HomeMy WebLinkAboutNorthwest Baseball Ventures Baseball Stadium Lease Exp 12/31/2008 LEASE 49 , 00 65566� 28A
PASCO CITY OF _
Franklin Coi WA
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BASEBALL STADIUM
LEASE �y
THIS BASEBALL STADIUM LEASE ("Lease") is made and entered into this 6 hday
of June, 2004, by and between the CITY OF PASCO, a Washington municipal corporation
("City"), and NORTHWEST BASEBALL VENTURES I LLC, a Washington limited liability
company (the "Tenant").
RECITALS :
City owns certain real property in Franklin County, Washington, legally described in
Exhibit A attached hereto (the "Property"), upon which City has constructed a baseball stadium
and related improvements (the `Baseball Stadium"). Tenant desires to lease from City, and City
agrees to lease to Tenant, the Property and Baseball Stadium (collectively the "Premises") on the
terms and conditions set forth herein.
NOW, THEREFORE, City and Tenant hereby agree:
I. LEASE
City leases to Tenant and Tenant leases from City, in accordance with the terns hereof,
the Premises (including the Baseball Stadium located thereon).
II. USES
2. 1 Uses.
a. Use. Subject to Section 2. 1c, Tenant shall have the exclusive and
unrestricted right to use and operate the Premises for any baseball or non-baseball events that
Tenant sponsors or that Tenant allows third parties to sponsor. Tenant shall operate the Premises
in a sound and professional manner. The Premises shall be a public facility, and the seating,
parking, concession stands, restroom facilities, and other specified areas thereof shall be open to
the public, subject to reasonable admission fees and other reasonable restrictions.
Notwithstanding the foregoing, Tenant may not use the Premises, or permit any other person or
entity to use the Premises, for any improper, immoral or unlawful purpose, for a use or purpose
inconsistent with applicable zoning or the primary use of the Premises for professional baseball
purposes, or for any use that would constitute a public or private nuisance or would make void or
voidable any insurance then in force with respect to the Premises. Tenant also may not use the
Premises, or permit any other person to use the Premises, for flea markets, bazaars, or similar
events for the sale of used or second-hand items.
b. Baseball Equipment. This Lease includes the right of Tenant to use at the
Premises the baseball equipment identified in Exhibit B attached hereto (the "Equipment'). City
makes no warranty or representation concerning the condition of such Equipment. Tenant agrees
to maintain such Equipment in good working condition (reasonable wear and tear excepted) and
to replace items of Equipment as reasonably necessary. Upon the expiration of the Tern (as
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defined below) of this Lease all items of Equipment, including replacements thereof, shall
belong to City, provided that with respect to replacements that are less than two (2) years old as
of the date of expiration of the Lease, such replacements shall become the property of the City
only if the City reimburses Tenant for the unamortized cost incurred by Tenant to purchase such
replacements, based upon an amortization period of the lesser of sixty (60) months or the useful
life of such replacements.
C. Other Uses. Subject to the scheduling provisions set forth in this Lease,
City shall have the right to use the Premises for up to five (5) community events sponsored by
City (each a "Community Event") per calendar year during the Term, including a 4`h of July
fireworks display. Each day of a multi-day Community Event shall count as one Community
Event. Tenant shall allow community baseball events and baseball events sponsored by local
colleges and universities to take place in the Baseball Stadium at the lowest reasonable rental
rate possible, and subject to the availability of the Baseball Stadium. Such baseball events shall
not be deemed Community Events. Non-baseball events sponsored by Tenant or by third parties
and Community Events shall, collectively, be "Other Events" Tenant shall operate the Baseball
Stadium during Community Events and City shall reimburse Tenant for Tenant's reasonable
actual out-of-pocket cost of operating the Baseball Stadium during such events, including $ 100
for utility costs if the Community Event includes the use of the baseball field lights.
2.2 Exclusive Rights. Tenant shall have the exclusive right during the Term to do the
following:
a. To use the Premises (including the locker rooms) for professional baseball
purposes and to conduct Other Events permitted by this Lease;
b. To allow third party sponsors to use the Premises to conduct Other Events
permitted by this Lease;
C. To use the baseball team office located within the Premises;
d. To use the storage facilities dedicated to the baseball team and its
equipment;
e. To solicit advertisements to be located on the interior walls of the Baseball
Stadium, including without limitation, those to be located on the scoreboard, and to solicit
advertisements to be located on that portion of the exterior walls of the Baseball Stadium above
the concourse area and described in Exhibit C, and to install and receive revenue from such
advertisements. Tenant may not display advertisements on the exterior walls of the Baseball
Stadium, other than above the concourse area, without City's prior consent. Advertisements that
occur inside or on the exterior walls of the Stadium may not include or connote adult content,
firearms or tobacco. City may place signage within the Baseball Stadium announcing upcoming
City functions and events with Tenant's prior consent, which consent may not be unreasonably
withheld.
f. To direct all aspects of the operation, management and control of the
Premises, except as expressly set forth in this Lease;
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g. To sell food, drink and souvenir concessions (collectively "Concessions")
to patrons of the Premises during baseball games or Other Events, subject to the provisions
contained in Section VIII below; and
h. To use the press box area during baseball games, and during all Other
Events sponsored by Tenant or third parties taking place within the Baseball Stadium Public
address equipment provided by Tenant shall be available for the use by City for Community
Events, provided such public address equipment is operated by an employee or designee of
Tenant or an employee or designee of City trained to use such equipment and approved by
Tenant (such approval not to be unreasonably withheld). If the public address equipment is
operated by an employee or designee of Tenant for a Community Event, City shall reimburse
Tenant for the reasonable actual costs to make such employee or designee available to operate
such equipment.
2.3 Schedulin¢. On or before September I" of each calendar year, beginning
September 1 , 2004, City shall deliver to Tenant a schedule of the soccer tournaments to be held
during the next calendar year in the playing fields adjacent to the Baseball Stadium. Tenant shall
use its best efforts to prevent the Northwest League (the "Northwest League"), which is a
member of the National Association of Professional Baseball ("NAPBL") from scheduling a
Minor League Baseball game in the Baseball Stadium on a date that a soccer tournament will be
held in the playing fields adjacent to the Baseball Stadium. If a Minor League Baseball game is
scheduled in the Baseball Stadium on the date of a soccer tournament, Tenant shall schedule
such baseball game as a night game. City shall submit a request to Tenant to use the Baseball
Stadium for a Community Event at least thirty (30) days before the proposed date of the
Community Event, Tenant shall make reasonable efforts to accommodate City's scheduling
requests for Community Events. Tenant shall also make reasonable efforts to accommodate
other soccer tournaments in the playing fields adjacent to the Baseball Stadium (in addition to
those designated under the first sentence of this Section 2.3) if requested by City. Soccer
tournaments scheduled for the remainder of 2004 are listed in Schedule 1 , which dates are
acknowledged by Tenant.
In addition to the foregoing, Tenant shall not schedule a baseball game or Other Event on
the 4`" of July, and the Baseball Stadium shall be reserved for the City's 4t° of July fireworks
display.
