The URL can be used to link to this page

Home My WebLink About2005-183 6 J RESOLUTION NO. 2005- 183 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR THE APPROVAL OF THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO COLLATERAL DEVELOPMENT AGREEMENT, PARKING PROPERTY LEASE AGREEMENT AND SECOND AMENDMENT TO FACILITY LEASE AGREEMENT; AUTHORIZING OTHER REQUIRED ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA: SECTION 1. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of Chapter 125,Florida Statutes, and other applicable provisions of law. SECTION 2. APPROVAL OF SECOND AMENDMENT TO COLLATERAL DEVELOPMENT AGREEMENT. The Second Amendment to Collateral Development Agreement substantially in the form attached hereto as Exhibit "A" is hereby approved and the Chairman or Vice-Chairman and the Clerk are hereby authorized to execute and deliver the Second Amendment to Collateral Development Agreement on behalf of and in the name of the County, with such additional changes, insertions and omissions therein as may be otherwise made and approved by said officers of the County executing the same, such execution to be conclusive evidence of such approval. SECTION 3. APPROVAL OF PARKING PROPERTY LEASE AGREEMENT. The Parking Property Lease Agreement substantially in the form attached hereto as Exhibit "B" is hereby approved and the Chairman or Vice-Chairman and the Clerk are hereby authorized to execute and deliver the Parking Property Lease Agreement on behalf of and in the name of the County, with such additional changes, insertions and omissions therein as may be otherwise made and approved by said officers of the County executing the same, such execution to be conclusive evidence of such approval. SECTION 4. APPROVAL OF SECOND AMENDMENT TO FACILITY LEASE AGREEMENT. The Second Amendment to Facility Lease Agreement substantially in the form attached hereto as Exhibit "C" is hereby approved and the Chairman or Vice-Chairman and the Clerk are hereby authorized to execute and deliver the Second Amendment to Facility Lease Agreement on behalf of and in the name of the County, with such additional changes, insertions and omissions'therein as may be otherwise made and approved by said officers of the County executing the same, such execution to be conclusive evidence of such approval. 1 '. 1 r • 4 SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. Adopted this 8 day of November, 2005. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA .'meq Y tiY 1'T4 As: Chairman Thomas S. Lowther Qui `Attest: • BCC Approved: November 8, 2005 [Deputy] Clerk APPROVED AS TO FORM AND LEGA SUFFICIENCY ty Attorney 2 /0 /T 1704561 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN U' RIVER CO FL, BK: 1961 PG: 1004, 11/17/2005 04:29 PM PREPARED BY: RESERVED FOR USE BY Santiago Fernandez,Esq. CLERK OF CIRCUIT COURT Senior Vice President& General Counsel Los Angeles Dodgers LLC 1000 Elysian Park Avenue nl g Los Angeles,California 90012 k N r E ®� Eric D.Rapkin,Esq. O s Akerman Senterfitt o R350 East Las Olas Boulevard,Suite 1600 _ in a e Ft.Lauderdale,Florida 33301 i PARKING PROPERTY LEASE AGREEMENT This PARKING PROPERTY LEASE AGREEMENT (the "Agreement") is entered into as of November 17 , 2005, by and between LOS ANGELES DODGERS LLC, a Delaware limited liability company ("Dodgers"), and the CITY OF VERO BEACH, a municipal corporation of the State of Florida(the"City"). RECITALS A. WHEREAS, Indian River County, Florida, a political subdivision of the State of Florida (the "County") owns the land and the baseball spring training facility and other improvements located at 4001 26th Street, Vero Beach, Florida 32960, and known generally as "Dodgertown"(the"Facility"); and B. WHEREAS, Dodgers (as successor-in-interest to Los Angeles Dodgers, Inc., a Delaware corporation) operate the Facility pursuant to the Facility Lease,Agreement entered-into by and between Dodgers and the County as of September 1, 2000,recorded in Official Records Book 1426, Page 0567, of the Public Records of Indian River County, Florida, as amended by the First Amendment to Facility Lease Agreement, dated