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HomeMy WebLinkAbout4184 Resolution - Fourth Amendment to GESA Stadium Lease with NW Baseball Venture RESOLUTION NO. 4184 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE AMENDMENT NO. 4 TO THE TERM OF THE GESA STADIUM LEASE BETWEEN THE NORTHWEST BASEBALL VENTURE I, LLC. WHEREAS, pursuant to the City's lease with the Northwest Baseball Venture I, LLC, at GESA Stadium, the "Premises", dated January 1, 2008, the term of the lease to December 31, 2017; and WHEREAS, a first amendment was executed to the Premises lease on June 2, 2008, amending certain terms of the lease agreement; and WHEREAS, a second amendment to the Premises lease was executed on January 22, 2015, amending the annual rent fees; and WHEREAS, a third amendment to the Premises lease was executed on December 22, 2016, extending the lease term for another five years to expire on December 31, 2022; and WHEREAS, the City and the Northwest Baseball Venture I, LLC staff delayed negotiations on a new lease due to the timing of the COND-19 pandemic and have concluded that is it necessary to extend the lease agreement for one additional year, expiring on December 31, 2023. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WA5HINGTON: Section 1.That the City Council of the City of Pasco approves the terms and conditions of the Amendment No. 4 to the GESA Stadium Lease between the Northwest Venture I, LLC and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Amendment on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Resolution—Amendment No.4 GESA Stadium Lease- 1 PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 16th day of May, 2022. Blanche ra'as Mayor ATTEST: APPROVED AS TO FORM: �� � ` Debra Barham, CMC Kerr Fer aw, PLLC City Clerk City orney Resolution—Amendment No.4 GESA Stadium Lease-2 FOURTH AMENDMENT TO BASEBALL STADIUM LEASE THIS FOURTH AMENDMENT TO BASEBALL STADIUM LEASE is made this day of May, 2022,to that certain Baseball Stadium Lease ("Lease")dated January 14, 2008, and subsequent amendments thereto, by and between the City of Pasco, a Washington Municipal Corporation(City"),and Northwest Baseball Ventures I,LLC,a Washington limited company(the "Tenant"), and upon the timely election by Tenant to exercise the Force Majeure option provided in Section 17.16 of the Lease in order to extend the lease term another year. NOW, THEREFORE, in consideration of the mutual covenants contained herein,by the Fourth Amendment, the following terms shall be amended: 1. Section III. TERM shall be and hereby is amended and shall read as follows: Term. The term of the Lease shall commence on January 1, 2008 (the "Effective Date") and shall expire on December 31, 2023 (the "Extended Term"). 2. Remainin� Terms and Conditions. All remaining terms and conditions of the Baseball Stadium Lease, and all amendments thereto, not inconsistent with the Amendments provided by the Agreement, shall remain in full force and effect. If there are any conflicts between the term and provisions of the Lease, the First Amendment, the Second Amendment, the Third Amendment, the terms of this Fourth Amendment shall control. IN WITNESS THEREOF, City and Tenant have executed this Fourth Amendments on the day and year first above written. Blanche Barajas Mayor ATTEST: APPROVED AS TO F RM: � Debra Barham, CMC Kerr F son Law, PLLC City Clerk Ci ttorney Fourth Amendment to Baseball Stadium Lease- 1