III. TERM
3. 1 Term. The term of this Lease shall commence upon satisfaction of the Conditions
set forth in Section 3 .2 below (the "Effective Date"), and shall expire on December 31, 2008 (the
"Term").
3.2 Limitations. The parties' obligations and rights under this Lease are subject to the
satisfaction, on or before June 17, 2004, of the following conditions (the "Conditions"):
a. The acquisition by Tenant of the minor league professional baseball team
previously owned by Portland Family Entertainment Limited Partnership and/or Portland
Baseball, Inc. (the "Team").
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b. Approval by the governing entities of organized baseball to the acquisition
of the Team by Tenant.
If the Conditions have been satisfied on or before June 17, 2004, Tenant shall give
written notice thereof to City, together with reasonable evidence of the satisfaction of such
Conditions. If Tenant fails to give City the appropriate notice on or before the June 17, 2004 that
the Conditions have been satisfied, the Conditions shall be deemed not to have been satisfied and
this Lease shall automatically terminate unless the parties otherwise agree.
3.3 Tenant Early Termination Rights. Tenant shall have the right to terminate this
Lease effective December 31 , 2005, upon written notice of termination delivered to the City on
or before September 15, 2005. Tenant shall have the right to terminate this Lease effective
December 31 , 2006 upon written notice of termination delivered to the City after September 15,
2005 and on or before September 15, 2006. Tenant shall have the right to terminate this Lease
effective December 31 , 2007 upon written notice of termination delivered to the City after
September 15, 2006 and on or before September 15, 2007.
3 .4 City Early Termination Rights. City shall have the right to terminate this Lease
effective December 31 , 2005 upon written notice of termination delivered to Tenant on or before
September 20, 2005. City shall have the right to terminate this Lease effective December 31 ,
2006 upon written notice delivered to Tenant after September 20, 2005 and on or before
September 20, 2006. City shall have the right to terminate this Lease effective December 31 ,
2007 upon written notice delivered to Tenant after September 20, 2006 and on or before
September 20, 2007. If City terminates this Lease as provided herein, City shall also pay to
Tenant an early termination fee in the amount of $20,000. However, no termination fee shall be
payable if City terminates this Lease as a result of a default by Tenant as provided in Article XIII
below. City agrees not to exercise its rights to terminate this Lease solely as a basis to seek to
renegotiate this Lease with Tenant.
IV. RENT, ADDITIONAL PAYMENTS
4. 1 Rent. Tenant agrees to pay annual rent in the following amounts ("Rent"):
Period Annual Rent
From the Effective Date to 12/31 /04 $15,000
111105 to 12/31/05 $179500
1/1/06 to 12/31/06 $209000
1/1/07 to 12/31/07 $22,500
1/1/08 to 12/31/08 $25,000
Rent shall be paid to City at 525 North 3rd Avenue, Pasco, Washington 99301 , Attention:
City Treasurer ("City' s Address"). Tenant shall pay Rent in a lump sum annually on June 15 of
each calendar year during the Term. Tenant shall pay a late service charge on all past due rent at
the rate of five percent (5%) per month, but in no event higher than the legal limit. The Rent
specified in this Section 4. 1 includes the leasehold excise tax of 12.84% payable in accordance
with Chapter 82.29A RCW (the "Leasehold Tax"). Tenant shall pay the Rent to City, and City
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PASCO CITY
will forward to the State of Washington as required by law that portion of the Rent which is
allocable to the Leasehold Tax.
If City raises the admission tax on tickets to view events in the Baseball Stadium above
two and one-half percent (2.5%), the Rent set forth above shall be reduced on a dollar for dollar
basis for each year the dollar amount of admission taxes collected by Tenant for such year in
excess of 2.5% of the price of each ticket sold. In the event Tenant has already paid Rent, City
shall refund to Tenant a portion of the Rent overpaid as a result of the application of this
provision.
4.2 Additional Rent.
a. Tenant shall pay City as additional rent ("Additional Rent") for each
Lease Year (beginning with the Lease Year commencing January 1 , 2006) five percent (5%) of
all base ticket revenues associated with the use and operation of the Premises by Tenant, in
excess of $250,000. "Base ticket revenues" shall mean the base ticket revenues for all paid
tickets to attend and/or view events sponsored by Tenant. Base ticket revenues shall be the
actual revenues generated by all ticket sales, exclusive of (i) revenues to pay admission taxes,
(ii) trade and complementary tickets, and (iii) the MLB ticket tax (currently 4.5%, and not to
exceed 5% for purposes of calculating base ticket revenues hereunder). If Tenant packages
tickets with other goods and/or services (e.g., hot dogs, soft drinks, etc.), base ticket revenues
shall be calculated only on that portion of revenues reasonably allocated to the tickets to view the
event, which will in no case be less than fifty percent (50%) of the face value of the ticket. If
Tenant sells tickets at a discount from their face value, base ticket revenues shall be calculated
from the discounted price of such tickets. Ticket revenues based on season or advanced ticket
sales shall be deemed "collected" by Tenant for purposes of determining Additional Rent on the
respective dates that events covered by such tickets actually occur. No Additional Rent shall be
payable for Community Events or "free" events if Tenant is merely reimbursed the its reasonable
costs to make the Premises available for such event. For purposes of calculating Additional
Rent, a Lease Year shall be the 12-month period from January 1 to the next December 31 .
b. With respect to Other Events at the Premises sponsored by a third party,
Tenant shall pay City as Additional Rent ten percent (10%) of the net sublease/license fees paid
to Tenant by the third party to use the Baseball Stadium for such Other Event. Net
sublease/license fees shall be the sublease/license fees paid to the Tenant with respect to such
Other Event, less the reasonable and actual costs and expenses incurred by Tenant with respect to
such Other Event.
C. On or before October 1 , of each year, Tenant shall remit to City a
summary events reconciliation statement for the year to date, and including the entire baseball
season. The reconciliation statement shall set forth ticket sales for all events sponsored by
Tenant and net sublease/license fees paid to Tenant by third parties during such year to date. If
as a result of such statement Additional Rent is due, such Additional Rent shall be paid
simultaneously with the delivery of such statement. If Tenant or a third party sponsors Other
Events in such year after the effective date of the reconciliation statement, then within ten ( 10)
days after such Other Event, Tenant shall remit to City a reconciliation statement for such Other
Event and pay any Additional Rent (if any) due as a result of such Other Event.
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d. Tenant shall maintain documentation and records verifying the ticket sales
for each event held within the Baseball Stadium sponsored by Tenant and net sublease/license
fees for each event held within the Baseball Stadium sponsored by a third party for a period of
two (2) years after the date of such event. Upon written request by City, Tenant shall make such
documentation reasonably available for an audit by City, or its duly authorized representatives,
to verify the accuracy of the Additional Payments remitted by Tenant.
e. If the Additional Rent is included in contract rent for purposes of
calculating the Leasehold Tax, City shall pay such Leasehold Tax, including all applicable
penalties and interest thereon, from the Additional Rent remitted by Tenant and the Additional
Rent shall be deemed to have been reduced by the amount of such Leasehold Tax.
