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DODGERTOWN LAND SWAP TRANSACTION
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
and
CITY OF VERO BEACH, FLORIDA
(Swap of Cloverleaf Property and Parking Property)
June 1, 2011
INDEX TO CLOSING DOCUMENTS
TAB DOCUMENT DESCRIPTION
1. Property Exchange Agreement, between Indian River County and the City of Vero Beach,
dated as of February 1, 2011
2. First Amendment to Property Exchange Agreement, between Indian River County and the
City of Vero Beach, dated as of June 1, 2011
3. County Deed, Indian River County to the City of Vero Beach, dated as of June 1, 2011, and
- recorded at O.R. Book 2517, page 547, Public Records of Indian River County, Florida
4. City Deed, the City of Vero Beach to Indian River County, dated as of June 1, 2011, and
recorded at O.R. Book 2517, page 551, Public Records of Indian River County, Florida
5. First Amendment to Declaration of Covenants, Conditions, and Restrictions, between Indian
River County and the City of Vero Beach, dated as of June 1, 2011, and recorded at O.R. Book
2517, page 559, Public Records of Indian River County, Florida
6. Indian River County Resolution 2011-034, entitled "A Resolution of the Board of County
Commissioners of Indian River County Giving Prior Consent to the Development of the
Cloverleaf Property for Purposes other than the "Permitted Use" as set forth in the Collateral
Development Agreement," and recorded at O.R. Book 2517, page 555, Public Records of Indian
River County, Florida
7. Termination of Parking Property Lease Agreement, among Indian River County, the City of
Vero Beach and MiLB Vero Beach, LLC, dated as of June 1, 2011, and recorded at O.R. Book
2517, page 565, Public Records of Indian River County, Florida
8. Parking License Agreement, between Indian River County and the City of Vero Beach, dated as
of June 1, 2011, and recorded at O.R. Book 2517, page 568, Public Records of Indian River
County, Florida
9. Parking Estoppel Certificate, between Indian River County and the City of Vero Beach, dated
as of June 1, 2011
10. First Amendment to Interlocal Agreement, between Indian River County and the City of Vero
Beach, dated as of June 1, 2011, and recorded at O.R. Book 2517, page 582, Public Records of
Indian River County, Florida
- 11. First Amendment to Facility Lease Agreement, between Indian River County and the City of
Vero Beach, dated as of June 1, 2011, and recorded at O.R. Book 2517, page 588, Public Records
of Indian River County, Florida
12. Consent and Waiver by MiLB Vero Beach, LLC and National Association of Professional
Baseball Leagues, Inc. to Agreements, dated as of June 1, 2011
13. Seller's (No Lien) Affidavit from County, dated July 11, 2011
14. Seller's (No Lien) Affidavit from City, dated June 22, 2011
15. Title Insurance Policy, Old Republic National Title Insurance Company Owner's (Indian River
County) Title Insurance Policy No. OXFL-08033519, covering portions of Dodgertown and
Dodgertown Parcel 3-A.
F. UsrorneylLlndaIGENERALIPROPERTIESIVem Sports VillagelCOVBErcbangellmde (Closing Docomenis).doc
PROPERTY EXCHANGE AGREEMENT
THIS AGREEMENT to exchange real property ("Agreement") is made and entered into
as of the 1st day of _February , 2011 by and between INDIAN RIVER COUNTY,
a political subdivision of the State of Florida, 1801 27d' Street, Vero Beach, Florida 32960
("County") and the CITY OF VERO BEACH, a municipality of the State of Florida, 1053 201'
Place, Vero Beach, Florida 32960 ("City") as follows:
WHEREAS, in August 2001, the County purchased the property formerly known as
Dodgertown, now known as the Vero Beach Sports Village, a 61.75 acre site that was the former
spring training location of the Los Angeles Dodgers ("Dodgertown"); and
WHEREAS, in June 2004, the County acquired a 9.13 acre parcel of property located to
the west and south of Holman Stadium ("County Property"); and
WHEREAS, in November 2005, the City purchased two parcels of property that made
up a portion of the old Dodgertown nine hole golf course: a 30.87 acre tract lying at the northeast
corner of 43rd Avenue and the Main Relief Canal together with a 6.13 acre parcel lying at the
southeast corner of 43rd Avenue and 26d' Street ("City Property"); and
WHEREAS, the parties have identified portions of the aforesaid properties which they
desire to exchange: (a) an 11.93 acre parcel in the southeast portion of the City Property, which
parcel is more fully described on Exhibit A attached hereto ("Cloverleaf Property"), and (b) a
10.38 acre parcel consisting of 8.53 acres of the County Property and 1.85 acres of the
Dodgertown property located immediately east and adjacent to the aforesaid 8.53 acres, which
parcel is more fully described on Exhibit B attached hereto ("Parking Property"); and
WHEREAS, the County agrees to transfer the Parking Property to the City, and the City
agrees to transfer the Cloverleaf Property to the County, subject to the terms and conditions set
forth below; and
WHEREAS, the exchange is made by the County pursuant to section 125.37, Florida
Statutes, and by the City pursuant to section 2-372 of the Code of Ordinances of the City of Vero
Beach, and has been advertised by each party once a week for two consecutive weeks in the Vero
Beach Press Journal,
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties agree, as follows:
Recitals. The above recitations are true and correct and are incorporated herein.
2. Exhibits. All Exhibits attached to this Agreement are incorporated into the
Agreement.
— 3. Exchange of Properties The County shall convey the Parking Property to the
City by Special Warranty Deed, and the City shall convey the Cloverleaf Property to the County
by Special Warranty Deed.
