Prepared by, record and return to:
<br />Office of the County Attorney
<br />180127 1h St., Vero Beach, FL 32960
<br />Telephone: 7 72.226.1424
<br />215701"
<br />THIS DOCUMENT HAS BEEN
<br />ZQ 1 1.10(o N RECORDED IN THE PUBLIC RE;,ORDS
<br />5,3, OF INDIAN RIVER COUNTY FL
<br />BK 2517 PG 565, Pagel of 3
<br />13$
<br />.R.. 08!11/2011 at 02:55 PM,
<br />JEF7FREY K BARTON, CLERK OF
<br />COURT
<br />TERMINATION OF PARKING PROPERTY LEASE AGREEMENT
<br />THIS TERrHNATION OF PARKING PROPERTY LEASE AGREEMENT ("Termination
<br />Agreement") is entered into as of the 1 st day of June, 2011 by and between Indian River County,
<br />a political subdivision of the State of Florida ("County"), the City of Vero Beach, a municipal
<br />corporation organized under the laws of the State of Florida ("City"), and MiLB Vero Beach,
<br />LLC, a Florida limited liability company ("MiLB").
<br />Whereas, on November 17, 2005, Los Angeles Dodgers LLC, a Delaware limited liability
<br />company ("Dodgers") and City entered into that certain Parking Property Lease Agreement,
<br />recorded on said date in O.R. Book 1961, Page 1004, Public Records of Indian River County,
<br />Florida ("Parking Lease"); and
<br />Whereas, on February 19, 2008, Dodgers, County and City entered into that certain Third
<br />Amendment to Facility Lease Agreement, recorded on March 17, 2008 in O.R. Book 2249, Page
<br />2367, Public Records of Indian River County, Florida, which had the effect of terminating the
<br />Facility Lease Agreement between Dodgers and County, dated September 1, 2000; and
<br />Whereas, by reason of the termination of the Facility Lease Agreement, and more specifically,
<br />pursuant to section 13.02 of the Parking Lease and section 3.02(f) of the Third Amendment to
<br />Facility Lease Agreement, County assumed all rights and obligations of Dodgers in and to the
<br />Parking Lease;
<br />Whereas, MiLB may be considered a sub -lessor under the Parking Lease, by reason of section
<br />6.05 of the Facility Lease Agreement between County and MiLB, dated May 1, 2009 and
<br />recorded on June 1, 2009 in O.R. Book 2344, Page 1405, of the Public Records of Indian River
<br />County, Florida; and
<br />Whereas, City, County and MiLB now desire to terminate the Parking Lease,
<br />NOW THEREFORE, in consideration of the mutual undertakings herein and other good and
<br />valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
<br />agree, as follows:
<br />1. Recitals. The above recitals are true and correct and are incorporated herein.
<br />2. Termination of Parking Lease. The Parking Lease is hereby terminated and declared to
<br />be of no further force or effect; provided, however, that sections 9.01, 9.02 and 9.03
<br />(relating to indemnification) shall survive the termination, but only as to any relevant
<br />matter or claim arising or accruing prior to the effective date of this Termination
<br />Agreement.
<br />C:'Usem4polryWppDomVnco/lM/crowhIWind— I-mpo—Y lem.nef F1eel01KCBF5ITFRMINA TION OF PARK/NG PROPERTY LEASE AGREEMEATdo
<br />Page 1 of 3
<br />
|