,:eiN, Di tO 924y11 FINAL W3 I)- Packet'Pg.-304 11.A.3 I- c Attachment C N ca O .aw ra.. LL 4 t4 O C1 f6 Q Packet Pg.305 11.A.3 Hammond Sports Stadium Minnesota Twins Spring Training Facility Improvements Maximum Project Costs as Proposed by Populous Program Budget Summary Ballpark Improvements: I. Site Requirements & Improvements $ 5,687,145 II. Spectator Facilties Improvements $ 6,530,674 III. Food Service & Retail Facilities Improvements $ 2,832,921 IV. Press Facilities Improvements $ 616,812 V. Clubhouse Facilities Improvements $ 2,820,055 'c VI Service & Operations Facilities Improvements $ 3,805,082 VII. Administrative Facilities Improvements $ 1,131,792 VIII. Circulation Improvements $ 3,009,288 Subtotal $ 26,433,769 Spring Training Requirements I. Training Improvements $ 1,084,175 •• N II. Player Facilities Improvements $ 2,479,520 N_ Subtotal $ 3,563,695 w Esa Player Academy Requirements -' z III. Player Academy Requirements $ 7,195,880 Program Subtotal $ 37,193,344 Add for a Program Budget Contingency (5%) $ 1,859,667 Program Hard Costs w/ Contingency $ 39,053,011 Add for a Project Soft Costs (17%) $ 6,639,012 (.D Program Grand Total $ 45,692,023 c) Alternates: *(Overall Costs including Contingency & Soft Costs) Add for Seating Bowl Shade Canopy Extensions (+/-16' Fabric) $ 873,709 Add to for One (1) Passenger Elevator previously deleted by POP Item #34 $ 153,415 Add to replace Stadium Field previously deleted by POP Item #20 $ 745,060 *Current negotiations are ongoing to establish final project costs (current range $33 million - $45 million) Packet Pg._306 11.A.3 'E H as a ea Attachment D j N t4 m N co N LL O tE M. _ l4 N O N d t4 Packet Pg.307 11.A.3 LEE COUNTY ORDINANCE NO. 07-28 AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY LEE COUNTY ORDINANCE NO. 03-18, AS AMENDED BY LEE COUNTY ORDINANCE NO. 05-24, WHICH LEVIED, IMPOSED AND SET A THREE PERCENT (3%) TOURIST DEVELOPMENT TAX THROUGHOUT LEE COUNTY PURSUANT TO THE "LOCAL OPTION TOURIST DEVELOPMENT ACT", SECTION 125.0104, FLORIDA STATUTES; PROVIDING FOR A TITLE; PROVIDING FOR �' APPLICATION AND DEFINITIONS; PROVIDING FOR THE COLLECTION OF SAID TAX, RELATING TO A TAX ON EACH WHOLE AND MAJOR FRACTION OF EACH DOLLAR a, OF THE TOTAL RENTAL CHARGED EVERY PERSON WHO RENTS, LEASES OR LETS FOR CONSIDERATION ANY co ct LIVING QUARTERS OR ACCOMMODATIONS IN ANY HOTEL, APARTMENT HOTEL, MOTEL, RESORT MOTEL, APARTMENT, APARTMENT MOTEL, ROOMING HOUSE, TOURIST OR TRAILER CAMP, MOBILE HOME PARK, RECREATIONAL VEHICLE PARK,OR CONDOMINIUM FOR CN A TERM OF SIX (6) MONTHS OR LESS; PROVIDING THAT THE REVENUES SO RAISED BE UTILIZED TO IMPLEMENT THE LEE COUNTY TOURIST DEVELOPMENT PLAN, RELATING TO BEACH PARK FACILITIES AND BEACH— RELATED IMPROVEMENTS; PROVIDING FOR THE 0 ADOPTION OF THE LEE COUNTY TOURIST DEVELOPMENT TAX; PROVIDING FOR THE COMPOSITION OF THE LEE COUNTY TOURIST DEVELOPMENT COUNCIL; PROVIDING FOR THE TERMS, c QUALIFICATIONS AND POWERS OF THE MEMBERS OF c� SAID COUNCIL; PROVIDING FOR PENALTIES FOR o FAILURE TO COLLECT THE TAX LEVIED; PROVIDING FOR N REPEAL OF THE TAX BY REFERENDUM ELECTION; PROVIDING FOR LOCAL ADMINISTRATION OF THE TAX SO AS TO HAVE COLLECTION AND ADMINISTRATION DUTIES PERFORMED BY THE FINANCE DEPARTMENT OF THE CLERK OF COURT AND TO HAVE THE ENFORCEMENT AND AUDIT RESPONSIBILITIES PERFORMED BY THE LEE COUNTY CLERK OF COURT INTERNAL AUDIT DEPARTMENT; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS,CONFLICTS OF LAW, CODIFICATION, INCLUSION IN CODE AND Packet Pg. 308 11.A.3 SCRIVENER'S ERRORS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and, WHEREAS, under the provisions of said law, the Board of County Commissioners, Lee County, Florida, did on June 2, 1982, adopt a Resolution establishing and appointing the members of the Lee County Tourist Development Council; and, Q cn WHEREAS, said Tourist Development Council has presented to the Board of 2 County Commissioners its plan for tourist development; and, m N WHEREAS it is the intent of this Ordinance that the Tourist Development Tax, if enacted, be used to stabilize the tourist-related economy of Lee County on a year- round basis. 0 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY v COMMISSIONERS OF LEE COUNTY, FLORIDA that: SECTION ONE: PURPOSE L It is the intent of this Ordinance to repeal and replace in its entirety Lee County N Ordinance No. 03-18, as amended by Ordinance No. 05-24. Lee County Ordinance No. 03-18 is hereby restated with the amendments thereto by respective Section as noted as follows with the new language shown by underlining and deleted language shown with strike-overs. Accordingly, Lee County Ordinance Nos. 03-18 and 05-24 are hereby duly repealed and amended to read as follows: -2- Packet Pg. 309 11.A.3 SECTION TWO: TITLE This Ordinance shall be known and may be cited as the "Lee County Tourist Development Ordinance". SECTION THREE: APPLICATION; DEFINITIONS A. Application - The provisions contained in Chapter 212, as may be amended, apply to the administration of any tax levied pursuant to this Ordinance. B. Definitions - For purposes of this section: 1. "Promotion" means marketing or advertising designed to increase tourist-related business activities. 2. "Tourist" means a person who participates in trade or recreation activities outside the county of his or her permanent residence or N who rents or leases transient accommodations as described in a paragraph (3)(a). SECTION FOUR: TAXABLE PRIVILEGES; LEVY; RATE U A. There is hereby levied and imposed and set a tourist development tax throughout Lee County, Florida, at a rate of three percent (3%) of each whole and major fraction of each dollar of the total rental charged every person who rents, leases N r.+ or lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, rooming house, tourist or trailer camp, mobile home park, recreational vehicle park or condominium for a term of six (6) months or less. When receipt of consideration is by way of property other than money, the tax shall be levied and imposed on the fair market value of such non-monetary -3- Packet Pg.310 11.A.3 considerations. B. In addition to the three percent (3%) tax rate imposed in Paragraph A., the County hereby levies, imposes, and sets an additional one percent (1%) tax pursuant to Section 125.0104(3)(1), Florida Statutes, on the exercise of privilege described in Paragraph A. C. In addition to the original three percent (3%) tax rate imposed and the one percent (1%) tax imposed under Paragraph B., the County hereby levies, imposes eu and sets an additional one percent (1%) tax pursuant to Section 125.0104(3)(n), Florida Statues, on the exercise of the privilege described in Paragraph A. D. The Tourist Development Tax shall be in addition to any other tax imposed pursuant to Chapter 212, Florida Statutes, and in addition to all other taxes, N fees and the considerations for the rental or lease. -`8 E. The Tourist Development Tax shall be charged by the person receiving the consideration for the lease or rental, and it shall be collected from the lessee, tenant, or customer at the time of payment of the consideration for such lease or rental. a F. The person receiving the consideration for such rental or lease shall 'L^ receive, account for, and remit the tax to the Lee County Clerk of the Circuit Court at N the time and in the manner provided for persons who collect and remit taxes under Section 212.03, Florida Statutes. The same duties and privileges imposed by Chapter 212, Florida Statutes, upon dealers in tangible property, respecting the collection and remission of tax, the making of returns, the keeping of books, records and accounts, and compliance with the rules of the Florida Department of Revenue in the administration of said chapter shall apply to and be binding upon all persons who are -4- Packet Pg. 311 11.A.3 subject to the provisions of this Act. G. Collections received by the said Clerk less costs of administration of this Ordinance shall be paid and returned, on a monthly basis to Lee County for use by the County in accordance with the provisions of this Ordinance and shall be placed in the County tourist development trust fund in accordance with the Tourist Development Plan in Section Four hereof. H. The effective date of the levy and imposition of the additional one percent I- (1%) of each dollar above the tax rate of two percent (2%) of each dollar, as previously a set by Section Three hereof, shall be the first day of March, 1988. The proceeds of the additional levy shall be used for the purposes set forth in Section Four hereof. N The effective date of the levy and imposition of the additional two percent (2%) of each dollar above the tax rate of three percent (3%) of each dollar, as a J previously set out in Section Three hereof, shall be the first day of January 2006. The proceeds of the additional levy shall be used for the purposes set forth in Section Four s hereof. 0. SECTION FIVE: TOURIST DEVELOPMENT PLAN A. The tax revenues received pursuant to this Ordinance shall be used to N fund the Lee County Tourist Development Plan, which is hereby adopted as follows: t 1. The two percent (2%) Tourist Development Tax was levied throughout Lee County beginning the first day of the month following the referendum. An additional one percent (1%) was levied in March of 1988. The additional two percent (2%) will be levied in January 2006. The Tourist Development Tax for Lee -5- Packet Pg. 312 11.A.3 County is to strengthen our local economy and advance tourism by investing the revenue in the following priority: a) Fifty-three and six-tenths percent (53.6%) of the receipts of the Tourist Development Tax shall be placed into a trust fund to be used for tourist advertising and promotion for Lee County. b) Thirteen and four-tenths (13.4%) of the receipts of the Tourist Development Tax shall be placed into the trust fund a to be used to acquire, construct, extend, enlarge, remodel, co repair, improve, maintain, operate or promote one or more m publicly-owned and operated convention centers, sports N stadiums, sports arenas, (including funding the Sports -15 Authority Division and the Authority's tourism related LL activities) coliseums, auditoriums or museums (funds will not be used for any museum general maintenance) within the boundaries of the County and for those other lawful re purposes authorized by Section 125.0104(5)(a) 1.,2.,3., and N (b), Florida Statutes, except as noted in Subparagraph c) c below. c) Thirty-three percent (33%) of the receipts of the Tourist Development Tax shall be placed into the trust fund to be used for beach park facilities and beach-related improvements to include but not limited to, beach -6- Packet Pg. 313 11.A.3 improvements, fishing piers, maintenance, renourishment, restoration and erosion control, including shoreline protection, enhancement, clean-up or restoration of inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, or inland lake or river. B. The above and foregoing Tourist Ordinance may be enacted by an affirmative vote of a majority plus one additional member of the Board of County to Commissioners. C) C. The Plan and Tax shall continue until amended or repealed according to N this Ordinance and Section 125.0104, Florida Statutes. Appropriations of the Tourist N Development Tax shall be budgeted and approved by the Board of County $ Commissioners. D. The revenues to be derived from the Tourist Development Tax may be w 4 used as authorized herein and Section 125.0104, Florida Statutes. In the event bonds 0.are issued by the County for any of the purposes enumerated by the Tourist Development Plan, the amount of Tourist Development Tax receipts used to pay debt N service on such bonds may exceed the percentages provided for the purpose for which E such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of the County which were issued to finance improvements for the same purpose and which are secured by the Tourist Development Tax, must not exceed the stated percentage of Tourist Development Tax receipts provided in the Tourist Development Plan for such purpose, as calculated as of -7- Packet Pg. 314 11.A.3 the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of Tourist Development Tax receipts shall be assumed to be the amount provided as such in the County's immediately preceding annual audit, plus, if the levy of such tax was increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the monies the County would have received if the tax increase had been in effect during the .7j1 entire audit period. SECTION SIX: THE LEE COUNTY TOURIST DEVELOPMENT COUNCIL A. There is hereby established, pursuant to the provisions of Section 125.0104, Florida Statutes, an advisory council to be known as the "Lee County Tourist m N Development Council". The Council shall be composed of nine (9) members who shall N be appointed by the Board of County Commissioners. The Chairman of the Board of a County Commissioners or any member of the Board as designated by the Chairman shall serve on the Council. Two members of the Council shall be elected municipal officials, at least one of whom shall be from the most populous municipality in the County or sub-County special taxing district in which the tax is levied. Six members of cc the Council shall be persons who are involved in the tourist industry and who have o N demonstrated an interest in tourist development, of which members, not less than three E or more than four shall be owners or operators of motels, hotels or tourist w accommodations in Lee County. All members of the Council shall be electors of the County. The governing Board of the County shall have the option of designating the Chairman of the Council or allowing the Council to elect a Chairman. The Chairman -8- Packet Pg. 315 11.A.3 shall be appointed or elected annually and may be re-elected or reappointed. The members of the Council shall serve for staggered terms of four (4) years. B. The Council