4. Deed Restrictions. The parties shall amend the Declaration of Covenants,
Conditions, and Restrictions recorded at OR Book 1961, Page 978, Public Records of Indian
River County, Florida ("Declaration") (all OR Book and Page references hereafter shall refer to
the Public Records of Indian River County, Florida), to (i) remove the Cloverleaf Property from
the Declaration, and (ii) include the Parking Property in the Declaration. Additionally, at the
election of the County, either the parties shall amend the Collateral Development Agreement
recorded at OR Book 1426, Page 596, to remove the Cloverleaf Property from the definition of
"Adjacent Property" and include such property within the definition of `Baseball Facilities," or
the County shall adopt a resolution or other unilateral document permitting the Cloverleaf
Property to be used for a cloverleaf of youth or softball dimension baseball fields and related
activities, or for any other purpose consistent with the definition of "Baseball Facilities";
provided, however, that nothing contained herein, or in the resolution or other unilateral
document shall be interpreted to restrict in any way the County's right, as set forth in the
Collateral Development Agreement, to permit any other use on the Cloverleaf Property.
5. Parking. The parties shall (a) terminate the Parking Property Lease Agreement
recorded at OR Book 1961, Page 1004, and (b) enter into. a Parking License Agreement with
respect to the Parking Property and two other parcels of property owned by the City and located
to the north of Dodgertown, consisting of a 3.3 acre site north of 26t1' Street and north of Holman
Stadium, and a 4.6 acre site north of 26th Street and east of Holman Stadium.
6. Parking Certification. The City shall certify to the County that parking in
compliance with all City parking codes and regulations for maximum capacity events at
Dodgertown exists onsite 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, open areas suitable for parking within the facility.
7. Interlocal Agreement. The parties shall amend the Interlocal Agreement
recorded at OR Book 1353, Page 971 to make clear that neither the Cloverleaf Property nor the
Parking Property shall be subject to such agreement.
8. Conveyance of Easements by the City. The City shall convey to the County (a)
an easement for drainage of stormwater from 43r 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. 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.
9. Conveyance of Easements by the County. The County shall convey to the City
(a) an easement to use the existing retention pond, including the related pump house and pump,
for drainage, stormwater retention and irrigation purposes relating to those parcels that make up
the remaining City Property and the Parking Property, and (b) an easement to use the existing
retention pond, including the related pump house and pump, for drainage of stormwater from
- 26''' Street in its future expanded condition. 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
(including the portion of such pond constructed on the Cloverleaf Property), 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.
10. Conditions to Closing. The closing of the exchange shall be conditioned upon
the occurrence of each and every of the following conditions:
a) The preparation of final transaction documents implementing the provisions of
this agreement;
b) The execution and delivery by MiLB Vero Beach, LLC and National Association
of Baseball Leagues, Inc. of a First Amendment to Facility Lease Agreement, a
Consent and Waiver to certain of the final transaction documents, and a
Termination of Parking Property Lease Agreement;
c) The execution and delivery by DT Commons, LLC of a Third Amendment to
Collateral Development Agreement or, if acceptable to the County, the adoption
of a Resolution by the County permitting the use of the Cloverleaf Property for
purposes other than the "Permitted Use" as defined in the Collateral Development
Agreement;
d) Title information and insurance reasonably acceptable to the recipient of each of
the exchanged parcels, including no lien affidavits at closing. Such title
information and insurance shall be at the sole cost of the party requesting such
information and insurance;
e) Satisfactory environmental assessments, studies or analyses, as required by either
party. Such assessments, studies or analyses shall be at the sole cost of the party
requesting such items;
f) Other closing documents reasonably required by either party;
g) Compliance by the County with section 125.37, Florida Statutes, and by the City
with section 2-372 of the Code of Ordinances of the City of Vero Beach;
h) All of the above shall be in form and substance acceptable to the City Council and
the County Commission, and their respective staffs.
11. Closing. Each party agrees to proceed with due diligence to close the transaction
as soon as reasonably possible. Each party shall pay its own closing costs and recording fees.
12. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
— in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from yo%r county health department.
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
M I ME�MINW
Deputy Clerk
Approved:
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By.
Jose A. Baird
County Administrator
Attest:
fes• CL,.oe wa &,&.
ob Solari, Chairman
Approved: February 3 , 9011
as to form and legal sufficiency
By: S
Alan S. Polackwich, Sr.
County Attorney
CITY OF VERO BEACH, FLORIDA
BY: JWYWMUy
Tammy . ock
City Clerk
Council Approved:
Approved as conforming to
municipal poli y:
By:
Monte Fa is
Interim City Manager
-K
P911ramer, Mayor
Approved as to form and legal sufficiency:
By:
Chaff e Vitunac SS7•
City omey
Property Description
Dodgertown
(#2010-20)
November 8, 2010
EXHIBIT "A"
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 00°00'47" West along the West line of said Section 3 for a distance of 887.01 feet;
Thence South 89°45'39" 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 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;
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 02050'58" 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 venue and
improvement projects as required.
David R. Gay, PSM #5
SAProperty Descriptions\2010\2010-20_Dodgertown Portions & 3A—Nov 8 2010.doc
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Property Description
Dodgertown
(#2010-20)
November 8, 2010
EXHIBIT "B"
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 332'27" 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
improvement projects as required.
for the 43rd Avenue and Aviation Boulevard
'l «
aa" of "of
4
David R. Gay, PSM
� 1411 1&
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SAProperty Descriptions\2010\2010-20_Dodgertown Portions & 2A—Nov 8 2010.doc •+�'•�.,.,,,,,,.
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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, 1801 27th Street, Vero
Beach, Florida 32960 ("County") and the CITY OF VERO BEACH, a municipality of the State
of Florida, 1053 20d' 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 43rd
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, lying 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
BY:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY: C� .fd�
Bob Solari, Chairman
BCC Approved: May 3, 2011
Approved: Approved as to form and legal sufficiency
By: By: _ f
Joseph A. Baird Alan S. Polackwich, Sr.
