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HomeMy WebLinkAboutNW Baseball Ventures I, LLC GESA Stadium Lease Amendment No. 1FIRST AMENDMENT TO BASEBALL STADIUM LEASE THIS FIRST AMENDMENT TO BASEBALL STADIUM LEASE (this "First Amendment ") is made and entered into this Zwe day of4(W, 2008, 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: A. City and Tenant executed that certain Baseball Stadium Lease Agreement dated January /S , 2008 (the "Lease ") with respect to certain Premises consisting of the Property and Baseball Stadium located in Franklin County, City of Pasco, Washington, all as more particularly described in the Lease; and B. City and Tenant desire to modify certain terms of the Lease, as provided below. NOW, THEREFORE, City and "tenant hereby agree: Recitals: Recitals. The following sentence shall be added after the second sentence of the The Premises shall also include the entry way and the sign area, subject to the reservations contained in Section 2.2(i) below, as depicted on Exhibit A incorporated herein (the "Entry Road Area ")." 2. New Section 2.2(i). The following language shall be incorporated into the Lease as a new Section 2.2(i): i) To use the Entry Road Area, as depicted on Exhibit A, subject to i) the authorized use by users of the playing fields adjacent to the Baseball Stadium; (ii) City's use for any purpose not inconsistent with Tenant's and Tenant's agents and guests' ingress and egress to the Baseball Stadium and for signage; and (iii) the requirements to maintain and insure the Premises contained in this Lease." 3. New Section 14.2. The following language shall be incorporated into the Lease as a new Section 14.2: Section 14.2. In the event that Tenant sells the right to name the Baseball Stadium to a third party ( "Sponsor ") in accordance with Section X1V above, then Sponsor and Tenant shall be allowed to construct and maintain a sign on the Premises at Sponsor's and Tenant's sole cost and expense. Such sign shall (i) prominently display the name of the Baseball Stadium; (ii) comply with all governmental rules and regulations; and (iii) Sponsor must receive prior written approval of such sign from the City prior to construction. The location of the sign shall be subject to the approval of the City. Sponsor and /or Tenant understand that City is attempting to market the commercial land parcels north of the stadium parking lot and adjacent to Burden Blvd. In the event that removal of the sign to another location is required, in the sole opinion of the City, for the City to market either of the parcels, Sponsor and /or Tenant agrees to relocate the sign, at its sole cost, to a mutually agreeable location along Burden Blvd. City agrees to use its best efforts to market the property under terms that do not require sign relocation." 4. Exhibit A. Exhibit A attached to this First Amendment shall replace the existing Exhibit A to the Lease in its entirety. S. Counterparts. This First Amendment 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. 6. Continued Effect. Except as hereby amended, the Lease shall remain unchanged in full force and effect. If there is any conflict between the terms and provisions of the Lease and the terms and provisions of this First Amendment, this First Amendment shall control. 7. Definitions. All terms and definitions used in this First Amendment not herein defined are to be given the definition of the term as provided in the Lease, unless specifically stated otherwise. 8. Authorization. Each party represents and warrants to the other that it is fully empowered and authorized to execute and deliver this First Amendment, and the individual signing this First Amendment on behalf of such party represents and warrants to the other party that he or she is fully empowered and authorized to do so. IN WITNESS WHEREOF, City and Tenant have executed this First Amendment the day and year first above written. CITY: TENANT: CITY OF PASCO, a Washington municipal corporation NORTHWEST BASEBALL VENTURES I LLC, a Washington limited liability company By: Kj W Its: ^es;r f Exhibit A Pasco Baseball Stadium Leased Premises 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; Together with a 25 foot wide strip overlaying the entry road, and a 15 foot by 15 foot area, for the freestanding sign, on either side of the entry road; the north side of each such area being 55 feet south of the centerline of Burden Blvd., as shown on the diagram below. FROM,.® ONLY Entry Area PMM MW , 0