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Home My WebLink About2011-106D 2157035 / RECORDED IN THE PUBLIC RECORDS / THIS DOCUMENT HAS BEEN Prepared by, record san •d return to: 130 �, OF INDIAN RIVER COUNTY FL Office of the Couri Attorne BK 2517 PG:588, Pa e1 of 8 1801 27th St., Vero Beach, FL 3296008/ 11 /2011 at 02:55 PM , Telephone: 772.226 . 1424 JEFFREY K BARTON , CLERK OF COURT FIRST AMENDMENT TO FACILITY LEASE AGREEMENT THIS FIRST AMENDMENT is made and entered into as of the 1 st day of June, 2011 to that certain Facility Lease Agreement by and between Indian River County, a political subdivision of the State of Florida ("County") and MiLB Vero Beach LLC, a Florida limited liability company ("MiLB"), dated as of May 1 , 2009 ("Agreement") . WHEREAS, as of May 1 , 2009, County and MiLB entered into the Agreement whereby County leased to MiLB the Land, the Facility and the FF&E, and transferred to MiLB the exclusive right and obligation to use, manage, operate and maintain the Facility for the term set forth therein, and WHEREAS, based upon further negotiations between the parties and with the City of Vero Beach, Florida ("COVB"), the parties desire to amend the Agreement with respect to the Land, the Parking Lease and the Parking Property, the Improvements, and other related matters. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows : 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Definitions . Except as set forth herein, all capitalized terms herein shall have the same meaning as set forth in the Agreement. 3. Land. The definition of "Land" as set forth in section 1 . 02(q) is hereby amended, as follows . (a) the real property described on Exhibit A attached hereto is added to the definition of "Land" and is therefore subject to all terms and conditions of the Agreement, and (b) the real property described on Exhibit B attached hereto is removed from the definition of "Land" and is therefore no longer subject to the terms and conditions of the Agreement. 4o MiLB Events. All references in the Agreement to "Dodgers Events" are hereby changed to "Dodgertown Events," and new section 1 .02(bb) is added as follows : "Dodgertown Events" shall mean any and all events and activities held on the premises of the Land and Facility including, without limitation, sports and non-sports related events and activities, meetings and conferences, whether such events and activities are conducted by County, MiLB or any third party using all or a portion of the Land and Facility with the consent of County or MiLB . C'IUuntspoky*pDoaUmd ffn fitW/ndo lTsmpormy1ntewsAksVLWBF5WRSTAWMDMBNTTOFAC/LIYLFAZAGFBBMEWda= Page I of 4 5. Parking. The provisions of the Agreement relating to parking are amended, as follows : (a) section 1 . 02(v) is deleted and replaced with the following : "Parking License Agreement means the Parking License Agreement entered into as of June 1 , 2011 by and between the County and COVB which, inter alia, governs use rights for the City Parking Property," (b) section 1 .02(w) is deleted and replaced with the following. "City Parking PropgM shall mean the real property subject to the Parking License Agreement, and Facilily Parking Property shall mean the following areas contained within the Land : (i) the real property which has historically been used for parking in connection with activities and events held at the facility, (ii) those portions of the four (4) baseball practice fields and two (2) half baseball practice fields which are suitable for parking, and (iii) other accessible and open areas which are suitable for parking; and (c) section 6 . 