hereby established shall, from time to time, make recommendations to the Board of County Commissioners for the effective operation of the special projects or uses of the Tourist Development Tax revenue raised by the tax hereby levied and may perform such other duties or functions as hereinafter may be 176 prescribed by Ordinance or Resolution. a) C. The Council shall continuously review all expenditures of revenue raised by the tax hereby levied, receive at least quarterly expenditure reports from the Board of County Commissioners all expenditures of said revenue believed to be unauthorized. The Board of County Commissioners shall review the Council's findings and take such administrative or judicial action as it sees fit to insure compliance with this Ordinance J and the provisions of Section 125.0104, Florida Statutes. D. The members of the Council may be appointed or reappointed as authorized by Section 125.0104, Florida Statutes, by duly adopted Resolution of the a Board of County Commissioners. Until the Board of County Commissioners elects to adopt such Resolution, the existing membership shall stand as constituted by Lee o County Ordinance No. 82-33, as further amended. The changes in the composition of E the membership of the Tourist Development Council, as mandated by Chapter 86-4 and Chapter 96-397, Laws of Florida, shall not cause the interruption of the current term of any person who was a member of the Council on October 1, 1996. -9- Packet Pg. 316 11A3 SECTION SEVEN: LOCAL ADMINISTRATION OF THE TAX A. Notwithstanding any provisions hereof to the contrary, it is the intent of the County to be exempt from those requirements of Section 125.0104, Florida Statutes, that the tax collected be remitted to the Department of Revenue before being returned to the County. It is the intent of the County to provide for the collection and administration of the tax on a local basis. a, a B. Collection of the tax shall continue to be made in the same manner as theris tax imposed under Part I of Chapter 212, and as the applicable statute may be cn subsequently amended from time to time. Lee County, in assuming such responsibility, agrees it shall be bound by all rules promulgated by the Department of Revenue pursuant to Section 125.0104, as well as those rules pertaining to the sales and use tax N on transient rentals imposed by Section 212.03. The County may use any power granted in this Section 125.0104, Florida Statutes, to the department to determine the amount of tax, penalties, and interest to be paid by each dealer and to enforce payment w of such tax, penalties, and interest. Q C. The Lee County Clerk of Court, Finance Department shall be responsible for the collection and administration of the tax. The person receiving the consideration for such rental or lease shall receive, account for, and remit the tax to the Lee County Clerk of Court. The Clerk of Court, Finance Department, or their successor department or division, shall keep appropriate records of said funds. The same duties and privileges imposed by Chapter 212, Florida Statutes, and as the applicable statute may be subsequently amended from time to time, upon dealers in tangible property, -10- Packet Pg. 317 1i.A.3 respecting the collection and remission of tax, the making of returns, the keeping of books, records and accounts, the payment of a dealer's credit in compliance with the rules of the Lee County Clerk of Court in the administration of said Chapter shall apply to and be binding upon all persons who are subject to the provisions of this Ordinance. D. The Clerk of Court may promulgate rules, prescribe and publish the forms necessary to effectuate this Ordinance. The rules may include guidelines for registration and reporting requirements that are consistent with the provisions of ft Chapter 212, Florida Statutes. E. In accordance with Chapter 125.0105, Florida Statutes, the Clerk of Court may adopt a service fee not to exceed the service fees authorized under Section 832.08(5) or five percent (5%) of the fact amount of the check, draft, or order, whichever is greater, for the collection of a dishonored check, draft, or other order for a - J the payment of tax under this Ordinance. The service fee shall be in addition to all other penalties imposed by law. Proceeds from this fee, if imposed, shall be retained U by the Lee County Clerk of Court. F. The Lee County Clerk of Court, Internal Audit Department, or their successor department or division, shall perform the enforcement and audit functions o associated with the collection and remission of this tax, including, without limitation, the following: r a 1. For the purpose of enforcing the collection of the tax levied by this Chapter, the Internal Audit Department of the Clerk of Courts is hereby specifically authorized and empowered to examine at all reasonable hours the books, records, and other documents of all -11- Packet Pg.318 11.A.3 dealers, or other persons charged with the duty to report or pay a tax under this Ordinance, in order to determine whether they are collecting the tax or otherwise complying with this Ordinance. In the event said dealer refuses to permit such examination of its books, records, or other documents by the department as aforesaid, it is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. The Clerk shall have the right to proceed in 0. co Circuit Court to seek a mandatory injunction or other appropriate remedy to enforce its right against the offender, as granted by this section, to require an examination of the books and records of such N dealer. a 2. Each dealer, as defined in Section 212.06, Florida Statutes, shall U- secure, maintain, and keep for a period of three (3) years a complete record of rooms or other lodging, leased or rented by said a dealer, together with gross receipts from such sales, and other pertinent records and papers as may be required by the Clerk of o Court for the reasonable administration of this Ordinance; and all such records which are located or maintained in this state shall beea open for inspection by the Internal Audit Department of the Clerk of Courts at all reasonable hours at such dealer's place of business located in the County. Any dealer who maintains such books and records at a point outside this County must make such books and -12- Packet Pg. 319 11.A.3 records available for inspection by the Internal Audit Department of the Clerk of Courts in Lee County, Florida. Any dealer subject to the provisions of this Ordinance, who violates these provisions is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. 3. The Internal Audit Department of the Clerk of Courts shall send written notification, at least thirty (30) days prior to the date an I auditor is scheduled to begin an audit, informing the dealer of the a audit. The Internal Audit Department of the Clerk of Courts is not required to give thirty (30) days prior notification of a forthcoming m audit in any instance in which the dealer requests an emergency audit. a. J 4. Such written notification shall contain: a) The proximate date on which the auditor is scheduled toc begin the audit. a b) A reminder that all of the records, receipts, invoices, and related documentation of the taxpayer must be made o N available to the auditor. E c) Any other requests or suggestions the Internal Audit Department may deem necessary. 5. Only records, receipts, invoices and related documentation which are available to the auditor when such auditor begins shall be deemed acceptable for the purposes of conducting such audit. -13- Packet Pg. 320 11.A.3 G. All taxes collected under this Ordinance shall be remitted to the Finance Department of the Clerk of Court. In addition to criminal sanctions, the Clerk is empowered, and it shall be its duty, when any tax becomes delinquent or is otherwise in jeopardy under this Ordinance, to issue a warrant for the full amount of the tax due or estimated to be due, with the interest, penalties, and cost of collection, directed to all and singular the sheriffs of the state, and shall record the warrant in the public records of the County, and thereupon the amount of the warrant shall become a lien of any realto or personal property of the taxpayer in the same manner as a recorded judgment. The 17. Internal Audit Department of the Clerk may issue a tax execution to enforce the collection of taxes imposed by this Ordinance and deliver it to the Sheriff. The Sheriff shall thereupon proceed in the same manner as prescribed by law for executions and shall be entitled to the same fees for his services in executing the warrant to be a collected. The Clerk may also have a writ of garnishment to subject any indebtedness U- due to the delinquent dealer by a third person in any goods, money, chattels, or effects of the delinquent dealer in the hands, possession, or control of the third person in the a manner provided by law for the payment of the tax due. Upon payment of the 0 execution, warrant, judgment, or garnishment, the department shall satisfy the lien of o N record within thirty (30) days. E H. Tax revenues may be used only in accordance with the provision of Section 125.0104, Florida Statutes. A total of three percent (3%) of said tax collected each month herein shall be retained by the Clerk of the Circuit Court for costs of administration by the Clerk of Courts. The remainder of the tax collected shall be distributed to the County on a -14- Packet Pg. 321 11.A.3 monthly basis. J. The County assumes responsibility for auditing the records and accounts of dealers and assessing, collecting, and enforcing payment of delinquent Tourist Development Taxes. The County adopts any and all powers and authority granted to the State of Florida in Section 125.0104, Florida Statutes, and Chapter 212, Florida Statutes, and as further amended or incorporated therein to determine the amount of the tax, penalties and interest to be paid by each dealer and to enforce payment of such tax, penalties, and interest by, but not limited to, distress warrants, writ of a garnishments and criminal penalties as provided in Chapter 212, Florida Statutes. K. An action may not be brought to contest an assessment of any tax, m N interest or penalty assessed under this Ordinance more than sixty (60) days after the date the assessment becomes final. An action may not be brought to contest a denial a of refund of any tax, interest or penalty paid under this Ordinance more than sixty (60) days after the date the denial becomes final. g SECTION EIGHT: PERSONAL LIABILITY Q Any person who exercises a taxable privilege hereunder and who fails or refuses to charge and collect from the person paying any rental or lease the taxes herein o N provided, either by himself or through his agents or employees, shall be, in addition to E being personally liable for the payment of the tax, guilty of a misdemeanor of the a second degree, punishable as provided in Section 775.082, Section 775.083, or Section 775.084, Florida Statutes. -15- Packet Pg. 322 11.A.3 SECTION NINE: REFUSAL TO COLLECT TAX No person shall advertise or hold out to the public in any manner, directly or indirectly, that he will absorb all or any part of the tax, or that he will relieve the person paying the rental of the payment of all or any part of the tax, or that the tax will not be added to the rental or lease consideration, or when added, that it or any part thereof will be refunded or refused, either directly, or indirectly, by any method whatsoever. Any person who willfully violates any provision of this subsection shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082, •Q co Section 775.083, or Section 775.084, Florida Statutes. SECTION TEN: TAX LIENS The tax hereby levied shall constitute a lien on the property of the lessee, customer or tenant in the same manner as, and shall be collectible as are, liens g1 authorized and imposed in Sections 713.67, 713.68, and 713.69, Florida Statutes. LL SECTION ELEVEN: SEVERABILITY w ftUpon petition of fifteen percent (15%) or more of the electors of Lee County, the Q Board of County Commissioners shall cause an election to be held for the repeal of this Ordinance and the Tourist Development Tax levied subject only to any outstanding o N revenue bonds for which the tax has been pledged. SECTION TWELVE: INVALID OR UNCONSTITUTIONAL SECTIONS It is declared to be the intent of the Board of County Commissioners that, if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such -16- Packet Pg.323 i i.A.3 portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. It is hereby declared to be the legislative intent that this Ordinance would have been adopted had such unconstitutional provisions not been included herein. SECTION THIRTEEN: CONFLICTS OF LAW Whenever the requirements or provisions of this Ordinance are in conflict with the requirements or provisions of any other lawfully adopted ordinance or statute, the .