Amendment No. 1 to Use Agreement - Swing Batter Swing LCC

Home Browse Search

1 FIRST AMENDMENT TO AMENDED AND RESTATED STADIUM USE, MANAGEMENT AND OPERATIONS AGREEMENT DATED JANUARY 19, 2021 This First Amendment to the Amended and Restated Stadium Use, Management and Operations Agreement dated January 19, 2021 (this “First Amendment”) is made effective as of [December 10, 2024] (the “Effective Date”), by and between the South Bend Redevelopment Authority, (the “RDA”), and Swing Batter Swing LLC, an Indiana limited liability company (the “Team”) (each a “Party,” and collectively the “Parties”). RECITALS A. The City of South Bend Board of Park Commissioners (“Parks Board”) and Team entered into a certain Stadium Use, Management, and Operations Agreement dated January 19, 2021 (the “Stadium Agreement”) for the use of Four Winds Field at Coveleski Stadium which is located at 501 West South Street, South Bend, Indiana 46601 (“Stadiums”). B. Team owns the Club (as defined herein). C. The Park Board transferred its property interest in the Stadium to its successor in interest, the South Bend Redevelopment Authority (“RDA”) effective May 20, 2024 to facilitate the financing of the renovation of the Stadium described herein. D. The Park Board assigned its interest in the Stadium Agreement to the RDA effective May 20, 2024. (“Assignment”). The Assignment received all necessary PDL Approvals (as defined herein) on March 22, 2024. As part of the Assignment of the Stadium Agreement to the RDA, it was expressly recognized the ongoing management of the Stadium Agreement would remain under the Parks Board. E. The City of South Bend, Indiana (the “City”) has committed to a major renovation project of approximately Forty Eight Million Dollars ($48,000,000.00) to the Stadium into a state of the art baseball facility in full compliance with the PDL Rules and Regulations to better service the needs of the citizens of the City, fans of the Team and the Player Development opportunities for the players. F. The City, through its authorized representatives, and the Team have submitted this First Amendment for review by MLB PDL, as defined herein, to receive PDL Approval, as defined herein, permitting the Parties to execute this Frist Amendment. G. The Team and the RDA agree to the proposed modifications, and, therefore, the Parties now amend the Stadium Agreement as stated in this First Amendment.