05 is deleted in its entirety and replaced with the following. "Parkins. The City Parking Property is owned by the City, subject to the terms and conditions of the Parking License Agreement, and the Facility Parking Property is owned by the County, subject to the terms of this Agreement. MiLB shall have the right to use the City Parking Property for Dodgertown Events in accordance with the terms and conditions of the Parking License Agreement, which terms and conditions are hereby approved and accepted by MiLB . MiLB acknowledges that its right to use the City Parking Property for Dodgertown Events could be terminated by COVB in accordance with the terms and conditions of the Parking License Agreement. In such event, MiLB agrees that the Facility Parking Property is and will be adequate for all parking purposes relating to its use and operation of the Land and Facility. Upon expiration or termination of this Agreement, all rights of MiLB to use the City Parking Property or the Facility Parking Property for any purpose shall terminate. " 6. Improvements. The provisions of the Agreement relating to Improvements are amended, as follows . (a) section 1 . 02(0) is deleted in its entirety and replaced with the following. "Improvements means the improvements constructed or to be constructed on the Land and Facilities during the term of the Agreement, or any extension thereof, consisting of the addition of field lights to two (2) of the existing playing fields in 2011 , the construction of a cloverleaf of four (4) youth dimension baseball fields on the real property described on Exhibit A attached hereto in 2011 , and the construction of a regulation size soccer field in the area of practice field number four in 2011 . " and (b) section 8 . 03 (a) and (b) are deleted in their entirety and replaced with the following : "Immediate Facility Improvements . (a) County, at its expense, will add field lights to two (2) existing playing fields in 2011 and will construct a cloverleaf of four (4) youth dimension baseball fields on the C:IUsm4pakyUppDmoV,oc"ic' ofrlWlmd"slTsmporory /umxlRkSVLKCBF5WRSTAAfE AMW70FAC6/TTLEASEAGREEIfEM:&= Page 2 of 4 ` II r k ' ' real property described on Exhibit A attached hereto in 2011 . Field lighting for the two (2) existing playing fields shall meet the requirements of Class AAA and Class AA field lighting for a new facility which are 100fc (foot candle) average in infield and 70fc average in outfield. County shall not pay for these improvements out of the Capital Reserve Account, (b) County will construct a regulation size soccer field in the area of practice field number four in 2011 at its expense . County shall not pay for this construction out of the Capital Reserve Account." 7. Good Standing — No Violation. County and MiLB agree that, as of the date hereof, the Agreement is in good standing, neither party is in violation or default of any provision of the Agreement, and both parties are in full compliance with all provisions of the Agreement. 8e Conforming Terms. All remaining terms and conditions of the Agreement are hereby conformed to be consistent with the amendments set forth herein. 9e Remaining Terms. All remaining terms and conditions of the Agreement not amended or conformed herein shall remain in full force and effect. 10. Recordation. A copy of this First Amendment shall be recorded on the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names as of the date set forth above. ATTEST: Jeffrey K. Barton, BOARD OF COUNTY COMMUSSIONERS, Clerk of Court INDIAN RIVER COUNTY ("County") Deputy Clerk ..�, Bob Solari, Chairman AFM SEAL: o '•.. Approved by BCC: May 3 , 2011 . v : • It i Approved as to form and legal sufficiency; e � ' y: Alan S . Pola wich. Sr. , &owunty Attorney C:IUxn4pokyUppDamU.*=Wkmo.filW/ndowilTempormylwemet FlksiOLKCBF5WIRSfAMENDMEWTOFACU TYLBASEAGBE EJffda Page 3 of 4 • i , � r • Signed, sealed and delivered in the presence MiLB VERO BEACH LLC, a Florida Of* Flimited liability company ("MiLB"), by National Association of Professional Baseball Leagues, Inc. , a Florida non- profit corporation, its managing member : 6 /mt '1.