` as most restrictive requirements shall apply. co SECTION FOURTEEN: CODIFICATION, INCLUSION IN CODE AND SCRIVENER'S ERRORS It is the intention of the Board of County Commissioners that the provisions of N this Ordinance shall become and be made a part of the Lee County code; and that sections of this Ordinance may be renumbered or relettered and that the word z "ordinance" may be changed to "section", "article", or other such appropriate word or 0 phrase in order to accomplish such intention; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and typographical errors which do not affect the intent may be authorized by c� r the County Manager or his designee, without need of public hearing, by filing a N corrected or recodified copy of same with the Clerk of Circuit Court. E t6 SECTION FIFTEEN: EFFECTIVE DATE c This Ordinance will take effect upon its filing with the Office of the Secretary of the Florida Department of State, with a certified copy hereof being furnished to the State of Florida, Department of Revenue. -17- Packet Pg. 324 11.A.3 Commissioner Hall made a motion to adopt the foregoing Ordinance, seconded by Commissioner Judah. The vote was as follows: ROBERT P. JANES AYE BRIAN BIGELOW AYE RAY JUDAH AYE TAMMARA HALL AYE FRANK MANN AYE DULY PASSED AND ADOPTED THIS 23`d day of October, 2007. (n N t4 ATTEST: CHARLIE GREEN BOARD OF COUNTY COMMISSIONERS CLERK OF COURTS OF LEE C UNTY, FLORIDA BY: uY: BY: ` 1c--0� Deputy Clerk Robert Pa , Chair -` Ltlt U1d,eP Y = t , APPROV. D AS TO FORM: ! O Yrs TT - , BY: - / Office of the County Attorney • � N pry.;\ S:\GS\ORDINANCE\07-28 Tourist Development Tax-Repealing& Replacing 03-18 as amended by 05-24.wpd(ARF) V3 -18- Packet Pg.325 11.A.3 t1P-,7 F WE ' FLORIDA DEPARTMENT OT STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Governor Secretary of State October 30, 2007 cu Honorable Charlie Green f= Clerk of Court c Lee County cn Post Office Box 2469 = Fort Myers,Florida 33902-2469 d 0 RI Attention: Marcia Wilson, Deputy Clerk 0° N CO Dear Mr. Green: N a C. -- Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letters dated October 26, 2007 and certified copy of Lee County Ordinance No. 07-28, which was filed z in this office on October 29, 2007. c 0 r to 0 Z. Sincerely, a c to L y4:75, N Liz Cloud yc-` Program Administrator E U as LC/lbh Q DIRECTOR'S OFFICE R.A.Gray Building • 500 South Bronough Street •Tallahassee,Florida 32399-0250 850.245.6600 • FAX:850.245.6735 • TDD:850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX:850.245.6643 850.245.6600 • FAX:850.245.6744 850.245.6700 • FAX:850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX:850.488.9879 850.245.6750 • FAX:850.245.6795 850.245.6270 • FAX:850.245.6282 Packet Pg.326 11.A.3 LEE COUNTY ORDINANCE NO. 09-01 AN ORDINANCE AMENDING LEE COUNTY ORDINANCE NO. 07-28, WHICH LEVIED, IMPOSED AND SET A THREE PERCENT (3%) TOURIST DEVELOPMENT TAX AND ADDITIONAL TWO PERCENT (2%) TOURIST DEVELOPMENT TAX AS AUTHORIZED BY 125.0104(3)(L) AND 125.0104(3)(N), FLORIDA STATUTES; AMENDING AND RESTATING THE TOURIST DEVELOPMENT PLAN; PROVIDING FOR A ONE-TIME TRANSFER OF REVENUE FROM THE BEACH AND SHORELINE TRUST FUND TO THE STADIUM/ATTRACTIONS TRUST FUND; PROVIDING FOR CONFLICTS OF LAW; PROVIDING FOR a SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 0 DATE. co a) 0 ra CO WHEREAS, the Lee County Board of County Commissioners had previously adopted Ordinance No. 07-28, relating to the Tourist Development Tax; and o. WHEREAS, the Board of County Commissioners of Lee County now desires to amend Lee County Ordinance No. 07-28 in order to amend and restate the Tourist Development Tax Plan and transfer revenue from the Beach and Shoreline Trust Fund to fa- the the Stadium/Attractions Trust Fund. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA that SECTION ONE: PURPOSE This Ordinance amends Lee County Ordinance No. 07-28 as set forth herein. The amendments and revisions set forth in the following Sections are hereby adopted, with strike-through type being the language deleted and underlined text being language added. 1 Packet Pg. 327 11.A.3 SECTION TWO: AMENDING SECTION FIVE Section Five of Lee County Ordinance No. 07-28, is hereby amended to read as follows: SECTION FIVE: TOURIST DEVELOPMENT PLAN A. The tax revenues received pursuant to this Ordinance shall be used to fund the Lee County Tourist Development Plan, which is hereby o, adopted as follows: cc 1. The two percent (2%) Tourist Development Tax was a levied throughout Lee County beginning the first day of the month following Nd the referendum. An additional one percent (1%) was levied in March of m 1988. The additional two percent (2%) will be levied in January 2006. The N Tourist Development Tax for Lee County is to strengthen our local economy and advance tourism by investing the revenue in the following priority: LL a) Fifty-three and six-tenths percent (53.6%) of the receipts of the Tourist Development Tax shall be Q placed into a trust fund to be used for tourist CIS advertising and promotion for Lee County. N b) - - - - - =- - - - - - = '. Twenty percent (20%)of the receipts of the Tourist Development Tax shall be placed into the trust fund to be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote ._.. 2 Packet Pg.328 11.A.3' one or more publicly-owned and operated convention centers, sports stadiums, sports arenas, (including funding the Sports Authority Division and the Authority's tourism related activities) coliseums, auditoriums or museums (funds will not be used for any museum general maintenance) within the boundaries of the County and for those other lawful purposes authorized by Section 125.0104(5)(a) 1.,2.,3., RS and (b), 125.0104(3)(l), Florida Statutes, except m as noted in Subparagraph c) below. c) •- • . Twenty-six and four tenths percent Q (26.4%) of the receipts of the Tourist Development Tax shall LL be placed into the trust fund to be used for beach park facilities and beach-related improvements to include but not limited to, beach improvements, fishing piers, maintenance, renourishment, restoration and erosion control, including N shoreline protection, enhancement, clean-up or restoration of 5 E inland lakes and rivers to which there is public access as those . uses relate to the physical preservation of the beach, shoreline, or inland lake or river. B. The above and foregoing Tourist Ordinance may be enacted by an affirmative vote of a majority plus one additional member of the Board 3 Packet Pg. 329 11.A.3 -- of County Commissioners. C. The Plan and Tax shall continue until amended or repealed according to this Ordinance and Section 125.0104, Florida Statutes. Appropriations of the Tourist Development Tax shall be budgeted and approved by the Board of County Commissioners. D. The revenues to be derived from the Tourist Development Tax may be used as authorized herein and Section 125.0104, Florida Statutes. In the event bonds are issued by the County for any of the purposes 0. enumerated by the Tourist Development Plan, the amount of Tourist Development Tax receipts used to pay debt service on such bonds may m exceed the percentages provided for the purpose for which such bonds were N issued; provided, however, the maximum annual debt service on such a J bonds, together with any other obligations of the County which were issued to finance improvements for the same purpose and which are secured by the Tourist Development Tax, must not exceed the stated percentage of Tourist Development Tax receipts provided in the Tourist Development Plan for such r E' purpose, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of E Tourist Development Tax receipts shall be assumed to be the amount provided as such in the County's immediately preceding annual audit, plus, if the levy of such tax was increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the monies the County would have received if the tax increase 4 Packet Pg. 330 11A.3 had been in effect during the entire audit period. E. Trust funds in the amount of 6.6% deposited in the beach and shoreline portion of the Tourist Development Tax on December 9,2008, and thereafter until the adoption of this Ordinance shall be transferred to the Stadium/Attractions Trust Fund. (Balance of Page Left Blank Intentionally) cc t4 m tC Q O N et .r. 5 Packet Pg. 331 11A.3 Commissioner Hall made a motion to adopt the foregoing ordinance, seconded by Commissioner Mann. The vote was as follows: ROBERT P. JANES AYE BRIAN BIGELOW AYE RAY JUDAH AYE TAMMARA HALL AYE FRANK MANN AYE •c DULY PASSED AND ADOPTED THIS 13th day of January, 2009. m tD ATTEST: CHARLIE GREEN BOARD OF COUNTY COMMISSIONERS CLERK OF COURTS OF LEE COUNTY, FLORIDA BY: 01 BY: Deputy Clerk Chair It APPROVED AS TO FORM: .vim(•:" ' o�tJ 'se ir f• Z ` • (Aolkik Z 4-44-1 SEAL ` Office of the County Atto ney N • t4 �+�0e m 09-01 Tourist Development -Amends 07-28.wpd (ARF) 6 Packet Pg.332 11.A.3 gy e W t J FLORIDA DEPARTMENT Of STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Governor Secretary of State January 22,2009 SI c 'E co Honorable Charlie Green a) Clerk of Court Lee County co Post Office Box 2469 Tz Fort Myers, Florida 33902-2469 N co CO Attention: Ms. Christine P. Valencia, Deputy Clerk .,; N Dear Mr. Green: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 15, 2009 and certified copy of Lee County Ordinance No. 09-01, which was filed in 2. this office on January 16, 2009. c 0 0 .a a Sincerely, r•4 Q a ! - x EG T 21, C_QcA,c, Liz Cloud OD c3rn Program Administrator o ----• a Z. '*t nr E TQ c cn LC/srd ....... ' DIRECTOR'S OFFICE R.A.Gray Building • 500 South Bronough Street •Tallahassee,Florida 32399-0250 850,245.6600 • FAX:850.245.6735 • TDD:850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA r, 850.245.6600 • FAX:850.245.6643 850.245.6600 • FAX:850.245.6744 850.245.6700 • FAX:850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX:850.488.9879 850.245.6750 • FAX:850 245.6795 850.245.6270 • FAX:850.245.6282 Packet Pg.333 11`.A.3 LEE COUNTY ORDINANCE NO. 10-31 AN ORDINANCE FURTHER AMENDING LEE COUNTY ORDINANCES NO. 07-28, WHICH LEVIED, IMPOSED AND SET A THREE PERCENT (3%) TOURIST DEVELOPMENT TAX AND AN ADDITIONAL TWO PERCENT (2%) TOURIST DEVELOPMENT TAX'AS AUTHORIZED BY 125.0104(3)(L) AND 125.0104(3)(N), FLORIDA STATUTES;AND NO. 09-01 WHICH PROVIDED FOR A ONE-TIME TRANSFER OF REVENUE FROM THE BEACH AND SHORELINE TRUST ` FUND; AMENDING SECTION FIVE PARAGRAPH D PROVIDING FOR ADDRESSING COUNTY REVENUES TO MEET DEBT SERVICE FOR ISSUED BONDS; PROVIDING cn FOR CONFLICTS OF LAW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVEco DATE. N CD N WHEREAS, the Lee County Board of County Commissioners had previously c adopted Ordinance Nos. 07-28, and 09-01 relating to the Tourist Development Tax; and WHEREAS, the Board of County Commissioners of Lee County now desires to amend Lee County Ordinance Nos. 07-28 and 09-01 in order to provide for County a revenues to meet the debt service for bond issuance. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 0 N COMMISSIONERS OF LEE COUNTY; FLORIDA that: d E SECTION ONE: PURPOSE co w This Ordinance further amends-Lee County Ordinance Nos. 07-28 and 09-01 as set forth herein. The amendments and revisions set forth in the following Sections are hereby adopted, with strike-through type being the language deleted and underlined text being language added. 1 Packet Pg. 334 11.A.3 SECTION TWO: AMENDING SECTION FIVE Section Five, D of Lee County Ordinance Nos.07-28 and 09-01, is hereby amended to read as follows: SECTION FIVE: TOURIST DEVELOPMENT PLAN D. The revenues to be derived from the Tourist Development Tax may be used as authorized herein and Section 125.0104, Florida Statutes. as In the event bonds are issued by the County for any of the purposes cn enumerated by the Tourist Development Plan, the amount of Tourist re Development Tax receipts used to pay debt service on such bonds may N exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the annual debt service on such bonds (less any z projected federal direct subsidy payments), together with any other obligations of the County which were issued to.finance improvements for the 13 U same purpose and which are secured by the Tourist Development Tax, must a not exceed in each fiscal year in which bonds and other obligations are outstanding,the amount of Tourist Development Tax receipts provided in the Tourist Development Plan for such purpose which are projected by the County to be received in each such fiscal year and, in the case of a facility described in. Section Five.A.1.b)• hereof, the revenues projected to be received by the County from the use of such facility in each such fiscal year. For purposes of performing the calculations described in this paragraph, the 2 Packet Pg. 335 11.A.3 amount of Tourist Development Tax receipts shall take into account any projected increase or decrease in such receipts, plus, if the levy of such tax was increased prior to the date of sale of the bonds, an amount equal to the monies the County would have received if the tax increase had been in effect during the entire period in question. The above projections shall be certified 63 by the County Manager 'at the time of sale of the bonds and shall be conclusive evidence of satisfaction of the provisions of this Section Five D. • c CSS .n CD C6 (Balance of Page Left Blank Intentionally) CO N w- O ca N N U co J Packet Pg.336 11.A.3 Commissioner Manning made a motion to adopt the foregoing ordinance, seconded by Commissioner Judah, The vote was as follows: JOHN E, MANNING AYE BRIAN BI.GELOW AYE RAY JUDAH AYE ' TAMMARA HALL AYEea FRANK MANN AYE N 7a DULY PASSED AND ADOPTED THIS 14th day of September., 2010 N t0 ATTEST: CHARLIE GREEN BOARD-OF COUNTY COMMISSIONERS CLERK OF COURTS OF E a LINTY, FLORIDA BY: B : Atii& ' Vii' Deputy P Y Clerk C air .-11., A'-Re ED AS TO ...., ;41 `4.{ FORM: Lz SEAL BY: ► N Office of the County Attorney o t< .. a • » ' qQ 10-31 Amend Tourist Development-Amends 07-28 and 09-01 -Strikeout Removed.wpd (ARF) 4 Packet Pg.337 �x�sir 11.A.3 FLORIDA DEPARTMENT Of STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA DAWN K. ROBERTS Governor Interim Secretary of State September 16, 2010 a� C5 I Honorable Charlie Green 0 a Clerk of CourtN rn Lee County 4� Post Office Box 2469 o car; N Fort Myers, Florida 33902-2469C.10 tO .Q m Attention: Ms. Kathleen A. Motz, Deputy Clerk C" N C. Dear Mr. Green: z Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your .771 letter dated September 14, 2010 and certified copy of Lee County Ordinance No. 10-31, which was filed in this office on September 15, 2010. c t6 Sincerely, ((\ l~ CIZ/v1/4.. Liz Cloud Program Administrator LC/srd DIRECTOR'S OFFICE R.A.Gray Building • 500 South Bronough Street•Tallahassee,Florida 32399-0250 850.245.6600 • FAX:850.245.6735 • TDD:850.922.4085 • http:/ldlis.dos.state.tI.