County Administrator County Attorney
Attest: CITY OF VERO BEACH, FLORIDA
- BY:jjaly:
Tammy. VockJ amer, Mayor
City Clerk
Council Approved: May 3, 2011
Approved as conforming to
municio
oli—Fa—lVs
By:
te
Interim City Manager
Approved as to form and legal sufficiency:
By:
e Coment
At g City Attorney
This document was prepared
by and should be returned to:
Indian River County Attorney's Office
1801 27th Street
— Vero Beach, FL 32960
COUNTY DEED
INDIAN RIVER COUNTY, FLORIDA
2157028
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK2517 PG:547, Pagel of 4
0- 1'2011 at 02:55 PM, D DOCTA7, PD
S&-0
JEFFREY K BARTON, CLERK OF
COURT
THIS DEED, made as of this 1st day of June, 2011, between INDIAN RIVER COUNTY,
FLORIDA, a political subdivision of the State of Florida, whose address is 1801
27th Street, Vero Beach, Florida 32960 ("GRANTOR"), and CITY OF VERO BEACH, a
Florida municipal corporation, whose address is 1053 20th Place, Vero Beach, FL
32960 ("GRANTEE"),
- GRANTOR, for and in consideration of the sum of Ten Dollars, and other good
and valuable consideration, to it in hand paid by GRANTEE, receipt of which is hereby
acknowledged, has granted, bargained, and sold to GRANTEE, its heirs and assigns
forever, the following described lands lying and being in Indian River County, Florida:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
[PARKING PARCEL]
Said property shall be subject to that certain Declaration of Covenants, Conditions and
Restrictions, recorded at OR Book 1961, Page 978, Public Records of Indian River
County, Florida, as modified by that certain First Amendment to Declaration of
Covenants, Conditions and Restrictions executed and recorded by the parties
concurrently with this Deed.
IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed
in its name by its Board of County Commissioners, acting by the Chairman of said
Board, the day and year set forth above.
INDIAN RIVER COUNTY, FLORIDA
By its Board of County Commissioners
Attest: J.K. Barton, Clerk �,ox BY E! r� BY QJm,,4 .
Deputy Clerk Bob Solari, Chairman
(Official Seal)
Approved as to form and
legal sufficiency-
Alan S. Polackwich, Sr.
County Attorney
BCC approved: May 3, 2011
ACCEPTANCE OF CONVEYANCE
The foregoing conveyance from Indian River County, Florida is hereby accepted
by the ,City of Vero Beach, Florida, as evidenced by the signature of the undersigned,
wkaas�s authorized to accept this conveyance.
Y� r
[CITY SEAL]
Approved as to form and legal sufficiency
a,14
Wayr10 R. Coment
Actin City Attorney
CITY OF VERO
Jay
Date: 19— a o@ — /)
Approved by CC: May 3, 2011
Approved as conforming to municipal
policy:
4zxikle- d4k
Morffe K. Falls
Interim City Manager
Property Description
Dodgertown
(#2010-20)
November 8. 2010
EXHIBIT "A"
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 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 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 00°14'21" 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 43`d Avenue and Aviation Boulevard
improvement projects as required.
C' ..o,, 4
David R. Gay, PSM #5S n
SAProperty Descriptions\201M2010-20_Dodgertown Portions & 2A Nov 82010.doc '0pto ..fCss.O"\�\
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Parcel Exchange VBSV
Instrument prepared by and should be
returned to the County Attorney's Office
1801 27`" Street, Vero Beach, FL 32960
CITY DEED
VERO BEACH, FLORIDA
2157029
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2517 PG 551, Pagel of 4
78:11;2011 at 02:55 PM, D DOCTAX PD
$070
JCl i RL'( \BAR—TON, CLERK OF
COURT
THIS DEED, made as of this 1st day of June, 2011, between the CITY OF VERO BEACH,
a Florida municipal corporation, whose address is 1053 20th Place, Vero Beach, FL
32960 ("GRANTOR"), and Indian River County, a political subdivision of the State of
- Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 ("GRANTEE"),
GRANTOR, for and in consideration of the sum of Ten Dollars, and other good and
valuable consideration, to it in hand paid by GRANTEE, receipt of which is hereby
acknowledged, has granted, bargained, and sold to GRANTEE, its heirs and assigns
forever, the following described lands lying and being in Indian River County, Florida:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
[CLOVERLEAF PARCEL]
IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed in its
name by its City Council, acting by the Mayor of said Council, the day and year set forth
-- above.
CITY OF VERO BEACH, FLORIDA
By its City Cqmqcy
er, Mayor
CC Approval date: ,
Z'I 20 i
-T
Waynq/Qpment, Acting City Attorney
ACCEPTANCE OF CONVEYANCE
The foregoing conveyance from the City of Vero Beach, Florida is hereby accepted
by the Indian River County, Florida, as evidenced by the signature of the undersigned, who
is authorized to accept this conveyance.
INDIAN RIVER COUNTY, FLORIDA
By its Board of County Commissioners
Attest: J.K. Barton, Clerk
By ABy
Deputy Clerk Bob Solari, Chairman
(Official Seal) BCC approved: May 3, 2011
Approved as to form and
legal sufficiency:
Alan S. PolacWtich, Sr.
County Attorney
Property Description
Dodgertown
(#2010-20)
November 8, 2010
EXHIBIT "A"
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 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 02050'58" 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"Mig'tift poulevard
improvement projects as required.
A%
•4ti g Or
0 W
J
David R. Gay, PSM
��ro 4protee��°o
S:\Property Description s\201 012010-20_Dodgertown Portions & 3A—Nov 8 2010.doc
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N1
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2517 PG:559, Pagel of 6
Prepared by, record and return to: 08/11/2011 at 02:55 PM,
Office of the County Attorney
`h JEFFREY K BARTON, CLERK Of
180127 St., Vero Beach, FL 32960 COURT
Telephone: 772.226.1424
FIRST AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS ("First Amendment") 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 ("County") and the City of Vero Beach, a municipal corporation organized under
the laws of the State of Florida ("City").
