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2011-106N
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2011-106N
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Last modified
7/9/2020 2:50:50 PM
Creation date
10/5/2015 9:12:04 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/03/2011
Control Number
2011-106N
Agenda Item Number
13.B.14
Entity Name
Indian River County City of Vero Beach
Subject
Transcript of Documents Dodgertown Land Swap
Swap of Cloverleaf and Parking Property
Supplemental fields
SmeadsoftID
10229
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— 3. Exchange of Properties The County shall convey the Parking Property to the <br />City by Special Warranty Deed, and the City shall convey the Cloverleaf Property to the County <br />by Special Warranty Deed. <br />4. Deed Restrictions. The parties shall amend the Declaration of Covenants, <br />Conditions, and Restrictions recorded at OR Book 1961, Page 978, Public Records of Indian <br />River County, Florida ("Declaration") (all OR Book and Page references hereafter shall refer to <br />the Public Records of Indian River County, Florida), to (i) remove the Cloverleaf Property from <br />the Declaration, and (ii) include the Parking Property in the Declaration. Additionally, at the <br />election of the County, either the parties shall amend the Collateral Development Agreement <br />recorded at OR Book 1426, Page 596, to remove the Cloverleaf Property from the definition of <br />"Adjacent Property" and include such property within the definition of `Baseball Facilities," or <br />the County shall adopt a resolution or other unilateral document permitting the Cloverleaf <br />Property to be used for a cloverleaf of youth or softball dimension baseball fields and related <br />activities, or for any other purpose consistent with the definition of "Baseball Facilities"; <br />provided, however, that nothing contained herein, or in the resolution or other unilateral <br />document shall be interpreted to restrict in any way the County's right, as set forth in the <br />Collateral Development Agreement, to permit any other use on the Cloverleaf Property. <br />5. Parking. The parties shall (a) terminate the Parking Property Lease Agreement <br />recorded at OR Book 1961, Page 1004, and (b) enter into. a Parking License Agreement with <br />respect to the Parking Property and two other parcels of property owned by the City and located <br />to the north of Dodgertown, consisting of a 3.3 acre site north of 26t1' Street and north of Holman <br />Stadium, and a 4.6 acre site north of 26th Street and east of Holman Stadium. <br />6. Parking Certification. The City shall certify to the County that parking in <br />compliance with all City parking codes and regulations for maximum capacity events at <br />Dodgertown exists onsite within the Dodgertown facility, including the areas historically used <br />for parking, the four (4) baseball practice fields and two (2) half baseball practice fields, and <br />other accessible, open areas suitable for parking within the facility. <br />7. Interlocal Agreement. The parties shall amend the Interlocal Agreement <br />recorded at OR Book 1353, Page 971 to make clear that neither the Cloverleaf Property nor the <br />Parking Property shall be subject to such agreement. <br />8. Conveyance of Easements by the City. The City shall convey to the County (a) <br />an easement for drainage of stormwater from 43r Avenue in its future expanded condition across <br />the remaining City Property to the existing retention pond, (b) an easement for access and <br />maintenance to the pump house, pumps, and pipes at the southwest corner of the City Property to <br />the existing retention pond, and (c) an easement to locate on the City Property adjoining the <br />Cloverleaf Property up to 33.33% of the new retention pond to be constructed on the Cloverleaf <br />Property ("New Retention Pond"), and thereafter to use the portion of the New Retention Pond <br />located on the City Property (together with the portion located on the Cloverleaf Property) for <br />drainage, irrigation, stormwater retention and maintenance purposes related to the Dodgertown <br />property and the Cloverleaf Property. The easements described above shall be drafted in such a <br />manner, or shall be modified at the appropriate time, to apply to the New Retention Pond, after <br />
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