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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 : 1028 <br /> Section 3 . 02 . Amendment to Section 2 . 05 of the Facility Lease Agreement. In <br /> accordance with Section 3 .01 , above, the County and Dodgers hereby agree to amend Section <br /> 2 . 05 of the Facility Lease Agreement by adding the following two sentences to the end of the <br /> paragraph : <br /> "Notwithstanding the foregoing, if Dodgers exercise either the right of first <br /> refusal described in the first sentence of this Section 2 . 05 or the option to <br /> purchase the Facility pursuant to third sentence of this Section 2 .05 , the Dodgers <br /> shall not be required to purchase the Parking Property as part of the Facility, but <br /> may elect, at their sole discretion, to purchase the Facility without the Parking <br /> Property. In such case, the Parking Property shall be treated as a parcel of land <br /> separate and distinct from the Facility. " <br /> Section 3 . 03 . Amendment to Section 10 . 06 of the Facility Lease Agreement. In <br /> accordance with Section 3 .01 , above , the County and Dodgers hereby agree to amend Section <br /> 10 . 06 of the Facility Lease Agreement by adding the following two sentences to the end of the <br /> paragraph: <br /> "Notwithstanding the foregoing, if Dodgers exercise their right under this Section <br /> 10 . 06 to purchase the Facility, Dodgers shall not be required to purchase the <br /> Parking Property as part of the Facility, but may elect, at their sole discretion , to <br /> purchase the Facility without the Parking Property . In such case , the Parking <br /> Property shall be treated as a parcel of land separate and distinct from the Facility <br /> and any calculation of ` the then fair market value of the Facility' shall not include <br /> the then fair market value of the Parking Property unless Dodgers express their <br /> desire to purchase the Parking Property as part of the Facility. " <br /> Section 3 . 04. Amendment to Section 3 . 07 of First Amendment. In accordance with <br /> Section 3 . 01 , above, the County and Dodgers hereby agree to amend Section 3 . 07 of the First <br /> Amendment by adding the following two sentences to the end of the paragraph: <br /> "Notwithstanding the foregoing, if Dodgers exercise their right to purchase the <br /> Facility pursuant to the right of first refusal or the repurchase option set forth in <br /> the County Deed, Dodgers shall not be required to ' purchase the Parking Property <br /> as part of the Facility, but may elect, at their sole discretion, to purchase the <br /> Facility without the Parking Property. In such case , the Parking Property shall be <br /> treated as a parcel of land separate and distinct from the Facility and any <br /> calculation of ' the then fair market value of the Facility ' shall not include the then <br /> fair market value of the Parking Property unless Dodgers express their desire to <br /> purchase the Parking Property as part of the Facility . " <br /> Section 3 . 05 . Easements. If pursuant to any of the foregoing provisions Dodgers <br /> purchase the Facility without the Parking Property and Dodgers continue to use the Facility for <br /> spring training, then, at Dodgers' option, the parties shall execute and record appropriate <br /> easements burdening the Parking Property in favor of Dodgers as owner of the Facility for <br /> Dodgers to continue to use the Parking Property for parking purposes in connection with Major <br /> (M9080e;2 ) Page 4 of 9 <br />
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