WHEREAS, on November 17, 2005, Los Angeles Dodgers LLC, a Delaware limited
liability company ("Dodgers") and City entered into that certain Declaration of Covenants,
Conditions, and Restrictions, recorded at OR Book 1961, Page 978, Public Records of Indian
River County, Florida ("Declaration"); and
WHEREAS, on February 19, 2008, Dodgers and County entered into that certain Third
Amendment to Facility Lease Agreement in which, inter alia, County succeeded to the interest of
Dodgers in and to the Declaration, such that the current parties to the Declaration are County and
City; and
WHEREAS, County and City are now the sole parties of interest with respect to the
Declaration, and desire to amend the Declaration as set forth herein,
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. Amendment to Declaration. The Declaration is hereby amended, as follows:
(a) the real property described on Exhibit A attached hereto (Cloverleaf Property) is removed
from the Declaration and is no longer subject to any covenants, conditions or restrictions set
forth therein, and (b) the real property described on Exhibit B attached hereto (Parking Property)
is added to the property subject to the Declaration, such that the real property described on
Exhibit B attached hereto shall hereafter be subject to all covenants, conditions and restrictions
set forth therein.
3. Remaining Terms. All remaining terms and conditions of the Declaration not
amended herein shall remain in full force and effect.
4. Recordation. A copy of this First Amendment shall be recorded in the Public
Records of Indian River County, Florida.
FA0—yWanlDodgenown D000me Is FIW AMENDMENT TO DECORATION OF COVENANn d— Page I of 2
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:
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY ("County")
M.
0.
Bob Solari, Chairman 1*
Approved by BCC: May 3, 2011.
Approved as to form and legal sufficiency:
By: S
A an S. Polack h, Sr.
-- County Attorney
'TEST.
�' ii l3ry
Tammy. V
✓ `�,
Clerk
Approved as to form and legal
sufficiency:
Way rityAttomey t
Actin
CITY OF VERO BEACH ("City")
By: 1;4
J amer, Mayor
Approved by CC: May 3, 2011
Approved as conforming to municipal
policy:
,Af,,AL4A
M me K. Falls
Interim City Manager
F:I4tmmryU/on1Dodger1—DocuinenatFIRSTAMENDM£NT TO DECLARATION OF COVENANTS.d= Page 2 of t
Property Description
Dodgertown
(#2010-20)
November 8, 2010
EXHIBIT "A"
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 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 89°45'39" 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;
Thence from the Point of Beginning continue South 89°45'39" 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 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 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" Avenue and Aviation Boulevard
improvement projects as required.
David R. Gay, PSM #5
SAProperty Descriptions',2101012010-20_Dodgertown Portions & 3A—Nov 8 2010.doc
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Property Description
Dodgertown
(#2010-20)
November 8, 2010
EXHIBIT "B"
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 00°00'47" 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 89°45'39" 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 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 and Aviation Boulevard
improvement projects as required. ....
David R. Gay, PS #5
)
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S:1Property Descriptions1201012010-20_Dodgertown Portions & 2A_Nov 8 2010.doc ProrCeS
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D
COUNTYATTORNEY'S OFFICE
INDIAN RNER COUNTY
1801 27th Street
Vero Beach, Florida 32960
RESOLUTION 2011- 0 3 4
+vav
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2517 PG:555, Pagel of 4
08/11/2011 at 02:55 PM,
FFREY K BARTON, CLERK OF
COURT
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY GIVING PRIOR CONSENT TO THE
DEVELOPMENT OF THE CLOVERLEAF PROPERTY FOR PURPOSES
OTHER THAN THE "PERMITTED USE" AS SET FORTH IN THE
COLLATERAL DEVELOPMENT AGREEMENT
WHEREAS, Los Angeles Dodgers, Inc. and Vero Acquisitions, LLLP, entered into that
certain Collateral Development Agreement, dated August 29, 2001 and recorded at OR Book
1426 Page 0596, Public Records of Indian River County, Florida ("Original Collateral
Development Agreement") (all OR Book and Page references hereafter shall refer to the Public
Records of Indian River County, Florida), which was amended by that certain First Amendment
to Collateral Development Agreement, between Los Angeles Dodgers, LLC and Dodgertown
Venture LLLP, dated June 24, 2004 and recorded at OR Book 1758 Page 0516 ("First
Amendment"), and was further amended by that certain Second Amendment to Collateral
Development Agreement, among Los Angeles Dodgers, LLC, the City of Vero Beach, a
municipal corporation of the State of Florida ("City") and DT Commons, LLC, dated November
17, 2005 and recorded at OR Book 1961 Page 0985 ("Second Amendment") (the Original
Collateral Development Agreement, First Amendment and Second Amendment collectively
"Collateral Development Agreement"); and
WHEREAS, the Collateral Development Agreement establishes certain rights,
responsibilities and restrictions with respect to the Adjacent Property, as defined therein; and
WHEREAS, the Adjacent Property includes the property described on Exhibit A
attached hereto ("Cloverleaf Property"); and
- WHEREAS, section 3 of the Second Amendment provides, as follows:
"Notwithstanding anything to the contrary contained in the Collateral Development Agreement,
the City, at its sole cost and expense, shall develop the City Property solely as (i) a municipally -
owned, public golf course, or (ii) green space, or (iii) a park -like setting or (iv) any combination
of the foregoing three uses (the "Permitted Use"). The City shall not develop and/or permit the
use of the City Property for any other use or purpose whatsoever without the prior written
consent of both the Dodgers and the County, which consent may be granted or denied by either
the Dodgers or the County in the exercise of their respective sole and absolute discretion"; and
WHEREAS, the County, Los Angeles Dodgers, LLC and the City entered into that
certain Third Amendment to Facility Lease Agreement, dated February 19, 2008 and recorded at
OR Book 2249 Page 2367, which provides in section 3.02(b): "Because the Collateral
Development Agreement constitutes covenants running with the land, the County shall
automatically and without further instrument succeed to the interest of the Dodgers in and to the
Collateral Development Agreement"; and
WHEREAS, as a result of the aforesaid transactions, the County is the sole party
authorized to give prior written consent to the City, or to its successors in interest, to use the
Cloverleaf Property for any use or purpose other than a Permitted Use (as described in the
Second Amendment); and
FA4,1 eyUlanlDndg,m—D-...TIWRITTENCONSENTRESOLUTIONdocs Page 1 of 2
RESOLUTION 2011- 034
WHEREAS, the County and the City are about to undertake a transaction in which, inter
alia, (i) the City will transfer the Cloverleaf Property to the County, and (ii) the County intends
to develop the Cloverleaf Property as a cloverleaf of four youth or softball dimension baseball
fields, and related facilities ("Baseball Fields"),
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT
- In accordance with and pursuant to the Collateral Development Agreement, specifically
section 3 of the Second Amendment, the County hereby gives its written consent to the City, and
to any successor of the City, including, without limitation, the County, to develop the Cloverleaf
Property for (i) Baseball Fields, or (ii) any other purpose consistent with the purposes of the
Baseball Facilities, as defined in the Collateral Development Agreement.
