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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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such pond is constructed. To the extent that the easements described herein are not completed <br />and executed at the time of closing, the requirement to execute and deliver such easements shall <br />survive the closing. <br />9. Conveyance of Easements by the County. The County shall convey to the City <br />(a) an easement to use the existing retention pond, including the related pump house and pump, <br />for drainage, stormwater retention and irrigation purposes relating to those parcels that make up <br />the remaining City Property and the Parking Property, and (b) an easement to use the existing <br />retention pond, including the related pump house and pump, for drainage of stormwater from <br />- 26''' Street in its future expanded condition. The easements described above shall be drafted in <br />such a manner, or shall be modified at the appropriate time, to apply to the New Retention Pond <br />(including the portion of such pond constructed on the Cloverleaf Property), after such pond is <br />constructed. To the extent that the easements described herein are not completed and executed at <br />the time of closing, the requirement to execute and deliver such easements shall survive the <br />closing. <br />10. Conditions to Closing. The closing of the exchange shall be conditioned upon <br />the occurrence of each and every of the following conditions: <br />a) The preparation of final transaction documents implementing the provisions of <br />this agreement; <br />b) The execution and delivery by MiLB Vero Beach, LLC and National Association <br />of Baseball Leagues, Inc. of a First Amendment to Facility Lease Agreement, a <br />Consent and Waiver to certain of the final transaction documents, and a <br />Termination of Parking Property Lease Agreement; <br />c) The execution and delivery by DT Commons, LLC of a Third Amendment to <br />Collateral Development Agreement or, if acceptable to the County, the adoption <br />of a Resolution by the County permitting the use of the Cloverleaf Property for <br />purposes other than the "Permitted Use" as defined in the Collateral Development <br />Agreement; <br />d) Title information and insurance reasonably acceptable to the recipient of each of <br />the exchanged parcels, including no lien affidavits at closing. Such title <br />information and insurance shall be at the sole cost of the party requesting such <br />information and insurance; <br />e) Satisfactory environmental assessments, studies or analyses, as required by either <br />party. Such assessments, studies or analyses shall be at the sole cost of the party <br />requesting such items; <br />f) Other closing documents reasonably required by either party; <br />g) Compliance by the County with section 125.37, Florida Statutes, and by the City <br />with section 2-372 of the Code of Ordinances of the City of Vero Beach; <br />h) All of the above shall be in form and substance acceptable to the City Council and <br />the County Commission, and their respective staffs. <br />11. Closing. Each party agrees to proceed with due diligence to close the transaction <br />as soon as reasonably possible. Each party shall pay its own closing costs and recording fees. <br />
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