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600• FAX:850.245.6643 850.245.6600 • FAX:850.245.6744 850.245.6700• FAX:850.488 4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812• FAX:850.488.9879 850.245.6750 • FAX:850.245.6795 850.245.6270 • FAX:850.245.6282 Packet Pg.338 11A.3 0) Ct c a Attachment E I N RS N tC V .Q t4 N O t6 Packet Pg. 339 11.A.3 tAf L(UCJSes a FORT MYERS SANIBEL Lee County 2009 Spring Training Study C) C N t6 m Prepared for: C;; CO Lee County Visitor and Convention Bureau 113LL O f6 Prepared by: Davidson-Peterson Associates N A Division of Digital Research, Inc. cp 201 Lafayette Center E Kennebunk, ME 04043 davidson peterson associates prnvidmq d,,than-m tmvcs&taunsn i1 Packet Pg. 340 11.A.3 1 y ss�P�h9 1.0 Introduction 2 2.0 Executive Summary 5 3.0 Demographic Profile of Spring Training Attendees 7 4.0 Trip Profile 12 ,^ 5.0 Ballpark Experience 19 .- 6.0 Spring Training Visitation Patterns 21 7.0 Economic Impact of Spring Training Visitation 27 m O LL O t4 .Q 0. r C f4 N O • C t9 Lee County 2009 Spring Training Study May 2009 dovidson Peterson o sboclote5 a mvlaF"�ip+f�rat� »�f�3ecr,�;&.iov�ahrr Packet Pg.341 11.A.3 2 Jtibilifttion Background Lee County now hosts two teams for spring training—the Boston Red Sox at the City of Palms Park and the Minnesota Twins at the Lee County Sports Complex/Hammond Stadium. By 2012, the Red Sox will have a new stadium in Lee County, leaving the City of Palms without a major league team. In order to determine whether a third team will be recruited, it is important to understand how much the attendees of the current two teams' games contribute to the Lee County economy. It is toward that end that this study is directed. a� c Research Objectives The goal of the study reported here has been to assess the impact of spring training attendees on Lee County's tourism revenues. The major league teams contribute in many other ways to the Lee County c economy—housing and food for players, coaches and office personnel in residence in Lee County, m expenses for reporters and their media support staffs for covering spring training games and their players, Csi etc. However, a major impact on Lee County is the contribution of those non-residents who attend the spring training games. The purpose of this study is to estimate the impact of these visitors. In meeting that goal, the following objectives have been addressed: z ❖ To estimate the number of non-year-round residents attending spring training games/practices in Lee County and the amount of money they spend in the process; Cu ❖ To examine the number of visitors and money spent by those in Lee County primarily to attend spring training; To explore the role of spring training on attendees' initial visitation, repeat visitation and home purchase in Lee County; C? N CI To profile the visitors attending spring training and their trips to Lee County; and N ❖ To compare and contrast the profiles and impacts of the two teams now holding spring training in Lee County. C.) Lee County 2009 Spring Training Study davidson May 2009 Peterson associate:: p a�q irat. n a4, &...wsm Packet Pg.342 11.A.3 3 Methodology Data Collection In order to examine the contribution of spring training attendees to Lee County, Davidson-Peterson Associates conducted on-site interviews with a sample of non-resident attendees at all home games in the County as well as seven Red Sox practices and one Twins practice. A total of 1160 interviews were completed—589 with those at Red Sox games and practices and 571 at Twins games and practice. An average of 15 interviews were collected each practice and 25 to 37 per game. a� c Interviewers were stationed in specific locations where they would be able to stop and speak with a sample of attendees. A single adult individual from a travel party would be stopped and asked if he/she I- rn were a resident of Lee County for more than six months per year. He/she was then asked how many members of the party were residents/non-residents. If any individuals were non-residents, an adult(over cn 18)would be invited to participate by completing a questionnaire. 2 N m Copies of both the screening form and the self-administered questionnaire may be found in the appendix to this report. I- Data Processing �-- Completed questionnaires were sent to Davidson-Peterson Associates for processing. First, they were U- checked for completeness and incomplete questionnaires removed. Then, the coding department scanned the questionnaires into a data base. T a 0. Upon completion of the basic data processing, estimates of total expenditures by non-resident attendees at the Twins and Red Sox events were calculated, individually and combined. To do so, we weighted our co data by total attendees minus the proportion of resident attendees estimated by responses to the screening questionnaire. N a1 U fC w Qw Lee County 2009 Spring Training Study May 2009 dgvidson peterson ossocictes prewldisp drr&,&on,n,!O&r*.+c....r... Packet Pg. 343 11.A.3 4 The table below shows total usable interviews, and the proportion of resident and non-resident attendees as calculated from the screening questionnaires. Total Red Sox Games Twins Games Usable questionnaires 1,154 483 550 Residents 27 27 28 Non-residents 73 73 72 Total attendees* 264,104 134,515 129,589 c *.c An additional 121 interviews were conducted at practices (106 at Red Sox practices and 15 at Twins Practices), accounting for the remainder of the 1,154 usable interviews (483 + 550 + 121 = 1,154). Using the estimated total non-resident expenditures by spending category, economics consultant Dr. William Schaffer, Georgia Tech University, calculated the impact of these expenditures on Lee County using an input/output model specifically created for the County. N *Note: Attendance data provided by the Boston Red Sox and Minnesota Twins. a 0 w c� l4 N N c CD Lee County 2009 Spring Training Study May 2009 davidson junk Peterson flssociote p ewonq eHrbncon m lrtN&E know, Packet Pg. 344 11.A.3 5 I ummary The goal of the study reported here has been to assess the impact of spring training attendees on Lee County's tourism revenues. The major league teams contribute in many other ways to the Lee County economy— housing and food for players, coaches and office personnel in residence in Lee County, expenses for reporters and their media support staffs for covering spring training games and their players, etc. However, a major impact on Lee County is the contribution of those non-residents who attend the spring training games. rn From the period beginning on February 18, 2009 and ending on April 4, 2009, Davidson-Peterson 'c Associates conducted on-site interviews at spring training practices and games in Lee County. A total of 1,154 usable surveys were completed during that time period, with 483 at Red Sox home games, 106 at = Red Sox practices, 550 at Twins home games, and 15 at Twins practices. The results of these cn questionnaire responses were analyzed to gain insight into the people who attend spring training games and their economic impact on Lee County. ai Hosting spring training activities has a positive impact on the Lee County economy. Visitors to the Fort Myers area attending Spring Training contribute more than $47 million to the Lee County economy. This includes more than$12 million spent shopping and more than $11 million on food and beverages. These dollars represent a conservative estimate that does not include spending at the parks or on tickets, as these expenditures tend to stay with the teams themselves. Also excluded is spending during the weeks in February where teams are practicing but not playing games in Lee County. Spring training activities are an important draw in influencing travelers to choose to visit Lee Q County. More than half of those attending spring training activities came to the Fort Myers area for the E primary purpose of attending spring training (57%). An additional one in ten consider spring training to be N either absolutely essential or extremely important in deciding on Lee County as a destination for their trip N (11%). »� a, E The expenditures of only those visitors who identify spring training as the primary reason for their trip, or that spring training is either absolutely essential or extremely important account for more than $41 million—the majority of the total dollars spent by spring training attendees. The economic impact of expenditures on Lee County is substantial. As a result of the$41 million spent by those in Fort Myers because of spring training, there is a total impact of 863 jobs, $21.0 million in household income, $2.3 million in local government revenue and $4.4 million in state government revenue supported by these expenditures. Lee County 2009 Spring Training Study d May 2009 ovidson Peterson associates trr�bdirt:d,re�aan,01fUW h,cn, Packet Pg.345 11.A.3 6 There is an interesting dichotomy with length of stay among those attending spring training in Fort Myers. A sizable proportion of those attending spring training are day trippers(27%), although this group is balanced by the large number who are staying in the Lee County area for longer periods of time. Not surprisingly, given the number of both day trippers and those staying longer, spring training attendees are more likely than general visitors to arrive in a personal vehicle and less likely to fly to the Fort Myers area. Importantly, most of those staying overnight in the Fort Myers area to attend spring training stay in paid accommodations, including many who stay in hotel/motel/resort lodgings. o) c Spring training attendees are often frequent visitors to the County. More than half of those attending spring training games and practices in 2009 had been to spring training in Fort Myers previously. Also E— a) significant is the fact that most plan to return to spring training both next year and in future years. Spring training attendees also visit Lee County during other times of the year. Although spring .2 training is often the reason for a visit to Lee County during March,with more than half saying spring training m is the primary reason they first came to Lee County during spring training, about half also plan to visit Lee County at other times of the year both next year and in future years. Spring training activities draw in visitors who are fans of the home teams as well as fans of baseball in general. Not surprisingly, a strong majority of those attending spring training in Fort Myers are fans of the two teams located in Fort Myers, the Boston Red Sox and the Minnesota Twins. Nearly all of those attending consider themselves to be baseball fans,with nearly all identifying themselves as at least casual fans. c r I- N w a1 is L U tC w w Q Lee County 2009 Spring Training Study aovidson May 2009 Peterson associates powdlora drceMmn dry Iectv6 d kNo,r• Packet Pg.346 11.A.3 7 � f:Spring Training Attendees Not surprisingly, three out of four spring training attendees in Lee County are fans of one of the teams located in Fort Myers, the Boston Red Sox or the Minnesota Twins. About half of the spring training visitors to Hammond Stadium and City of Palms Park identify themselves as Red Sox fans. Four out of five of those attending games at City of Palms Park are followers of the home Boston Red Sox, with a similar pattern at Red Sox practices. o, 'E At Hammond stadium, home of the Minnesota Twins, only about half identify themselves as fans of the home team. c a U) Fan Profile to ca N 100% 90% 81%84% D-� 80% 70% ii 60% 54% 48% 50% 41 40% pp 30% =.3 2 8/° 27% 21% 15% 20% 13% s. co10°A vikeo ti; 3% 3%1% 1% 5% • �" 2% 1% 5% 2% Red Sox Twins Both Red Sox and Another team No Particular Team Twins = E Total (n=1154) Red Sox Stadium(n=483) Red Sox Practice(n=106) &Twins Stadium(n=550) Q1. Which Major League Baseball team(s)do you follow most closely? Lee County 2009 Spring Training Study davids�n May 2009 peterson assaeiotes Packet Pg. 347 11A.3 8 The people who are choosing to attend spring training games in Fort Myers and follow a specific team are people who tend to be real fans of the game of baseball. Not surprisingly, the vast majority of those attending spring training that follow a particular team consider themselves to be at least casual fans(92%),with two thirds ranking themselves as die-hard fans or fanatics(67%). Type of Fan F- a� 0. 100%- 90%- C, 80%, to CO 70%- N 60%- 50% 53% t0(Ni 49% 50%- 5% 40% • ^� 27% 25% 0 29% Q 30%- 23% 17%9% 1% Z 20%- 13% u- • ` '44 4%4% 0 5% o 0 3%3% 0 0 0 0 10% f • 1% .._ 2/0 2/0 1/0 1/0 2/0 1% Fanatic Die-Hard Casual Fan Occasional Fan Slight Fan No Answer QQ' Total(n=1132) I Red Sox Stadium(n=477) Red Sox Practice(n=101) Twins Stadium (n=539) ti C9 N Q2. What type of fan would you consider yourself?(asked only of those choosing a team in Q1) N m E n Ca Lee County 2009 Spring Training Study dovidson May 2009 peterson fdP ossociotes c+.rp,t oar 6ror+fl.c.rrave3 flfl! Packet Pg.348 11.A.3 9 While spring training attendees tend to be older than the March visitors encountered in Lee County's ongoing monthly Visitor Profile Survey(46.9), part of the explanation is the number of 18 to 22 year old spring break visitors found on the beaches of Lee County during the month of March. Spring training visitors(52.7)are closer in age to the average winter Lee County visitors' age of 51.3. Those who attend Red Sox practice are younger(46.8 on average)than are those who attend Red Sox games(51.8). This is not surprising as Red Sox practices take place in February, when many northeastern states have school vacations. Those attending games at Twins stadium tend to be older than those attending Red Sox home games. Average party size is three, which is similar to what we find in the monthly study, although parties .1 attending baseball games and practices tend to include slightly more children under 18 than do general Lee County visitor parties. O. Cl) Estimated mean household income for spring training visitors is similar to that among the general 2 population of March visitors. Those attending Twins home games have a slightly higher mean household income than do those at City of Palms Park, which may be a function of their slightly older age. "43 Demographic Profile Ci.hae4009' VAP-40.04:044.;,...4 r4# Ti ;�,am..edSo � ' ..i ons, 74..k 7 r0617 :-. Tag P . Mk , 5 r 1i', . 