£ Tenant shall include in all written agreements with third parties that
sponsor Other Events, the right of City to audit such third parties' records regarding payment of
sublease/license fees.
V. UTILITIES
5. 1 Utilities
a. Utility Charges. Tenant shall pay or cause to be paid when due, and shall
indemnify, protect and hold harmless City and the Premises from all charges for public or private
utility services to the Premises during the Term, including without limiting the generality of the
foregoing, all charges for heat, light, electricity, potable water, gas, telephone service, garbage
collection and sewer and drainage service. Notwithstanding the foregoing, the City shall provide
irrigation water to Tenant at no cost to Tenant.
b. Interruptions of Utility Services. City shall not be liable to Tenant in
damages or otherwise (i) if any utility shall become unavailable from any entity (including City)
supplying or distributing such utility, or (ii) for any interruption in any utility service (including,
without limitation, any heating, air-conditioning or sprinkler) caused by the making of any
necessary repairs or improvements or by any cause, and the same shall not constitute a
termination of this Lease or an eviction of Tenant. If any utility service, used at the Premises and
for which City is responsible, shall be interrupted, City shall restore such utility service as soon
as practical.
VI. CONDITION OF PREMISES; IMPROVEMENTS
6. 1 Current Condition. Tenant agrees to accept the Premises and Baseball Stadium in
its current as is, where is condition, other than the ongoing plumbing repairs, which City agrees
to complete with reasonable diligence. Tenant acknowledges the opportunity prior to its
execution of this Lease to conduct a thorough inspection of the Premises.
6.2 Air Conditioning. On or before July 16, 2004, Tenant agrees to install air
conditioning in the "home team" clubhouse/locker room. The plans, specifications, design and
equipment to be installed by Tenant shall be subject to the prior approval of City, not to be
unreasonably withheld. Tenant shall also be obligated to obtain all permits or other
governmental approvals as may be required (if any) to install such air conditioning.
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The air conditioning, once installed, shall become part of the Premises, and during the
Term shall be maintained by Tenant at Tenant's cost. Upon expiration or earlier termination of
this Lease, the air conditioning equipment shall become the property of City, without additional
cost or expense to City.
Upon completion of the installation of the air conditioning, City agrees to reimburse
Tenant for the first $5,000 of the reasonable costs actually incurred by Tenant to install such air
conditioning. Any costs incurred by Tenant to install the air conditioning in excess of $5,000
shall be paid by Tenant (provided such excess costs paid by Tenant shall apply toward the
Improvements required under Section 6.3 below).
6.3 Improvements. During the first two (2) Lease Years, Tenant agrees and
covenants with City to spend at least $48,000 in capital improvements and specified repairs to
the Baseball Stadium (collectively, the "Improvements"). Capital improvements shall be
improvements and upgrades to the Baseball Stadium which under generally accepted accounting
principles constitute capital items (and not expense items or routine maintenance). Specified
repairs shall be the repairs identified in Exhibit D attached hereto and other improvements
specifically approved by City to qualify as Improvements. Prior to constructing or installing any
such Improvement, Tenant shall submit such Improvement to the City for approval, such
approval not to be unreasonably withheld.
Until Tenant has expended at least $48,000 in Improvements, Tenant shall provide to
City by November 1 of each year an accounting of the Improvements constructed or installed by
Tenant to date, and the remaining amount required to be expended by Tenant for Improvements.
If requested by City, the annual accounting shall be accompanied by receipts, contracts, or any
other reasonable evidence of the costs incurred to date by Tenant for Improvements.
If within the first two (2) Lease Years Tenant does not expend at least $48,000 on
Improvements, then on the last day of the second Lease Year, Tenant shall pay to City as
Additional Rent the amount by which $48,000 exceeds the amount expended by Tenant in the
first two (2) Lease Years for Improvements.
To secure the obligations of Tenant under this Section 6.3, within two (2) business days
of the notice from Tenant to City of the satisfaction of the Conditions in accordance with
Section 3.2, Tenant shall deposit with City cash, an unconditional letter of credit or other security
acceptable to City in the amount of $48,000. From time to time as Tenant fulfills its
Improvement obligations under this Section 6.3, the City shall release a portion of such security
to Tenant equal to the funds expended by Tenant with respect to such Improvements. If Tenant
has not fulfilled its Improvement obligations within the first two (2) Lease Years, City may draw
upon the security to collect the amounts due under the immediately preceding paragraph.
VII. REPAIRS AND MAINTENANCE
7. 1 City Obligation. City shall, at its own cost and expense, maintain and repair all
structural portions of the Premises in a good and safe condition during the Term, reasonable wear
and tear excepted, promptly after City is made aware of the need for such structural maintenance
and/or repair. Structural portions of the Premises shall include, without limitation, all sidewalks
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and the roof, structural walls, structural members (including structural elements of the light
poles, scoreboard and outfield fence), floor slabs and foundation of the Baseball Stadium and
plumbing and electrical repairs that require alteration of floor slabs, foundations, roof or exterior
walls. If governmental laws, rules, regulation or ordinances ("Applicable Laws") change such
that the Premises no longer complies with Applicable Laws and can no longer be used for its
intended purposes without repair or improvements, the City shall have the first option to alter or
repair the Premises to bring it into compliance with Applicable Laws. If City does not bring the
Premises into compliance with Applicable Laws within a reasonable period of time, Tenant shall
have the right, but not the obligation, to make the alterations or repairs necessary to bring the
Premises into compliance with Applicable Laws. If neither City nor Tenant elect to bring the
Premises into compliance with Applicable Laws, Tenant may terminate this Lease in its sole
discretion. The foregoing shall only apply to changes required to be made to the Premises in
order to comply with Applicable Laws so that the Premises can continue to be used for its
intended purposes and does not apply under circumstances where the Premises becomes a
nonconforming structure, put for which changes are not required for the continued use of the
Premises.
7.2 Tenant Obligations.
a. Tenant shall be responsible, at its own cost and expense, for the routine
maintenance and upkeep and routine nonstructural repairs of the Premises during the Term,
including interior walls, ceilings, doors, windows, light fixtures, switches, wiring and plumbing
not the responsibility of City under Section 7. 1 above, and heating and air conditioning systems
and equipment. Tenant shall also be responsible for the cost of cleaning the Premises and the
cost of cleaning supplies and other routine supplies required to operate the Premises, all in
accordance with customary standards for similar facilities and prudent maintenance practices.
b. Notwithstanding the foregoing, City shall be responsible for all routine
maintenance and repair of the Premises required by or arising from use of the Premises for
Community Events. City shall fulfill its maintenance and repair obligations under this
Section 7.2 immediately after use of the Premises for Community Events.
C. Tenant shall also be responsible for garbage disposal and other cleaning of
the Premises and Parking Areas (as defined below) following each game or Other Event
sponsored by Tenant or a third party, and for payment of all expenses of staff and services for
each game or Other Event sponsored by Tenant or a third party, including without limitation
parking attendants, security officers, ticket salespeople and attendants, ushers, and, if applicable,
medical personnel and vehicles. Tenant shall also be responsible for maintaining the baseball
team office and locker rooms while Tenant is entitled to the exclusive use thereof. Tenant will
permit no waste, damage or injury to the Premises. At the expiration or sooner termination of
this Lease, Tenant will quit and surrender the Premises in a neat and clean condition (reasonable
wear and tear excepted), and will deliver up all keys belonging to the Premises to City, or City's
agent. Should Tenant fail to tender possession of the Premises to City as provided herein, City
shall have the right to perform the work necessary to put the Premises in a neat and clean
condition (reasonable wear and tear excepted), at Tenant's expense, and Tenant agrees to
reimburse City for the costs to do so.
