Contract # : C-6368-3 - CHICAGO WHITE SOX, LTD - Execution Date: 6/23/2020 C-6368-3
AMENDMENT NO. 1 TO
FACILITY USE AGREEMENT
This Amendment No. 1 to the Facility Use Agreement("Amendment No. 1") is entered into and
made effective as of March 2, 2020 ("Effective Date"), by and between the CITY OF GLENDALE, an
Arizona municipal corporation(the"City"),CHICAGO WHITE SOX,LTD.,an Illinois limited partnership
(the "White Sox"), and LOS ANGELES DODGERS LLC, a Delaware limited liability company (the
"Dodgers").The White Sox and the Dodgers are collectively referred to herein as the"Teams." The City,
the White Sox,and the.Dodgers are collectively referred to herein as the"Parties."
RECITALS
A. On or about November 2, 2007, the Parties entered into a Facilities Use Agreement
("FUA") to delineate the Parties' respective rights and obligations relating to the use, operation,
maintenance,repair,and upgrading of the Facility(as such term is defined in Section 1.1.17 of the FUA).
B. Section 8 of the FUA generally allocates responsibilities among the Parties for the cost of
making repairs,restorations,replacements,and upgrades to the Facility.
C. The general overriding principle of the allocation of responsibilities in Section 8 of the
FUA was that the Teams were responsible for funding and providing all Routine Maintenance(as that term
is defined in Section 8.2 of the FUA)and the City is responsible for funding all Capital Repairs and Facility
Upgrades(as these terms are defined in Sections 8.4 and 8.5 the FUA).
D. On or about December 5, 2012, the Teams made a request to include repair and/or
replacement of certain turf maintenance equipment as a Capital Repair at the City's cost. The City denied
the request on the grounds that maintenance of the field turf and the equipment necessary to perform such
tasks constituted Routine Maintenance under the FUA. The Teams disagreed with the City's assertion.
E. The Parties have negotiated the resolution of their dispute as to the proper classification of
the cost of the field turf and equipment and enter into this Amendment No. 1 to resolve their different
interpretations of Sections 8.2 and 8.5 of the FUA.
F. The Parties accordingly modify and amend the FUA, subject to and strictly in accordance
with the terms of this Amendment No.1.
AMENDMENT
In consideration of the mutual promises set forth herein and for other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,the City and the Teams hereby
agree as follows:
1. Recitals. The recitals set forth above are not merely recitals,but form an integral part of this
Amendment No. 1.
2. Obligations of the Teams. Attached hereto as Exhibit A is a list of the original grounds
equipment that was provided to the Teams by the City pursuant to the FUA and utilized by the
Teams to maintain the Grounds of the Facility. Hereafter, the Teams shall repair, maintain,
and replace,at the Teams' sole cost and expense,any equipment that is listed in Exhibit A and
any replacement of any such equipment. For purposes of this Amendment No. 1,"Grounds"
shall include the Playing Fields as defined in Section 1.1.37 of the FUA and any other
landscaped areas of the Facility.
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3. Payment by the City. The City shall reimburse.the Teams for the previously disputed accounts ;
receivable which totals S220;456.47. such reimbursement to be paid it lull by no later than ;1i
August I.2021. The City may pay the reimbursement in installments or in a lump sum without
penalty,provided that such amount is paid in full on or before the August I,2021 due date,
4. • Future Obligations of the Parties. Upon the City's payment in full of the amount agreed to 1
' in Section 3 above,the City shall have no further obligation at all to repair,maintain,or replace r
any equipment listed in Exhibit A or any replacement of such equipment.
. 5. . Ratification of FUA. The Panics hereby agree that,except as expressly provided herein,the ..4,1
provisions of the FUA shall be and remain in full force and effect. if any provision of this ;
Amendment No. 1 conflicts with the FUA, then the provisions of this Amendment No. I shall "'
prevail.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 as of the Effective
Date first above written.
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CITY OF GLENDALE, municipal'corporation LOS ANGELES DODGERS LLC,a Delaware
of the Slate of Arizona limited liability company
By:4 -
Its: A. ii4 ,0 1 By:(+
Namll,�' 4(.4)1"' A.*+ h y rnG��� Its: E- P l c.4,0
ATTEST: CI IICAGO WHITE SOX, LTD.,an Illinois
limited partner tit
Ci lerk By: �,. d
Name:
Its:
APPROVED AS TO FORM:
Mic 1 . D. 13''ev,City .kttorney
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EXHIBIT A
City of Glendale Asset List
Original Grounds Equipment - Camelback Ranch
INVENTORY LIST QTy
1 ton Roller(MULTIQUIP) 2
3 Ton Roller(RAMMAX) 1
John Deer 5-Gang Mower 2
7'fi Laser Gannon 1
Aerator 1
Bobcat End Loader 1
Broadcast Spreader-Pull Behind(Lely) 1
Bunker Rake 4
Cuslunan Dump Cart 1
Cushman Flat Bed Cart
Gators- "6 Wheels"(Pro Gator-Bed) 6
Gators-(TX Turf Gator) 1
Gators-Electric Dump(TX Turf Gator) 2
Honda Push Mowers 2
Sprayer 1
TC125 -Turf Vac:JD 1
• Top Dresser 2
Toyota Fork Lift 1
Triplex Mower 3
Turf Vacuums-Pull Behind 1
Verti-cutter 1
Zero Turn Mower 1
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