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HomeMy WebLinkAboutLake Elsinore Storm Stadium Interim Management Agreement 05th Amendment Restated - Extension 06-26-2018 DocuSign Envelope ID:7532ACF3-572E-4EA0-BC7E-406466C2FCE3 EXTENSION TO RESTATED FIFTH AMENDMENT TO STADIUM INTERIM MANAGEMENT AGREEMENT This Extension to Restated Fifth Amendment to Stadium Interim Management Agreement ("Extension") is made and entered into as of June 26, 2018 by and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore ("Successor Agency"), and the Lake Elsinore Storm LP, a California limited partnership ("Storm"). RECITALS A. The Successor Agency and the Storm entered into that certain Restated Fifth Amendment to Stadium Interim Management Agreement for Professional Services dated as of May 8, 2018 (the "Restated Fifth Amendment"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Restated Fifth Amendment. B. The Restated Fifth Amendment will expire June 30, 2019 which falls in the middle of the 2019 baseball season which would result significant uncertainty, disruption and potential financial liabilities. C. The Successor Agency and Storm desire to extend the term of the Restated Fifth Amendment to September 30, 2019 in order to provide for continued efficient and cost effective management, maintenance and operation of the Premises through the 2019 baseball season in accordance with the Restated Fifth Amendment. NOW, THEREFORE, incorporating the foregoing recitals herein, and in consideration of the mutual covenants and conditions set forth herein and in the Restated Fifth Amendment, Successor Agency and the Storm agree as follows: 1. Section 6.1 of the Interim Agreement, "Term" as amended by Section 3 of the Restated Fifth Amendment is hereby deleted in its entirety and replaced with the following: 6.1 Term. The term of this Interim Agreement (hereinafter the "Term") shall commence on the Effective Date and shall, unless earlier terminated in accordance with Sections 6.2, 19, or 20 hereof, shall expire September 30, 2019. 2. All references to "June 30, 2019" in the Restated Fifth Amendment shall be replaced with "September 30, 2019". 3. Except for the changes specifically set forth herein, all other terms and conditions of the Restated Fifth Amendment shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] Extension to Restated Fifth Amendment 1 DocuSign Envelope ID:7532ACF3-572E-4EA0-BC7E-406466C2FCE3 IN WITNESS WHEREOF, the parties have executed this Extension to Restated Fifth Amendment to Stadium Interim Management Agreement on the respective dates set forth below. "SUCCESSOR AGENCY" SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY qF hAKE ELSINORE Docu igne y: Dated: 1/2/2019 10:15 AM PST By: � rd�'�' ;FExecutive Director ATTEST: SUCCESSOR AGENCY SECRETARY DocuSigned by: By: �+--�— �t�3� f�CE... APPROVED AS TO FORM: LEIBOLD McCLENDON & MANN, P.C. Successor Agencv Counsel Docu igned y: By: �OL6 ld "STORM" LAKE ELSINORE STORM LP, a California limited partnership By: GJJ STORM MANAGEMENT, LLC, a California limited liability company Its: General Partner DocuSigned by: Dated: 1/2/2019 1 10:04 AM PST By: SavycEE96,Jauebs, Manager Extension to Restated Fifth Amendment 2