22 .** ( 1 r4KF483). (n106) t4/01#5500* Age Average 46.9* 52.7 51.8 46.8 54.5 °• a Travel Party Size Average 2.8 3.1 2.9 3.5 3.2 N Children (under 18) Average# .3 .5 .4 1.1 .5 Household Income Estimated Mean $93,815 $93,889 $92,146 $92,241 $96,166 4 Q25. What is your age please? Q8. Including yourself, how many people are in your immediate travel party on this trip to the Ft. Myers area, whether or not they are here watching baseball today? Q9. How many of those people are children under 18? Q26. Which of the following categories includes your total annual pre-tax household income? *Note: March age figures tend to be lower than other winter season months due to spring break attendees visiting the beaches. The average age of winter visitors from January-March for 2009 is 51.3. Lee County 2009 Spring Training Study May 2009 t)ovidson mei peterson Packet Pg. 349 11 'A.3 10 Not surprisingly nearly all attendees at spring training in Fort Myers hail from the United States (98%). It is also not surprising that seven out of ten spring training attendees are from either the Midwest(37%) where the Twins play or from New England (33%)where the Red Sox play. Attendees are also frequently from the home states of the two teams based in Fort Myers -- Minnesota (23%)and Massachusetts (18%). Each team's home stadium is more likely to be filled with visitors from their home region, with Hammond stadium hosting visitors from Minnesota and the Midwest and City of Palms Park filling up with visitors from Massachusetts and New England. c 4.. + . s> e o ins :. • .•." -fs, x .,.,a.t ... „. r 50n0xo 4 nF4�x t .44n., ' Region '.. 2 United States 83% 98% 98% 97% 97% Canada 9% 2% 2% 3% 2% pp New England 21% 33% 55% 66% 9% m Midwest 47% 37% 12% 4% 63% 4-6 Massachusetts 11% 18% 30% 38% 3% Minnesota 12% 23% 2% -- 45% z Q27. Are you currently a resident of: _ I f4 Lee County 2009 Spring Training Study dovidson May 2009 peterson osso:!ores Packet Pg. 350 11.A.3 11 Half of those attending spring training games in Ft. Myers come to the area only for spring training (46%). One-third of visitors also visit Lee County at least one time each year(32%). Typical Frequency of Visiting Fort Myers 52% 46%48% Si 43% c C ci H d) 23% c 18% Q, 17% 17% 14%3% 15% 15%15%17%16% .n 4 3% 3% 4% 1 4%3% 5% o co 3 .. More than once a Once a year Every other year Less than every Never,I only visit No Answer ccoo year other year for spring training N LTotal (n=11 54)I Red Sox Stadium (n=483) Red Sox Practice(n=106) r, Twins Stadium(n=550) Q24. How often do you visit the Ft. Myers area when spring training is not being held? z LI" c 0 c. Q w c m N e- 0 N 4.c d V R y Q Lee County 2009 Spring Training Study May 2009 davidson Peterson er absactotes nrsv;dnryr.tfikc4yn,n xav'C.�.,:,.. Packet Pg.351 11.A.3 12 r- �- r Ie A majority of attendees of spring training games come to Lee County for the primary reason of attending spring training. Red Sox attendees are more likely to come for the primary reason of spring training (64%) than are the Twins attendees (50%). Purpose of Trip ! Fey n'hk {Ay, E G § fir` C ; '6> ' � f�"r-.'4i � 7 '�'!6, F� it; ' f'- To attend sarin• trainin• N/A 57% 64% 58% 50% Leisure/•leasure tri. vacation 87% 25% 18% 10% 33% Visitin• friends/relatives 38% 13% 14% 23% 11% rn Personal Business 1% 1% 1% 3% 1% Business Tri• 1% 1% <1% -- 1% cc Convention/Trade show/Conference N/A -- -- -- -- No Answer -- 4% 4% 7% 4% m N Q11. What is the primary reason you came to the Ft. Myers area on this trip? Please check only one response. N (Note:for the monthly visitors survey more than one selection is allowed) -- J � Q o. co N CD s c) ca Lee County 2009 Spring Training Study May 2009 david son junk peterson ossoc_lotes Packet Pg.352 11.A.3 13 Spring training is regarded as an important factor in attendees choosing Lee County as a destination for their trip, even if it was not the primary factor. Only two percent say that spring training was not at all important in choosing to come to the Ft. Myers area, while two out of three list spring training as either the primary reason for the trip, or absolutely essential or extremely important. 100% ks - 80% Primary Reason A. - ; s Absolutely essential a is Extremely imporant RI it 60% Important a) C An added bonus a FN _r Not at all important 40% „, .a I11111 0 _ 11% As CO 10% '_ .. N 20% 7°1° 10% u 26% 2010 15% 12% �., 0% Z Total Red Sox Stadium Red Sox Practice Twins Stadium I (base=1,154) (n=483) (n=106) (n=550) c .T73' Q12. When selecting the Ft. Myers area as your destination for this trip, how important was attending spring training events to your decision? a a Q w C co 6 N e- 0 N :IE:;C o E .c U 2 w Q Lee County 2009 Spring Training Study dovidson May 2009 Peterson associates imir OremdHrp Arcs.trnn,;Muvw?'S 1C.Y;ric;, Packet Pg.353 11.A.3 14 A majority of attendees purchase their tickets for spring training games before leaving home for the Ft. Myers area. Far fewer purchase tickets on the day of the game (14%), further evidence that attending games is an important part of the trip that is planned for in advance. 71% 61% 63% 65% 'c CC 21% j013% �" 14%14%14%14%1% 8% h 6% 40/ co . 1% 1% 1% 1% 0 1% CG F c i i O Before leaving home After arriving in the Today Attending practice- No Answer for the Ft. Myers Ft Myers area, did not have to area before today purchase tickets N ;Total (n=1154) Red Sox Stadium(n=483) Red Sox Practice(n=106) Twins Stadium(n=550) 0. Q3. When did you purchase tickets for this game? 0 C7 N f4 Lee County 2009 Spring Training Study clovioson Peterson dI Ma2009 osso lutes Packet Pg.354 11.A.3 15 About one quarter of spring training attendees are day trippers(27%). The balance spend at least one night in the Fort Myers area (73%). Including all spring training tourists, an equal number stay for five nights or more (51%)as stay less than five nights in the Fort Myers area (49%). Nearly one in five will stay in the Fort Myers area for more than two weeks (17%). This sizable cohort of longer-term visitors drive up the mean length of trip (14.8)considerably over the March 2009 visitor profile figure (8.2), even with the high number of day trippers included. Length of Trip(including day visitors) Mean March 2009: 8.4 50% Total: 14.8CD Red Sox Stadium: 13.6 40%,- Red Sox Practice: 10.7 a, Twins Stadium: 16.5 32% G a 30%' 27% 27% 26% 27% 23/0 ° 0 21% .0 20% 19% 18%17% 18° co11 14°/0 10% ° 13% 15%13%12% 11%12% 11% #� 13°lam 10`/0 8% 6% 9% 56, 0 Nights (Day 1-2 Nights 3-4 Nights 5-7 Nights 8-14 Nights More than 14 Trip) Nights Total(n=1154) ■Red Sox Stadium(n=483) Red Sox Practice (n=106) Twins Stadium(n=550) o V Q13. In total, how many nights do you plan to stay in the Ft. Myers area on this trip? a *Note: Means are skewed upwards due to respondents who visit for the season(i.e.for over 30 days). Means Q including day trippers are: March 2009 Visitor Profile—8.4 days;Total Spring Training—14.8 days; Red Sox Stadium- 13.6 days;Twins Stadium—16.5 days. co CD N N is V t4 .r+ Lee County 2009 Spring Training Study clovic)son May 2009 dp Peterson assa;:iaies {5- CN.'C�a to.jL,IC.via Packet Pg.355 11.A.3 16 Of those spring training attendees staying overnight in Lee County during their visit, seven out of ten stay in paid accommodations (70%), with nearly half staying in a hotel/motel(43%). One in four stays in unpaid accommodations (28%), primarily in the home of family/friends(20%). Half of those attending games in City of Palms Park stay in a hotel/motel,while those attending Twins games at Hammond stadium staying in paid accommodations are more split between staying in a hotel/motel or a rented vacation home/condo/cottage. "" l- ,,,,,,,,It,,,i# * l 0V' ea e f • %$� ,mo" , : Paid Accommodations (NET) 67% 70% 73% 63% 68% E. Hotel/Motel 24% 43% 50% 38% 37% Ta Vacation home/condo/cottage you rented 27% 18% 14% 13% 21% 0 Resort 15% 6% 6% 10% 6% rl RV park/campground 2% 3% 3% 3% 3% 00 Free Accommodations1NET) 32% 28% 25% 35% 30% Home of family/friends 28% 20% 19% 29% 19% N Vacation home/condo/cottage you own 1% 7% 5% 4% 10% Vacation home/condo/cottage you borrowed 3% 1% <1% 1% 1% .. '" No Answer 1% 2% 2% 3% 2% z Q14. While in the Ft. Myers area,will you be staying overnight: c 0 w Ct C.) .Q 0. w c as 6 N O N i c d E .c o ra < Lee County 2009 Spring Training Study Mdavidson May 2009 peterson or OSsz)::I,te: Packet Pg.356 I1.A.3 17 Although some spring training visitors stay in most parts of the county, they are most likely to impact Fort Myers. A majority of those spring training attendees who are overnight visitors stay in Fort Myers, (53%) with Fort Myers Beach the next most popular option (16%). -;,\t-,,Q s e tl F _ .. z'Y' n tea.= z' C) cti Fort M ers 53% 58% 42% 49% { c 'E Fort M ers Beach 16% 12% 13% 20% Bonita S•rin.s 70/0 6% 7% 9% F' Case Coral 7% 7% 14% 6% c North Fort M ers 6% 7% 7% 4% c Sanibel & Castiva Islands 5% 4% 10% 6% m Lehi* Acres 2% 1% 3% 2% 2 Pine Island 2% 3% 3% <1% CO co Estero 1% <1% -- 2% m Boca Grande&Outer Islands -- __ -- tan, Outside of Lee Count -- N No Answer 2% 1% 3% 2% N Q16. Where in the area are you staying? +� z c 0 U Q a .. re tL^ V N O N c d E .c C) 2 Q Lee County 2009 Spring Training Study May 2009 tjavicjson (0eterson 1 sso: icre: Packet Pg. 357 11.A.3 18 Half of those attending spring training games fly to the Fort Myers area (50%). Not surprisingly given the greater concentration of both day trippers and longer-term visitors, four in ten travel to the area by driving a personal vehicle (39%), more than is true for the typical Lee County March visitors. or9 v ar��� �� _, * � Re lltflfS sTa1YT� ct allium Fly 65% 50% 49% 34%ok n7- 55% (73 Drive a personal vehicle 29% 39% 40% 51% 35% Drive a rental vehicle 2% 2% 2% 7% 7% 13% 6% Drive an RV N/A 1% <1%1% 2% 2% Travel by bus 2% 1% 1% -- 1% Other/No Answer -- 2% Q17. How did you travel to the Ft. Myers area?(indicate PRIMARY MODE of transportation ONLY. Please 2 mark only one). N N N w- _ J Z L 0 t4 U a CL. C9 N N C d f4 dovidson Lee County 2009 Spring Training Study O sso;:1w95 May 2009 Peterson P a�•e*., c.rv�r e a.... Packet Pg.358 11.A.3 19 n a1IparkvExperience The average party size for trips to watch spring training is three. About half of those attending the games do so in pairs, although for practices, slightly larger groups are more common. Only about one in ten is traveling to watch baseball in a group of six or more. Number of people in party c I- 60%1 53% 50%-i 46% 44% - 40%- d N 30% 280/ ca 25% m t422% 40- to 20%- 17% 18% 15% 14% 14% 15% i 9% 8% 11% lP--.10•/ 8% 7°/9/0 7% 'kcal 1 6% 0 6% 6% 6% s. 0% „ r" L • 4 ��` r r 1 LL 1 2 3 4 5 6ormore c 0 w Total (n=1154) ig Red Sox Stadium(n=483) Red Sox Practice(n=106) Twins Stadium(n=550) 0- 04. Q4. Including yourself, how many people in your party came out to watch baseball today? cca 0 N C71 O N 4- d E t 4- w Lee County 2009 Spring Training Study May 2009 dovidson peterson ssa.i ares Packet Pg. 359 11.A.3 20 The typical game attendee spends nearly$50 per person while attending the game. While spending on food and beverages is nearly equal, those attending Red Sox home games tend to spend more than those attending Twins home games, particularly for tickets and souvenirs. - -. tadium tadiu a ,r6. -T. Ste ° t,nd eSt ? +i TOTAL $49.04 $56.40 $43.25 c Tickets $25.98 $28.97 $23.63 Programs $1.04 $1.16 $0.94 a) Food and Beverages $10.73 $11.23 $10.35 Souvenirs $9.93 $12.57 $7.86 _ m Other $1.37 $2.46 $0.51 _ m t0 m N CO 44*N 0. Z L 0 ca C) 0. 0. N O N d C) t6 Lee County 2009 Spring Training Study Maovidson May 2009 Peterson SSCTCICR Packet Pg.360 11.A.3 21 k a ring Visitation Patterns Many who attend spring training games and practices take advantage of the opportunity to watch baseball on more than one occasion. In fact, for each type of event, visitors are just as likely to have attended or plan to attend more than once as they are to be making just one visit. Total prior and planned visits to spring training in 2009 Z3 .0 Cs 29% 28% i- 27% 24% a cn 14% C2 12°/ 11% reOne Event co 8% 8°!0 9% More Than One Event m 0 5/0 3% .More N w Red Sox Red Sox Red Sox Twins Twins Twins gyp_. Home Practice Away Home Practice Away Game Game Game Game k_ L n=1154 c 0 Q5. Including today, how many times during this visit to Florida have you attended the following: ci 06. Not including today, how many times during the remainder of your visit to Florida, do you plan to attend the a following: Q. Q w C co C9 N r O N C d C L V c4 w Q Lee County 2009 Spring Training Study d May 2009 avidson peterson dl' Packet Pg. 361 11.A.3 22 — Spring training is a tradition for some visitors, with half of those attending spring training in 2009 having also attended in previous years (55%). Among the 45%who made their initial trip in 2009, about one quarter(26%) say they definitely plan to return next year, twice as many as say they will definitely or probably not return next year(13%). First visit to spring training in Fort Myers 50% 47% 45%45% 44% 40% C 1. H 30% it Cs C 22% n 19% 18% k , Cn 20% 16%15%15% 17% 16% 12% 12%10% 11% 10% 11% d 10% 8% 10% �' "' w • - ,• 0% i �''. ` �. � ` a ' Coa r• x V. 1991-1995 1996-2000 2001-2005 2006-2008 2009 a --N E Total (n=1154) 18 Red Sox Stadium(n=483) Red Sox Practice(n=106) :n=Twins Stadium(n50) a J Q Z Q19. In what year did you first attend a spring training game or practice in Ft. Myers? u_ 0 w U .Q o. Q r c (Ts C5 N e- 0 N r C d E U l4 w Q Lee County 2009 Spring Training Study dovici5on iip May 2009 Peterson OSsoc o1es p+ariainPM+:v;.sn,t fl,v?h.ia.,rsrc. Packet Pg. 362 11.A.3 23 Regardless of the year, more than half(57%) made their first visit to Lee County during spring training for the primary reason of attending spring training events. Primary Reason for First Trip to Fort Myers during Spring Training 70%- 63% o 57% 60/o 60%- 52% 50%- 45% 39% 39% 40% 33% 30% j f4A20% p • 10% .L 1% 1% 1% 1% 2% 3% 3% i4 fmrt Yes No Can't remember No Answer m N t Total (n=1154) Red Sox Stadium (n=483) Red Sox Practice(n=106) Twins Stadium (n=550) m N Q20. That first year,was spring training the primary reason you came to the Ft. Myers area? N 2 U- 0 rz U 0 0 0 N d V l4 Lee County 2009 Spring Training Study clovidson May 2009 dip peterson OSSOC1Otes k�tl[tp IIRC iM nr Ys{Jg��t�.viR.. Packet Pg.363 1 tA.3 24 Those attending spring training are likely to say they will return to Fort Myers for spring training both in the next year and in future years. About seven in ten either definitely or probably will return next year(69%) and in future years (69%). Intent to return for spring training next year 100% Definitely will return 80% Probably will return a� c 60% n ' `' Might or might not Fa F d' Probably will notc 40% return >Z rh r Definitely will notcis ._l .