HomeMy WebLinkAbout2011-106C21X7034
5`3�/ / THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RE:;ORDS
Prepared by, record and return to: 13. L? BK 2517 FG:582, Pagel of 6 OF INDIAN RIVER COUNTY FL
Office of the County Attorney
1801 27'h St., Vero Beach, FL 32960 2-0'/ • /0&/c
08%11 /2011 at 02:55 PM,
Telephone: 772.226.1424 JEFFREY K BARTON, CLERK OF
COURT
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT ("First
Amendment") is entered into as of the 1st day of June, 2011 by and between Indian River
County, a political subdivision of the State of Florida ("County") and the City of Vero Beach, a
municipal corporation organized under the laws of the State of Florida ("City").
WHEREAS, on September 1, 2000, County and City entered into that certain Interlocal
Agreement with respect to the Dodgertown Facilities and the Land as described therein
("Interlocal Agreement"), said Interlocal Agreement being recorded on September 12, 2000 in
O.R. Book 1353 at Page 0971 of the public records of Indian River County, Florida; and
WHEREAS, the Interlocal Agreement grants to City a certain percentage interest
(described in the Interlocal Agreement as 10.7%) in the Land and Facilities and the Sale
Proceeds, as set forth more fully therein; and
WHEREAS, County and City are about to enter into an exchange of real property
transaction in which County will receive the property described on Exhibit A attached hereto
("Cloverleaf Property"), and City will receive the property described on Exhibit B attached
hereto ("Parking Property"), both of which properties are adjacent to the Land; and
WHEREAS, County and City wish to make clear that, following the exchange of
properties, neither the Cloverleaf Property nor the Parking Property will be subject to the
Interlocal Agreement.
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, capitalized terms shall have the meaning
set forth in the Interlocal Agreement.
3. Exclusion from Interlocal Agreement. The parties (a) confirm that prior to the
exchange of properties contemplated above, neither the Cloverleaf Property nor the Parking
Property is included in the definition of "Facility," "Facilities" or "Land" as set forth in the
Interlocal Agreement, nor are said properties otherwise subject to the Interlocal Agreement, and
(b) agree that following the exchange of properties, neither the Cloverleaf Property nor the
Parking Property will be included in the definition of "Facility," "Facilities" or "Land" as set
F.UeornryUlanVDodgen—Docam IFIRSTAMENDMENT TO INTERLOCALAGREEMENT.dors Page
1 Oft
forth in the Interlocal Agreement, nor will said properties otherwise be subject to the Interlocal
Agreement.
4. Sale of Land and/or Facilities and Cloverleaf Property. In the event that
County sells the Land and/or Facilities in a simultaneous transaction with the sale of the
Cloverleaf Property, County and City shall negotiate in good faith a reasonable and fair
allocation of the total purchase price between the Land and Facilities and the Cloverleaf Property
so that City's percentage interest in the Land and Facilities and the Sale Proceeds is not unfairly
reduced or diminished.
5. 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 First Amendment to be
executed in their respective names as of the date set forth above.
ATTEST: Jeffrey K. Barton,
Clerk of Court
By:
Deputy Clerk
AFFIX SEAL::•' "'•�.''`ti
Rt•
f•
•
AFFIX SEAL:
Wayne
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY ("County")
Bob Solari,
Approved by BCC: May 3, 2011.
Approved as to form and legal sufficiency:
By:
Alan S.lackwich, Sr., County Attorney
CITY OF VERO BEACH (66City99)
LIM
Jay
Mayor
by CC: May 3, 2011
as to form and legal Approved as conforming to municipal policy:
;oment, Acting City Attorney Morhe K. Falls, Interini City Manager
PA411 rnyL41- .dg.n—D-..-u1F1RSTAMENDMENT TO INTERLOCAL A,"EEMENLd_ Page 2 of 2
Property Description
Dodgertown
(#2010-20)
November 8, 201D
EXHIBIT "A"
PROPERTY DESCRIPTION
PORTIONS OF DODGERTOWN AND DODGEkTOWN 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 corner of Dodgertown Parcel 3A as described in Official Record
Book 1961, Page 968 of the Public Records of Indian River County, Florida;
Thence South 89045'39" East along the North line of said Parcel 3A for a distance of 345.39 feet;
Thence South 00°14'21" West for a distance of 85.00 to a point on the North line of said Parcel 3A;
Thence continue South 89045'39" East along the North line of said Parcel 3A for a distance of
437.69 feet to the Point of Beginning;
Parcel 3A for a distance of 468.25 feet to the Northeast corner of Parcel 3A; Thence from the Point of Beginning continue South 89045'39" East along the North line of said
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 69°22'53" West for a distance of 898.97 feet;
Thence North 02°50'58" 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.
David
IFropeny Descrip[ion s\20 iD'i 0 i0-20_Dodgertowm Poriions i 3A_NDV 8 20-i0.doc.
Sheet 1 of 2
VPSS E-'. V
;;: °
`Say, PSM #59,73Q a U
0
S yFv t,J•.
4
cL
0
M
w
J
Q
U
!n
ZZ
O
N�
Il
W co
w
w
IS 10 � /A
0 0 0
m v
_
f
z
�A-9
N i
1
-----------------
co
w
0 0 0
m v
_
n n
z
d
Z
z
1
-----------------
W
Lo ^C)
1<0
Co
O
CN
�
F-
�Q
Irrm 3DrNnua
—.ice
mZ
I—
o)`'
cn
H
Z
o a
Ln
ro
co
w
0 0 0
m v
_
n n
.1
,7 in
Z
z
1
W
Lo ^C)
1<0
Co
O
CN
�
F-
�Q
mZ
I—
o)`'
cn
H
Z
o a
Ln
a.