as of June 24, 2004, recorded in Official Records Book 1758,Page 0529, of the Public Records of Indian River County, Florida, and by the Second Amendment to Facility Lease Agreement, dated on or about the date hereof, and which has been recorded in the Public Records of Indian River County, Florida prior to the recording of this Agreement(together,the"Facility Lease Agreement"); and C. WHEREAS, the City desires to lease from Dodgers, and Dodgers desire to lease to the City, the Parking Property, as defined in the Facility Lease Agreement; comprised of approximately 9.1297 acres used by Dodgers to provide public parking for spring training home games and other events held at the Facility,in accordance with the terms and conditions set forth in this Agreement. Pagel of 21 •1704559 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1961 PG: 978, 11/17/2005 04 :29 PMOQ- / � V /a //� �Qa PREPARED BY: RESERVED FOR USE BY Eric D. Rapkin,Esq. CLERK OF CIRCUIT COURT Akerman Senterfitt p 350 East Las Olas Boulevard,Suite 1600 do Ft. Lauderdale,Florida 33301 n ric D.Rapkin,Esq. o c kerman Senterfitt F' V ca ` 50 East Las Olas Boulevard,Suite 1600 5 Lou a et. Lauderdale, Florida 33301 � y m CC� DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (the"Declaration") is made this /161 day of 2005, by and between LOS ANGELES DODGERS LLC, a Delaware limited liability company (the"Dodgers"), and CITY OF VERO BEACH, a municipal corporation of the State of Florida(the"City"). WITNESSETH: WHEREAS`, Los Angeles Dodgers, Inc. and Vero Acquisition, LLLP executed that certain Collateral Development Agreement, dated as of August 29, 2001, and recorded in Official Records Book 1426, Page 0596, of the Public Records of Indian River County, Florida, which Collateral Development Agreement was consented to by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida(the"County");and WHEREAS, pursuant to the Asset Purchase Agreement entered into as of October 9, 2003, by and between Los Angeles Dodgers, Inc. and the Dodgers, the Dodgers succeeded to the interest of Los Angeles Dodgers, Inc.under the Collateral Development Agreement; and WHEREAS, the Collateral Development Agreement was amended.by that certain First Amendment to Collateral Development Agreement, dated as of June 24, 2004, and recorded in Official Records Book 1758, Page 0516, of the Public Records of Indian River County, Florida, between the Dodgers and Dodgertown Venture, LLLP, a Delaware limited liability limited partnership ("DVLLLP") (which had succeeded to the interest of Vero Acquisition, LLLP under the Collateral Development Agreement), which First Amendment to Collateral Development Agreement was consented to by the County; and WHEREAS, pursuant to that certain Special Warranty Deed from DT Commons, LLC ("DT Commons"), dated on or about the date hereof, and which has been recorded in the Public Records of Indian River County, Florida prior to the recording of this Declaration, the City is the fee simple owner of that certain portion of the Adjacent.Land (as defined in the Collateral Development Agreement) consisting of approximately 6.1328 acres, as more particularly described in Exhibit"A,"attached hereto and made a part hereof("Parcel IA");and (FT293957;1) ` 1704560 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1961 PG: 985, 11/17/2005 04 :29 PM 5 PREPARED BY: RESERVED FOR USE BY Eric D.Rapkin,Esq. CLERK OF CIRCUIT COURT Akerman Senterfitt q 350 East Las Olas'Boulevard,Suite 1600 040 Ft.Lauderdale,Florida 33301 k d d Eric D.Rapkin,Esq. o c x N Akerman Senterfitt w2 M 350 East Las Olas Boulevard,Suite 1600 B w ; u.Ft.Lauderdale,Florida 33301 t: =0 U p 1.01 mao S SECOND AMENDMENT TO COLLATERAL DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO COLLATERAL DEVELOPMENT AGREEMENT (the"Second Amendment") is made as of the r4th day of November , 2005, by and among LOS ANGELES DODGERS LLC, a Delaware limited liability company (the"Dodgers"), and CITY OF VERO BEACH, a municipal corporation of the State of Florida (the"City"), and DT COMMONS, LLC, a Florida limited liability company ("DT Commons") (the