The foregoing resolution was moved for adoption by Commissioner Davis
and seconded by Commissioner whpp 1 pr
and upon being put to a vote, the vote as follows:
Chairman Bob Solari Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Wesley S. Davis Ave
- Commissioner Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan -Zye
The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of
May, 2011.
ATTEST: Jeffrey K. Barton
Clerk of Court
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
Approved as to form and legal sufficiency.
By:
Alan S. Polackwich, Sr., County Attorney
F:WII—Y I-Dodgert—Dmummub WRITTENCONSENTRESOLUrION.d-c Page 2 of 2
Property Description
Dodgertown
(#2010-20)
November 8, 2010
EXHIBIT "A"
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 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;
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 02050'58" 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. r
cjj
O<
David R. Gay, PSM #59134-',6:
SAProperty Descriptions1201012010-20_Dodgertown Portions $ 3A Nov 8 2010.doc �' prO�Ossio�1•,,•'•.
Sheet 1 of 2
THIS TERNIINATION 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.
C:IU--tLpo(ryUppD.I VoL—Wieroa filWlnd.-IT,.pamry 1--i Fj1,,0LKC8FJ12`ERA/NATION OF PARKING PROPERTY LEAS£AGREEWEN:dou Page 1 of 3
2157032
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
Prepared by, record and return to:
OF INDIAN RIVER COUNTY FL
Office of the County Attorney
BK: 2517 PG:565, Pagel of 3
08/11,/2011 at 02:55 PM,
1801 27`x' St., Vero Beach, FL 32960
Telephone: 772.226.1424
JEFFREY K BARTON, CLERK 01=
COURT
TERMINATION OF PARKING PROPERTY LEASE AGREEMENT
THIS TERNIINATION 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.
C:IU--tLpo(ryUppD.I VoL—Wieroa filWlnd.-IT,.pamry 1--i Fj1,,0LKC8FJ12`ERA/NATION OF PARKING PROPERTY LEAS£AGREEWEN:dou Page 1 of 3
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: %ahs S/.
Deputy Clerk
AFFIX SEAL:
Clerk
Approved as to form and legal
sufficiency:
BOARD OF COUNTY COM11/IISSIONERS,
INDIAN RIVER COUNTY ("County")
By:
Bob Solari, Chairman
Approved by BCC: , 2011 .
Approved as to form and legal sufficiency:
By:
Alan S. Polackw ch, Sr., County Attorney
CITY OF VERO BEACH ("City")
Jay Kr r, Mayor
Approved by CC.� � , , 2011
Approved as conforming to municipal policy:
_ czar
Wayne Coment, Acting City Attorney Monte K. Falls, Interim City Manager
Cl UrenbpoleyUppDamlLwalWicrooftlWiadow.ITemp.—y1 —iR1,, OLKCBFSITERNINATION OF PARKING PROPFR77 LEASEAGREEM£NT.d— Page 2 of
F:.
F I
bq
�;
Clerk
Approved as to form and legal
sufficiency:
BOARD OF COUNTY COM11/IISSIONERS,
INDIAN RIVER COUNTY ("County")
By:
Bob Solari, Chairman
Approved by BCC: , 2011 .
Approved as to form and legal sufficiency:
By:
Alan S. Polackw ch, Sr., County Attorney
CITY OF VERO BEACH ("City")
Jay Kr r, Mayor
Approved by CC.� � , , 2011
Approved as conforming to municipal policy:
_ czar
Wayne Coment, Acting City Attorney Monte K. Falls, Interim City Manager
Cl UrenbpoleyUppDamlLwalWicrooftlWiadow.ITemp.—y1 —iR1,, OLKCBFSITERNINATION OF PARKING PROPFR77 LEASEAGREEM£NT.d— Page 2 of
ATTEST:
D' <:�/; 'v—
D. Scott Poley, Secretary
CORPORATE SEAL
STATE OF FLORIDA
COUNTY OF
MiLB VERO BEACH, LLC, a Florida
limited liability company ("MiLB")
By: The National Association of
of Professional Baseball Leagues, Inc.,
as Managing Member
Pat O'Conner, President
The foregoing instrument was acknowledged before me this 3 ( day of MM
201 1, 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 'of
VERO BEACH, LLC, a Florida limited liability company, W who are personally known to me,
or O who have produced , as
identification, and who did not take an oath.
NOTARY PUBLIC, State of Florid
o,
SANDRA M. HEBERT
`Pni Notary Public - Stab of Florida
My Comm. Expires Auq 1, 2013
����� CommNsfon DD 878473 Sign:
Bonded TMorgh National Notary Asan. Print:
State of F1 ida SEAL]
Commissi No: DDS $ ` - 73
Commission Expires:
C:IUen1,po%yWppD.I.IL IMI. .flIWl.lows'Te'rkmmrylnle—"esOL"F5ITF.RNINATIONOFPARKINGPROPERTYLEASEAGREFMENTdo Page 3 of
2157033
THIS DOCUMENT HAS BEEN
Prepared by, record and return to: RECORDED IN THE PUBLIC RECORDSOF INDIAN RIVER COUNTY FL
Office of the County Attorney BK: 2517 PG:568, Paget of 14
1801 27t'' St., Vero Beach, FL 32960 08/11/2011 at 02 55 PM,
Telephone: 772.226.1424 JEFFREY K BARTON, CLERK OF
COURT
PARKING LICENSE AGREEMENT
THIS AGREEMENT 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, City owns, or will own through transactions completed simultaneously with
the execution of this Agreement, certain parcels of real property located in the vicinity of the
Dodgertown Facility; and
WHEREAS, City is willing to provide a license to County to use such parcels of real
property for parking related to the Dodgertown Facility, as set forth herein.
