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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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Property in accordance with the terms and conditions of the Parking Lease until it expires or is <br />terminated. <br />Section 6.06. Emergency Staging Area. As a mutual benefit to the County and <br />MiLB, during the Term, MiLB agrees to provide the Facility as a staging area for responsive <br />emergency personnel and equipment, for natural disaster preparations, response, and potential <br />shelter. Notwithstanding anything to the contrary, neither the County nor the public may use the <br />stadium field. In the event the County uses the Facility as an emergency staging area, the County <br />agrees to diligently employ its best efforts to completely remove all disaster/hurricane-related <br />debris and materials from the Facility within fourteen (14) days after any emergency or use for <br />the purpose of this Section. Further, the County shall be responsible for all damage, clean-up, <br />repairs and costs and expenses in connection with the use of the Facility, and the County shall <br />promptly clean up, repair and restore the Facility, all at no cost or liability to MiLB. <br />Notwithstanding anything in this Agreement to the contrary, the County shall be responsible for <br />any liability arising out of or in connection with the County's or the public's use of the Facility <br />pursuant to this Section 6.06, and the County agrees not to hold MiLB responsible, and thus <br />MiLB will be held harmless, for such use of the Facility by the County or the public or its failure <br />to timely remove all disaster/hurricane-related debris and material from the Facility after any <br />emergency or use for the purposes of this Section. The County agrees to use its best efforts to <br />seek "facilities hardening" funds and/or other funds available for natural disasters from the State <br />and/or Federal government and to apply such funds for the sole and the exclusive use of the <br />Facility. In the event the County receives Federal Emergency Management Agency ("FEMA") <br />proceeds or other funds for damage to or destruction of the Facility, the County agrees to <br />promptly apply such FEMA proceeds or other funds towards the clean up, repair, restoration, <br />construction or reconstruction of the Facility. To the extent that the County utilizes the Facility <br />for sheltering, the County shall be responsible for any shelter requirements and all costs <br />associated therewith. <br />ARTICLE VII <br />REVENUES <br />Section 7.01. Revenues. During the Term, MiLB shall control, collect, receive, and retain <br />all revenues generated by any means at or in connection with the Facility, including, but not <br />limited to, all revenues from ticket sales, food and beverage sales, merchandise sales, <br />concessions and products sales, novelties, parking, telecast and broadcast rights, pouring rights, <br />advertising, sponsorship, promotional and signage rights, permitted Facility naming, affiliation, <br />and or sponsorship rights, and any other revenues derived or generated in connection with <br />baseball and non -baseball events held at the Facility (exclusive of any County use events). <br />Section 7.02. Rebranding; Naming Rights. <br />Page 14 of 29 <br />
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