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2004-245
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2004-245
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Last modified
4/3/2018 11:24:40 AM
Creation date
9/30/2015 8:17:56 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Miscellaneous
Approved Date
10/19/2004
Control Number
2004-245
Agenda Item Number
None
Entity Name
Dodgertown Venture, LLLP
Subject
Property Exchange portions of former Dodgertown Golf Course
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4579
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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 <br />referred to in the Facility Lease Agreement and defined as the "Land" is hereby expanded to <br />include and encompass the Parking Property described in Exhibit A hereof. The Dodgers shall <br />provide, or shall cause to be provided, adequate ingress and egress to and from the Parking <br />Facility to 43rd Avenue and/or 26f Street adequate to provide for the orderly movement of <br />vehicles to and from the Parking Facility. All other rights and obligations that the Dodgers may <br />have with regard to the Land pursuant to the Facility Lease Agreement, including, without <br />limitation, the option to purchase the Land pursuant to Section 2.05 of the Facility Lease <br />Agreement, shall hereafter apply to the Parking Property. During the Term, the County shall <br />not lease to or grant to any person other than the Dodgers, the right to use, manage, or operate <br />the all or any portion of the Parking Property. <br />Section 3.02 Management of the Parking Facility. Except as otherwise provided in this <br />First Amendment, the Dodgers shall have the exclusive right to use, manage, and operate the <br />Parking Facility at their sole discretion in accordance with the terms and purposes of the <br />Facility Lease Agreement. The Dodgers shall not cause, permit, or suffer any waste or damage, <br />disfigurement, or injury to the Parking Facility or the fixtures or equipment thereon, with the <br />exception of reasonable wear and tear, loss or damage by fire, natural catastrophe, or other <br />casualty, or condemnation. Notwithstanding anything to the contrary contained in this First <br />Amendment, the Dodgers shall not be responsible for ad valorem real estate taxes, if any, <br />assessed or collected with respect to the Parking Facility, which (if any) are payable by the <br />County as provided in Section 4.04 of the Facility Lease Agreement. The County shall not <br />remove any FF&E from the Parking Facility, and the Dodgers shall have the right, during the <br />Term, to use all FF&E in place prior to or after the Effective Date. During the Term, the <br />Dodgers shall have, but not be limited to, the following rights, responsibilities, and obligations <br />in connection with the Parking Facility: <br />(a) Provide for at not less than 2,358 parking spaces, or such larger number <br />of spaces as equals not less than 108% of the required number of parking spaces for the <br />Facility in order to meet the applicable code requirements of the City; <br />(b) At their sole discretion, determine the form and structure of the Parking <br />Improvements and, in accordance with the provisions of Articles IV and VIII of the <br />Facility Lease Agreement, construct the Parking Improvements on the Parking Property; <br />(c) Perform all maintenance of the Parking Facility, including by providing <br />all of the labor and materials required to keep the Parking Facility clean and free of <br />debris and by repairing, maintaining, and replacing all components of the Parking <br />{FT218339;2 f <br />Page 4 of 11 <br />
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