2009-072 - Laserfiche WebLink

Home Browse Search

in Section 14.05, below. A certificate of insurance evidencing proof of such insurance shall be provided to the County annually starting on the beginning date of the Term and as further provided in Section 14.05, below; (f) Set rates and charges for the use of the Facility by third parties; (g) Advertise and promote all baseball and non -baseball events conducted at the Facility, such advertising and promotion to mention or identify the County and/or the City to the extent practicable (MiLB understands the importance of promoting the County and the City and their image and desire and agree to assist in such regard); (h) Select and employ all concessionaires, licensees and other contractors with respect to the Facility, including, but not limited to, its parking lots, concession areas, and advertising space; and (i) Enter into lawful contracts in MiLB name relating to any and all of the foregoing upon terms and conditions which are consistent with the Maintenance Standards and the terms of this Agreement. 0) MiLB shall not remove from the premises any baseball memorabilia located on or present at the Facility premises on the Effective Date, without prior County written approval, which may be granted or denied in the sole discretion of the County. Section 3.03. Event Control. MiLB shall have the right, at their sole discretion, to cancel or postpone any event to be held at the Facility. Section 3.04. Books and Records. All books and records of the Facility specifically relating to MiLB's responsibilities under this Agreement which are required to be maintained pursuant to applicable law or which are necessary to verify, the County's rights and MiLB's obligations hereunder, except as the same may be specifically excepted from public disclosure by any law, rule, regulation, or ordinance, shall be kept and retained in accordance with generally accepted accounting principles and shall be subject to reasonable inspection by the County at the Facility during regular normal business upon two (2) days prior written notice to MiLB. Books and records shall include, but not be limited to, all records of expenditures from the Capital Reserve Account. MiLB shall notify the County thirty (30) days prior to discarding or destructing such records. Such books and records are subject to review and shall not include profit and loss statements or any proprietary information that is not reasonably related to MiLB's maintenance and operational responsibilities hereunder. Section 3.05. Promotion as Tourist Destination. MiLB shall promote, as part of its national advertising and promotional programs, the Facility, the City and Indian River County as tourist destinations ("MiLB Tourism Development Activities"). Each Lease Year the County covenants to budget and appropriate, by amendment if necessary, proceeds of the tourist development tax levied pursuant to Section 125.0104, Florida Statutes (the "Tourist Page 7 of 29