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2009-072
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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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(aa) Term means the Initial Term and any Renewal Terms. <br />ARTICLE II <br />TERM/OPTIONS TO RENEW/RENT <br />Section 2.01. Initial Term. The "Initial Term" of this Agreement shall commence on the <br />Effective Date and shall expire on April 30, 2014, unless this Agreement is terminated earlier by <br />the parties pursuant to the provisions hereof. <br />Section 2.02. Renewal Term. For purposes of this Agreement, a "Renewal Term" means <br />a term of five (5) years commencing upon the expiration of the Initial Term or the immediately <br />preceding Renewal Term, if any. <br />Section 2.03. Option to Renew. MiLB shall have two (2) successive options to renew <br />this Agreement for a Renewal Term. MiLB shall exercise their right and option for the first <br />Renewal Term by serving written notice upon the County of their election to exercise said option <br />at least eighteen (18) months before the expiration of the then -current Term. MiLB shall <br />exercise their right and option for the second Renewal Term by serving written notice upon the <br />County of their election to exercise said option at least twelve (12) months before the expiration <br />of the first Renewal Term. If MiLB fails to provide such notice within the aforementioned time, <br />then MiLB's right and option to renew shall continue in full force until the County notifies MiLB <br />that the renewal notice has not been received and MiLB fails to exercise their renewal rights <br />within sixty (60) days after receipt of the County's notice since, it being the intention of the <br />parties that MiLB shall not lose any renewal right through inadvertence. Except for the reduction <br />in Liquidated Damages in Section 10.05 hereof, each Renewal Term shall be upon the same <br />terms and conditions as the Initial Term. <br />Section 2.04. Rent. MiLB shall pay to the County the sum of One Dollar (51.00) per <br />Lease Year as rent payable in advance. Receipt of such rent by the County is hereby <br />acknowledged. <br />ARTICLE III <br />MiLB'S USE OF THE FACILITY <br />Section 3.01. Lease and Grant of Management Rights with Respect to the Facility. The <br />County hereby leases to MiLB, and MiLB hereby leases from the County, the Land, the Facility <br />and the FF&E. The County hereby transfers to MiLB the food and beverage inventory and <br />consumables on the premises and reasonably associated with the Facility. Except as otherwise <br />provided in this Agreement, MiLB shall have the exclusive right and obligation to use, manage, <br />and operate the Facility at its sole discretion in accordance with the terms and purposes of this <br />Agreement. MiLB covenants to use the Facility in accordance with Section 5.01 hereof, which <br />Page 5 of 29 <br />
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