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HomeMy WebLinkAboutRIPKEN BASEBALL ASSIGNMENT OF PUBLIC FACILITIES LEASE AGREEMENT . BY AND BETWEEN AUGUST A, GEORGIA AS LESSOR, AND AUGUSTA PROFESSIONAL BASEBALL LLC, AS LESSEE (LAKE OLMSTEAD STADIUM) WHEREAS, the Board of Commissioners of Richmond County, Georgia and the City Council of Augusta, Georgia, as lessor and Scripps Baseball Group, Inc. as lessee, and. William H. Scripps as guarantor, entered into a public facility lease agreement dated May 9, 1994 which has been subsequently amended on September 6, 1994; June 23, 1998; and April 12, 2004; and WHEREAS, the present lessee, HWS Baseball, LLC and its personal guarantor, Michael K. Savit, desire to assign said lease agreement as amended to the Augusta Professional Baseball, LLC; and, WHEREAS, Augusta, Georgia cannot unreasonably withhold its consent to said assignment; and WHEREAS, all conditions precedent to this assignment which are recited in Section 25 of said original lease, including the approval in writing of the South Atlantic League, the National Association of Professional Baseball Leagues, Inc. and Major League Baseball, Inc. have or will be obtained; and WHEREAS, the assignee and lessor expressly agree to the incorporation herein by reference of the terms and conditions of the public facilities lease agreement dated May 9, 1994 and all amendments thereto. NOW, THEREFORE, in consideration of the recitals herein above made and the mutual covenants hereinafter contained, the duties undertaken by Augusta Professional Baseball, LLC and the monies to be paid; HWS Baseball, LLC and Michael K. Savit, as assignor and guarantor, respectively, and Augusta Professional Baseball, LLC as assignee and Augusta, Georgia as lessor do by this Agreement, specifically agree to the assignment of said public facilities lease as amended to Augusta Professional B~eball, LLC with the following amendments: 1. The effective date of this assignment shall be October 26th, 2005 and the first payment of rent due Augusta, Georgia as lessor shall be timely made commencing on April 30, 2006; and 2. That the "Notices section" of said lease is amended to provide that all notices under the lease shall be forwarded to the following addresses: C:\Documents and Settings\Chris Flannery\Local Settings\Temporary Internet Files\OLKS06\Assignment of Stadium Lease.DOC For the lessee/assignee, Augusta Professional Baseball, LLC: Augusta Professional Baseball, LLC c/o Ripken Baseball 1427 Clarkview Road, Suite 100 Baltimore, Maryland 21209 Attention: Mr. Chris Flannery, CEO Phone: 410-823-0808 Fax: 410-823-0850 For any notices to Augusta: Augusta, Georgia 530 Greene Street Augusta, Georgia 30911 Attention: Mr. Fred Russell, Administrator Phone: (706) 821-2400 Fax: (706) 821-2819 and to: Augusta Recreation and Parks Department 2027 Lumpkin Road Augusta, Georgia 30906 Attention: Mr. Tom Beck, Director Phone: (706) 796-5025 Fax: (706) 796-4099 WHEREFORE, the above-referenced parties have hereunto caused these presents to be executed by and through their authorized officials and the seals of said limited liability companies affixed and the seal of Augusta, Georgia to be affixed, this _ day of 2005. Assignor: HWS Baseball, LLC By: As its M.4Ud J1-Sd , ~ ^1. (j Ai .8 C ~ ~ Colleen Carignan, Notary Public Commonwealth of Massachusetts My Commission Expires 12f18f2.007 C:\Documents and Settings\Chris Flannery\Local Settings\Temporary Internet FiIes\OLKS06\Assignment of Stadium Lease.DOC Colleen Carignan, Notary Public Common~e~lth of Massachusetts My Commission Expires 12/18/2007 Attest: .;,"/>'~>, Guarantor for HWS Baseball, LLC By: As its: M/~ /1'S~) /V\11~..fJ~~1 Assignee: Augusta Professional Baseball LLC /2#;~ ~ ~~:its ~I~~ I'ci{~ON /~ ~~:* . - I. F: I UserslSShepardlSTEVEICITYlLease.Augusta Professional Baseball. DOC C:\Documents and Settings\Chris FIannery\Local Settings\Temporary Internet Files\OLKS06\Assignment of Stadium Lease.DOC lZr j;~