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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
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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:
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Guarantor for HWS Baseball, LLC
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Assignee:
Augusta Professional Baseball LLC
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