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

Home Browse Search

5 equipment is of the appropriate standard. Further, the Park Board, or its designee, shall have the right to audit the Stadium in order to confirm the Team is maintaining the Stadium and associated equipment at an appropriate standard. The Team shall be the beneficiary of any equipment related warranties associated with the Stadium and such rights shall be assigned to the Team by the City. Notwithstanding, the foregoing, it shall be the Team’s sole responsibility to maintain and replace any and all equipment related to the “splash pad” play area up to the amount per year of One Hundred Thousand Dollars ($100,000.00). The City agrees to provide troubleshooting support for minor issues if and when requests. Any chemical purchases required for operation shall be the responsibility of the Team.” 6. Section 2.01 of the Stadium Agreement is deleted in its entirety and replaced by the following: “The initial term (“Initial Term”) of this First Amendment to the Stadium Agreement shall commence effective with the Effective Date hereof (“Commencement Date”) and continue through September 30, 2044. In addition to the Initial Term, the Team shall have the option to three (3) additional terms of five (5) years each (each an “Additional Term” and together the “Additional Terms”). Team may exercise its right to each Additional Term by notifying the RDA or Park Board, or its successor, in writing on or before August 1 of the last year of the then applicable Term of its intent to extend the Term (the Initial Term together with the Additional Term(s) are collectively the “Term”). In the event Team elects an Additional Term or Terms, all remaining terms and conditions of this Agreement will remain in full force and effect upon the mutual consent of the Parties.” 7. Section 3.02 of the Stadium Agreement is deleted in its entirety and replaced by the following: “STADIUM IMPROVEMENTS. The Parties agree all Stadium Improvements required under any previous stadium use agreement have been completed and the Parties will work together in good faith to complete any required Stadium Improvements under the PDL Rules and Regulations. The Parties hereto both note the joint efforts to exceed facility standards set forth in the PDL Rules and Regulations, specifically the improvements made to the stadium lighting, extended safety net installation, planned installation of a new stadium field, locker room renovations and the Stadium upgrades contemplated under the stadium renovation.” 8. Section 4.01 of the Stadium Agreement is deleted in its entirety and replaced by the following: “USE FOR HOME GAMES. Except as provided by the PDL Rules and Regulations, or due to an Untenantability Period, or in the event that the Stadium is unusable due to a force majeure, the Team agrees to cause the Club to play all its home games during its Baseball Season at the Stadium during the Term. In addition to permitting the Team to use the Stadium for its home games during the Baseball Stadium, the Park Board shall permit Team to use the Stadium for practices and tournaments. The Team shall be permitted to conduct promotional events before and after baseball games with all such events being scheduled