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2005-368 (2)
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2005-368 (2)
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Last modified
8/15/2016 10:57:41 AM
Creation date
9/30/2015 9:25:14 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
11/08/2005
Control Number
2005-368A
Agenda Item Number
10.A.
Entity Name
Los Angeles Dodgers City of Vero Beach
Subject
Second Amendment Facility Lease Agreement
Dodgertown
Area
Dodgertown 4001 26th. St.
Supplemental fields
SmeadsoftID
5273
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BK : 1961 PG : 1042 <br /> beverage sales, merchandise sales , concessions and products sales, parking, advertising, <br /> sponsorship, promotional and signage rights, and any other revenues derived or generated in <br /> connection with the Permitted Uses . Dodgers shall control, collect, receive, and retain all <br /> revenues generated by any means in connection with the use of the Parking Property during <br /> Dodgers ' Events. <br /> Section 4 . 02 . No Naming Rights. The City shall have no right to sell naming, <br /> affiliation, and /or sponsorship rights in and to the Parking Property. Dodgers shall retain all <br /> Naming Rights granted to them pursuant to Section 7 . 02 of the Facility Lease Agreement. <br /> ARTICLE V <br /> Default and Remedies <br /> Section 5 . 01 . The City' s Default. The occurrence of any one or more of the following <br /> events constitutes a "Default" by the City under this Agreement : <br /> (a) Failure by the City to observe or perform in any material respect any <br /> covenant, agreement, condition, or provision of this Agreement, if such failure continues <br /> for thirty (30) days after written notice thereof has been delivered by Dodgers to the City; <br /> provided, however, that the City shall not be in Default with respect to matters which <br /> cannot reasonably be cured within thirty (30) days so long as within such thirty (30) day <br /> period, the City commences such cure and diligently proceeds to complete the same <br /> thereafter; <br /> (b) The levy upon, under execution or the attachment by legal process, the <br /> City' s interest hereunder, or the filing or creation of a lien in respect of such interest, <br /> which levy, attachment, or lien is not released, discharged or bonded against within one <br /> hundred eighty ( 180) days from the date of such filing; <br /> (c) The City is finally adjudicated insolvent or bankrupt or admits in writing <br /> its inability to pay its debts as such mature, or makes an assignment for the benefit of <br /> creditors, or applies for or consents to the appointment of a trustee or receiver for the City <br /> or for the major part of its property; <br /> (d) A trustee or receiver is appointed for the City or for the major part of its <br /> property and such trustee or receiver is not discharged within one hundred eighty ( 180) <br /> days after such appointment; or <br /> (e) Bankruptcy, reorganization, arrangement, insolvency or liquidation <br /> proceedings, or any other proceedings for relief under any bankruptcy law, or similar law <br /> for the relief of debtors, are instituted by or against the City, and, if instituted against the <br /> City, are allowed against it or are consented to by it or are not dismissed within one <br /> hundred eighty ( 180) days after such institution, to the extent permitted by law. <br /> If a Default occurs, Dodgers shall have the rights and remedies set forth in this Agreement, <br /> which shall be distinct, separate, and, to the extent not mutually exclusive, cumulative, and shall <br /> JM84532;3 } Page 9 of 21 <br />
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