- '"r"'�d�so Print Name: a . �- 0 le f4 441 Print name : da rn a 46a m st 6 .0 Print Title : �� - ct ey „t c+^� STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this Zo day of , 2011 , by O , scot F Po" , the SQproY ( rte Pr%[r 21-0 National Association of Professional Baseball Leagues, Inc . , a Florida non-profit corporation, managing member of MiLB VERO BEACH LLC, a Florida limited liability company, ,g who is personally known to me, . or O who has produced , as identification, who did not take an oath. NOTARY PUBLIC, State of Florida �a SANDRA M. HEBERT No" public • Side of Rodde Sign : i • Mfr Comm. ExpNes Aug 1 , 2013 Print: yc► i Commission • DD 878473 T. State of orida [SEAL] So" Tb►ou� Naiosal Nohgr Assn. D� Q , `13 Commission No : P 'T Commission Expires: AUq . l ZO !!_ C:ujurs pdq%AppDataU. WlMi fto Wmdows\Tmpomy Intemet Fi1=\0LKCBFSWWT AMENDNMNT TO FACMITY LEAW AGREEWWA. Page 4 of 4 l Property Description Dodgertown (#2010-20) November 8 , 2010 EXHIBIT "A" PROPERTY DESCRIPTION PORTIONS OF DODGERTOWN AND DODGENTOWN PARCEL 3-A Situated in the State of Florida , County of Indian River, City of Vero Beach , and being a part of Section 3 , Township 33 South , Range 39 East and being more particularly bounded and described as follows : Commencing at the Northwest corner of Section 3 , Township 33 South , Range 39 East ; Thence South 00°00'47" West along the West line of said Section 3 for a distance of 887 . 01 feet; Thence South 89045'39" East for a distance of 50. 00 feet to a point on the East right-of-way of 43`d Avenue said point also being the Northwest comer of Dodgertown Parcel 3A as described in Official Record Book 1961 , Page 968 of the Public Records of Indian River County , Florida ; Thence South 89°45 '39" East along the North line of said Parcel 3A for a distance of 345 . 39 feet; Thence South 00014'21 " West for a distance of 85. 00 to a point on the North line of said Parcel 3A; Thence continue South 89°45'39 " East along the North line of said Parcel 3A for a distance of 437 . 69 feet to the Point of Beginning ; Thence from the Point of Beginning continue South 89 °45'39 East along the North line of said Parcel 3A for a distance of 468 . 25 feet to the Northeast corner of Parcel 3A; Thence South 63 ° 53 '04" East for a distance of 326 . 67 feet to a point on the East line of Dodgertown Parcel 3A ; Thence South 18 ° 15 '41 " East along said East line of Parcel 3A for a distance of 386 . 49 feet to the Southeast corner of said Parcel 3A ; Thence South 69022 '53" West for a distance of 898 . 97 feet ; Thence North 02050 ' 58" West for a distance of 830 . 37 feet to the Point of Beginning ; Said Parcel containing 519 , 743 square feet or 11 . 93 acres . Said parcel shall be subject to stormwater easements for the 43rd Avenue and Aviation Boulevard improvement projects as required . w �- i .* a♦ 4 David R . Gay , PSM 4597 " : a 4 ��, o . C> i• Aw �e SAPro ert Descri tions1201012010- 20 Dod ertown Portions & 3A Nov 8 2010. doc ir0 P Y P 9 '°�o �oss�°� � tl 'N` Sheet 1 of 2 — --w—a w ammmft —It -- -- -- -- -- -- -- ------ -- ---T-• -- — f 10o sralr 1g1FR : J. sum =rm uc ss-3i->o 2M am¢T / wxw AVEMX eLw. $ suim xena ure ahax-s rulNlr EAS�IT xgiM scnoi LnE 8�33a,- - - - - - - Wilma ::: - - - - - - :<- - - - - - - - - � - ' - uy.sm .. �.... ..... sw.ax•c emm sm m ux[ as:w3 - - - - - i .. POINT OF COMMENCEMENT � j I I DODGERTOWN NM =1NER %COC4 03-33-39 W I i I Qi i i I • n I 3239.26,00011.0230.00001.3 32-39.2&00011.0230-000012 DODGERTOWN PARCEL 1-A DODGERTOWN PARCEL 2-A HOLMAN STADIUM I I Jv O.R. SK 1961. PG 956 O.0. BK 1758 PG 521 32.3&2&00011-D230-00001.0 I I SCALE 1 300' ' DODGERTOWN PARCEL 1-C I S O. OX 1426, PG 555 I I R PRACTICE FIELDS j 3 OTT OF VWO WAO1 NIMM RIV01 MEM I all gel I - I to of Go oIi oco 0 ! co ILn ! I I 1 j I jCOUNTY TO CITY amx,aF� n S89645' 39"E 10.38 ACRES I j 50. 00 o 589.45939"E S89 .45'39"E I S89.45'39 "E \50001 4'21 " w \\ 85.00 437.69 o2Sg3S \ \ I POINT OF BEGINNING \ 1J� 3248.26-0001 1-0210.0pOp1.1 CP \ OODGERTOWN PARCEL SA z CITY TO COUNTY m000 \ I O.R. SK 1961• PG 966 C3 ma � \ I /' I 01 N 11 .93 ACRES e \ •�• 11, a Ln C°gig \ VP - moi SUBJECT PARCEL � ,/-- � .•tE 114 . 569 22 g9 /' t 'yam 4 ' ' eys ' ' P\N cP� DAVID GA PS � 9�� o T� i I = v . = o ``" RM apo �,.�`' SHE f 2 00. 