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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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beverage sales, merchandise sales, concessions and products sales, parking, advertising, <br />sponsorship, promotional and signage rights, and any other revenues derived or generated in <br />connection with the Permitted Uses. Dodgers shall control, collect, receive, and retain all <br />revenues generated by any means in connection with the use of the Parking Property during <br />Dodgers' Events. <br />Section 4.02. No Naming Rights. The City shall have no right to sell naming, <br />affiliation, and/or sponsorship rights in and to the Parking Property. Dodgers shall retain all <br />Naming Rights granted to them pursuant to Section 7.02 of the Facility Lease Agreement. <br />ARTICLE V <br />Default and Remedies <br />Section 5.01. <br />The <br />City's <br />Default. <br />The <br />occurrence of any <br />one or more of the following <br />events constitutes a <br />"Default" by <br />the City <br />under <br />this Agreement: <br />(a) Failure by the City to observe or perform in any material respect any <br />covenant, agreement, condition, or provision of this Agreement, if such failure continues <br />for thirty (30) days after written notice thereof has been delivered by Dodgers to the City; <br />provided, however, that the City shall not he in Default with respect to matters which <br />cannot reasonably be cured within thirty (30) days so long as within such thirty (30) day <br />period, the City commences such cure and diligently proceeds to complete the same <br />thereafter; <br />(b) The levy upon, under execution or the attachment by legal process, the <br />City's interest hereunder, or the filing or creation of a lien in respect of such interest, <br />which levy, attachment, or lien is not released, discharged or bonded against within one <br />hundred eighty (180) days from the date of such filing; <br />(c) The City is finally adjudicated insolvent or bankrupt or admits in writing <br />its inability to pay its debts as such mature, or makes an assignment for the benefit of <br />creditors, or applies for or consents to the appointment of a trustee or receiver for the City <br />or for the major part of its property; <br />(d) A trustee or receiver is appointed for the City or for the major part of its <br />property and such trustee or receiver is not discharged within one hundred eighty (18o) <br />days after such appointment; or <br />(e) Bankruptcy, reorganization, arrangement, insolvency or liquidation <br />proceedings, or any other proceedings for relief under any bankruptcy law, or similar law <br />for the relief of debtors, are instituted by or against the City, and, if instituted against the <br />City, are allowed against it or are consented to by it or are not dismissed within one <br />hundred eighty (180) days after such institution, to the extent pemritted by law. <br />If a Default occurs, Dodgers shall have the rights and remedies set forth in this Agreement, <br />which shall be distinct, separate, and, to the extent not mutually exclusive, cumulative, and shall <br />Page 9 of 21 <br />
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