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Development Tax") to the extent such funds are legally available to the County for such appropriation in order to provide during the Initial Term, and any Renewal Term, the following funding to be used to pay costs directly associated with MiLB's Tourism Development Activities or to reimburse MiLB for such costs previously paid by MiLB during the corresponding Lease Year. Such annual obligations shall be as follows: $50,000 for the first Lease Year; $55,000 for the second Lease Year; $60,500 for the third Lease Year; $66,550 for the fourth Lease Year; and $75,000 for the fifth Lease Year and each subsequent Lease Year during any Renewal Term, unless another amount is agreed upon in writing by the parties. ARTICLE IV MAINTENANCE RESPONSIBILITIES Section 4.01. MiLB's Rights and Obligations. During the Term, MiLB shall be responsible for the repair, operation, and maintenance of the Facility, and shall have, but not be limited to, the rights, responsibilities and obligations specified in Sections 4.02 through 4.05 below. Section 4.02. Maintenance. From the Capital Reserve Account and, upon depletion thereof, from their own funds, MiLB shall construct and pay for any repairs, replacement and improvements for the Facility as are required: (a) To satisfy the Maintenance Standards; (b) To comply with all applicable laws, ordinances and regulations, including, but not limited to the requirements of the Americans with Disabilities Act of 1990 ("ADA") any amendments thereto, including Title II, Structural and Title III, Programmatic Accessibility Standards as well as any future additions; (c) To meet the standards and regulations of Major League Baseball; and, (d) The County shall pay or reimburse MiLB up to a total of $800,000 (eight hundred thousand dollars), payable in eight monthly installments of $100,000 (one hundred thousand dollars) as a maintenance subsidy for eight (8) months beginning May 2009 and ending with the final subsidy payment in December 2009. The maintenance subsidy shall be prorated for each day of actual possession of the Facility by MiLB, if possession in any month is for less than a full calendar month. Section 4.03. Operation. MiLB shall provide and pay for, solely from funds of MiLB or the Capital Reserve Account, if appropriate, all costs and expenses required for the operation and maintenance of the Facility which are not, by the terms of this Agreement, specifically required to be provided and paid for by the County, including, but not limited to, all personnel (including supervisory- staff), labor, equipment, telephone, water, sewer, storm water, and materials. All Page 8 of 29