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:
L Recitals. The above recitals are true and correct and are incorporated herein.
2. Definitions. The following terms shall have the following meanings:
a. License Area A shall mean real property consisting of approximately
10.38 acres located immediately west of Holman Stadium, more fully described on
Exhibit A attached hereto;
b. License Area B shall mean real property consisting of approximately 3.3
acres located north of 266 Street and north of License Area A, more fully described on
Exhibit A attached hereto;
C. License Area C shall mean real property consisting of approximately 4.6
acres located north of 26`x' Street and east of License Area B, more fully described on
Exhibit A attached hereto;
d. License Area shall mean one or more of License Area A, License Area B
or License Area C, and License Areas shall mean collectively License Area A, License
Area B and License Area C;
Page I of 5
e. Cloverleaf Property shall mean the real property consisting of
approximately 11.93 acres located south of Holman Stadium, more fully described on
Exhibit B attached hereto;
f. Dodgertown Facility shall mean collectively the real property owned by
County, including facilities and improvements thereon, consisting of the Cloverleaf
Property and the property more fully described on Exhibit C attached hereto;
g. Dodgertown Tenant shall mean any party to whom County leases (from
time to time) all or a portion of the Dodgertown Facility. The parties acknowledge that
the current Dodgertown Tenant is MiLB Vero Beach, LLC, a Florida limited liability
company; and
h. Dodgertown Events shall mean any and all events and activities held on
the premises of the Dodgertown Facility including, without limitation, sports and non -
sports related events and activities, meetings and conferences, whether such events and
activities are conducted by County, Dodgertown Tenant or any third party using all or a
portion of the Dodgertown Facility with the consent of County or Dodgertown Tenant.
3. Parking License. City hereby grants to County and Dodgertown Tenant and
County's other assignees (a) a license to use License Area A for general parking in connection
with Dodgertown Events, and (b) a secondary license to use License Area B and License Area C
for general parking in connection with Dodgertown Events, in the event that (i) License Area A
is unavailable for a particular event (see paragraph 4 below), or (ii) the license to use License
Area A is revoked by City. County shall have the right to use the License Areas up to twenty
(20) days per calendar year. Dodgertown Tenant shall have the right to use the License Areas to
the same extent as County, except that Dodgertown Tenant's use shall not be restricted with
respect to the number of days per calendar year, however, Dodgertown Tenant shall coordinate
with and provide City a schedule for anticipated use of the License Areas and keep City advised
of any changes to such schedule.
4. Notice of Use. County shall provide reasonable notice of its intent to use a
License Area on one or more dates specified in the notice. Within 10 days of receipt of such
notice, City shall advise County of any conflict with a planned City use of the License area on
the same date(s) which is incompatible with County's proposed use. If City does not advise
County of a conflict within the 10 day period, County may utilize the License Area for parking
as set forth in the notice. In the event of a conflict, the parties shall attempt in good faith to
reconcile the conflict in a manner which accommodates the interests of both parties. If such
accommodation is not possible, County may utilize another available License Area for parking.
5. Use of License Area B or License Area C. Whenever County uses License Area
B or License Area C, County shall comply with the following additional requirements of the
Federal Aviation Administration: County shall not interfere with airport operations surrounding
roadways, or airport tenant operations; County must use the License Area in a safe and efficient
manner; and County shall not enter the secured airfield or otherwise interfere with airport
Page 2 of 5
operations. County understands that there are substantial federal fines for violations of federal
laws and regulations applicable to airport facility access and use.
6. Insurance. County shall, at all times during the term hereof, carry commercial
general liability insurance against jury and property damage with a company
g personal in
authorized to do business in the State of Florida and satisfactoryto Ci P y
_ any and all claims for damages to persons or roe �'� Protecting City against
sin out of the use and
maintenance by County of the License Areas County hall proult vide f or a cert i ate of insurance
stating that City is an additional insured, and confirming limits of coverage not less than
$500,000 per occurrence combined single limit for Bodily Injury Liability and property Damage
Liability. County shall supply written proof of insurance to City within fifteen (15) days of the
date this Agreement is executed, and shall continue to supply such proof to City for each term
such insurance coverage is renewed.
7. Indemnification. To the extent permitted by law, County agrees to indemnify
and hold harmless City, including, without limitation, its council members, officers, employees
and agents, from and against all claims for damages, liabilities, costs and expenses arising out of
or relating to the use of one or more License Areas by County, Dodgertown Tenant or County's
other assignees; and City agrees to indemnify and hold harmless County, including, without
limitation, its commissioners, officers, employees and agents, from and against all claims for
damages, liabilities, costs and expenses arising out of or relating to the use of one or more
-- l
License Areas by City or City's assignees; provided, however, that nothing herein shal be
construed as a waiver of the County's or the City's sovereign immunity pursuant to se
768.28, Florida Statutes. ction
8. Clean Un After Use. After each use of a License Area, County shall leave the
property in substantially the same condition that it was prior to such use.
9• Term. The term of this Agreement shall be indefinite until the earlier to occur of
the following: (a) the revocation of all licenses for License Area A, License Area B and License
Area C, or (b) the permanent use of the Dodgertown Facility for a purpose other than sports,
recreation or entertainment related activities.
10. Revocation of License. Each license granted herein shall be revocable by City in
the event that each of the following occurs with respect to the real property underlying such
—license: (a) the City decides in good faith to use the underlying real property for a purpose
incompatible with continued parking, (b) in reaching such decision, the City gives due
consideration to the fact that (i) the City owns other properties in the same general area which
.._may be suitable for such incompatible use, (ii) continued use of the License Area for general
parking provides an important and valuable benefit to County, and (iii) that the City Council
determines in good faith that the advantages of locating the incompatible use on a License Area
.)utweigh the advantages to locating the incompatible use on other property owned by the City,
and (c) City actually uses the License Area for the incompatible use.
