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
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