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2022-134
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Last modified
8/5/2022 12:12:39 PM
Creation date
8/5/2022 11:59:51 AM
Metadata
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Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
07/12/2022
Control Number
2022-134
Agenda Item Number
11.A.
Entity Name
Verotown, LLC
Subject
Second Amendment to the Amended and Restated Facility Lease Agreement
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business days after the Amendment Effective Date, the County shall be relieved of its <br />obligations set forth in Section 8.04(a)(5). The Holman Reimbursement Amount shall only <br />be used by Verotown to fund maintenance, Capital Improvements, and Repairs or <br />Replacements to Holman Stadium or any portion thereof but shall not be subject to any <br />restriction or limitation set forth in Sections 8.01 or 8.05(b) of the Agreement (but shall be <br />otherwise subject to the approval process for disbursement in Section 8.03 of the <br />Agreement). <br />3. Definitions. Section 1.02 of the Agreement is hereby amended by adding the following <br />defined term in the proper alphabetical order: <br />"Executive Building" means the offices, meeting rooms, fitness room, four (4) <br />batting cages and storage area located in Championship Hall, and, to the extent <br />required to comply with applicable permit requirements, all appurtenant parking, <br />hardscape, landscape, walkway, and canopy improvements extending from the <br />main entrance of Championship Hall. <br />4. Second Amendment Work; Additional Contribution to the Capital Reserve Account. <br />(a) Section 8.05(a) of the Agreement is hereby amended to add the following additional <br />Verotown Improvements (hereinafter collectively referred to as the "Second Amendment <br />Work"), which Second Amendment Work shall be completed by Verotown to both parties' <br />reasonable satisfaction no later than December 31, 2024: <br />"18. Utilizing a certified asbestos contractor that employs proper removal and <br />disposal practices, prescribed by the United States Environmental Protection Agency <br />(EPA), obtain all the necessary Federal, State, and Local permits, including building <br />permits, and cause to be performed the removal of non -friable asbestos within the walls <br />jointly identified by the parties in the hotel rooms set forth in Exhibit "A," replacement of <br />any walls removed with like walls in the same locations, and repair of any damage related <br />thereto to a standard as reasonably determined by Verotown; and <br />19. Demolish, design, permit, and reconstruct the Executive Building <br />reasonably similar to the facility rendering shown in Exhibit `B" to this Second <br />Amendment. The parties acknowledge that the new Executive Building will include all <br />appurtenant parking, hardscape, landscape, walkway, and canopy improvements required <br />to comply with applicable permitting requirements, and at Verotown's sole option may <br />contain additional improvements to these appurtenant facilities. <br />(b) As consideration for, and as a condition precedent to, Verotown performing the <br />Second Amendment Work, within three (3) business days after the Amendment Effective <br />Date the County shall deposit the following sums into the Capital Reserve Account (the <br />"Second Amendment Fund Amount'j: <br />1. Five Hundred Seventy Thousand and No/100 Dollars ($570,000.00) for the <br />project described in Section 8.05(a)(18); and <br />2 <br />
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