11. Remedies. In the event of breach of this Agreement by either party, the non -
breaching party shall be entitled to all remedies available in law or in equity.
Page 3 of 5
12. LitiLration. In the event of any litigation relating to or arising out of this
Agreement, each party shall be responsible for and shall bear its own attorney's fees and court
costs, including such fees and costs incurred at the trial and appellate level of such proceedings.
13. Amendment. No amendment, modification, change, or alteration of this
Agreement shall be valid or binding unless accomplished in writing and executed by all of the
parties hereto.
-- 14. Entire Agreement. This Agreement sets forth the entire agreement and
understanding between the parties. No prior agreement or understanding shall be binding
between the parties unless set forth herein.
15. Governing Law. This Agreement and all matters arising hereunder shall be
governed by and construed in accordance with the laws of the State of Florida. Venue hereunder
shall lie in Indian River County, Florida.
16. Further Assurances. County and City shall grant such further assurances and
provide such additional documents as may be required by one another from time to time, and
cooperate fully with one another in order to carry out the terms and conditions hereof and
comply with the express intention of this Agreement.
17. Severability. In the event any term, condition, or clause of this Agreement is
declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of
illegality or unenforceability shall not affect or alter the legality or enforceability of any
remaining term, condition, or clause hereof, provided of the parties, as set forth in this
Agreement.
18. Non -Assignment. This Agreement shall not be assignable by either party, except
that City may assign this Agreement to any party acquiring ownership of a License Area (but
only to the extent of such License Area), and County may assign this Agreement to any party
acquiring ownership, right of possession or other right to use of all or a substantial portion of the
Dodgertown Facility.
19. Recordation. A copy of this Agreement shall be recorded on the Public Records
of Indian River County, Florida.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names as of the date set forth above.
ATTEST: Jeffrey K. Barton,
Clerk of Court
-00
AFFIX SEAL:
BOARD OF COUNTY COMMISSIONERS,
DIAN RIVER COUNTY (��County")
Bob Solari, Chairman
Page 4 of 5
Approved by BCC: May 3, 2011.
Approved
has toformand legal sufficiency:
By: c'C16F-
-Xef�
Alan S. Pol ich Sr ; oun
Attorney
CITY OF VERO BEACH ("City")
Sign:
Jay mer, Mayor
Approved as to form and legal sufficiency
STATE OF FLORIDA
COUNTY OF INDIAN RIVER V
The foregoing instrument was acknowledged before me this "k day of ,
2011, by JAY KRAMER, as Mayor, and attested by TAMMY K. VOCK, as C' Clerk of the
City of Vero Beach, Florida. They are both known to me and did not take an oa .
NOTARY PUBLJC, State of Florida
Sign:
Print:
State of Florida [SEAL]
Commission No:
Commission Expires:
CAM & WOW
0 WGWAWN # DD 76W
SUM June 2% 2012
'� '?' eonckd7lMuNolrPP61o1kidrnlMn
Page 5 of S
Property Descrip0on
Dodgertbwn
(#,2010 -LA -0143)
November 9, 2010
EXH191T "A"
PROPERTY DESCRIPTION
LICENSE TO USE CITY PROPERTY #2010 -LA -0143
PORTIONS OF -DODGERTOWN,'DObt;ERTOWN PARCEL 2A,
AIRPORT PARCEL 19 AND AIRPORT PARCEL 17
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 Section 34, Township 32 South, Range 39
-- East and being more particularly bounded and described as.follows:
License Area "A":
Commencing, at the Northwest corner of Section 3, Townshp 33 South.-Rangp 391 F 4
Thence. South 00000'47" West along the West line of said Section 3 fora distance of 30.00
feet;
Thence South 89°45139" East and parallel with the north line of said. Section 3 for a
distance of 76.00 feet to:.a point on the South right-of-way of the Indian River Farms Water Control
District Canal A-3;
Thence continue South .89°45'39" East along said South right-of-way for a. distance of
288.78 feet to the Northwest comer of Dodgertown Parcel 2A (also known as "A Portion of
Dodgeittown 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 of the following described
License Areal 'A";
Thence from the Point of Beginning continue South 89045'39" East along said South right-
of-way for a distance of 506.21 feet to the Northeast comer -of the 10.38 acre parcel deeded to the
City of Vero Beach by Indian River. County,'
Thence South 03032'27° West along the East One of the said 10.38 acre parcel for a
distance of 582.12 feet;
Thence South 00°14'21' West along the East line of the said 10.38 acre parcel for a
distance of 360.85 feet to the Southeast comer of said 10.38 acre parcel;
Thence North 89045139" West along said South line of said 10.38 acre parpol for a distance
of 437.6.9 feet to the Southwest corner of said parcel;
Thence North 00'14'21' East for a distance of 85.00 feet;
Thence North 89'45'39' West for a distance of 35.00 feet;
Thence North 00°14'21' East along the West line ofthe said -10.38 acre parcel for a
distance of 857.00 feet to the Point of Beginning; -
Said Parcel containing 452,042 square feet or 10.38 acres.
Sheet 1 of 6
property Description
Dodgertam
(#2'00=t_A=0143)
November. 9, 2010
License Area "B":
_ Commencing at fhe Southwest corner of Section 34, Township 32 South, Range 39 East;
Thence South 89"45'39" East along the South line of Section 34 for a distance of 668.80
feet'to a point;
Thence North 00"14'21 East for a distance of'60.00 feet to a point on the north right-of-way
of 281h Street (also known as Walker Avenue), said point being the Point of Beginning of Parsel.19;
Thence North 35°54'04" East for a distance -of 306.67 feet;
Thence North 89°51'01" East for a distance of 596:87 feet;
Thence South 01'16'03° Wost-for a distanOd of 102:51 feet to a point on the North right-of-
way of Aviation Boulevard;
Thence South 63045'16" West along said North'right-of way for a distance of 114.40 feet to
the beginning of a curve. concave to the Northwest;
Thence Southwesterly along said curve, having a radius of 950 feet and a delta of
26030'14" for an arc length of 439.45 feet to the' Point of Tangericy;
Thence continue North 89'45'39 West along said North right-of-way of 26h Street for a
distance of 247.44 feet to the Point of'Beginning;.