�� return a, 20% 23% w CU 20% 19% 14% M 6% 6% 7% 7% CO et o 0% o o - °. N Total(base=1154) Red Sox Stadium Red Sox Practice Twins Stadium IS (n=483) (n=106) (n=550) 0- -J Q22a. How likely are you to return to the Ft. Myers area for the primary purpose of attending spring training... Z Next Year(2010) Intent to return for spring training in future years o 0 :r"; a Definitely will return a Q w 80% Probably will returnP. N C. 60% av t Might or might not N f �s� :r cr � �` d PKC 0 i4.4 '.:Probablywill not E 40% «w . La, :.� 29a/n 1 maik. co , I fit °e 22% t ��...L:, r'' 1 . Definitely will not Q 20% o return 19% i 17% 21/0 12% Total(base=1154) Red Sox Stadium Red Sox Practice Twins Stadium (n=483) (n=106) (n=550) Q22b. How likely are you to return to the Ft. Myers area for the primary purpose of attending spring training... Beyond Next Year(2011 and later) Lee County 2009 Spring Training Study davidson Alio May 2009 peterson associates Packet Pg.364 11.A.3 25 Those attending spring training are often also visitors to Lee County at other times of the year. Half say they either definitely or probably will visit Lee County for reasons other than spring training both next year (50%) and in future years (51%). Intent to return at other times of the year—next year 100% - s Definitely will visit 80% - `;Probably will visit a> tfit Might or might not 60% - € H Probably will not visit 0 _ 19% a 40% 21% 18% 23% Definitely will not visit Cl) a) 20% - 23% cy4 20% 22% 18% N 0/0 7% 10% 7% 6% N 0 Total(base=1154) Red Sox Stadium Red Sox Practice Twins Stadium (n=483) (n=106) (n=550) 9... Q23a. How likely are you to visit the Ft. Myers area for reasons other than spring training? Next Year(2010). 0 U 0. G t4 0 N a7 r.. Lee County 2009 Spring Training Study daviCson May 2009 peterson peso:gate. d/Ui.sthl el Yf,Vw 4 S Packet Pg. 365 11.A.3 26 Intent to return at other times of the year-future years 100% - •Definitely will visit 80% - is✓ Probably will visit 4^ Might or might not of Crxc 40% - 22% Probably will not 23% 19% visit f 24% Cf Definitely will not 20% - ° visit 17% 20/0 21% 15% fC 0% 5%` 7%0, 4% 4% Total(base=1154) Red Sox Stadium Red Sox Practice Twins Stadium (n=483) (n=106) (n=550) CO Q23b. How likely are you to visit the Ft. Myers area for reasons other than spring training? Beyond next yearCV (2011 and later) t5-2. z U- 0 U Q a N O N d i= _r V Rt r Lee County 2009 Spring Training Study May 2009 doviclson .10 l' osso:;lore; Packet Pg.366 11.A.3 27 ''.';::::1.,i,:_-:0711:4!'; iA prspring Training Visitation ` On average, spring training attendees spend $148.89 per person per day including expenditures at the park. Those attending Red Sox home games at City of Palms Park tend to spend more money per day than those attending Twins games at Hammond Stadium, particularly in the areas of food and beverages, liquor purchases, other evening entertainment, gaming, licenses/registrations/permits and sweepstakes tickets. Those attending Twins games tend to spend more money per person per day on cultural performance admissions. a, 'E .it] i. -4 WPte, +erage pejaditui esv a rs veer m, RC1 A s ,l x R. .�'k' , %.,..1.4.t. p1•ng rai 1nlg � •,-: Shopping $27.30 $28.36 $26.58 m to Food and Beverages $22.36 $24.43 $20.92 m Lodging and Camping Accommodations* $15.20 $15.56 $14.95 N Ground Transportation $11.88 $13.69 $12.82 a Liquor Purchases $3.84 $4.76 $3.20 Other Evening Entertainment $3.62 $4.97 $2.68 �" Popular Events Admissions $2.94 $3.12 $2.82 Sport Fees $2.88 $3.02 $2.79 Z Gaming $2.32 $3.20 $1.70 c Cultural Performance Admissions $2.24 $1.83 $2.52 v Other Sightseeing/Attractions $1.62 $2.04 $1.32 •E. Licenses/Regist./Permits $1.31 $2.20 $0.70 Q Sweepstakes Tickets $1.23 $2.24 $0.53 Historic/Cultural Site Admissions $0.92 $1.26 $0.68 C. All other $0.18 $0.09 $0.25 Z:-.) Out of Park Total $99.85 $110.77 $94.47 r' In Park Total $49.04 $56.40 $43.25 a TOTAL E $148.89 $167.17 $137.72 _c *Note: The lodging and camping accommodations per person per day average expenditures are much '° lower than those reported in the March 2009 Visitor Profile and Occupancy Analysis. This is a result of a t large number of spring training attendees not staying in paid accommodations, as well as many staying in rented Condo/CottageNacation Homes for seven nights or more at a lower rate. Lee County 2009 Spring Training Study May 2009 covicison dp Peterson Packet Pg.367 11.A.3 28 The average per-person-per-day expenditures can be be used to calculate total Lee County expenditures made by spring training game attendees during their total trip. These figures exclude expenditures made at the stadium and on tickets, as the vast majority of that spending goes directly to the teams. Additionally, these figures are only calculated for spring training games, and therefore exclude all spring training expenditures for the time when the teams are practicing in Fort Myers prior to games being played. The calculation of total expenditures requires multiplying the per-person-per-day expenditures by the number of game attendees, and by a factor for the amount of time spent in Lee County per game. "c13 :c CC For those who do not consider spring training to be a primary or important purpose for their trip, F= a) we only include one day of the trip expenditures—game day. a For those who consider spring training to be a primary purpose, or consider it to be absolutely _a essential or extremely important in selecting the Fort Myers area,we calculated the average trip ea length per game that can be attributed to spring training expenditures. •• N CD o First,to avoid attributing the entire trip to spring training for those spending more than 30 days in Lee County, an average trip length is calculated using individual trip lengths capped •a at 30 days. o Second, it is also important to account for the fact that team attendance figures are not able to identify those visitors who attend multiple games. Since many indivuduals do attend multiple games, we divide the calculated average trip length by the average U number of games attended to generate an estimate for the average trip length per game fl, attended (in days). ❖ Multiplying spring training average trip length per game attended by the per-person-per-day expenditures and the total attendance allows us to calculate total expenditures for all those Cs1 attending games. v The table on the following page presents these calculations. Lee County 2009 Spring Training Study May 2009 oovidson Peterson assoc, sn. Packet Pg.368 11.A.3 29 414-1,,: tea :t;;: "3 'a q AFAS." 4 g�..r -.,**.A.';':% a -4 c z `-? asz98� alt j ,,';' - - 1-1 CIIZU k.,z fi¢i .e' _ HJT+§- _off , ,yy������� ,.,. .$ ig .E i at4-64ni'n i , Ia4nt ?0-e a - dilig Red Sox(Spring Training Primary Reason) 72,577 7.86 3.20 2.46 $ 119.13 $ 21,236,978 Red Sox(Other Primary Reason) 26,383 1.00 $ 101.05 $ 2,666,002 Red Sox Total 98,960 $ 23,902,980 Twins (Spring Training Primary Reason) 56,714 8.51 2.49 3.42 $ 104.89 $ 20,330,805 Twins(Other Primary Reason) 38,285 1.00 $ 82.46 $ 3,156,981 Twins-Total 94,999 $ 23,487,786 iii c Note 1: Attendance data provided by the Boston Red Sox and Minnesota Twins. •_ es It Note 2: For the purposes of estimating attendee expenditures, average trip length(in days) is calculated c using individual trip lengths capped at 30 days so that not more than 30 days of an individual's trip is c attributed to spring training among those who stayed in Lee County longer. c. Ta Overall, Red Sox and Twins game attendees in Lee County add more than $47 million to the Lee County m economy. Both those attending Red Sox games and those attending Twins games provide positive m contributions to the Lee County economy, with Red Sox attendees accounting for nearly$24 million in expenditures vs.just over$23 million for Twins attendees. Expenditures for those attending practice only are excluded due to the lack of available daily practice attendance counts necessary for projections. N LiTs n lge*,: , r o1 per ILZpoig aminAttenaesWA1454, � � ` g "�t x a ,,A a " � " 1 ),,,iM ArSPriTalnilg 3 ,- faa - '' _ ` ` - , � i � % ��;: ri � �r, � ,� .�N�," .,4 ��t"�:1s ,1.i � a�t5z � "� rE $'����« �tx� .� � .x ��N}ibd� Vc _ o Shopping $ 12,041,843 $ 5,630,206 $ 6,411,637 7. Food and Beverages $ 11,180,225 $ 5,853,923 $ 5,326,302 'Q Lodging and Camping Accommodations $ 8,770,193 $ 4,375,858 $ 4,394,335 Q Ground Transportation $ 5,519,197 $ 2,769,874 $ 2,749,323 E ca Liquor Purchases $ 1,787,264 $ 933,390 $ 853,874 6 Other Evening Entertainment $ 1,557,306 $ 806,257 $ 751,050 N 0 Gaming $ 1,310,152 $ 688,295 $ 621,857 h' w Other Sport Fees $ 1,274,338 $ 628,676 $ 645,662 c m Events Admissions $ 1,004,880 $ 496,001 $ 508,879 E o Other Sightseeing/Attractions $ 898,127 $ 487,617 $ 410,510 w Cultural Performance Admissions $ 648,568 $ 294,011 $ 354,557 `_ Historic/Cultural Site Admissions $ 486,102 $ 355,065 $ 131,037 Licenses/Registrations $ 483,141 $ 274,045 $ 209,096 Lottery Tickets $ 375,795 $ 279,193 $ 96,602 All Other $ 53,637 $ 30,569 $ 23,067 TOTAL $ 47,390,767 $ 23,902,980 $ 23,487,786 Lee County 2009 Spring Training Study savidson May 2009 pC et"SUn ill 35SOCIOIES c :dev: rvm•�'S o.a:a Packet Pg.369 11.A.3 30 In order to gain a better understanding of the role spring training plays in generating these expenditures, it is important to focus on the spending of just those who identify spring training as an important reason for their travel to Lee County. Those spring training attendees who either identify spring training as the primary purpose for their trip, or consider it to be absolutely essential or extremely important in selecting the Fort Myers area as a destination are responsible for$41.6 million in total expenditures in Lee County. This represents a significant proportion of total expenditures in Lee County attributable to Red Sox and Twins spring training. iii _ cz a :- -x ,^ f4' Grp"c .: ;' ,�' +, r rc ;. •C rad c ;`,.73'1ec=.',^. a '.� �,t ,. .�, ''_ u ' o f " tal cp�ena hares pping T ening as P ary 3easc n , `., . s0 i on e - ung Training d z ��. 01 i a :d t r i t k o dma t e "+Sox , m3a " �x D. 3 ' x ; s n; 14,x..w , . ,. ,t z; -t` , j�. € ° 04.i Baso n T .A ' d t ia# ecasC?YOaa,r.. E Reason ,, Shopping $ 10,287,422 $ 4,852,435 $ 5,434,987 $ ai Food and Beverages $ 9,964,109 $ 5,358,714 $ 4,605,396 Lodging and Camping Accommodations $ 8,152,562 $ 4,173,237 $ 3,979,325 m Ground Transportation $ 4,857,225 $ 2,444,044 $ 2,413,181 ceij Tr Liquor Purchases $ 1,550,541 $ 800,420 $ 750,121 ` Other Evening Entertainment $ 1,308,848 $ 638,197 $ 670,651 a Gaming $ 1,204,731 $ 609,674 $ 595,057 a Other Sport Fees $ 1,089,693 $ 550,846 $ 538,847 Z Other Sightseeing/Attractions $ 823,636 $ 445,668 $ 377,968 = Events Admissions $ 764,652 $ 388,623 $ 376,030 e 773 Cultural Performance Admissions $ 450,775 $ 231,747 $ 219,028 `-' .Q Historic/Cultural Site Admissions $ 439,499 $ 338,708 $ 100,792 �- Q Licenses/Registrations $ 375,351 $ 185,398 $ 189,953 c Lottery Tickets $ 260,680 $ 188,963 $ 71,717 c� All Other $ 38,059 $ 30,305 $ 7,753 TOTAL $ 41,567,783 $ 21,236,978 $ 20,330,805 N a) cs ca Q Lee County 2009 Spring Training Study dovidson dp May 2009 peterson OSSOC tore,, Packet Pg. 370 11.A.3 31 Direct and Indirect Impact of Visitor Expenditures Estimated total visitor expenditures (detailed in 16 expense categories) are entered into an input/output model designed specifically for Lee County. This model classifies the visitor expenditure dollars by industry and identifies how the dollars move through the County economy. This Regional Input-Output Model is based on an economic model designed by the Federal Government, but it is modified using County Business Patterns to reflect how the economy of Lee County actually works. In the text and figures which follow to describe the impact of visitor expenditures on Lee County, both a) direct and total impacts are mentioned. DIRECT IMPACTS TOTAL IMPACTS cl) 5 a) Economic benefits due directly to visitor expenditures. Total impacts are the sum of direct and indirect impacts. m N For example, when visitor expenditures pay the salary Indirect impacts are the additional economic benefits N and benefits for a hotel desk clerk, that amount would supported during additional rounds of spending. be considered in the direct impact for both jobs and o income. For example, the front desk clerk pays income tax and property tax which are an indirect result of visitor expenditun �= The front desk clerk also pays his/her utility bills, buys food c his/her family, shops for gifts, etc. Those dollars create the indirect impact of the initial traveler expenditures through me v additional rounds of spending in the economy. c. C7 N c a) C) f4 Q Lee County 2009 Spring Training Study dovidSon May 2009 peoerson ossoclotes Packet Pg. 371 11.A.3 32 Impact on Jobs for Lee County Residents Spring Training attendees support 970 jobs in Lee County, 684 through direct impacts. Employment Impact of Estimated Visitor Expenditures 1,200 970 1,000 107 800 684 Spring Training Other Reasons E 73486 485 600 ® — ® Spring Training 65 Primary Reason ar 400 - • 200 z to • a> Total Red Sox Twins Total Red Sox Twins CO Direct Impact Total Impact m IbiEs Explanation z u_ In order to produce the output(food, lodging, entertainment etc.) purchased by visitors, businesses have to employ people. The number of jobs necessary to produce what is purchased with visitor expenditures is the employment impact of the visitor expenditures. c ca Direct employment includes the number of employees necessary to produce the direct output purchased with the visitor expenditures. Total employment includes the number of employees necessary to produce the direct output purchased with the visitor expenditures PLUS the employees necessary to produce additional output purchased with m the recirculation of money in Lee County. For example, wages paid to a hotel desk clerk are then used to purchase food and services for that employee, leading to additional supported jobs(grocery store proprietor, auto mechanic, etc.) Lee County 2009 Spring Training Study Iaviclson May 2009 Peterson - a:,so.iote3 Packet Pg. 372 11.A.3 33 Impact on Household Income for Lee County Residents Attendees of spring training games support$23.8 million in Lee County household incomes with $14.5 million directly supported. 