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Eighth Amendment to Shared Use Agreement
This Eighth Amendment to Shared Use Agreement (“Eighth Amendment’) dated
effective November 26, 2024 (“Effective Date”), is entered into between the City of
Muskegon, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 (“City”)
and Muskegon Lumberjacks Organization, LLC, a Michigan limited liability company, with
Peter Herms, as Owner, of 470 W. Western Avenue, Muskegon, Michigan 49440
(“Lumberjacks”) (collectively, the “Parties”) with reference to the following facts:
Recitals
A. The City and WC Hockey, LLC entered onto a Shared Use Agreement dated July
1, 2019, which WC Hockey, LLC has assigned to Muskegon Lumberjacks Organization, LLC.
B.. The Shared Use Agreement has been amended by the First Amendment dated
July 1, 2019 which revised paragraphs 3 (Term: Early Termination), 12(a) (Shared
Sponsorships) and 14(c) (Additional Lease Space, Future Restaurants, Pubs or Retail Space);
Second Amendment dated July 1, 2019 which revised paragraphs 4(c) (Minimum Gross
Revenue) and 12(a) (Shared Sponsorship); Third Amendment dated July 1, 2019 which revised
Paragraphs 12 (Sponsorship and Advertising), 14(a) (Capital Construction), 18 (City
Participation), and WZZM Studio Space; Fourth Amendment dated July 1, 2019 which revised
paragraph 14(a) (Capital Construction); Fifth Amendment dated July 1, 2021 which revised
Paragraph 3 (Term); Sixth Amendment dated May 23, 2023, which among other things provided
for additional Option Terms; and Seventh Amendment dated August 27, 2024, which revised
Paragraph 14(a) Capital Construction.
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C. The Sixth Amendment contemplated the City and Lumberjacks would work
together in good faith to enter into future written agreements to make additional agreed upon
capital improvements to the Arena, and how the costs related thereto would be shared. To that
end, the Parties entered the Seventh Amendment to set forth the terms and conditions
according to which the City and Lumberjacks would share in the costs of purchase and
installation of a new overhead Scoreboard in the Arena.
D. In consideration of the Lumberjacks past investment in capital improvements to
the Arena and the anticipated mutually agreed upon future capital improvements to be made by
the Lumberjacks and its owner Peter Herms, the Parties desire to enter this Eighth Amendment
to set forth the terms and conditions under which the City will agree not to consent to any
voluntary or involuntary assignment of the Shared Use Agreement.
Therefore, in consideration of the above Recitals, the Shared Use Agreement is
amended and modified as follows:
1. Assignment. The City agrees that so long as the Lumberjacks are not in default
in the payment of annual amounts or any other amounts owed to City under the Shared Use
Agreement, the City will not consent to the voluntary or involuntary assignment of the
Lumberjacks interest in this Shared Use Agreement to any third party.
2. Full Force and Effect. Except as set forth in this Eighth Amendment, the terms
and conditions of the Shared Use Agreement shail remain in full force and effect. In case any of
the provisions of the Shared Use Agreement, as amended, contradict or conflict with this Eighth
Amendment, the terms of this Eighth Amendment shall prevail.
3. Counterparts/Electronic Signature. This Eighth Amendment may be executed
in any number of counterparts and by different parties to this Amendment on separate
counterparts, each of which, when so executed, will be deemed an original, but all such
counterparts will constitute one and the same amendment. Any signature delivered by a party
by fax or email will be deemed to be an original signature.
4. Full Execution. This Eighth Amendment requires the signature of all parties.
Until fully executed, on a sign copy or in counterparts, this Eighth Amendment is of no binding or
effect and if not fully executed, this Eighth Amendment is void.
The Parties hereto have executed this Eighth Amendment as of the Effective Date.
Lumberjacks — City -
Muskegon Lumberjacks Organization, LLC City of Muskegon
Name: Andrea Rose Name: Ken Johnson
Title: President of Business Operations Title: City Mayor
Owner
Name: Ann Marie Meisch
Title: City Clerk
PéterHerms “ %
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