|
prescriptive or otherwise, which rights shall run with the Land and inure to the benefit of the
<br />County and Verotown.
<br />Section 3.02. Verotown's Rights and Obligations._ Except as specifically provided in this
<br />Agreement, Verotown is exclusively responsible for managing, operating, and maintaining the
<br />Facility at its sole discretion and expense (subject to any eligible reimbursement as set forth in
<br />this Agreement) during the Term in accordance with the Maintenance Standards. Verotown shall
<br />not cause, permit, or suffer any waste or damage, disfigurement, or injury to the Facility or the
<br />fixtures or equipment thereon, with the exception of reasonable wear and tear, loss or damage by
<br />fire, natural catastrophe, or other casualty, or condemnation. The County shall not remove any
<br />FF&E from the Facility and Verotown has the right, during the Term, to use all FF&E in place
<br />prior to or after the Effective Date. In addition to the FF&E provided by the County, and to
<br />satisfy the Maintenance Standards, Verotown shall provide certain equipment to be kept at the
<br />Facility to assist with its efforts to maintain the Facilities (the "Verotown Equipment"). If
<br />required to comply with the Maintenance Standard, Verotown shall be responsible for the
<br />replacement of the FF&E and Verotown Equipment subject to normal wear and tear (subject to
<br />any eligible reimbursement as set forth in this Agreement) during the Term. During the Term,
<br />Verotown has, but is not limited to, the following rights, responsibilities, and obligations in
<br />connection with the Facility:
<br />(a) At its sole discretion, control the scheduling and use of the Facility as a
<br />publicly operated, athletic, entertainment and conference facility for all baseball and non -
<br />baseball events, including potential MLB spring training events;
<br />(b) Perform all maintenance of the Facility, including by providing all of the
<br />labor and materials required to keep the Facility clean and free of debris and by repairing,
<br />maintaining, and replacing all components of the Facility consistent with the
<br />Maintenance Standards;
<br />(c) Except as otherwise provided in this Agreement, maintain the Facility,
<br />including, but not limited to, the parking lots at the Facility, the structural portions of the
<br />Facility, the foundation of the Facility, the exterior structural walls of the Facility, all
<br />electrical, plumbing, heating, ventilating, air- conditioning, mechanical and utility
<br />systems for the Facility (beginning at the point where they are stubbed out to the Facility)
<br />or any portion thereof, including any portion located in the Facility, in good order,
<br />condition, and repair, in a clean, sanitary, and safe condition, and in accordance with all
<br />applicable laws and regulations;
<br />(d) Except as otherwise provided in this Agreement, provide all security,
<br />crowd control, maintenance, cleaning, landscaping and other personnel or independent
<br />contractors required for the proper maintenance and operation of the Facility consistent
<br />with the Maintenance Standards;
<br />(e) All of the costs associated with the obligations set forth in this Section
<br />3.02 that exceed the annual contribution of the County as set forth in Section 8.01 of this
<br />Agreement shall be performed by Verotown at its sole cost and expense.
<br />7
<br />
|