HomeMy WebLinkAbout2011-106IPARKING ESTOPPEL CERTIFICATE
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This Parking Estoppel Certificate ("Certificate") was executed as of June 1, 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 of the State of Florida (City").
In re: Maximum Capacity Parking at Dodgertown Facility Compliance with City Parking Codes
and Regulations.
NOW THEREFORE, in consideration of $10 and other good and valuable consideration, the
adequacy and receipt of which is hereby acknowledged, City and County make the following
joint acknowledgements, and City makes the following statements and representations to
County, with full knowledge that County will rely on such statements and representations in
closing and completing a property exchange transaction between City and County, as set forth
more fully in that certain Property Exchange Agreement, dated February 1, 2011 ("Exchange
Transaction"):
1. Joint Acknowledgments. City and County jointly acknowledge that (a) County owns a
61.75 acre parcel of real property located in Vero Beach, Florida, formerly known as
Dodgertown, which parcel is more fully described on Exhibit A attached hereto, (b) in the
Exchange Transaction, City will transfer to County an 11.93 acre parcel located south of
Holman Stadium, which parcel is more fully described on Exhibit B attached hereto (the
61.75 acre parcel and the 11.93 acre parcel are collectively referred to as the
"Dodgertown Facility"), (c) in the Exchange Transaction, County will transfer to City a
10.38 acre parcel located west of Holman Stadium, which parcel is more fully described
on Exhibit C attached hereto ("Parking Property"), (d) County has rights to park on the
Parking Property pursuant to the Parking Lease Agreement between the parties, but such
rights will be reduced to a revocable license pursuant to a Parking License Agreement to
be signed as part of the Exchange Transaction; (e) in the event that the license created by
the Parking License Agreement is in fact revoked by City, County, and its tenants and
successors, may be required to provide parking for Dodgertown Events (as defined
below) entirely within the Dodgertown Facility, including the areas historically used for
parking, the four (4) baseball practice fields and two (2) half baseball practice fields, and
other accessible and open areas suitable for parking ("Onsite Parking"), (f) before
agreeing to and closing the Exchange Transaction, County requires and will rely upon a
clear, irrevocable commitment from City, in the form of its statements and
representations below, that Onsite Parking for Dodgertown Events will meet and comply
with all City parking codes and regulations.
2. Statements and Representations by City. City states and represents to County that: (a)
City parking codes and regulations allow Onsite Parking for Dodgertown Events, (b)
Onsite Parking provides a sufficient number of parking spaces to comply with all City
parking codes and regulations for concurrent maximum use of the Dodgertown Facility,
including Holman Stadium, the clubhouse, the hotel, the conference center, the executive
offices and the various baseball fields ("Dodgertown Events"), and (c) to the extent that
City's parking codes and regulations may change in the future, the Dodgertown Facility
F. Amey AlanlD,dgen— Dwum—IPARKING ESTOPPEL CERTIFICATEdo Page 1 of 2
will be considered "grandfathered in" under the codes and regulations existing as of the
date of this estoppel certificate.
IN WITNESS WHEREOF, the parties have caused this Certificate to be executed in their
respective names as follows:
ATTEST: Jeffrey K. Barton,
Clerk of Court
By:G�
Deputy Clerk
AFFIX SEAL:
ATTEST:
� )t, nomLj Y, ) ') , —
Tammy K.c , City Clerk
AFFIX SEAL:
Approved as to form and legal sufficiency:
( 04WT ( -
Wayne Coment, Acting City Attorney
BOARD OF COUNTY
COMMISSIONERS,
INDIAN RIVER COUNTY ("County")
By:
_3w:�e,C7 A
Bob Solari, Chairman
Approved by BCC: May 3, 2011.
Approved as to form and legal
sufficiency:
By:
A n S. Pola wich,r., County Attorney
CITY OF VERO BEACH ("City")
— X�
Jay er, Mayor
Approved by CC: May 3, 2011
Approved as conforming to municipal
policy:
Mo e K. Falls, Interim City Manager
F:A—neyUlanlOodgert—DacumenUAMING ESTOPPEL CERTIFICATE.do Page 2 oft
EXHIBIT A
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A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
CON VIENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 33 SOUTH,
RANGE 39 EAST, PROCEED NORTH 89°45'39° WEST, A DISTANCE OF -1997.62 FEET TO A
POINT; THENCE SOUTH 04°15'11" WEST, A DISTANCE OF 30.07 FEET TO A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT DRIVE (A/K/A 34" AVENUE, A 90
FOOT RIGHT -OF -"WAY) SAID POINT BEING THE POINT OF BEGINNING; THENCE
CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 10036'49" WEST, A
DISTANCE OF 37.55 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE,
CONCAVE TO THE WEST, HAVING A RADIUS OF 1125,14 FEET AND A CENTRAL ANGLE
OF 09°30'08'; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 186.60 FEET;
THENCE SOUTH 20066'57" WEST, A DISTANCE OF 82.11 FEET TO THE POINT OF
CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF
1825.86 FEET AND A CENTRAL ANGLE OF 19°54'25"; THENCE SOUTH ALONG SAID
CURVE, A DISTANCE OF 634.38 FEET; THENCE SOUTH 0001232" WEST, ADISTANCE OF
55.06 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF INDIAN RIVER
FARMS DRAINAGE DISTRICT MAIN CANAL (300 FOOT RIGHT-OF-WAY); THENCE
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 69°22'53" WEST, A DISTANCE
OF 482.50 FEET; THENCE NORTH 15050'35" WEST, A DISTANCE OF 50.17 FEET TO A
POINT 50.00 FEET NORTH OF AFORESAID MAIN CANAL NORTH RIGHT-OF-WAY LINE;
THENCE SOUTH 69022'53" WEST ALONG SAID LINE PARALLEL AND 50.00 FEET NORTH
OF SAID MAIN CANAL NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1001.21 FEET;
THENCE NORTH 18015'26" WEST, A DISTANCE OF 386.46 FEET; THENCE NORTH
63°53'04" WEST, A DISTANCE OF 476.06 FEET; THENCE NORTH 89045'39" WEST, A
DISTANCE OF 414.56 FEET; THENCE NORTH 00°14'21" EAST, A DISTANCE OF 876.82
FEET TO A POINT 30..00 FEET SOUTHERLY OF THE NORTH LINE OF SECTION 3,
TOWNSHIP 33 SOUTH, RANGE 39 EAST; THENCE SOUTH 89045'39" EASTALONGA LINE
BEING 30.00 FEET SOUTHERLY OF AND PARALLEL WITH SAE? SECTION LINE, A
DISTANCE OF 2557.93 FEET TO THE POINT OF BEGINNING,
Property Description
Dodgertown
(#2010-20)
November 8, 2010
EXHIBIT "B"
PROPERTY DESCRIPTION
PORTIONS OF DODGERTOWN AND DODGERTOWN 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 00000'47" 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 43rd
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 00014'21" 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;
Thence from the Point of Beginning continue South 89045'39" 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 63053'04" 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 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 43`d Avenue and Aviation Boulevard
improvement projects as required. / -I v
David R. Gay, PSM
S \Property Descriptions\2010\2010-20_Dodgerlown Portions 8 3A_Nov 8 201 D.doc
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Property Description
Dodgertown
(#2010-20)
November 8, 2010
EXHIBIT "C"
PROPERTY DESCRIPTION
PORTIONS OF DODGERTOWN AND DODGERTOWN 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 89045'39" 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 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 3°32'27" 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 89045'39" 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 and Aviation Boulevard
improvement projects as required. ) •• .
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David R. Gay, PS #
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