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unique and diverse, and include, but are not limited to, entertainment for the community, the
<br />creation of new jobs and increased employment opportunities, increased tourist trade and
<br />promotional opportunities, direct and indirect tax revenues, and the enhancement of the
<br />community's image; and
<br />F. WHEREAS, because of the aforementioned benefits to the community, the
<br />County purchased the Facility in 2000, and has incurred the debt service designed to
<br />accommodate the baseball spring training and other associated Facility uses; and
<br />G. WHEREAS, in recognition of the commitment made by the County and the
<br />community, Verotown desires to conduct baseball, athletic, conference and associated
<br />operations, including potentially spring training operations, at the Facility during the Term of
<br />this Agreement and to operate, maintain, and manage the Facility in accordance with the terms
<br />hereof; and
<br />H. WHEREAS, Verotown and the County now desire to amend and restate the
<br />Initial Lease in its entirety, so that from and after the Effective Date, this Agreement shall serve
<br />as an amendment and restatement of all prior leases, letters, expressions of intent, agreements or
<br />understandings, whether oral or written, between the County Verotown and MLB, relating to any
<br />portion of the Facility, including, without limitation, the Initial Lease, and all such prior leases,
<br />expressions of intent, agreements or understandings, whether oral or written, are hereby null,
<br />void and of no further force and effect, and the terms and conditions of this Agreement shall
<br />supersede and replace the terms and conditions of all such prior leases, letters, expressions of
<br />intent, agreements or understandings, whether oral or written, with respect to the Facility.
<br />COVENANTS
<br />NOW, THEREFORE, in consideration of the foregoing Recitals (which are hereby
<br />incorporated into this Agreement) and the mutual promises and covenants set forth below, IT IS
<br />AGREED AS FOLLOWS:
<br />ARTICLE I
<br />DEFINITIONS / EXHIBITS
<br />Section 1.01. Exhibits. True and correct copies of all of the exhibits referenced in this
<br />Agreement will be initialed by the parties and attached to this Agreement, and such exhibits will
<br />thereafter be incorporated into this Agreement by this reference.
<br />Section 1.02. Definitions. The following terms will have the following meanings:
<br />(a) "Agreement" means this Amended and Restated Facility Lease Agreement
<br />between Verotown and the County, and all of the attached exhibits.
<br />(b) "Capital Improvements" means any fixed capital expenditure or capital
<br />outlay associated with the construction, reconstruction, or improvement of the Facility
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