City and DT Commons shall hereinafter be referred to collectively as the "Developers"), and is consented to by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida(the"County"), as of the aforementioned date. WITNESSETH: a WHEREAS, Los Angeles Dodgers, Inc. and Vero Acquisition, LLLP executed that certain Collateral Development Agreement, dated as of August 29, 2001, and recorded in Official Records Book 1426, Page 0596, of the Public Records of Indian River County,Florida, which Collateral Development Agreement was consented to by the County; and WHEREAS, pursuant to the Asset Purchase Agreement entered into as of October 9, 2003, by and between Los Angeles Dodgers, Inc. and the Dodgers, the Dodgers succeeded to the interest of Los Angeles Dodgers,Inc.under the Collateral Development Agreement;and WHEREAS, the Collateral Development Agreement was amended by that certain First Amendment to Collateral Development Agreement, dated as of June 24, 2004, and recorded in Official Records Book 1758, Page 0516, of the Public Records of Indian River County, Florida, between the Dodgers and Dodgertown Venture,LLLP, a Delaware limited liability limited partnership("DVLLLP")(which had succeeded to the interest of Vero Acquisition,LLLP under the Collateral Development Agreement), which First Amendment to Collateral Development Agreement was consented to by the County (the Collateral Development Agreement and the First Amendment to Collateral Development Agreement are hereinafter collectively referred to as the "Collateral Development Agreement");and WHEREAS, pursuant to that certain Special Warranty.Deed dated as of July 28, 2004, and recorded.in Official Records Book 1765,Page 785, of the Public Records of Indian River County,Florida,between DVLLLP and DT Commons, DVLLLP conveyed to DT Commons an approximately 6.1328 acre portion of the Adjacent I FT288939;3} r —ba-0 1704562 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1961 PG: 1025, 11/17/2005 04:29 PM 0 026 : 5 D PREPARED BY: RESERVED FOR USE BY 00 Santiago Fernandez,Esq. CLERK OF CIRCUIT COURT Y, Senior Vice President&General Counsel O (�1 d Los Angeles Dodgers LLC o x 1000 Elysian Park Avenue Los Angeles,California 90012 ` X Eric D.Rapkin,Esq. N S o Akerman Senterfitt 350 East Las Olas Boulevard,Suite 1600 Ft.Lauderdale,Florida 33301 SECOND AMENDMENT TO FACILITY LEASE AGREEMENT This SECOND AMENDMENT TO FACILITY LEASE AGREEMENT ("Second Amendment') is made as of this t Ith day of November, 2005 (the "Effective Date"), by and it between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as the "County"), and LOS ANGELES DODGERS LLC, a Delaware limited liability company, as successor in interest to the assets of Los Angeles Dodgers, Inc., a Delaware corporation(hereinafter referred to as the"Dodgers"). RECITALS A. WHEREAS, the County owns the land and the baseball spring training facility and other improvements located at 4001 26th Street, Vero Beach, Florida 32960, and known generally as"Dodgertown"(the"Facility");and i r B. WHEREAS, Dodgers (as successor-in-interest to Los Angeles Dodgers, Inc., a Delaware corporation) operate the Facility pursuant to the Facility Lease Agreement entered into by and between Dodgers and the County as of September 1, 2000, and recorded in Official Records Book 1426, Page 0567, of the Public Records of Indian River County, Florida, as i amended by the First Amendment to Facility Lease Agreement, dated as of June 24, 2004, and recorded in Official Records Book 1758, Page 0529, of the Public Records of Indian River County,Florida(the"First Amendment'; and together,the"Facility Lease Agreement");and C. WHEREAS,the City of Vero Beach,Florida,a municipal corporation of the State of Florida(the"City")and Dodgers desire to enter into a lease agreement(the"Parking Property li Lease Agreement") whereby Dodgers will sublease to the City the Parking Property, as defined j9 ;j in the Facility Lease Agreement, comprised of approximately 9.1297 acres and as described more fully,in Exhibit A hereto, which Parking Property is used by Dodgers to provide public i {Fn§0806;2} Page 1 of 9 i