35.0 1 Household Income Impact of Estimated Visitor Expenditures (in millions of dollars) 30.0 25.0 23.8 O�r-. 213 20.0 Spring Training :E deoOther Reasons 15.04111) 1 11.9 c Spring Training ® ® 10.0 Primary Reason c � � � V) 5.0 r C2 ea Total Red Sox Twins Total Red Sox Twins Direct Impact Total Impact Explanation As stated earlier, in order to produce the output(food, lodging, entertainment, etc.) purchased by visitors, businesses have to employ people. This requires business owners to pay wages and salaries to their employees, and also includes proprietary income for the business owner in some cases. �= The wages and salaries paid in order to produce what is purchased with visitor expenditures is the household income impact of the visitor expenditures. Direct household income impact includes the direct wages and salaries paid in order to produce the goods and services purchased with the visitor expenditures. (11 Total household income includes the wages and salaries paid in order to produce the goods and services purchased with the visitor expenditures PLUS the wages and salaries necessary to produce the additional output purchased with the recirculation of money in Lee County. For example, wages brought home by a hotel desk clerk are then used to purchase food and services for that person and his/her family, leading to c additional wages and salaries being paid to others (grocery store employee, utility crews, etc.) U Cs w Lee County 2009 Spring Training Study davisDn May 2009 pete;son ossodiorv. Packet Pg. 373 11.A.3 34 Impact on State and Local Government Revenues Attendees of Spring Training generate$2.5 million in local government revenues, $1.3 million directly. Impact of Estimated Visitor Expenditures on Local Government Revenues (in thousands of dollars) 3,000 41) as c 2,500 219 .c ii I- 2,000 01,500 ® a, 0264 J C (6441) Spring Training 1,000 644 ' F 5v Other Reasons — 500 1,2,-- , 4 e� Spring Training N �. � cz' x = Primary Reason m Total Red Sox Twins Total Red Sox Twins 01 Direct Impact Total Impact a Q Z Spring Training attendees generate $5.0 million in state government revenue with $3.3 million directly c supported. o w ft n a a Q Impact of Estimated Visitor Expenditures on State Government Revenue c 7,000 1 (in thousands of dollars) ca l 6 � �6,000 1 N 5,0020 5,000 c I 567. w 4,000 ® c m E 3,000 1 368 (2A8) ® �'Spring Training o I 0,64g) (1,680 .. 3_7 Other Reasons Zi Q 2,000 Spring Training 1,000 � '= . . Primary Reason I Total Red Sox Twins Total Red Sox Twins Direct Impact Total Impact Lee County 2009 Spring Training Study c�ovit�son May 2009 peterson s oci3ie Packet Pg. 374 11.A.3 35 Explanation In producing and selling any goods and services purchased by visitors, both local and state revenues are collected by local and state governments. The gross government revenues accruing to governments as a result of producing the output purchased with visitor expenditures is the government revenue impact. Local government revenue impact is a result of revenues provided to the local (Lee County)government. This includes the bed tax, local property tax, any local-option sales tax, and any operating income for local government agencies. State government revenue impact is a result of revenues provided to the Florida state government. This includes sales tax and any operating income for state government agencies. •.E The following are included in government revenues as appropriate for the local area: gasoline taxes, fTs vehicle licenses and registrations, boat registrations, hunting and fishing licenses, liquor taxes, local and state park user fees, etc. a' Tax ratios used to calculate these government revenue impacts are adjusted to conform to data reported cn in State and Local Government Finance Data (SLGF, Bureau of the Census). C) cc N m tD . U- O U 0- !4 0 N 0 N C) E V w Q Lee County 2009 Spring Training Study davidson May 2009 pe#erson fir a socfle5 Packet Pg.375 11.A.3 36 3) 'c H 3) .` a U, 7a .n m Appendixco N t0 N ea C7 .ii t4 Q Lee County 2009 Spring Training Study May 2009 aavidsan Jib Peterson aaso:rate Packet Pg. 376 11.A.3 Screening Form Ft. Myers Spring Training Survey Date Time Begun Time Ended Interviewer Total Surveys Completed: Location: Red Sox Stadium ( ) Twins Stadium ( ) Red Sox practice fields ( ) Twins practice ( ) S1. (If necessary)Are you over the age of 18? Yes ( ) —Continue with screening No ( )—Terminate S2. Are you a resident of Lee County, Florida for more than six months a year? Yes ( )—Ask S3a, S4a then terminate No ( )—Ask S3b, S4b then give respondent ct)_ questionnaire m m co S3a How many of the people who came with S3b How many of the people who came with m you to watch baseball today are also you to watch baseball today are •• residents of Lee County, Florida for residents of Lee County, Florida for cNo more than six months a year? more than six months a year? N Record below Record below ,. R1 R1 Z R2 R2 0 R3 R3 a R4 R4 C S4a How many of the people who came with S4b How many of the people who came with you to watch baseball today are visitors to Lee you to watch baseball today are visitors to Lee N County? County Record below Record below R1 R1 R2 R2 R3 R3 R4 R4 If there are visitors in same travel party Give respondent the questionnaire and they are over 18,they may be given a questionnaire, otherwise terminate. Packet Pg. 377 11.A.3 Spring Training Survey Dear Spring Training Visitor: Your visit to our area is very important to us. Please take a few minutes to answer the following questions and return this questionnaire to the person who gave it to you. Thank you very much. Please make your marks INSIDE the boxes or circles. 1. Which Major League Baseball team(s)do you follow most closely? Red Sox ( ) Twins ( ) Both the Red Sox and Twins ( ) Another team ( ) No Particular Team ( ) - Please go to Question 3 co 2. What type of fan would you consider yourself? co Fanatic (i.e.watch every game,can identify all players and coaches) ( ) Die-Hard(i.e. watch most games, can identify most of the players and coaches) ( ) Casual Fan (i.e.follow the team when I can,can identify some of the players) ( ) Occasional Fan(i.e.will watch sometimes, can identify the star players) ( ) m Slight Fan (i.e.don't really follow often, can identify one or two players) ( ) m 3. When did you purchase tickets for this game? co N_ Before leaving home for the Ft. Myers area ( ) ,. After arriving in the Ft. Myers area, before today ( ) Today ( ) -1 Attending practice—did not have to purchase tickets() LT 4. Including yourself,how many people in your party came out to watch baseball today? 1( ) 2 () 3( ) 4() 5 () 6() 7() 8() 9ormore () Q Your Trip To Ft. Myers ea 5. Including today, how many times during this visit to Florida have you attended the following: N A game at the Red Sox stadium A game at the Twins stadium N Red Sox practice Twins practice c=i A Red Sox game elsewhere in Florida A Twins game elsewhere in Florida 6. Not including today, how many times during the remainder of your visit to Florida do you plan to attend the following: A game at the Red Sox stadium A game at the Twins stadium Red Sox practice Twins practice A Red Sox game elsewhere in Florida A Twins game elsewhere in Florida Packet Pg. 378 11.A.3 7. Please tell us the amount you and your immediate party have spent and plan to spend as a direct result of this one outing to watch baseball. Tickets—for today's game/practice parking/transportation $ .00 Programs $ .00 Food and beverages at the game $ .00 Team hats/clothing or other souvenirs purchased at game $ .00 Gas—to and from park $ .00 Other items specific to trip(list: ) $ .00 8. Including yourself, how many people are in your immediate travel party on this trip to the Ft. Myers area,whether or not they are here watching baseball today? 1( ) 2( ) 3( ) 4( ) 5( ) 6() 7() 8() 9ormore( ) 9. How many of those people are children under 18? c� H 1( ) 2() 3 () 4 () 5 ( ) 6() 7() 8 () 9ormore( ) a 10. Please tell us the amount you and your immediate travel party spent during the past 24 hours in each of the categories listed below while visiting the Fort Myers area. If you have just arrived in this area,please estimate your expenses for the next 24 hours. PLEASE DO NOT INCLUDE ANY AMOUNTS/ITEMS LISTED IN QUESTION 7. Spending Category Amount Spent •• to Lodging and Camping Accommodations(Fee for ONE NIGHT). If you have not paid yet,estimate one night's cost. $ .00 Food and Beverages(meals,snacks,groceries, Beer/wine/liquor"by the drink") $ .00 Liquor Purchases(beer/wine/liquor"by the bottle") $ .00 Other Sports Fees(greens fees outfitters,guides, gear rentals) $ .00 r Events Admissions(popular concerts,festivals) $ .00 Cultural Performance Admissions(tickets for theater, Q classical concerts,dance) $ .00 Other Evening Entertainment(movies, clubs, lounges, etc) $ .00 cu Historical/Cultural Site Admissions(historic homes, 0 sites, museums,exhibitions) $ .00 N Other Sightseeing/Attractions(tours,admissions) $ .00 Shopping—Tourist(gifts,souvenirs,antiques, N arts and crafts) $ .00 Shopping—General (clothing, personal or household items) $ .00 E Ground Transportation(gasoline, parking,local bus, taxi,car rentals) $ .00 Lottery Tickets(scratch-off tickets,etc) $ .00 Gaming(gambling and legal betting activity) $ .00 Licenses/Registrations/Permits(fishing, hunting) $ .00 All Other,Please Explain: $ .00 Packet Pg.379 11.A.3 11. What is the primary reason you came to the Ft. Myers area on this trip? Please check only one response. To attend spring training ( ) 4 Please go to question 13 Visiting friends/relatives ( ) Leisure/pleasure trip () Business trip ( ) Personal business () Convention/trade show/conference ( ) 12. When selecting the Ft. Myers area as your destination for this trip, how important was attending spring training events to your decision? Absolutely essential ( ) ai c Extremely important ( ) "a— Important ( ) cc An added bonus () ~ Not at all important () cac a 13. In total, how many nights do you plan to stay in the Ft. Myers area on this trip? = Cif 17 None O - Please go to Q17 y as CO N 14. While in the Ft. Myers area,will you be staying overnight: co N At a hotel/motel ( ) 18 Ata resort ( ) a J At the home of family or friends ( ) 4Skip to Question 16 Z At an RV park or campground ( ) At a vacation home/condo/cottage—that you rented ( ) c At a vacation home/condo/cottage—that you borrowed ( ) At a vacation home/condo/cottage—that you own ( ) 'Continue with Question 15 c0i a e. 15. When considering where to purchase the home or condo you are staying in on this trip, how important was being in Q the Ft. Myers area for spring training to your selection of this area for your vacation home? c m C5 Absolutely essential ( ) N Extremely important ( ) N Important ( ) .; Not very Important ( ) c Not at all important ( ) s Purchase was made prior to 1991 () o w 16. Where in the area are you staying? Boca Grande&Outer Islands () Lehigh Acres ( ) Bonita Springs () North Fort Myers ( ) Cape Coral () Pine Island ( ) Fort Myers ( ) Sanibel&Captiva Islands ( ) Fort Myers Beach () Outside of Lee County ( ) PacketPg. 380 11.A.3 17. How did you travel to the Ft. Myers area? (Indicate PRIMARY MODE of transportation ONLY. Please mark only one.) Did you: Fly ( ) Drive a personal vehicle ( ) Drive a rental vehicle ( ) Drive an RV ( ) Travel by bus ( ) Other ( ) Spring Training in general 18. During the past year,have you seen or heard any broadcasts or other media relating to spring training in Ft. Myers? Please check all that apply. iii TV Game Broadcasts(i.e. NESN, FSN,etc.) ( ) ca— ._ Radio Game Broadcasts(i.e. KSTP,WRKO,WEEI, etc.) () as Game Programs at Home Park(i.e. Fenway Park, Metrodome,etc.) () F— Advertising at Home Park(i.e. Fenway Park, Metrodome,etc.) ( ) _ Local reporters coverage(when at home) ( ) Q National coverage(i.e. ESPN,etc.) ( ) N Other(Please specify: ) ( ) co None of the above () w CO 19. In what year did you first attend a Spring Training game or practice in Ft. Myers? N CO 1991 ( ) 1998 () 2005 ( ) N 1992 ( ) 1999 () 2006 () 28 1993 ( ) 2000 ( ) 2007 ( ) 91-- 1994 .1994 ( ) 2001 () 2008 () 1995 ( ) 2002 () 2009 () 1996 ( ) 2003 () _ 1997 ( ) 2004 () o 20. That first year,was Spring Training the primary reason you came to the Ft. Myers area? c`.) 