0
re
E1
L
a
m
Z
gg5
61
b
J
d
00
A a
,
LLJ
mN 0
o
S. '0
Z
-r01'
t, toc
Zo
°p
¢
m
1
M.tt,tcros
sa�asr
M,I2,ILOpS
0
of
�
N a
W Imo-
\
0 U
x
n
§
_
c' uj
LU
9
8
o a
d 0
0
4 �
�
o
ofLLJ
0
pp�
n �!1
i(
a °
o
25
O
U
0
0 a-
oo`tss
U
~ U
d
o=
o m
S
ffi
o
¢
N M
cn a
c m
co rn
n w a
u
Ln
� �
7-- ---_
v�
----j
�.
311NJX1! 021fb � M,_Lb,00.005
w ,
U �
a
co
w
0 0 0
m v
_
n n
.1
,7 in
Z
z
I
0
W
Lo ^C)
1<0
Co
O
CN
�
F-
�Q
mZ
I—
o)`'
cn
w
m
Ln
a.
0
re
LLO
L
a
~
Z
u d
b
Y
A a
W
LLJ
O
a
S. '0
Z
z z
Zo
°p
¢
m
1
U
0
of
Vi
0 0 0
m v
_
n n
N n 2
U
I
0
Q
1<0
Co
O
CN
m
F-
Q
mZ
I—
0
0
re
0
L
a
�
0
o N
Q
Y
W
I—
S. '0
Z
z z
v
0
U
0
of
\
W Imo-
\
0 U
1
} 0
LU
Ii W
2.1)
d 0
0
0Z
`
ofLLJ
0
U
Q
w
0
0 a-
w
U
~ U
W Q
Y
V rn
5 o
0 0 0
m v
_
n n
U
o
Li
Co
m
Q
I—
0
L
O
Y
W
I—
V)
Y
0
_U
— O
m cn
-)
L
LL U
CC)
,J
r—
Z
LJ
z cn
of
w
0
Property Description
Dodgertown
(#2010-20)
November 8, 2010
EXHIBIT "B"
PROPERTY DESCRIPTION'
PORTIONS OF DODGERTOWN AND DODGER OWN PARCEL 2-A $ 1-C
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 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 89045'39" East along said South right-of-way for a distance of 288.78 feet to
the Northwest corner of Dodgertown Parcel 2A (also known as A Portion of Dodgertown Parcel 211) in
Official Record Book 1758, Page 523 of the Public Records of Indian River County, Florida),
being the Point of Beginning; said point also
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°14'21" East for a distance of 85.00 feet;
Thence North 89045'39" West for a distance of 35.00 feet;
Thence North 00014'21" 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 43rd Avenue
improvement projects as required.
1 11 --
David R. Gay, P
S: (Property Des criptions1201012010-20_Dodgertown Portions & 2A_Nov 8 2010.doc
Sheet 1 of 2
and Aviation Boulevard
0 do
04 Q.' o •i
�. .
C: Q t
J� o,Proress
--�----------------- 1 — -��!!10`S
3 y.,
N
\ i LLJ
`•
t Q U
o L) Q
pp} Q1
n^ p0 U ~ LaJ N m I
DC7 F- W
N Q ¢ a 2 d]
o a cD O
1 Wla �ZN w F' N�
J I o I 2 m _ Cl)¢S o
U I u u -� N 0 p D c w Yui
N vWi O M❑0 2 0 O
2 c\I O > a N
z p 13 o N
I
•Z8S �
U
I M„ tZ,b 1.005 Z
09 -j O O
---1 0- I
N
I
W w c\` I-� o� U Z
i c, Z O _..I m Z U a (n Z I
a IM N Z O °\C7 U O M� O phi Q LLJ Q O
I < !( W o��a a W� F LO�LO n
N cn O m r z N > Q W � F -Li o
3 fn \� o ��t- �\ 00 �? N m Qf LI
I O Q Y ZOO rn `-- Z d U
w H m\tr m 8 = 0 O O 1 W
7 Z N CLDL' Z\ O I!) _ O rri L� Cn
M
N 00\0 U moo Zm (1 U LL
cri ¢Lf O
NI r1pi' m Z r'] O^ C'7 Q
LU 13d \ o w O d Z
8 OO LS8 to
a U O
a I t m¢ 3., 2,V LOON o Z a m W U Qf
CD ° Y Q a
I w o L) c) ED (D � V) m
4 x Q
al o 0 c: m Y
n 1 N a a w cy m a p
Z m c? 0
` rn� `� m o nl O O v
o Ir ❑
N V O o O Y
O O oY O rp W m
O O � r('j N ,0 L✓ O
n m
-� — -- — 1 --- — _ ,.__ _ _ 6f-fC-CO 3NIl NOVO 153/d
_ n r 3n N3nd Q�i� '� r 6£ -Cf -00 3NIl N011335 ISV3 � I,1J _U Z
—— — — -- -- -- � _O
m --I
f I I O CC L I L
Z Ld
U r U > LL
I W = L I U V I
i
F l} U
olti I
o.(, �j CL
[,u I Y LSI
Ir= I O C)
LLnnF/
I Z U
-� sf o zz CL
Lel
D