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2008-062
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2008-062
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Last modified
3/24/2016 11:36:32 AM
Creation date
9/30/2015 11:59:43 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Third Amendment
Approved Date
02/19/2008
Control Number
2008-062
Agenda Item Number
10.A.
Entity Name
Los Angeles Dodgers LLC
Subject
Third Amendment Facility Lease Agreement
Supplemental fields
SmeadsoftID
6909
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The Facility Lease Agreement. <br /> Parking Property Lease Agreement entered into as of November 17, 2005, by <br /> and between the Dodgers and the City, together with Parking Property Letter <br /> from the Dodgers (Mr. Craig Callan) to City (Mayor Mary Beth McDonald) dated <br /> November 17, 2005 (collectively, the "Parking Property Lease") . <br /> Section 3 . 02 Disposition of Governing Documents. In accordance with the intentions <br /> of the parties as expressed in the Recitals set forth above, the parties hereby agree that each of <br /> the Governing Documents shall be handled in the following manner, effective as of the New <br /> Expiration Date or such earlier date as the Facility Lease Agreement is terminated as provided <br /> above: <br /> (a) Capital Reserve Account Agreement. Upon the termination of the Facility Lease <br /> Agreement, the County shall notify the Capital Reserve Account Agent (as defined in the Capital <br /> Reserve Account Agreement) of said termination, and, pursuant to Section 3 (b) of the Capital <br /> Reserve Account Agreement, shall instruct the Capital Reserve Account Agent to disburse to the <br /> County all funds then on deposit in the Capital Reserve Account, including any investment <br /> earnings thereon. Notwithstanding the immediately preceding sentence and the County' s right <br /> hereunder to take the actions described in Section 3(b) of the Capital Reserve Account <br /> Agreement, nothing contained in this Third Amendment shall be deemed to constitute a default <br /> by Dodgers under the Facility Lease Agreement. In accordance with Section 12 of the Capital <br /> Reserve Account Agreement, the Capital Reserve Account Agreement shall terminate upon <br /> disbursement of all funds in the Capital Reserve Account . <br /> (b) Collateral Development Agreement. Because the Collateral Development <br /> Agreement constitutes covenants running with the land, the County shall automatically and <br /> without further instrument succeed to the interest of the Dodgers in and to the Collateral <br /> Development Agreement. <br /> (c) Declaration of Covenants Conditions and Restrictions. Because the Declaration <br /> of Covenants, Conditions, and Restrictions constitutes covenants running with the land, the <br /> County shall automatically and without further instrument succeed to the interest of the Dodgers <br /> in and to the Declaration of Covenants, Conditions, and Restrictions. <br /> (d) Development Agreement. Other than any remaining Warranty Obligations (as <br /> defined in the Development Agreement) (if any), the parties acknowledge that Final Completion <br /> of the Development Agreement has previously occurred, and, therefore, that the term of the <br /> Development Agreement has previously expired. <br /> (e) Facility Lease Agreement. Except as otherwise expressly set forth in the Facility <br /> Lease Agreement and this Third Amendment, the Facility Lease Agreement will be of no further <br /> force or effect. <br /> (f) Parking Property Lease. As provided in Section 13 .02 of the Parking Property <br /> Lease and the County's Joinder thereto, if the Facility Lease Agreement expires or is terminated, <br /> the County shall assume all of the rights and obligations of Dodgers under the Parking Property <br /> Page 8 of 15 <br />
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