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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 : 1048 <br /> obtain the insurance, and the premiums on that insurance shall be deemed additional rent <br /> to be paid by the City to Dodgers on demand. The City shall be responsible for securing, <br /> at its own expense, whatever insurance coverage it may desire on the contents of the <br /> Parking Property and the Improvements. All Certificates of Insurance required by this <br /> Lease shall be provided on a standard ISO form. <br /> ARTICLE X <br /> Force Majeure <br /> Section 10. 01 , Force Majeure Event. Should any fire or other casualty, act of God, <br /> earthquake, flood, hurricane, lightning, tornado , epidemic, landslide, war, riot, civil commotion, <br /> general unavailability of materials, strike, slowdown, labor dispute, governmental laws or <br /> regulations, or other occurrence beyond the City' s or Dodgers ' control ("Force Majeure Event") <br /> prevent performance of this Agreement in accordance with its provisions, performance of this <br /> Agreement by either party shall be suspended or excused to the extent commensurate with such <br /> occurrence, except as specifically provided herein. <br /> Section 10 . 02 . Partial Destruction. In the event of a partial destruction of the Parking <br /> Property and/or Improvements, if the City determines that the undamaged portion of the Parking <br /> Property and/or Improvements is still suitable for the Permitted Uses, then this Agreement shall <br /> continue in full. force and effect with no adjustments in the obligations of the parties, and the City <br /> shall restore the Parking Property and Improvements as soon as possible from the insurance <br /> proceeds or the City' s own funds. <br /> Section 10. 03 . Parking Property Not Suitable for Permitted Uses . In the event of total or <br /> partial destruction or damage of the Parking Property and Improvements, if the City determines <br /> that the Parking Property and/or Improvements are not suitable for the Permitted Uses and/or <br /> cannot be used in connection with the Permitted Uses, then this Agreement shall be suspended <br /> immediately until the Parking Property and/or Improvements are repaired . Within twelve ( 12) <br /> months of the event of such total or partial destruction or damage, the City, with assistance of <br /> Dodgers, but not at Dodgers ' expense, shall begin to repair or rebuild the Parking Property <br /> and/or Improvements using the proceeds from the property insurance for that purpose and shall <br /> diligently pursue such repair or rebuilding until completed . This Agreement shall continue to be <br /> suspended until the Parking Property and/or Improvements are once again suitable for the <br /> Permitted Uses . <br /> ARTICLE XI <br /> Zoning and Permitting <br /> Section 11 . 01 . Zonis and Permitting. It shall be the sole obligation of the City, with <br /> assistance from Dodgers, but not at Dodgers ' expense, to obtain any permits and/or zoning <br /> changes which may be required to construct the Improvements and any additional improvements <br /> which the City may hereafter desire to make to the Parking Property. Dodgers, acting solely in <br /> their capacity as the landlord, shall cooperate with the City as may be reasonably required, to <br /> enable the City to obtain any permits and/or zoning changes for the Improvements and any <br /> JM84532;3} Page 15 of 21 <br />
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