3/30/2017 9:48:43 AM
4/28/2016 2:15:53 PM
Official Document Type
Agenda Item Number
City of Vero Beach
Roadway Improvements Aviation Blvd. and 43rd. Ave.
Dodgertown Golf Course
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1 <br />INTERLOCAL AGREEMENT <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 the 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+/- 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 Collgteral 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 <br />Page 1 of 6 <br />3120150024116 <br />RECORDED IN THE PUBLIC RECORDS OF <br />JEFFREY R SMITH, CLERK OF COURT <br />INDIAN RIVER COUNTY FL <br />BK. 2840 PG: 1541 Page 1 of 26 4/21/2015 3 32 PM <br />N:\Client Docs\City Council\Agreements\Dogertown.Golf.Course\2014.09.25.Term.Use.Restric.Etc.4.6.2015.docx <br />
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