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2009-072
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Last modified
6/28/2024 11:23:45 AM
Creation date
9/30/2015 5:48:12 PM
Metadata
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Resolutions
Resolution Number
2009-072
Approved Date
05/19/2009
Agenda Item Number
11.A.
Resolution Type
Agreement
Entity Name
Dodgertown
Minor League Baseball (MiLB Vero Beach LLC – Pat O’Connor)
Subject
Facility Lease Agreement
Supplemental fields
SmeadsoftID
6298
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(g) MiLB shall repair, replace, provide and maintain, at its expense, all <br />equipment necessary to perform their responsibilities hereunder; and, such equipment shall at all <br />times be deemed to be included as a part of the FF&E and run with and be part of the Facility. <br />(h) Provided, however, at the termination of this Agreement, any equipment <br />(exclusive of fixtures and FF&E) which has been purchased and paid for by MiLB with funds <br />other than the funds provided by the County, may be identified and removed by MiLB upon <br />notice to the County. <br />(i) Except as may be provided in this Agreement, MiLB shall not undertake <br />any capital improvements to the Facility without the permission of the County, which permission <br />shall, when not otherwise governed by this Agreement, not be unreasonably withheld. <br />0) If the County reasonably believes that MiLB's failure to comply with any <br />of their obligations under this Agreement involves a "life safety issue", as hereinafter defined, the <br />County shall have an immediate right to correct the life safety issue and the reasonable costs and <br />expenses incurred by the County in correcting the life safety issue shall be due and payable by <br />MiLB to the County within thirty (30) days after the submission of a statement to MiLB for the <br />payment of the same. If such amount is not paid when due, it shall bear interest at the prime rate <br />published by the Wall Street Journal from time to time from the date that MiLB received the <br />County's statement until the date payment was made. For purposes of this Agreement, a "life <br />safety issue" shall mean a situation which imposes an immediate threat of bodily harm or death <br />to any users or occupants of the Facility. <br />(k) Except as otherwise expressly authorized in this Agreement, MiLB shall <br />not construct any additional buildings or structures on any portion of the Facility, or make any <br />structural or exterior changes to the Facility, without the prior written approval of the County, <br />which approval shall not be unreasonably withheld. MiLB shall not make major alterations or <br />modifications to the Facility without the prior written approval of the County, which approval <br />shall not be unreasonably withheld. All such permanent improvements, alterations, or additions <br />placed on the Facility by MiLB shall be conveyed by MiLB to the County by a quit -claim deed <br />upon the completion of such improvements, alterations or additions. <br />(1) On or before the expiration date of this Agreement, or its earlier <br />termination as provided herein, MiLB shall remove all of its personal goods and effects including <br />any equipment (exclusive of fixtures and FF&E) which have been purchased or paid for by MiLB <br />with funds other than funds provided by the County, repair any damage caused by such removal, <br />and surrender and deliver the Facility (together with any and all required and existing FF&E) in <br />an "as is" condition. Any personal property or effects not removed within thirty (30) days after <br />the expiration date of this Agreement or its earlier termination as provided herein shall be <br />deemed to have been abandoned by MiLB, and may be retained or disposed of by the County, in <br />its sole discretion, in accordance with applicable law. <br />Page 10 of 29 <br />
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