HomeMy WebLinkAbout2011-106EZ-311
1335-
2011-104E
FIRST AMENDMENT TO PROPERTY EXCHANGE AGREEMENT
THIS FIRST AMENDMENT to that certain Property Exchange Agreement, dated as of
February 1, 2011, is made and entered into as of the 1st day of June, 2011 by and between
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 180127 1h Street, Vero
Beach, Florida 32960 ("County") and the CITY OF VERO BEACH, a municipality of the State
of Florida, 1053 20th Place, Vero Beach, Florida 32960 ("City") as follows:
WHEREAS, as of February 1, 2011, the County and the City entered into that certain
Property Exchange Agreement in which they agreed to exchange the Cloverleaf Property for the
Parking Property, ("Exchange Agreement"); and
WHEREAS, the parties desire to amend the Exchange Agreement, as set forth herein;
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties agree, as follows:
1. Recitals. The above recitations are true and correct and are incorporated herein.
2. Conveyance of Easements by the City. Paragraph 8 of the Exchange
Agreement is amended to read as follows (new language underlined):
The City shall convey to the County (a) an easement for drainage of stormwater from 43`d
Avenue in its future expanded condition across the remaining City Property to the
existing retention pond, (b) an easement for access and maintenance to the pump house,
pumps, and pipes at the southwest corner of the City Property to the existing retention
pond, and (c) an easement to locate on the City Property adjoining the Cloverleaf
Property up to 33.33% of the new retention pond to be constructed on the Cloverleaf
Property ("New Retention Pond"), and thereafter to use the portion of the New Retention
Pond located on the City Property (together with the portion located on the Cloverleaf
Property) for drainage, irrigation, stormwater retention and maintenance purposes related
to the Dodgertown property and the Cloverleaf Property. In addition, in the event that the
County is denied physical access to Dodgertown through both of the easements which are
believed to exist at the east and west ends of the DT Commons property, lig north of
Holman Stadium and north of the hotel/conference center, then the City shall convey to
the County an easement for ingress to and egress from Dodgertown over the City
Property. The parties shall cooperate in good faith to locate the easement in a manner
which provides reasonable access to Dodgertown but does not unreasonably interfere
with the City's use of the City Property. The easements described above shall be drafted
in such a manner, or shall be modified at the appropriate time, to apply to the New
Retention Pond, after such pond is constructed. To the extent that the easements
described herein are not completed and executed at the time of closing, the requirement
to execute and deliver such easements shall survive the closing.
3. Remaining Provisions. All remaining provisions of the Exchange Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF the County and the City has caused these presents to be executed in
their names, the day and year first above written.
Attest: Jeffrey K. Barton,
Clerk of Court
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY: BY:6 l •►�
Deputy Clerk Bob Solari, Chairman
BCC Approved: May 3, 2011
Approved: Approved as to form and legal sufficiency
By: By:
Joseph A. Baird Alan S. Polackwich, Sr.
County Administrator County Attorney
Attest: CITY OF VERO BEACH, FLORIDA
BY. i—�by:
Tammy Vock J am ,Mayor
City Clerk
Council Approved: May 3, 2011
Approved as conforming to
municipal policy:
By: 4ef�tA4 J1
onte Falls
Interim City Manager
Approved as to
W
and legal sufficiency:
CsL
Coment
City Attorney