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d. Tenant shall not damage or deface the Premises. Tenant shall not do
anything which may injure the buildings or other improvements or be a nuisance or menace. All
deliveries of supplies and material to the Premises shall be made at such hours and in accordance
with such rules as City may reasonably prescribe. Tenant will not permit an accumulation of
boxes, waste, or other refuse matter. Trash and garbage shall be stored, until disposed, within
areas designated by City for such purposes.
e. In addition, Tenant agrees as follows:
(i) Care of Plumbing Facilities. Plumbing facilities shall not be used for
any other purpose than that for which they were constructed.
(ii) Cleaning of Kitchens. Tenant shall have the Concessions ventilation
equipment cleaned at least every six (6) months, and Tenant upon request shall provide City with
evidence that the work has been done for the most recent period.
(iii) Odors. Tenant shall not permit the emission of offensive odors from
the Premises or allow permeation through interior or exterior walls.
(iv) Tenant To Pay For Violation. The expense of any breakage,
stoppage or damage resulting from a violation of this Section 7.2 shall be borne by Tenant.
(v) City May Demand Repairs. If City reasonably deems necessary any
repairs required to be made by Tenant, it may demand that Tenant make the same forthwith, and
if Tenant refuses or neglects to commence such repairs and complete the same with reasonable
dispatch, City may make or cause such repairs to be made and Tenant agrees, forthwith, on
demand, to pay to City the cost thereof with interest at the maximum rate permitted by law at the
time City incurs said cost of repairs.
7.3 Plumbing System Winterization. Notwithstanding the other provisions of this
Lease, the City shall be responsible for the work associated with draining and winterizing the
plumbing system of the Premises each year (either using a third party plumber or using City staff
based upon protocols established by plumbing professionals). Following the completion of such
work by the City, Tenant shall reimburse City for the reasonable costs incurred by the City to
complete such work (limited to actual staff time and actual costs of materials if such work is
performed by the City), not to exceed $3,000 per year.
7.4 Baseball Field/Grass Maintenance.
a. Tenant shall be responsible at its sole cost and expense for the year-round
maintenance, upkeep, repair and care of the baseball field and the other grass areas of the
Baseball Stadium, including the preparation and maintenance of the playing field before, during
and after each game or Other Event sponsored by Tenant. Such upkeep and maintenance shall
include fertilizing, mowing, aeration, irrigation and all other matters associated with the
maintenance of the playing field and other grass areas. All such upkeep and maintenance shall
be in accordance with the standards and specifications attached hereto as Exhibit E, or otherwise
directed by City. Tenant shall also be responsible at its sole cost and expense for all fertilizer
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and other supplies required for the upkeep and maintenance of the playing field and other grass
areas of the Baseball Stadium.
b. If Tenant fails to maintain the playing field and the other grass areas of the
Baseball Stadium as herein required, City shall have the right to do so, at Tenant' s expense, and
Tenant agrees to reimburse City for the costs to do so.
C. Tenant shall also have the exclusive right to use a portion of the
maintenance facility just beyond the left field outfield fence of the Baseball Stadium for the
storage of maintenance equipment and other uses associated with the maintenance of the baseball
field and other grass areas of the Baseball Stadium.
VIII. CONCESSIONS
8. 1 Concessions. Except as otherwise set forth herein, Tenant shall have the
exclusive right, during baseball games and Other Events held in the Baseball Stadium, subject to
the provisions set forth below, to sell Concessions in the Premises and in the Parking Areas (as
defined below). Such right may be exercised by Tenant directly or through a sublicensee.
a. Concession Equipment. Tenant shall supply at its own expense and in its
sole discretion all equipment, fixtures and supplies, and all staff and other persons required or
necessary to provide Concessions to patrons of the Premises.
b. Tenant to Use Adequate Electrical Equipment. If Tenant supplies any
concessions electrical equipment that overloads the electrical lines in the Premises, Tenant shall
at its own expense (but only with the prior consent of City) make whatever changes are
necessary to meet the electrical requirements consistent with the requirements of the insurance
underwriters and governmental authorities having jurisdiction.
C. Liquor License. City shall not object to or interfere with the efforts of
Tenant or its sublicensee to secure a permit to sell alcoholic beverages as one of the Concessions
sold inside the Baseball Stadium.
8.2 Concession Services. Tenant or its sublicensee shall operate and supply
Concessions and concession services during baseball games and Other Events sponsored by
Tenant or third parties on such terms and conditions as Tenant deems appropriate. Tenant shall
also provide concession services for Other Events not sponsored by Tenant (including
Community Events) at levels and with staffing as reasonably necessary to provide appropriate
concession service given the nature of the event and the expected attendance.
If Concessions are not provided by Tenant at appropriate levels for Community Events or Other
Events not sponsored by Tenant, then City may permit another entity to sell Concessions from
portable concession stands brought into the Premises for such purposes.
IX. PARKING
9. 1 Generallv. Adjacent to the Premises is an area for vehicle parking containing
approximately 1000 parking spaces and depicted on the map attached hereto as Exhibit F (the
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"Parking Area") City hereby grants Tenant a non-exclusive license to use the Parking Area on
the terms set forth below.
a. Throughout the term of this Lease, (i) Tenant shall have the exclusive
right to control, use and operate the Parking Area for baseball games and Other Events sponsored
by Tenant or third parties at the Premises and (ii) City shall have the exclusive right to control,
use and operate the Parking Area for Community Events and for soccer tournaments played at
the adjacent playfields. Tenant shall be entitled to retain all parking revenue generated during
periods when Tenant controls and operates the Parking Area, and City shall be entitled to retain
all parking revenues generated during periods when City controls and operates the Parking Area.
Tenant shall provide parking attendants to operate the Parking Area for baseball games and
Other Events sponsored by Tenant and City shall provide parking attendants to operate the
Parking Area for Community Events and for events at the adjacent playfields. Tenant shall be
responsible at its sole cost to clean the Parking Area after baseball games and Other Events
sponsored by Tenant. City shall be responsible, at its sole cost, to clean the Parking Area after
Community Events and soccer tournament held at the adjacent playfields.
b. If an evening Minor League Baseball game is scheduled on the same date
as a soccer tournament: (i) Tenant and City shall work together to accommodate each others'
needs for use of the Parking Area, including an agreement on when control of the Parking Area
will change from City to Tenant; and (ii) Tenant shall honor the parking privileges of soccer
tournament spectators that have paid City to use the Parking Area. During such times, Tenant
and City shall cooperate in good faith to manage the Parking Area so that Tenant receives all
parking revenue associated with the baseball game and City receives all parking revenues
associated with the soccer tournament being conducted at the adjacent playfields, and with
Tenant providing the parking attendants to operate the Parking Area immediately prior to and
during title baseball game.
