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2021-023
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2021-023
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Last modified
3/8/2021 1:08:49 PM
Creation date
2/16/2021 1:08:27 PM
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Template:
Official Documents
Official Document Type
First Amendment
Approved Date
02/09/2021
Control Number
2021-023
Agenda Item Number
11.B.
Entity Name
Jackie Robinson Training Complex
Verotown, LLC
Subject
First Amendment to the Amended and Restated Facility Lease Agreement
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16. Renovation of the Press Box at Holman Stadium; and <br />17. Repair the roof of the home plate concession stand at Holman Stadium. <br />14. The first sentence of Section 8.05(b) of the Agreement is deleted in its entirety and replaced <br />with the following in lieu thereof: <br />"Up to fifty percent (50%) of the costs of the Verotown Improvements identified in <br />paragraphs (a)(1) through (a)(13) above will be eligible for reimbursement to <br />Verotown from the Capital Reserve Account. The Verotown Improvements <br />identified in paragraphs (a)(14) through (a)(17) above shall be eligible for full <br />reimbursement from the County from the Capital Reserve Account. Should the <br />costs of the Verotown Improvements identified in paragraphs (a)(14) through <br />(a)(17) above be less than Two Million Fifty Thousand and No/100 Dollars <br />($2,050,000), any difference may be used for any past, current or future Capital <br />Improvement, Repairs and Replacements or Facility maintenance as determined in <br />Verotown's sole discretion. <br />15. Section 13.01 of the Agreement is hereby amended by deleting "245 Park Avenue, New <br />York, New York 10167" and inserting "1271 Avenue of the Americas, New York, New <br />York 10020" in lieu thereof. <br />16. Executive Building Roof. The County and Verotown hereby acknowledge that the <br />temporary roof of the Executive Building constructed by the County does not satisfy the <br />County Improvement obligations identified in the Agreement or this Amendment. The <br />parties agree that the County remains obligated to replace such temporary roof with a <br />permanent roof and the construction on such permanent roof shall commence on or before <br />September 23, 2022 (with the County to complete such construction to Verotown's <br />reasonable satisfaction as soon as reasonably possible following its commencement but not <br />later than March 31, 2023). In addition to completing the construction of the permanent <br />roof on or before March 31, 2023, the County shall complete its obligations to remediate <br />any mold in the Executive Building after the installation of the permanent roof and prior to <br />December 31, 2023. <br />17. Additional Insurance. Until the completion of the permanent roof replacement pursuant to <br />Section 16 of this Amendment, in addition to the obligations set forth in Section 8.04(e) of <br />the Agreement, the County agrees to reimburse Verotown up to One Hundred Thousand <br />and No/100 Dollars ($100,000.00) in documented business interruption losses that result <br />from a roofing failure of the roof of the Executive Building that prevents Verotown from <br />fully utilizing the Building for its intended purpose." <br />18. Due Dili eg nce. Within twenty (20) days of the Effective Date, County shall deliver to <br />Verotown copies of all documents related to any construction activities of the Press Box <br />and the first and third base concession stands, including, but not limited, to any <br />environmental reports, asbestos inspections, and architectural construction and engineering <br />documents (collectively, the "Documents"). No later than twenty (20) days after the <br />4 <br />
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