21 Yes () c_ Q No () c Can't remember () ca N 21. How many years since that first year have you attended Spring Training in Ft. Myers? c N #of years attended c 0R m E Every year since then () ca Q22. How likely are you to return to the Ft. Myers area for the primary purpose of attending spring training... Next year(2010) Beyond next year(2011 and later) Definitely will return ( ) Definitely will return () Probably will return ( ) Probably will return ( ) Might or might not ( ) Might or might not () Probably will not return ( ) Probably will not return () Definitely will not return ( ) Definitely will not return ( ) Packet Pg. 381 11.A.3 23. How likely are you to visit the Ft. Myers area for reasons other than spring training? In the next year(2010) Beyond next year(2011 and later) Definitely will visit ( ) Definitely will visit ( ) Probably will visit ( ) Probably will visit ( ) Might or might not ( ) Might or might not ( ) Probably will not visit ( ) Probably will not visit () Definitely will not visit ( ) Definitely will not visit ( ) 24. How often do you typically visit the Ft. Myers area when spring training is not being held? More than once a year ( ) Once a year ( ) Every other year ( ) Less than every other year ( ) Never, I only visit for spring training ( ) Now,some final questions for classification purposes only... Q. 25. What is your age please? 2 a N 26. Which of the following categories includes your total annual pre-tax household income? CO Under$40,000 ( ) $100,000-$109,999 ( ) co $40,000-$49,999 ( ) $110,000-$119,999 () $50,000-$59,999 ( ) $120,000-$129,999 () i- $60,000-$69,999 () $130,000-$139,999 ( ) a. $70,000-$79,999 ( ) $140,000-$149,999 ( ) $80,000-$89,999 ( ) $150,000 and over () $90,000—$99,999 ( ) 0 27. Are you currently a resident of: United States () 4 Please enter home zip code: Canada () UK () Germany () France () Latin America () Other () 4 Please specify: a) E as For validation purposes only,we will randomly contact participants to verify their answers. Results will not identify you with your answers and all answers will be reported in total. Your personal information will never be sold or used for marketing. Please provide us with the following information. Name: Phone Number: ( Thank you for taking the time to complete this questionnaire. Davidson-Peterson Associates,201 Lafayette Center,Kennebunk,ME 04043 Packet Pg. 382 1 1.A.3 C Attachment F t6 t0 ,a. w- Q. O a V O N C d f0 Packet Pg.383 11.A.3 dp , T ,.. ,1 To:Jeff Mielke From: Kevin Knight Date:June 8, 2012 RE: Economic Impact of Hammond Stadium Expansion DPA was asked to provide a general estimate of the economic impact of a proposed expansion of Hammond Stadium,the Spring Training home of the Minnesota Twins. •E The proposed expansion of Hammond Stadium would increase the seating capacity from 7,500 to 9,300. In order to estimate the economic impact of this expansion, DPA is utilizing results from the Lee County 2009 Spring Training Study it prepared for the Lee County Visitor andCD 2 Convention Bureau. It is important to note for context that 2009 was in general a down year for Spring Training visitation, as the economy was mired in recession. As a result, it °? is likely that estimates derived from that study may be conservative in a long-run context. Based on the 2009 study, on average two-thirds of the seating capacity of Hammond Stadium was filled with visitors to Lee County during spring training. By applying that proportion to the 1,800 seats in the expanded stadium, DPA estimates that approximately 1,200 additional Lee County Visitors would attend each game in an 0 expanded Hammond Stadium (the remaining 600 extra seats would either be filled by residents of Lee County, or go unused). a The estimated per game increase in visitor spending can then be determined in a similar manner as that used in the 2009 study. Based on that study, 60%of spring training N visitors attending Twins home games were in Lee County primarily for spring training. As shown in Table 1,those visitors spend an average of a little over 3 days in Lee County y per game attended and spent approximately$104.89 per day in Lee County excluding their spending at Hammond Stadium. The remaining 40%of visitors were visiting Lee County for another reason, as a result only one day of their spending is attributed to spring training,at the rate of$82.46 for that day. Assuming those same ratios continue to hold,and would hold for the 1,200 additional visitors as a result of expansion,Table 1 shows the calculation of the estimated additional expenditures per game as a result of the proposed expansion. Consequently,these visitors would account for nearly $300,000 in additional expenditures per game outside of Hammond stadium. In a typical year, when the Twins host 16 games at Hammond Stadium,that would yield an additional$4,747,055 in direct tourism expenditures. 201 lafayette center•kennebunk•maine 04043 USA•tel(207)985-1790•fax(207)985-5569 1 Packet Pg. 384 11.A.3 dpa Table 1 Calculating 8prin Trainiq ttendee Expenditures Avera a Avera a Average }lumbar Trip Length g Tr(p Length: •f Games Per Game Per Person Per Game Attendee category- , AfteniJanee (in days) Attendee (in days) .:bay Spantl�rtg ; Direct Sperld[ng' Twins(Spring Training Primary Reason) 716 6.51 2.49 3.42 $ 104.69 $ 256.813 Twins(Other Primary Reason) 484 1.00 $ 82.46 $ 39,876 Twins-Total 1,200 $ 296;691 The economic impact of these direct expenditures can be determined using the input- i` output model specifically created for Lee County by Dr.William Schaffer, Georgia Tech University.. The annual direct impacts resulting from the$4.7 million in additional expenditures are summarized as follows: a> • Direct Local Government Tax Collections.-$13.8,740/ye.ar • Direct State Government Tax Collections-$342,242/year • Direct Employment—69.11 FTEs v The annual total impact would be as follows (including indirect and induced impacts): ga, • Total Local Government Tax Collections-$263,717/year LL • Total State Government Tax Collections-$511,789/year o • Total Employment—97.98 FTEs Please let me know ifou have any y questions. N i U w Q 201 Lafayette center•kennebunk•maine 04043 USA•tel(207)985-1790•fax(207)985-5569 2 Packet Pg. 385 11.A.4 Site Development Costs Baseball Complex 74,Aft7. 4365 Fadio Fted,Suite 231 ?ãe FL 34104 121.6/2016 DAN./D5ONI Fht 20A246O0 Fax: 23e.439.6054 OW Gate Sports Complex Option 3 SUMMARY OF CONS i RUCTION COSTS Davidson Engineering,Inc. Prepared By: / JAW/JMF Date Prepared: / 12/6/2016 Description Earthwork = $ 2,554,834.00 cn 20%Allowance for Unforeseen items Earthwork = $ 510,966.80 CA Pavement/Concrete = $ 1,131,039.75 20%Allowance for Unforeseen items Pavement/Concrete = 5 236,207.95 CD Landscaping,Irrigation, and Lighting = $ 1,800,000.00 csi 20%Allowance for Unforeseen items Landscaping = $ 360,000.00 15 Water Utilities = $ 316,750.00 4c7s 20%Allowance for Unforeseen items Water Utilities = $ 63,752.00 rn Sanitary Utilities = S 147499.00 20%Allowance for Unforeseen items Sanitary Utilities = $ 29,439.80 a) Drainage Utilities = $ 587,573.75 c.) 20%Allowance for Unforeseen items Drainage Utilities = $ 117,534.75 Total of Construction Costs = 6,539,506.50 20%Allowance for Unforeseen items = $ 1,317,901.30 Total Costs = 5 7,907,407.80 Packet Pg. 386 11.A.4 a., Site Development Costs Grass Parking 4365 RadioRoad. ite MI 1:.?" 5J2016 _, .. *,: ttp.„ , 34104 DAVIDSON R-t Ma434.6060 Fax:239439.61154 19 Acre Grass Parking SUMMARY OF CONSTRUCTION COSTS Davidson Engineering, Inc. Prepared ay: ,/ JAW/IMF Date Prepared: / 12/6/2016 Ti) c :E. Description it earthwork -, 5 2011,050.20 /2) 2D46 Allowance for Unforeseen Items Earthwork = $ 202,210.04 a co Pavement i Concrete = $ 501,464.55 2 20%Allowance for Unforeseen Items Pavement/Concrete = $ 100,29231 a) u) as co Landscaping,Irrigation,and Lighting = $ - 20%Allowance Allowance for Unforeseen Items Landscaping = $ - , Water Utilities = , $ - in cu 20%Allowance for Unforeseen Items Water Utilities = $ _ its E fr, Sanitary Utilities = 5 - W 20%Allowance for Unforeseen items Sanitary Utilities = S - toi o 0 Drainage Utilities = $ 422,213.25 .;..: c a) 20%Allowance for Unforeseen items Drainage Utilities = S 84,443.65 E g Total of Construction Costs = $ 1,934,733.00 20%Allowance for Unforeseen Items . $ 386,946.60 Total Costs = S 2,321,679.60 ....... Packet Pg. 387 11.A.4 Vertical Development Costs Complex Collier County Sports Complex Program Estimate-Cost below in 2016 values 70,000 SF BUILDING PROGRAM' Woe DEMMER 2,1016 - _ OunttatT TRAM Unit Cost TO01I 01-GENERAL CONDITIONS/REOUNIEMENT5 7003000 set 5 32=1''95 03-CONCRETE 70.00000 telt 5 3,63..,007 DM=-CONO^Ee EMATERIAL 3500.00 CT 1321.DG Si,52,1100.00 037010-:,,,RUC PRECAST 43.0110.00:CD 131 GC 01.7:A00003 04-.MASONRY 70.003.30 set 1 1.3EOA00 1030010-ODD{EXTERIOR a..y..000.02 telt 116.DC. 013E0 030.00 O5-METALS 70.00000 salt 5 4.724.930 030010-STRUC7 METALS/MGT/DECK 33E00 TN 54 330.20 5.7..M.2_400.00 033010-MISC.MEALS S:OG L•um C303.000.00 530000010 054020-RAILS 3.50000 Int' 1113:00 21.402,35200 06-W00D.PLASTKS,AND COMPOSITES 70,030.30 sot Z. 1.34h73 060210-.EXTERIOR. 6.173.00 LIF 54.315 527.673.E Q1 D60320-INTERIOR 12.900.00-BP 54.75 557000.00 C 3420S10-BASE CABINETS./ MILWORY„ 2,000.00 Int.' 5770.00 01400,00000 C 07-THERMAL.AND MOISTURE PROTECTION 7000000 SC 5 570.721 .- 0.7010-WATERPROOFING MEMBRANE 34000.00 set 53.50 5119=0.00 1... 07001_-WATE?FCDCYFMS FWD APPL r 15.000.00 se! 51000 :5:500110CD 3717010-D43PPROOFING 34,00303.set 51.13 538.,153.25 C C 070030-M P BARRIER MEMBRANE 6,000.00 sat 53.015 $181100.00 '_ 074030-ADHERED MEMBRANE 35,00000.stet 01400 5490000.00 0- 07G710-CAULKING:S SEALANT 3.„700.00051 52.23 512427300 C/) 376030-FIRESAF0IG INSULATION 79703 Int 3930 33M2.30 f6 3760.20-EXPANSION1DAT 100.00 Int 01.03.00 11637000 OB-OPENINGS 70.900.07 set 5 1.421.003 Cl .033310-.D.F,H VEN'7OR. 1.00 Lunn 3450,000.60 5430.0:020 In 44 08171X.-.DDOR.IL*NiO INSTALLA.MON LOD Lum 5333000:00 133,...00101. m 031010-OVERHEAD DOORS 2000 else ;sszoa.pc. 51441170000 .. 850020-'STOREFRONT 3.00000 s47t 565.00' 543.003.30 N �., CD O9--FINISHES 7000000 set S. 2.41'.114 TY 091r11r.-:LATH L.PLASTER 44000.90 set 57.70= 52418e330 CV 09202-'.INTERIOR PART:DONS 11Smet per.Det of floor; 103000.00 1211 36.00 5840.000.00 ... 09¢030-EXTERIOR.PAR73ON1 72000.00 se,t 51E.70 54144'..30.00 CD 093310-CERAMIC TILE FLOORS 7,000.00 s5t 512.00 5311.37720 .►+ D'95010-CERAMIC TLE WALLS S.533 DO SCR 55.00 :31.703.30 .093016--CEI41NG5 51,30057:CM 30039 3173,211.00 E 096010--R3591Ei17 FLOOR AND BATS: 21000=Mit S20.00 5420.000.00 0 096320-WI.e3TOIG 14.0011.00:DO 5450 S6S.D00.30 LU 094330-TERRA.;,'=. 7..000:00 set 01100 5"32933.30 +, 3900-FLUID APPLIED FLOOR 21.08000 sat 52.70 55200300. N 60 O 097010-PAINT 70,300.30 sal 5243 52.50337.00 0 097034'-SPECIAL COATRVGS. 25.20000:072 51.00 535003.00 10--SPECIALTIES 70003.00.sat S 4:3;7+"t C 100330-.F..GP01ES 3.00 eoor '31390.00 53,.600.00 C) F. 102040-METAL LOCKERS 23000 e51S 51E5.OG 0G1.25000 C 107=.0 FIRE'.EXT1NGUIT€_8:S 3320 eel: 5133.00 54x7503 0 U 110140-:ME43 P,4fi'ILT)E11C '130010sct 51.e9C 127.007:00 (9 1010]0-.TOILE PAR-MI:01C 200.00 sae-. 0309.00 '0:23:07000 w lever.-TOIL.3=ESS 70000 tee- 560.00 54'•`210320 1.17- 2.0-SIGPIAGE 1:00 PINK 5300000.00 03002363.00' 11-EQUIPMENT 70.00 set S 54E000 111010-PR3I_.'T)ONSCREENS 5310 tee 53500.0E 523.0000 114010-ATF1ET1C EQUIP 100 eoO .4300900.00 230,230310 114030-SCOPEBOARDS 1.00 PINT 5360.,000,00 533003000 114=0-OTHEF: 70.000.30:et 5142 55030010 12-FURNISHINGS 70.0800:00 set - 1.2 ms 3 l 122020-STING. 750000 1501. 5137.130 51..14200300 3101 Ilisv =30 303- FIXED RL'EACI S 500.03 Int: X.00 ezt m1.03 13-SPECIAL CONSTRUCTION 77.003.90 set $ 4,725070` 130330-WA..10NAI'C3 VEP: 190 Num 5225,000.00 52M,00300 1.30310-SPECIAL PURPOSE P004.0 23.00090 son 2160.01: 54.000.333..:00 132020-SPA:.HOT 4;:035,WHIRLPOOL'a 3.00 ee0 0203.000.00 5700.307.00 I JR-CONVEYING DO WPM.ENT 717,00000 soft 5 47003( 143.10-ELEVATOR TRACTION 100 Num 5459000.00 5457.OCVAO 31-.FIRE SLPPPRESSION 79.00000 set S 2203301 Packet Pg.388 11.A.4 210010-WET SYSTEM. 70.00000 stn,c $3.13. S22M50100 22-PEUMMING 70.000,00 sun S ••cpm rm l 22DQSLI-PLuMEIN: 70.000.00 sG$t 516.0E S1.12A1300.00 23-HEATING,VENTILATING.AND AIR-ON07TIONING Ipe.tap 70GOD AG:n 5 2100.00E[ 230010-HVAC 70.00000 set 530.00 52.100.003.00 26-ELECTRICAL. 70000.00 sat 5 2.372.000[ 230010-ELECTRICAL 70,00000 SCS 542.30 52575000.00 32-EXTERIOR.IINFROM3IMENTS 70.00003 Sart S 10 110[ 32050-0N2 y1f FUL FIELDS 163.000.00 set 53.OD 5&'.3,00©..00 3260'31-SLR I6;1 FULL PRA:TICE FIELDS ft0,000.00 set $413 54.801.303.00 326032-ONE 411 HALF PRAC.YE F..D Iwi 6.01MLE E2.30000 sG:R 543E $371.230.00 326CG3-DOL= 14 HALF PRAC 2E FirD ImTelt0 orp'/ 66,000.00 S[Ot 54.30 5.297L01.0C 326091-ARTIFICIAL FIELD TURF 23000000 salt 3330 517730000 32605!-TRDIEN'MOUNDS MALAR LEAGUE I5-PACK1 1264.00 307t 52.00 56,32500 326035-PtTHRFOS MOUNDS MR.OR LEAGUE 42-PACX1 419600 sell 5200 59:79200 32609 -COvEFED PATTMO CASES 12-EACH) 30..310.00 set 52400 5727,430.00 325095-CO ER3D MATTING CAGES M_{4.-EA13-1) 10.103333 lGtt $30.00 5303.110-00 .r vrinno. : 3255°-AGILITY FIELDI40/O7.30VOj-00%GRASS/20%TURF 2&110000 Solt 533.72 55721100.00 IG:,. 3251CD-REID WALL ref PADDING L00 tam 5223000.00 $2.22 _tme0 325110-STANTIARD FEICING LOO Lam 5300200.00 S300.000_03 325113-FOUL ROLES 1200 RIG 518000.00 5215.00000 324200-DUGOUTS LOG Isom =0.1300.0& 5230000.00 325ZG53A -OMVATION TOWER. LOG Lsur, x`'23.000.00 5221000 00 amen C 53-Ett7ERIOR.LIGHTING&LOW VOLTAGE 1 AV 70200.00 111 5 4,6000201 • 333040 F E.D UG RNISS ELTER10R RAU 100 teeic 3.000.1:00.1:0 55 0,000LO1 .- C2 1.- 33.W.41-SED UGKONG f eERIOR IMiLI 400 helm 5430.000.00 :511.000.000.00 I.-- 333042 - 3'33a y-LOW VOLTAGE AND AV LOG Isom 52.00000.00 52.000.703 30 CO 01-CONONGEN CY ALIDWANCE 70000.00 soil S 7530,000[ - 012116-.DESSEN SOFT COS LAG Lam $6,300000.3D 56300 000..00 .CL 012117 COJJTRACTOA CONTING34CY LOG lane, £1.300000.00 21.4302W00 C/) ISubTatl4 5 36,017_544[ CONSTRSLCTION'.MANAGERS INSURANCE 430,00.7 ITS CO'NSSRfh_T10N'MANAGERS FEE. 5 2.255,0555 03 Grand Total-2016 Cost w 5 58,732,000rt CO r•- 02 0) CO r U) W N 0 0 w 0) P U CO Q Packet Pg.389