X. ESTOPPEL
Within fifteen (15) days of presentation, Tenant shall execute, acknowledge, and deliver
to City, at no expense to City, any estoppel certificate requested by City, certifying in writing, if
such shall be true, that Tenant shall be in occupancy, that this Lease is in full force and effect,
specifying the dates to which the rent and other charges shall have been paid, and stating that
there have been no defaults by City and such other representations as may be requested by a
lender, mortgagee or beneficiary.
XI. TENANT ALTERATIONS
Tenant shall not make any material alterations, additions, or improvements in the
Premises (including any alterations that affect structural portions of the Premises, or any
electrical, plumbing or similar system) without first obtaining City's written consent (which may
be withheld in its reasonable discretion). All such alterations, additions and improvements shall
be at the cost and expense of Tenant, and shall become the property of City and shall remain in
and be surrendered with the Premises as a part hereof at the termination of this Lease, without
disturbance, molestation, or injury except for any improvements that City may elect to require
Tenant to remove. Notwithstanding the foregoing, Tenant may remove concessions equipment
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and similar trade fixtures from the Premises if Tenant originally paid the cost to acquire and
install such equipment and/or fixtures and if Tenant fully repairs all damage caused by the
removal of such equipment and/or fixtures. If Tenant shall perform work with the consent of
City, as aforesaid, Tenant agrees to comply with all laws, ordinances, rules and regulations of the
appropriate city or county, and any other authorized public authority. Tenant further agrees to
hold City harmless from damage, loss or cost arising out of the said work.
XII. INSURANCE
12. 1 Tenant Insurance.
a. Tenant, at its sole expense, shall place and maintain in effect throughout
the term of this Lease the following insurance (collectively, the "Insurance"): (i) Commercial
general liability insurance with limits of not less than $ 1 ,000,000 each occurrence and
$2,000,000 in the aggregate, written on Insurance Services Office (ISO) occurrence form CG 00
01 , insuring against all liability arising out of and in connection with Tenant' s use and occupancy
of the Premises and with Tenant's exercise of its rights granted under this Lease, including
premises and contractual liability and naming City and its employees, officers and agents as
additional insureds using ISO Additional Insured-Managers or Lessors of Premises Form CG 20
11 or a substitute endorsement providing equivalent coverage, and (ii) in the event Tenant or its
sublicensee offers alcoholic beverages in or around the Premises, "Dram Shop" and/or
"Innkeeper's Liability" insurance against claims or liabilities arising directly or indirectly to
persons or property on account of the sale or dispensing of beer, wine or other alcoholic
beverages, with a combined single limit coverage of $1 ,000,000 bodily injury and property
damage liability, or in greater amounts if required by law, in form and substance reasonably
acceptable to City, and naming City and its employees, officers and agents as additional
insureds, and (iii) worker's compensation and employer's liability insurance covering employees
at the Premises employed by Tenant (to the extent required, and in the amounts required by
applicable laws).
b. Certificates of such coverage and endorsements, in form satisfactory to
City, shall be furnished to City and each shall provide that said coverage will not be changed or
cancelled without forty-five (45) days written notice to City. The limits of coverage described
above shall be increased from time to time as reasonably requested by City and to the extent
consistent with prudent risk management practices and insurance standards for similar facilities.
Tenant' s insurance coverage shall be primary as respects City. Any insurance, self-insurance or
insurance pool coverage maintained by City shall be excess of Tenant's insurance and shall not
contribute with it. All insurance shall be placed with insurers with a current A. M. Best rating of
not less than A:VH.
C. In the event the Insurance required under this section is not maintained, or
if an Event of Default occurs, City shall have the right (but not the obligation) to place and
maintain the Insurance required to be placed and maintained by Tenant hereunder. Tenant
agrees, on demand, to pay to City the amounts expended therefor with interest at the maximum
rate permitted by law from the tune City incurs said costs of Insurance.
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d. In the event Tenant fails to place and maintain the Insurance required
hereunder, City shall have the right (but not the obligation) to require the immediate cessation of
the sale of alcoholic beverages at the Premises.
12.2 City Insurance. City shall purchase and maintain during the term of this Lease
all-risk property insurance covering the Premises and the Baseball Stadium, for their full
replacement cost without coinsurance provisions.
12.3 Waiver of Subrogation. Tenant and City hereby release and discharge each other
from all claims, losses and liabilities arising from or caused by any hazard covered by property
insurance on or in connection with the Premises and Baseball Stadium. This release shall apply
only to the extent that such claim, loss or liability is covered by insurance.
XIII. DAMAGE OR DESTRUCTION
If the Premises or Baseball Stadium are damaged by fire or other casualty under
circumstances where the cost to repair does not exceed $500,000 and the loss is covered by
insurance maintained by City, the damage shall be repaired by City, and until such repairs are
completed, rent shall be abated in proportion to the portion of the Premises which is unusable by
Tenant in the conduct of its business (but there shall be no abatement of rent by reason of any
portion of the Premises being unusable for a period equal to three (3) days or less).
If the costs to repair such damage exceeds $500,000, or the loss is not covered by
insurance maintained by City, City at its option may elect to repair the Premises, in which event
rent shall be abated as provided above. City shall make such election whether or not to rebuild
within thirty (30) days of such damage.
If City does not elect to make such repairs, or if it reasonably appears that such repairs
cannot be made within one hundred eighty (180) days of the date of such damage, then either
party may, by written notice to the other within forty-five (45) days of the date of damage,
terminate this Lease.
XIV. NAMING RIGHTS
During the term of this Lease, Tenant shall have the right to offer to sell and to sell the
right to name the Baseball Stadium to third parties and to retain all revenues therefrom. City
shall have the right to approve the name and the form of any naming rights agreement, which
approval shall not be unreasonably withheld or delayed. In the absence of a naming rights
agreement, the Baseball Stadium shall continue to be named "Pasco Stadium." Tenant may not
name the Baseball Stadium after Tenant. The name of the Baseball Stadium may not connote or
be affiliated with adult content, firearms or tobacco. Upon expiration of or earlier termination of
this Lease, any naming rights agreement shall also terminate and no longer be in force or effect.
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PPSCO CITY OF
XV. DEFAULTS; REMEDIES
15. 1 Defaults: Remedies.
a. Events of Default. The occurrence of any one or more of the following
events shall constitute a material default and breach of this Lease by Tenant (an "Event of
Default"):
(i) The failure by Tenant to make any payment of Rent by the tenth
(10`h) day after such amount is due;
(ii) The failure by Tenant to make any other payment required to be
made by Tenant hereunder (other than a payment specified in subsection (i) above), including,
without limitation, Additional Rent, utility payments, insurance premiums or other charges,
within five (5) days after receiving written notice from City of such failure to pay;
(iii) The failure by Tenant to observe or perform or the violation of any
of the other covenants, conditions or provisions of this Lease to be observed or performed by
Tenant, where such failure shall continue for a period of twenty (20) days after Tenant's receipt
of written notice of default or violation from City; provided, however, that if the nature of
Tenant's obligation is such that more than twenty (20) days are required for performance, then
Tenant shall not be in default if Tenant commences performance within such 20-day period and
thereafter diligently prosecutes the same to completion and in any event completes such
performance within ninety (90) days of Tenant's receipt of such written notice; or
(iv) The failure by Tenant to use the Premises for professional baseball
purposes as a franchisee of the Northwest League.
b. Upon an Event of Default, then, without prejudice to any other remedies
which City might have, City may, at its election, declare this Lease forfeited and the Lease term
ended, and re-enter the Premises, with or without process of law, and remove all persons or
chattels therefrom.
