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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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Template:
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 13.13. Headings. The headings used herein are for convenience of reference <br />only and shall not constitute a part hereof or affect the construction or interpretation hereof. <br />Section 13.14. Severability. If any clause, provision, or section hereof is held illegal, <br />invalid, or unenforceable by any court, the illegality, invalidity, or unenforceability of such <br />clause, provision or section shall not affect any of the remaining clauses, provisions, or sections <br />hereof, and this Agreement shall be construed and enforced as if such illegal, invalid, or <br />unenforceable clause, provision or section had not been contained herein. <br />Section 13.15. Waiver. No failure on the part of any party to exercise, and no delay in <br />exercising, and no course of dealing with respect to any right hereunder, shall operate as a waiver <br />thereof, nor shall any single or partial exercise of any right hereunder preclude any other or <br />further exercise thereof or the exercise of any other right or remedy provided at law or in equity, <br />except as expressly set forth herein. <br />Section 13.16. <br />Terminology. <br />All <br />personal <br />pronouns used herein, whether used in the <br />masculine, feminine, or <br />neuter gender, <br />shall <br />include <br />the singular. <br />Section 13.17. Third Party Beneficiary. No person other than MiLB, the County, the <br />Indemnified County Parties, the Indemnified MiLB Parties, and the permitted successors and <br />assigns of such, shall have any rights whatsoever under this Agreement. <br />Section 13.18 Radon Notice. Chapter 88-285, Laws of Florida, requires the following <br />notice to be provided with respect to the contract for sale and purchase of any building, or a <br />rental agreement for any building, and the parties hereto acknowledge and confirm receipt of the <br />following: <br />"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has <br />accumulated in a building in sufficient quantities, may present health risks to persons <br />who are exposed to it over time. Levels of radon that exceed federal and state <br />guidelines have been found in buildings in Florida. Additional information regarding <br />radon and radon testing may be obtained from your county health department." <br />Section 13.19 Estoppel Certificates. At any time, within twenty (20) days after request <br />by either party, the other party shall certify in writing to the requesting party, or any person <br />specified by the requesting party, to the effect (a) whether this Agreement is unmodified and in <br />full force and effect (or if there has been modification, that the same is in full force and effect as <br />modified and setting forth such modification); (b) whether or not to the best of the other party's <br />knowledge, the requesting party is in Default hereunder; and (c) any other information which the <br />requesting party reasonably requests to be confirmed. <br />Page 22 of 29 <br />
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