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HomeMy WebLinkAboutBlack Hawks Hockey, Inc.-Lease Renewal Agreement-04.27.2009 a : y-, 10 1. , aDdy- 35cr LEASE RENEWAL AGREEMENT This Lease Renewal Agreement (the "Agreement") is entered into as of-May 37 , 2009, by and between the City of Waterloo, Iowa("City") and Black Hawks Hockey, Inc. ("BHH"). RECITALS A. City and BHH are parties to a certain Young Arena Lease and Use Agreement dated , 2004 (the "Lease Agreement"). The Lease Agreement sets forth the terms on which BHH will make use of the facility known as Young Arena. B. The Lease Agreement provides for an option to renew the Lease Agreement for an additional period of five (5) years, and BHH has notified City of its intent to renew the Lease Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein and for other consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Renewal. The parties hereby renew the Lease Agreement for an additional period of five (5) years, commencing June 1, 2009 and continuing until and including May 31,2014. 2. Continuation. Continued possession beyond the expiration date of the term of the Lease Agreement, as amended hereby, and absent a written agreement by both parties for an extension of the Lease Agreement or for a new lease, shall constitute a month-to-month extension of the Lease Agreement. 3. Due Authorization. City and BHH each represents and warrants to the other: (i) that all requisite action on its part to duly and validly authorize and approve the terms of this Agreement to ensure the enforceability of said terms has been taken, and (ii) that the person or persons signing this Amendment on its behalf is/are duly authorized to execute and deliver this Agreement on behalf of the representing party. 4. Entire Agreement. This Agreement and the Lease Agreement constitute the entire agreement between the parties pertaining to the subject matter hereof. Except as amended herein, the Lease Agreement shall continue in full force and effect without modification. 5. Binding Effect. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 6. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Lease Renewal Agreement as of the date first written above. CITY OF WATERLOO, IOWA BLACK HAWKS HOCKEY, INC. By: By: Timothy J. Hu , Mayor William B. Johnson, President Attes . Cai24, Nancy Eckert, y Clerk 2 WO,