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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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(d) The City shall not knowingly occupy or use the Parking Property for any <br />purpose or in any manner that is unlawful or is not in accordance with the Permitted <br />Uses. <br />(e) Except as such records relate to proprietary or confidential business <br />functions of the City, the City shall maintain all records concerning its responsibilities <br />under this Agreement which are either required to be maintained pursuant to applicable <br />law or which are necessary to verify Dodgers' rights and/or the City's obligations under <br />this Agreement, which records shall be made available to Dodgers at the City's principal <br />place of business during regular business hours upon two (2) days' prior written notice <br />from Dodgers. <br />(f) In accordance with the policies and standards set by Dodgers pursuant to <br />this Agreement, the City shall function as an independent contractor in fulfilling the <br />duties required by this Agreement. All staff required by the City to accomplish its <br />obligations under this Agreement shall be employees of the City and not Dodgers. <br />(g) The City takes the Parking Property "as is" as of the Effective Date hereof, <br />with no warranty whatsoever from Dodgers as to its condition or its fitness for the <br />intended purposes or Permitted Uses. <br />(h) The City shall provide, at its sole expense, all equipment needed to <br />perform its responsibilities hereunder. <br />(i) In connection with the Permitted Uses, the City shall not undertake any <br />improvements to the Parking Property without the prior permission of (i) Dodgers and <br />(ii) the County to the extent required pursuant to the Facility Lease Agreement, <br />0) If Dodgers reasonably believe that the City's failure to comply with any of <br />its obligations under this Agreement involves a "life safety issue," as hereinafter defined, <br />Dodgers shall have an immediate right to correct the life safety issue and all reasonable <br />costs and expenses incurred by Dodgers in correcting the life safety issue shall be due <br />and payable by the City to Dodgers within thirty (30) days after the submission of an <br />invoice to the City for the payment of same. If such amount is not paid when due, it shall <br />bear interest at the prime rate published by the Wall Street Journal from time to time from <br />the date that the City received Dodgers' invoice until the date payment was made. For <br />purposes of this Agreement, a "life safety issue" means a situation which imposes an <br />immediate threat of bodily harm or death to any users or occupants of the Facility or any <br />portion thereof, including the Parking Property. <br />(k) Other than the Improvements, or except as otherwise authorized in this <br />Agreement, the City shall not construct any additional buildings or structures on any <br />portion of the Parking Property, or make any structural or exterior modifications or <br />improvements to the Parking Property, without the prior written approval of Dodgers, <br />which approval shall not be unreasonably withheld. Notwithstanding the foregoing, the <br />City shall not make any modifications or improvements of any type to the Parking <br />Property if such modifications or improvements will impede Dodgers' use of the Parking <br />Property for parking during Dodgers' Events at the Facility. All Improvements, <br />Page 6 of 21 <br />
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