15 .2 Removal of Property.
a. In the event of any re-entry or taking possession of the Premises for
default, City shall have the right, but not the obligation, to remove from the Premises all personal
property of Tenant located therein, and may store the same in any place selected by City,
including but not limited to a public warehouse, at the expense and risk of the owners thereof,
with the right to sell such stored property, without notice to Tenant, after it has been stored for a
period of thirty (30) days or more. The proceeds of such sale to be applied first to the cost of
such sale, second to the payment of the charges for the storage, if any, and third to the payment
of any other sums of money which may then be due from Tenant to City under any of the terms
hereof, the balance if any without interest to be paid to Tenant.
b. Tenant hereby waives all claims for damages that may be caused by City's
re-entering and taking possession of the Premises or removing and storing the property of Tenant
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as provided in this Lease, and will hold City harmless from loss, costs or damages occasioned
City thereby. No such reentry shall be considered or construed to be a forcible entry.
15 .3 City May ReLet. In such case of re-entry, City may relet the Premises upon such
terms as it sees fit, for a term which may expire either before or after the expiration date of this
Lease, and to such persons or entities as it desires, including without limitation another
professional baseball league.
15.4 Tenant Still Liable for Rent. City shall not be liable for damages by reason of
such re-entry. Notwithstanding any such re-entry by City, the liability of Tenant for the Rent
provided for herein shall not be extinguished for the balance of the Lease Term (subject to
Tenant's early termination rights under Section 3 .3 above). Tenant agrees to pay to City any
deficiency arising from a re-entry and re-letting of the Premises at a lesser rent, and Tenant shall
pay such deficiencies each month as the amount thereof is ascertained by City.
15.5 Tenant to Pay Cost of ReLettin . Upon reletting Tenant shall be immediately
liable to pay to City the cost and expense of reletting and of such repairs as may be incurred by
City in readying the Premises for reletting.
15.6 Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive, but shall, where ever possible, be cumulative with all other remedies at law or in
equity.
15.7 Default by City. City shall not be in default unless City fails to perform
obligations required of City within twenty (20) days after written notice by Tenant to City,
provided, however, that if the nature of City's obligation is such that more than twenty (20) days
are required for performance then City shall not be in default if City commences performance
within such 20-day period and thereafter diligently prosecutes the same to completion. If City
fails to cure any such default within the allotted time, Tenant may cure such default itself and
offset the cost thereof against Rent payable hereunder.
XVI. HAZARDOUS SUBSTANCES
16. 1 Hazardous Substances.
a. Tenant shall not dispose of or otherwise allow the release of any
hazardous waste or materials in, on or under the Premises, or any adjacent property, or in any
improvements placed on the Premises, in violation of applicable law. Tenant represents and
warrants to City that Tenant's intended use of the Premises does not involve the use, production,
disposal or bringing on to the Premises of any hazardous waste or materials in violation of
applicable law. As used herein, the term "hazardous waste or materials" includes any substance,
waste or material defined or designated as hazardous, toxic or dangerous (or any similar term) by
any federal, state or local statute, regulation, rule or ordinance now or hereafter in effect. Tenant
shall promptly comply with all statutes, regulations and ordinances, and with all orders, decrees
or judgments of governmental authorities or courts having jurisdiction, relating to the use,
collection, treatment, disposal, storage, control, removal or cleanup of hazardous waste or
materials, in, on or under the Premises or any adjacent property, or incorporated in any
improvements, at Tenant's expense.
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b. After notice to Tenant and a reasonable opportunity for Tenant to effect
such compliance, City may, but is not obligated to, enter upon the Premises and take such actions
and incur such costs and expenses to effect such compliance as it deems advisable to protect its
interest in the Premises; provided, however that City shall not be obligated to give Tenant notice
and the opportunity to effect such compliance if (i) such delay might result in material adverse
harm to City or the Premises, (ii) Tenant has already had actual knowledge of the situation and a
reasonable opportunity to effect such compliance, or (iii) an emergency exists. Whether or not
Tenant has actual knowledge of the release of hazardous waste or materials on the Premises or
any adjacent property as the result of Tenant's use of the Premises, Tenant shall reimburse City
for the full amount of all costs and expenses incurred by City in connection with such
compliance activities, and such obligation shall continue even after the termination of this Lease.
Tenant shall notify City immediately of any release of any hazardous waste or materials on the
Premises.
C. Notwithstanding the foregoing, Tenant shall not be responsible for any
cleanup, liabilities, claims, damages, costs and expenses of any kind or nature that arise or result
from any contamination of the Premises or surrounding property by hazardous waste or
materials, except for such contamination that is caused by Tenant or its employees or agents. If
Tenant cannot operate the Baseball Stadium because of contamination of the Premises or
surrounding property by hazardous waste or materials not caused by Tenant or its employees or
agents, Tenant shall have the right to terminate this Lease without further liability hereunder.
XVII. OTHER PROVISIONS
17. 1 Surrender of Premises. At the expiration of the term of this Lease, or at the earlier
termination of this lease, Tenant shall surrender the Premises in good condition, reasonable wear
and tear excepted.
17.2 Damage or Destruction. In the event the Premises are damaged to such an extent
as to render the same untenable in whole or in substantial part. City shall repair or rebuild the
Premises without unnecessary delay unless City determines that it is not practicable to repair or
rebuild the Premises due to the extent of damage. Rent and other charges payable hereunder
shall be abated while such work is in progress, in the same ratio that the portion of the Premises
unfit for occupancy shall bear to the whole of the Premises. If after a reasonable time City shall
fail to proceed to repair or rebuild, Tenant shall have the right to declare this Lease terminated by
written notice served upon City. In the event the Premises shall be destroyed or damaged to such
extent that in the opinion of City it shall not be practicable to repair or rebuild, either party shall
have the option to terminate this Lease by written notice mailed to Tenant within twenty (20)
days after such damage or destruction.
17.3 Liens and Solvency. Tenant shall keep the Premises free from any liens arising
out of any work performed, materials furnished or obligations incurred by Tenant and hold City
harmless therefrom including all costs and attorney' s fees. In the event Tenant becomes
insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating
officer is appointed for the business of Tenant, then City may cancel this Lease at City's option
and Tenant shall nevertheless be liable for any further losses or damages sustained by City so
caused by Tenant.
