|
INTERLOCAL AGREEMENT
<br />1;3
<br />a015- 0T1
<br />4_1q-a015,
<br />._1q-a015,
<br />THIS INTERLOCAL AGREEMENT (hereinafter "Agreement") is entered into as of the
<br />Effective Date provided for herein by and between INDIAN RIVER COUNTY, a political subdivision
<br />of die State of Florida (hereinafter "COUNTY") and, the CITY OF VERO BEACH, a Florida
<br />municipal corporation (hereinafter "CITY") in order to provide for release of certain contractual land
<br />use restrictions encumbering the CITY -owned former Dodgertown nine -hole golf course property and
<br />CITY cooperation and assistance regarding certain roadway improvement projects for Aviation
<br />Boulevard, 43rd Avenue, and State Road 60 in the area of 43rd Avenue. COUNTY and CITY may also
<br />be referred to herein as a "Party" or collectively as the "Parties."
<br />RECITALS:
<br />WHEREAS, on November 17, 2005, the CITY purchased 37+1- acres of real property
<br />commonly known as the former Dodgertown nine -hole golf course (hereinafter "City Property"); and
<br />WHEREAS, on November 17, 2005, the CITY, Los Angeles Dodgers, LLC (hereinafter
<br />"DODGERS") and DT Commons, LLC (hereinafter "DT COMMONS") executed that certain Second
<br />Amendment to the Collateral Development Agreement, recorded on November 17, 2005, which
<br />provided at paragraph 3 that the CITY shall develop the City Property solely as (i) a municipally -
<br />owned public golf course, or (ii) green space, or (iii) park -like setting, or (iv) any combination of the
<br />foregoing three uses (hereinafter "Use Restrictions"); and
<br />WHEREAS, pursuant to said Second Amendment to the Collateral Development Agreement,
<br />the CITY was not to develop and/or permit the use of the City Property for any other use or purpose
<br />whatsoever without the prior written consent of both the Dodgers and the County, which consent could
<br />be granted or denied by either the DODGERS or the COUNTY in the exercise of their respective sole
<br />and absolute discretion; and
<br />WHEREAS, on November 17, 2005, the CITY and the DODGERS executed that certain
<br />Declaration of Covenants, Conditions, and Restrictions, recorded on November 17, 2005, limiting the
<br />City's use of the City Property to the Use Restrictions as stated in the Second Amendment to the
<br />Collateral Development Agreement; and
<br />WHEREAS, in February 2008, the COUNTY succeeded to all interests of the DODGERS in
<br />said Second Amendment to the Collateral Development Agreement and Declaration of Covenants,
<br />Conditions, and Restrictions, as outlined in Article 3 of the Third Amendment to Facility Lease
<br />Agreement dated February 19, 2008, and recorded on March 17, 2008, leaving the COUNTY and the
<br />CITY as the sole parties in interest with respect to the documents as they relate to the City Property;
<br />and
<br />WHEREAS, on June 1, 2011, the COUNTY and the CITY completed an exchange of certain
<br />parcels of land included in the original Collateral Development Agreement, dated and recorded on
<br />August 29, 2001, in order for the COUNTY to develop a cloverleaf ball field on a 11.93 acre parcel
<br />(hereinafter "Cloverleaf Property"); and 3120150024116
<br />RECORDED IN THE PUBLIC RECORDS OF
<br />JEFFREY R SMITH, CLERK OF COURT
<br />Page 1 of 6 INDIAN RIMER COUNTY FL
<br />BK. 2840 PG: 1541 Page 1 of 26 4121201,5 32 PM
<br />* s N CC1icnt DoCS\0tg CoundRAgreementsiDoget OW GoIF Coum.6201� 09 25.Term.Use.Restric.Etc.4.6.2015.docx
<br />
|