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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
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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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Section 6.04. The County's Use of Holman Stadium and the Practice Fields. The County <br />shall have the right to use Holman Stadium and/or the practice fields, for up to ten (10) days per <br />Lease Year, together with any use associated with the community's annual "Harvest Festival" <br />each year, at no charge to the County (other than reimbursing MiLB for any operating expenses <br />incurred by MiLB as a result of the County's use of Holman Stadium and/or the practice fields). <br />The dates during which the County may use Holman Stadium and/or the practice fields shall be <br />selected by mutual agreement of the parties; provided that, if the parties cannot agree on the <br />dates, MiLB's reasonable selection of dates shall be final and controlling. Provided, however, <br />that MiLB will defer to the County and cooperate in scheduling and making the Facility available <br />for the community's annual "Harvest Festival." The County may use Holman Stadium and/or the <br />practice fields only for functions which do not directly compete with revenue -generating events <br />which have been otherwise arranged by MiLB. Moreover, the County's use of Holman Stadium <br />and/or the practice fields must not interfere in any way with MiLB's use and quiet enjoyment of <br />the Facility. The County shall not use or authorize the use of Holman Stadium and/or the <br />practice fields in any manner which would have a material detrimental impact on Holman <br />Stadium and/or the practice fields, and the County shall be and remain solely responsible for any <br />damage or destruction to Holman Stadium and/or the practice fields by the County or its <br />assignee. The County, or its assignee, shall be entitled to retain the revenues from ticket sales for <br />its events, and concessions sold during the events when Holman Stadium and/or the practice <br />fields are utilized by the County; provided, however, that although MiLB covenants to cooperate <br />with the County in such endeavors, MiLB shall not be required to provide concession <br />management services and/or any other related services during any County event. In all cases, <br />MiLB shall be reimbursed by the County for any operating costs and expenses incurred by MiLB <br />as a result of the County's use of Holman Stadium and/or the practice fields, including, but not <br />limited to, the cost of any parking attendants, ticket takers, security personnel, clean-up crews, <br />and the like provided by MiLB. Prior to using Holman Stadium and/or the practice fields as <br />provided herein, the County shall cause MiLB to be named as an additional insured on the <br />County's general liability insurance policy and shall deliver to MiLB a certificate of insurance <br />which verifies the existence of the policy and the fact that MiLB is named as an additional <br />insured. <br />Section 6.05. Parking. The property described on Exhibit "B" hereto, consisting of <br />approximately 9.1297 acres adjacent to the Existing Facilities (the "Parking Property"), is owned <br />by the County, subject to the terms and provisions of the Parking Lease and resulting use by the <br />City. The County assumed the rights and obligations of the Dodgers under the Parking Lease, <br />and on the Effective Date MiLB shall accept and assume from the County the same prior rights <br />and obligations of the Dodgers as provided for in the Parking Lease for the Term of this <br />Agreement. Accordingly, all references in the Parking Lease to the "Facility Lease Agreement" <br />shall be reasonably construed to hereafter refer to this Agreement, and in the event of any <br />inconsistency between any documents, this Agreement shall be deemed to supersede any prior <br />document. In the event that this Agreement expires or is terminated before the Parking Lease <br />expires or is terminated, the County shall assume all of the rights and obligations of MiLB under <br />the Parking Lease and the City shall be entitled to continue to occupy and use the Parking <br />Page 1 B of 29 <br />
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