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17.4 Assi ig in lent. Tenant shall have the right to assign this Lease or let or sublet the
whole or part of the Premises with the written consent of City, which consent may not be
unreasonably withheld. Notwithstanding the foregoing, City shall consent to any assignment or
sublease of this Lease by Tenant: (a) to any entity controlled by Tenant that owns the Team; and
(b) to any purchaser of the Team that (i) has been approved by the National Association of
Professional Baseball, (ii) holds a franchise to operate such team by the Northwest League, and
(iii) has retained a management team with prior experience managing a professional sports team
to operate such team. Any purported assignment or sublet shall be of no effect if not consented
to by City. Any assignment or sublet of this Lease shall not extinguish or diminish the liability
of Tenant hereunder.
17.5 Non-Waiver. The failure of either party to insist upon strict performance of any
of the covenants and agreements of this Lease, or to exercise any option herein conferred in any
one or more instances, shall not be construed to be a waiver or relinquishment of any such, or
any other covenants or agreements, but the same shall be and remain in full force and effect.
17.6 Costs and Attorney' s Fees. All costs and expenses, including attorneys' fees at
trial and on appeal in a reasonable amount, incurred by City or by Tenant in enforcing the
obligations of Tenant or City under this Lease, shall be paid by the defaulting party to the
prevailing party upon demand. The venue of any legal action brought under the terms of this
Lease shall be in the county in which the Premises are situated.
17.7 Transfer by City. If City shall assign its interest under this Lease or transfer its
interest in the Premises, such transferee shall be required to assume all obligations of City under
this Lease, City shall be relieved of any obligation accruing hereunder after such assignment or
transfer, and such transferee shall thereafter be deemed to be City hereunder.
17.8 Heirs and Successor. Subject to the provisions hereof pertaining to assignment
and subletting, the covenants and agreements of this Lease shall be binding upon the heirs, legal
representatives, successors and assigns of any or all of the parties hereto.
17.9 Holdover. If Tenant shall, with the written consent of City, holdover after the
expiration of this Lease, such tenancy shall be on a month-to-month tenancy, which tenancy may
be terminated by either party upon twenty (20) days notice to the other party. During such
tenancy Tenant agrees to pay to City the same rental as provided herein, unless a different rent is
agreed upon, and to be bound by all of the applicable terms and conditions of this Lease.
17. 10 Mutual Release and Waiver. To the extent a loss is covered by insurance in force,
City and Tenant hereby mutually release each other from liability and waive all right of recovery
against each other for any loss from perils insured against under their respective fire or other
insurance policies, including any causes of loss forms attached thereto; provided, that this
agreement shall be inapplicable if it would have the effect of invalidating any insurance coverage
of City or Tenant
17. 11 Notices. All notices under this Lease shall be in writing and shall be deemed to
have been duly given if personally delivered, sent by confirmed facsimile, overnight courier
services or registered or certified mail, postage prepaid, and shall be deemed given upon delivery
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if personally delivered, upon the earlier of actual receipt or one day after it is sent, if sent by
overnight courier or confirmed facsimile, or three days after it is sent by registered or certified
mail. All notices or other communications shall be made as follows:
If to City: City of Pasco
525 North 3rd Avenue
Pasco, Washington 99301
Attention: City Manager
Facsimile No. : 509) 545-3403
If to Tenant: Northwest Baseball Ventures I, LLC
P.O. Box 5371
Spokane, WA 99205
Attention: George Brett
Facsimile No. : 09) 328-7608
17. 12 Compliance with Laws. All operations or activities upon, or any use or
occupancy of the Baseball Stadium and Premises, or any portion thereof, by Tenant or any
person claiming through Tenant shall be in all material respects in compliance with all state,
federal and local laws, ordinances, rules, regulations, permits, standards, and requirements.
17. 13 Indemnification.
a. Tenant agrees to and shall indemnify, defend and hold City, City's
successors and assigns, and the, officers, employees, agents and contractors of City, harmless
from and against any and all claims (including without limitation third pang claims for death,
personal injury or real or personal property damage), actions, administrative proceedings
(including both formal and informal proceedings), judgments, damages, punitive damages,
penalties, fines, costs, liabilities (including sums paid in settlements of claims), interest or losses,
including reasonable attorneys' and paralegals' fees and expenses (including any such fees and
expenses incurred in enforcing this Agreement or collecting any sums due hereunder), consultant
fees, and expert fees, together with all other costs and expenses of any kind or nature that arise
directly or indirectly from or in connection with (i) Tenant's use, occupation and/or control of
the Premises during events other than Community Events, and including without limitation any
injury or claim of injury to person or property, of any nature and howsoever caused, (ii) from any
breach of the terms of this Lease, or (iii) any violation of any governmental or insurance
requirements by Tenant, its sublessees, assignees, invitees, agents, employees, contractors, or
licensees, provided that such indemnity shall not extend to matters that may arise out of the gross
negligence or willful acts of City or City's agents, employees or contractors.
b. City agrees to and shall indemnify, defend and hold Tenant, Tenant' s
successors and assigns, and the directors, officers, shareholders, employees, agents and
contractors of Tenant, harmless from and against any and all claims (including without limitation
third party claims for death, personal injury or real or personal property damage), actions,
administrative proceedings (including both formal and informal proceedings), judgments,
damages, punitive damages, penalties, fines, costs, liabilities (including sums paid in settlements
of claims), interest or losses, including reasonable attorneys' and paralegals' fees and expenses
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(including any such fees and expenses incurred in enforcing this Agreement or collecting any
sums due hereunder), consultant fees, and expert fees, together with all other costs and expenses
of any kind or nature that arise directly or indirectly from or in connection with (i) City's use,
occupation and/or control of the Premises during a Community Event, and including without
limitation any injury or claim of injury to person or property, of any nature and howsoever
caused, (ii) from any breach of the terms of this Lease, or (iii) any acts arising from the gross
negligence or willful misconduct of City, provided that such indemnity shall not extend to
matters that may arise out of the gross negligence or willful acts of Tenant or Tenant's agents,
employees or contractors.
17. 14 Time is of the Essence of this Lease. Time is of the essence in the performance of
all obligations of Tenant and City under this Lease.
17. 15 City Approvals. City shall, from time to time, designate one or more people who
are authorized on behalf of City to give consents or approvals required of City hereunder. Such
designation shall remain effective until such time as City notifies Tenant in writing of a new
designee or designees. At the outset, City' s designee shall be Gary Crutchfield, City Manager.
17. 16 Force Maicure. Notwithstanding anything in this Lease to the contrary, each
party's obligations to perform under this Lease shall be excused to the extent that such
performance is prevented, delayed or rendered impracticable by events beyond that party' s
reasonable control, provided such party shall have exercised all reasonable efforts to avoid such
events. Such events shall include, without limitation, inclement weather, acts of God, strikes,
civil commotion, riot, war and any other cause whether similar or dissimilar to those enumerated
that is reasonably beyond the control of the party obligated to perform. Force Majeure shall not
include financial inability to perform (regardless of the cause) and shall not apply to defaults
arising out of the loss by Tenant of its franchise to operate a professional baseball team with the
Northwest League.
17. 17 Counterparts. This Lease may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. This Lease or any counterpart may be executed and delivered by facsimile
transmission with an executed hard copy to follow.
