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HomeMy WebLinkAboutAUGUSTA PROFESSIONAL BASEBALL LLC THIRD AMENDMENT TO LEASE STATE OF GEORGIA ) COUNTY OF RICHMOND ) Third Amendment to Lease This Third Amendment to Lease (the "Amendment "), effective this day of , 2010 between Augusta Georgia, successor by consolidation of Board of Commissioners of Richmond County, Georgia and The City Council of Augusta, Georgia, as Lessor and Augusta Professional Baseball LLC, a Georgia limited liability company, as Lessee. Witnesseth: WHEREAS, on April 12, 2004, HWS Baseball, LLC, as Lessee, and Lessor, entered into an Amendment to Public Facilities Lease Agreement, (Exhibit A), to a Public Facility Lease Agreement dated May 9, 1994, (Exhibit B), and a Second Amendment dated April 18, 2006 to provide for improvements to the facility, with a right to operate certain property owned by Lessor through September 30, 2014 (the Public Facility Lease Agreement, as amended, being hereinafter referred to as the "Lease "). This Lease was assigned to Augusta Professional Baseball LLC as Lessee on October 26, 2005. WHEREAS, the parties now desire to amend the Lease as to provide for improvements of the leased property, the parties hereby amend the Lease by adding the following new provisions thereto: 1. Lessee contemplates making some or all of the capital improvements to the leased premises in accordance with a list of said improvements as attached as Exhibit C, subject to any revisions as may be approved by Lessor. The total estimated cost of improvements is $1,000,000. Lessor contributed $400,000 of its own funds toward the cost of the improvements using SPLOST Phase V funds in 2006. Lessor shall contribute $100,000 using SPLOST VI funds on April 15` 2011 after completion of improvements in that amount as verified through invoices and inspection related to work in Exhibit D. Lessor and Lessee shall acknowledge that Lessee shall make such improvements solely from funds provided by Lessor and which have been allocated by Lessor for such capital improvements. 2. Lessee shall arrange to commence construction of the improvements, at its own expense, at any time after execution of this Amendment and be reimbursed for the same under the conditions as outlined in Section 1 of this Amendment. 3. Upon completion of the improvements, the operation, use and maintenance of same shall be governed by the terms and conditions of the may 9, 1994 Public Facilities Lease agreement; provided that Lessee's obligations for maintenance and repair shall not exceed $25,000 per lease year. 4. Upon completion of the improvements, the new facility shall become a permanent fixture and improvement on the property owned by Lessor and Lessee shall have no ownership interest in same or other interest except for the right to use and operate the improvements as provided in the Lease. 5. Sections 3 and 4 of the April 12, 2004 Amendment are hereby deleted and the following is inserted in lieu thereof: A. The Lessor shall use its best efforts to contribute an additional $500,000 of its own funds toward the cost of the improvements. Until such time as Lessor has contributed an aggregate of $1,000,000 toward the cost of the improvements, provided such funds are contributed by December 31, 2011, the additional rent described in subsection B below shall not be applicable. B. Lessee agrees to pay, as additional rent, the following amounts, provided that the condition set forth in subsection A above have been met: (i) 25% of gross ticket revenue from private hospitality sales (skybox and luxury sales); provided however, that payments under this clause (i) shall terminate once the Lessor has received payments under this clause (i), in the aggregate, equal to the amount of the funds contributed by the Lessor which is allocable to the construction of the improvements for skybox and luxury seats. Within 90 days after the contribution of the $1,000,000, the Lessor and Lessee shall meet to discuss in good faith the portion of the $1,000, 000, the Lessor and Lessee shall meet to discuss in good faith the portion of the $1,000,000 allocable to the improvements for skybox and luxury seats. (ii) 25% of the ticket sales price for ticket sales in excess of 175,000 For each baseball season (April through September of a calendar year); provided however, that payments under this clause (ii) shall terminate once the Lessor has received payments under this clause (ii) and under clause (i) aggregating $1,000,000. 6. Except as amended herein, the terms and provisions of the May 9, 1994 lease agreement remain in full force and effect as between Lessor and Lessee. IN WITNESS WHEREOF, Lessor and Lessee have executed, signed, sealed and delivered this Second Amendment to Lease in duplicate effective the day and year first written above. Signed, sealed and delivered in the Augusta, Georgia Presence of: I All'A - Deke Copen aver, Mayor i") Q' Notary ! /' '�� My CommiO � �, i = r Attest 4,..,...,. ; i l Z * 4.0 O % Clerk of ,: minission S i PUB r s Signed, seale�4 v �r+ ` Augusta Professional Baseball LLC presence of: 4 44 4 04 f 4 " GO jJ c. v mor -. By ;.A ■ _ c Notary Public / My Commission Expires: l0 Jul l0