2 THIS SKETCH IS NOT A SURVEY ,/• ` CITY OF VERO BEACH REr. �o �. .. . SKETCH OF PROPERTY DESCRIPTION EXHIBIT " A " DEPARTMENT OF PUBLIC WORKS 11 . 93 ACRE PARCEL — DEED CITY TO COUNTY CITY PROJECT No. mw.Br ogre 20110 - 20 SURVEY DIVISION SECTION 03 - 33 - 39 DATE DR11N eYaKo er mmmmm PnON 12/2010 DG MKF IIIIIIIIIINII I I - Property Description Dodgertown (#201a20) November 8, 2010 EXHIBIT " B " PROPERTY DESCRIPTION PORTIONS OF DODGERTOWN AND DODGERTOWN PARCEL 2=A & 1 =C Situated in the State of Florida , County of Andian River, City of Vero Beach , and being a part of Section 3 , Township 33 South , Range 39 East and being more particularly bounded and described as . follows : Commencing at the Northwest corner of Section 3 , Township 33 South , Range 39 East , Thence South 00000 '47° West along the West line of said Section 3 for a distance of 30. 00 feet; Thence South 89°45'39" East and . parallel with the north line of said Section 3 for a distance of 75 . 00 feet to a point on the South right-of-way of the Indian River Farms Water Control District Canal A-3; Thence continue South 89°45 ' 39" East along said South right-of--way for a distance of 288. 78 feet to the Northwest comer of Dodgertown Parcel 2A (also known as "A Portion of Dodgertown Parcel 2") in Official Record Book 1758 , Page 523 of the Public Records of Indian River County, Florida) , said point also being the Point of Beginning ; Thence from the Point of Beginning continue South 89045' 39" East along said South right-of-way for a distance of 506 .21 =feet; Thence South 3032 '27 " West for a distance of 582 . 12 feet; Thence South 00014 '21 " West for a distance of 360 . 85 feet to a point on. the South line of Dodgertown Parcel 2A; Thence North 89°45'39" West along said South line of Parcel 2A for a distance of 437 . 69 feet to the Southwest corner of said Parcel 2A; Thence North 00° 1. 4'21 East for a distance of 85. 00 feet ; Thence North 89°45 '39" West for a distance of 35 . 00 feet ; Thence North 00 ° 14 '21 " East along the West line of said Parcel 2A for a distance of 857 . 00 feet to the Point of Beginning ; Said Parcel containing 452 , 042 square feet or 10. 38 acres . Said parcel shall. be subject to stormwater easements for the 43`d Avenue and Aviation Boulevard improvement projects as required . . . .0. .J,oO dot . . . . .....:BsY �`Pt ^ 40 , s. � � o d�, � •1t David R . Gay , PSM #5h i _ ti� o ' y Ssee • ••• • • •, .• C% . . SAProperty Descriptions\201012010-20 Dodgertown Portions & 2A_Nov 8 2010.doc C PtotcsSlo Sheet 1 of 2 I PARCEL 20 PARCEL 19750 - -f— S00400' 4709W —� --1 1 SOUTH SECTION UNE 33-32- 39R — 26TH STREET / WALKER AVENUE BLVD.' m / ' SOUTH SECTION UNE 34-32-39 - in N00 SECTON LINE C4-33- 39 4 — — — — — �.,, , r.rs — — L'. — j — 589 '45' 39' ". u =anammc, =...in S89 '45'39 "E NORTH SECTtpv UNE 03- 33- 39 - - - T'— - - - - 288. 78' , ky ' POINT OF COMMENCEMENT S89 '45' 391' E 506 . 21 NW CORNER S=CnoN 03- 33- 39 I 75. 00 ' POINT OF BEGINNING I I I I w I z � I z Lw SCALE 1 200' Z cr 132-39-26-00011 -0230-00001 .3 32-39-26-00011 -0/30-00002 I N iv co) DODGERTOWN PARCEL 1 -A DODGERTOWN PARCEL 2-A C N HOLMAN STADIUM ( is -I 43 - O.R. BK 1961 , PG 956 O.R. BK 1758, PG 523 "1 w / N 32-39-26-00011 -0230-00001 .0 Ia V % = DODGERTOWN PARCEL 1 -C N p O.R. BK 1426, PG 555 CITY OF VERO BEACHqt INDIAN . RIVER COUNTY 1 p c 1 I I Z ( & . INDIAN RIVER COUNTY . I I COUNTY TO CITY 10.38 ACRES I I i SUBJECT PARCEL I I 3 N 00 � I N89045139 "W o n 1 35. 00' vii S � 8 N00'14821 "E L J 85. 00' o_ 6I N89045'39 "W y 437. 69' 32-39-26-00011 -0230-00001 . 1 Ca �`'• OODGERTOWN PARCEL 3-A •"4 W I � O.R. BK 1961 , PG 968 CITY TO COUNTY 11 .93 ACRES CITY of VERO BEACH ,DAVID GAYPS 59 ;d Lj +W � : THIS SKETCH IS NOT A SURVEY d " � _ o SHEET as V... co CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT 1* 1391 VSs DEPARTMENT OF PUBLIC WORKS 10 . 38 ACRE PARCEL — DEED COUNTY TO CITY CITY PROJECT NO, ORN.6T 2010- 20 SURVEY DIVISION PORTION OF SECTION 03 - 33 - 39 DATE ORWN By CHKO BY 9=WTON 12/2010 DG MKF