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IN WITNESS WHEREOF, City and Tenant have executed this Lease the day and
year first above written.
CITY OF SCO
By:
Its:
NORTHWEST BASEBALL VENTURES I
LLC, a Washington limited liability
company
By:
Its: ckAf o , z
kj
EXHIBITS AND SCHEDULE:
Exhibit A — Legal Description of Property
Exhibit B — List of Included Equipment
Exhibit C — Concourse Exterior Wall Advertising Area
Exhibit D — List of Specified Repairs
Exhibit E — Field Maintenance Standards (two pages)
Exhibit F — Parking Area
Schedule 1 — 2004 Soccer Tournament Dates
�n
1655664
STATE OF WASHINGTON Page :
z 221zeea s zsa
ss PASCO CITY OF LEASE 49 . 00
COUNTY OF FRANKLIN
I certify that I know or have satisfactory evidence that Gary Crutchfield is the person who
appeared before me, and said person acknowledged that said person signed this instrument, on
oath stated that said person was authorized to execute the instrument and acknowledged it as the
City Manager of City of Pasco a municipal corporation, to be the free and voluntary act of such
City for the uses and purpossees mentioned in the instrument.
Dated this � LT day of 2004.
L. Zli
�9 (Signature of Notary)
NOTAR)p
(Legibly Print or Stamp Name of Notary)
ya "U800 ? Notary public and for of Washington,
yyR o.3 �O residing at
F CHs G ? �
Oar WASN�a My appointment expires
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PASCO CITY OF LEASE 49 . 00
STATE OF IDS O+
ss.
COUNTY OF /�60::SUn
I certify that I know or have satisfactory evidence that o t a a afC'fJZ is the
person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument and
acknowledged it as the of Northwest Baseball Ventures I LLC, a
limited liability company to be its free and voluntary act for the uses and purposes mentioned in
the instrument.
Dated this this ? day of 2004.
(Si
JASON w wAGNER
„4( E PWft - Notary SW
S ATE OF MISSOURI Si ty Pnnt or N kic
Notary) ^^V5jft (J j
Jackson minty Notary public in and for the State of VftshtMon,
W in EXWMS: Janes 28, 2008 residing at �45 C. .
My appointment expires Idea C/o
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Exhibit A
Legal Description
Pasco Baseball Stadium
(without Parking Lot)
The South 700 feet of the North 1850 feet of the West 550 feet of the East 1043± feet of the
northwest corner of Section 15, Township 9 North, Range 29 East W.M. Franklin County,
Washington.
EXHIBIT A
504? 84206
111111111111111111111111111111111111111111111111111111
Page :6555 of 31 Franklin Co , WA
Exhibit B
Baseball Equipment
Batting Cage: Full cover batting cage with minimum dimensions of 18' wide, 14' deep and 9'
high. It is recommended that the cage be portable and made of aluminum
frame to provide maximum maintainability.
Field Screens: Pitching Screen: Thigh x 8' wide with 4' x 4' notch in upper corner.
Double Play Screen: Thigh x 14' wide with hinged wings.
First Base Screen: Thigh x 8' wide.
Shag Protector Screen: Thigh x 8' wide.
EXHIBIT B
50424842.06
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Exhibit C
Concourse Advertising Area
West Side
s a
East Side
y y
rYn 41P
95z
t
JUN 8 2004
EXHIBIT C
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Exhibit D
List of Specified Repairs
Probable Proiects for 2004:
• The team's share of the locker room A/C system $59000
• Carpet for the home and visitors player area $4,400
• Privacy fence slats under GA stands $ 1 ,300
• Right field line picnic area improvements $55000
• Batting practice turf blanket $ 15900
• New canopy for picnic area $600
• Permanent indoor grill in main concourse concession stand $2,500
• Stadium painting (bathrooms and locker rooms) $ 1 ,000
• Estimated Total $219700
Possible Proiects for 2005:
■ Sun shade
• Misting system
• New field-level pads
■ Batting cage upgrade
■ Additional concourse concession and/or stand
• Other improvements mutually agreed to between the city and team
EXHIBIT D
50424642.06
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PASCO CITY OF LEASE 49 . 00 Franklin Co : WA
Exhibit E
Tri-Cities Baseball Stadium
Maintenance Standards
PROGRAM FREQUENCY DETAIL
Fertilizing April — October Application of complete NPK fertilizer
with trace minerals at 7 lbs. per 1 ,000 sq.
ft. monthly in April, June, July and
August. Equivalent to ESN 18-3- 15 . In
October equivalent to 20-5- 15 at 7 lbs.
per 1 ,000 sq. ft. Apply quick release
fertilizer at rate of 7 lbs. per 1 ,000 sq. ft.
in front of pitchers mound or any other
worn areas.
Aerification May — October Monthly in May, June, July and October.
Flag all irrigation heads prior to
aerification. Do not aerify clay areas.
Mowing March — October March — April mow at 2" height. Two
weeks prior to team practice mow at 1-
1/2" and maintain until October. Mow
playing field minimum of every other day
and all other areas twice per week.
Edging May — September Edge all base paths and infield perimeter
twice per month.
Irrigation March — October Irrigate as needed but no less than 4 times
per week for 1 hr. Immediately repair
system as needed.
Chemical March — November Identify turf problems and correct
Applications immediately. Apply fungicide 1st week of
November. Apply penetrating agent or
other chemicals as needed.
EXHIBIT E
5042442.06
IIIIII VIII IIIIII IIIIII VIII IIII Iliill111 49 . 00 I II P 65566428A
PASC Franklin CO3 WA
Game Day May — September 1 . Drag and water infield as needed.
Field Preparation 2. Wash loose dirt back into grass at dirt
infield grass transition areas.
3 . Cover area in front of pitchers mound
during practice and pre game warm
Up.
4. Drag and clean all red rock warning
track areas.
5 . Line infield as per baseball standards.
6. Paint outfield out-of-play lines
weekly or as needed.
Miscellaneous Year Round 1 . Apply a minimum of 2 tons soil
conditioner to the top 1 " of all infield
clay areas.
2. Repair safety net and wall pads as
needed.
3. Overseed all areas at the rate of 25
lbs. per acre. Seed mixture to be
approved by City based on turf
analysis.
4. Spray fence lines with herbicide twice
a year or as needed.
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Exhibit F
Parking Area
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EXHIBIT F
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SCHEDULEI
2004 SOCCER TOURNAMENT DATES
IIIIII VIII IIIIII IIIIII VIII IIII IIIIII III IIII VIII IIII
Page :65564 zaa
APRIL PASCO CITY OF _ C - -. -
• League play starts for:
0 3-Rivers and recreational spring season begins
0 3-Rivers tryouts
MAY
■ Spring league continues through May 15
• 3-Rivers tryouts
• Spring Jamboree — May 15- 16
• Sagebrush — May 29-31
JUNE
■ Washington State L.P.T. ' s for U- 14 girls and boys — June 5-6 and 12- 13
JULY
■ UK International Soccer Camp dates — TBD
AUGUST
• Barnburner — August 6-8
SEPTEMBER
• Fall league play starts
• 3-Rivers & Recreational
SCHEDULEI
5424802 06