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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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ARTICLE XVI <br />ADDITIONAL IMPROVEMENTS <br />Section 16.01. Improvements. The County hereby acknowledges that it will undertake to <br />promptly complete the Improvements. No improvements to the Facility in addition to the <br />Improvements are presently contemplated by this Agreement. <br />Section 16.02. Additional Improvements Nothing contained in this Agreement shall <br />restrict or prohibit MiLB from making improvements to the Facility which are not described as <br />"Improvements" hereunder; provided that MiLB shall notify the County of such additional <br />improvements before MiLB undertakes to make them, and the County provides prior written <br />consent to such improvements. <br />ARTICLE XVII <br />ZONING AND PERMITTING <br />Section 17.01. Zoning and Permitting. It shall be the sole obligation of MiLB, with <br />assistance from the County, but not at County expense, to obtain any permits and/or zoning <br />changes which may be required to construct any improvements which MiLB may hereafter desire <br />to make to the Facility. The County, acting solely in its capacity as the fee owner of the Land, <br />shall cooperate with MiLB as may be reasonably required, to enable MiLB to obtain any permits <br />and/or zoning changes for the Improvements and any additional improvements, including, but not <br />limited to, by joining in any applications for such permits and/or zoning changes. <br />ARTICLE XVIII <br />CONSENTS AND APPROVALS <br />Section 18.01. Granting or Failure to Grant Approvals or Consents All consents and <br />approvals which may be given by a party under this Agreement shall, as a condition of their <br />effectiveness, be in writing. The granting by a party of any consent to or approval of any act <br />requiring consent or approval under the terms of this Agreement, or the failure on the part of a <br />party to object to any such action taken without the required consent or approval, shall not be <br />deemed a waiver by the party whose consent was required of its right to require such consent or <br />approval for any other act. <br />Section 18.02. Standard. Unless this Agreement specifically provides for the granting of <br />consent or approval at a party's sole discretion, then consents and approvals which may be given <br />by a party under this Agreement shall not (whether or not so indicated elsewhere in this <br />Agreement) be unreasonably withheld or conditioned by such party and shall be given or denied <br />Page 26 of 29 <br />
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