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2004-033 (2)
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2004-033 (2)
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Last modified
8/2/2017 1:37:25 PM
Creation date
9/30/2015 4:50:55 PM
Metadata
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Template:
Resolutions
Resolution Number
2004-033
Approved Date
03/23/2004
Resolution Type
Property Exchange
Entity Name
Dodgertown Ventures
Modification to Facility Lease Agreement
Subject
Dodgertown Ventures LLLP and County Property Exchange
Area
43rd Avenue
Archived Roll/Disk#
2746
Supplemental fields
SmeadsoftID
2193
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(d) "Parking Property" means the real property described in Exhibit A hereto <br /> and incorporated herein by reference. <br /> ARTICLE 11 <br /> PRIOR AGREEMENTS/PURPOSE <br /> Section 2.01 Prior Agreements. The parties hereto acknowledge that certain parking <br /> rights were granted to the County pursuant to the Parking Agreement(as defined in the Facility <br /> Lease Agreement), which rights were intended to benefit the Facility and the Dodgers use <br /> thereof. By this First Amendment,the parties intend to provide an alternate means of providing <br /> the rights and benefits accorded to the County by the Parking Agreement. Therefore, all prior <br /> agreements and understandings of the parties with respect to the provision of, or the obligation <br /> to provide parking for the Facility, including but not limited to, the Parking Agreement, the <br /> Facility Lease Agreement, the Development Agreement and the Declaration of Easements for <br /> Parking (collectively, the "Prior Agreements") are intended to be superceded by this First <br /> Amendment, but only with regard to the provisions in such Prior Agreements that pertain to <br /> parking for the Facility. Without limiting the effect of the foregoing, the parties hereby <br /> terminate, effective immediately, the Parking Agreement and the Declaration of Easements for <br /> Parking, and agree that any encumbrances placed on the Adjacent Land (as defined in the <br /> Declaration of Parking Easements),including, without limitation, any and all easements running <br /> with the land, are hereby lifted, voided, nullified, and removed. Evidence of the termination of <br /> the Parking Agreement and the Declaration of Easements for Parking shall be recorded among <br /> the Public Records of the County. In the event of a conflict between the provisions of this First <br /> Amendment and the provisions of any of the Prior Agreements, the provisions of this First <br /> Amendment will supercede and prevail over those of the Prior Agreements. <br /> Section 2.02 Purpose. The purpose of this First Amendment is to supplement and <br /> amend the Facility Lease Agreement so as to include the Parking Facility within the scope <br /> thereof and to set forth terms and conditions for the use and improvement of the Parking <br /> Property by the Dodgers pursuant to the Facility Lease Agreement. <br /> ARTICLE III <br /> AMENDMENT <br /> Section 3.01 Expansion of the Land; Ingress and Egress. In consideration of the <br /> obligations undertaken by the Dodgers in this First Amendment, the County hereby agrees to <br /> amend the Facility Lease Agreement so that, effective as of March 23, 2004, the property referred <br /> to in the Facility Lease Agreement and defined as the "Land" is hereby expanded to include and <br /> encompass the Parking Property described in Exhibit A hereof. The Dodgers shall provide, or <br /> Page 3 of 10 <br />
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