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2009-233
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Last modified
3/14/2016 11:53:15 AM
Creation date
10/1/2015 3:49:45 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/08/2009
Control Number
2009-233
Agenda Item Number
12.H.1
Entity Name
Every Dream Has A Price
Subject
Holman Stadium Use Agreement
Area
Holman Stadium
Supplemental fields
SmeadsoftID
10784
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Section 6 . 04 . The County' s Use of Holman Stadium and the Practice Fields . The <br /> County shall have the right to use Holman Stadium and/or the practice fields , for up to <br /> ten ( 10 ) days per Lease Year , together with any use associated with the community ' s <br /> annual " Harvest Festival " each year , at no charge to the County (other than reimbursing <br /> MiLB for any operating expenses incurred by MiLB as a result of the County ' s use of <br /> Holman Stadium and/or the practice fields ) . The dates during which the County may <br /> use Holman Stadium and/or the practice fields shall be selected by mutual agreement of <br /> the parties ; provided that , if the parties cannot agree on the dates , MiLB ' s reasonable <br /> selection of dates shall be final and controlling . Provided , however , that MiLB will defer <br /> to the County and cooperate in scheduling and making the Facility available for the <br /> community ' s annual " Harvest Festival . " The County may use Holman Stadium and/or <br /> the practice fields only for functions which do not directly compete with revenue - <br /> generating events which have been otherwise arranged by MiLB . Moreover , the <br /> County ' s use of Holman Stadium and/or the practice fields must not interfere in any way <br /> with MiLB ' s use and quiet enjoyment of the Facility . The County shall not use or <br /> authorize the use of Holman Stadium and/or the practice fields in any manner which <br /> would have a material detrimental impact on Holman Stadium and/or the practice fields , <br /> and the County shall be and remain solely responsible for any damage or destruction to <br /> Holman Stadium and/or the practice fields by the County or its assignee . The County , <br /> or its assignee , shall be entitled to retain the revenues from ticket sales for its events , <br /> and concessions sold during the events when Holman Stadium and/or the practice <br /> fields are utilized by the County ; provided , however , that although MILB covenants to <br /> cooperate with the County in such endeavors , MiLB shall not be required to provide <br /> concession management services and/or any other related services during any County <br /> event . In all cases , MiLB shall be reimbursed by the County for any operating costs and <br /> expenses incurred by MiLB as a result of the County ' s use of Holman Stadium and/or <br /> the practice fields , including , but not limited to , the cost of any parking attendants , ticket <br /> takers , security personnel , clean - up crews , and the like provided by MILB . Prior to <br /> using Holman Stadium and/or the practice fields as provided herein , the County shall <br /> cause MiLB to be named as an additional insured on the County' s general liability <br /> insurance policy and shall deliver to MiLB a certificate of insurance which verifies the <br /> existence of the policy and the fact that MILB is named as an additional insured . <br /> Lease Year means a twelve - month period commencing on May 1 st of any calendar year <br /> of the Term hereof and ending on April 301h of the following calendar year ; provided , <br /> however , that the First Lease Year shall commence as of the Effective Date and end on <br /> the first April 30th following the Effective Date , <br /> ATTACHMENT 1 <br />
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