HomeMy WebLinkAbout2011-106HPrepared by, record and return to:
Office of the County Attorney
180127 1h St., Vero Beach, FL 32960
Telephone: 7 72.226.1424
215701"
THIS DOCUMENT HAS BEEN
ZQ 1 1.10(o N RECORDED IN THE PUBLIC RE;,ORDS
5,3, OF INDIAN RIVER COUNTY FL
BK 2517 PG 565, Pagel of 3
13$
.R.. 08!11/2011 at 02:55 PM,
JEF7FREY K BARTON, CLERK OF
COURT
TERMINATION OF PARKING PROPERTY LEASE AGREEMENT
THIS TERrHNATION OF PARKING PROPERTY LEASE AGREEMENT ("Termination
Agreement") is entered into as of the 1 st day of June, 2011 by and between Indian River County,
a political subdivision of the State of Florida ("County"), the City of Vero Beach, a municipal
corporation organized under the laws of the State of Florida ("City"), and MiLB Vero Beach,
LLC, a Florida limited liability company ("MiLB").
Whereas, on November 17, 2005, Los Angeles Dodgers LLC, a Delaware limited liability
company ("Dodgers") and City entered into that certain Parking Property Lease Agreement,
recorded on said date in O.R. Book 1961, Page 1004, Public Records of Indian River County,
Florida ("Parking Lease"); and
Whereas, on February 19, 2008, Dodgers, County and City entered into that certain Third
Amendment to Facility Lease Agreement, recorded on March 17, 2008 in O.R. Book 2249, Page
2367, Public Records of Indian River County, Florida, which had the effect of terminating the
Facility Lease Agreement between Dodgers and County, dated September 1, 2000; and
Whereas, by reason of the termination of the Facility Lease Agreement, and more specifically,
pursuant to section 13.02 of the Parking Lease and section 3.02(f) of the Third Amendment to
Facility Lease Agreement, County assumed all rights and obligations of Dodgers in and to the
Parking Lease;
Whereas, MiLB may be considered a sub -lessor under the Parking Lease, by reason of section
6.05 of the Facility Lease Agreement between County and MiLB, dated May 1, 2009 and
recorded on June 1, 2009 in O.R. Book 2344, Page 1405, of the Public Records of Indian River
County, Florida; and
Whereas, City, County and MiLB now desire to terminate the Parking Lease,
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. Termination of Parking Lease. The Parking Lease is hereby terminated and declared to
be of no further force or effect; provided, however, that sections 9.01, 9.02 and 9.03
(relating to indemnification) shall survive the termination, but only as to any relevant
matter or claim arising or accruing prior to the effective date of this Termination
Agreement.
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3. Recordation. A copy of this Termination Agreement shall be recorded in the public
records of Indian River County, Florida.
IN WITNESS WHEREOF, the parties have caused this Termination Agreement to be executed
in their respective names as of the date set forth above.
ATTEST: Jeffrey K. Barton,
Clerk of Court
By: %ytQh.�-ate V A&
Deputy Clerk ly
AFFIX SEAL:
Approved as to form and legal
sufficiency:
BOARD OF COUNTY CONMUSSIONERS,
INDIAN RIVER COUNTY ("County")
By: 723 -C e
Bob Solari, Chairman
Approved by BCC: , 2011 .
Approved as to form and legal sufficiency:
By:
Alan S. Polackw Lch, Sr., County Attorney
CITY OF VERO BEACH ("City")
Jay Kr r, Mayor ' 1111,
Approved by CC. --J-*"* 2011
Approved as conforming to municipal policy:
Wayne Coment, ting City Attorney Monte K. Falls, Interim City Manager
Ac
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ATTEST:
.D, C4 (��-
D. Scott Poley, Secretary
CORPORATE SEAL
STATE OF FLORIDA
COUNTY OF P f nP l la S
MiLB VERO BEACH, LLC, a Florida
limited liability company ("MiLB")
By: The National Association of
of Professional Baseball Leagues, Inc.,
as Wanaaine Member
Pat O'Conner, President
The foregoing instrument was acknowledged before me this 5 ( day of MM ,
201 11 by PAT O'CONNER, as President, and attested by D. Scott Poley, as Secretary, of The
National Association of Professional Baseball Leagues, Inc., as Managing Member of MiLB
VERO BEACH, LLC, a Florida limited liability company, 10 who are personally known to me,
or O who have produced , as
identification, and who did not take an oath.
p4 ip`e� SANDRA M. N VE]FlWlda
Notary Public - $tab o/r My Comm. Expires Aug ajJ. Commission # DD $7$ondgd Tkeep Nell" No
NOTARY PUBLIC, State of
Sign:
Print:
State of Fl ida SEAL]
Commissi No: D O 8 Z g i.3
Commission Expires: I i 2j0 19
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