Containing 145,235 square feet more or less.
Sheet 2 of6
Property Description
Dodgettown
November 9, 2010
License.Area "CII.
CommencirIg at the Southwest -comer of Sebtlon 34, Township �32'Soutfi, Range 39 East,
Thence South 89045'39" Last *along the South line. of Section'. 34 for a distance of 1,583.90
feet to a point;
Thence North -00°1'4'21" East for a distance of 281,11 feet to a point on the North right-of-
way of 26`h Street (also known a . s Aviation" Boulevard), said point being the Point of Beginning of
Parcel 17;
Thence North 01`16'03* Ehst'fora distance of 425:17 feet to,a point;
Thence North 37049'54" East for a distance of 107.87 feet to a point;
Thence North 76°19'43" East for a distance of 114.11 feet toa point;
Thanno South 6904329: East far a. distance of 642.82 fto6t to a. Point on the -No-rth right-of-
way .of said Aviation Boulevard, said point also being on a curve concave to the Southeast;
Then ce Southwesterly along said curve, having a radius of 1,05.0 feet. and a delta of
2101605" for an arc length of 389.45 feet to -the Point of Tangency, said point being on the North
right-of-way of Aviation Boulevard;
Thence continue South 63045'16' West along said North right-of-way of Aviation Boulevard
for a distance of 470.6-6 feet to the Point of Beginning;
Containing 203,914 square feet more or less. .......
David R. Gay, PS
SAProperty DescriptlohM201012610-LA-0143_66dgertown Portions & 2A Nov 9 2010.doc
Sheet 3 of 6
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Property Qescrfpft
_ Dodgertown
(#2010-20).
NovemberB, 2010
PROPERTY DESCRIPTION
PORTIONS OF DODGERTOWNAND pODGERTOWN 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 887.04 feet;
- - Thence South 89'45'39" 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
Gook 1961-, Flage 968 of the Public Records of Indian River Cauntk, Plerrld-t .
Thence South 890.45'39" 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 Norfh.. line of said Parcel 3A for' a distance of
437.6a feet to the Point of Beginning;
Thence from the Point of Beginning contlnue 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 63°53'04' East fora distance of 326.67 feet to a point on the East line of Dodgertown
Parcel 3A;
Thence -South 18015'41" 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 69622'53" West. for a distance of 898.97 feet;.
Thence North 02050:58" West for a distance of 831).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. �--, C
David
S:1Property.Descrlptions12010X2010-20_Dodgertown Portions & 3A—Nov 8 2010.doc
Sheet.1 of 2.
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EXH181T gicip
A'
PARCEL OF LAM 'LYING -IN SECTION j,'TOWNSHIP 33 SOUTH, RANGE 39 BA'ST'
INDIAN RIVER COUNTY, FLORIDA. BEING M0RtpARTlCUIARhY DESCRIBED AS
FOLLOWS:
CQI NCWG AT TM NORTHEAST CORNER 017 SECTION 3 'TOWNSHIP 33 SOUTH,
RANGE 39 EAST, PROCEED NORTH 89"4539r WEST, ADISTANCE OF,1097,62P]3tTTOA
POINT,," W
THWE SOUTH 04"15'11 IiST, A -DISTANCE OF 30.07 POT TO A'P.OW ON
nffi. WESTERLY RSB' -OF -WAY -LM
FOOT RIGHT OF. -WAY) SAID POINT BEING THE 'POINT OF � BEGROW(j, A 00
i THIWCE
CONTME ALONG' SAIlD.WESTEL'Yl�IORT-OF-WAYL-DW SOUTH 10"36'49- WEST A
DISTANCE OF 57.55 IMET TO THE POINT OF CURVATURE. OF A TANOBNT CURVE,
CONCAVE TO THE WEST, HAVING ARADIUS' OF 1125,14 FBBT ANDA
OF 09030'08"i THENCE -SOT CURVE, A DISTANCE OF 186;60 FEET,
.SOUTH ALONG. -SAID'
tMiqCE SOUTH 2006657" WEST,_ A DISTANCB OF -
CURVAT OF A TANGENT CURVE, CONCAVE 82-11 FEET TO THE p.'OW OF
. ANGLE
TOTHERASTRAVINGARADIMol?
ig2$.8.6 FEET AND A CENTRAL ANGLE OF, 19°54'25''; TIMM SOU'T'H ALONG SAID
CURVE; ADISTANCE OF.634.38 FEET; TRBNc.E sO=00012'32a WEST, ADISTANMOF
55.65 FEET- TO APOINT ON THE NORTH RIGHT OF WAY L]2qE..OF INDIAN R11M
-FA-'RMS D-RAINAGE, DISTRICT MAIN CANAL* (300 FOOT RIMT-OF-WAY);*
THENCE
ALONG SAID NORTHERLY RIGHT-OF-WAYLWSOTJTH-69c'42'531'WEST, A DISTANCE
OF 4$2.50 FEET; THENCE 14ORTH 15°50'35" WEST,. A DISTANCE OF 50.I' FEET' TO A
POINT 50.00 FEET NORTH -OF AFORHSAD) MANRI
CANAL NORTH - -
GHT-OF-WAYLME;
THENCE S OUTH 69 °22'53" WEST ALONG SAID LM PARALLEL ANt) So.-oo FEET NORTH.
OF SAID MAIN CANAL NORTH RIGHT-OF-WAY LM, A*DISTANCE OF 1001.21 FEET,
THENCE- NORTH 18015126- WEST, A DISTANCF, OF 386.46 FEET; THENCE NORTH
63*53'64" WEST, A DISTANCE . OF 476,06 -FEET, -,-
THENCE .NORTH 89 45'39 WE$T,.A
DISTANCE OF 414.56 FEET; THENCE NORTH 00°14'21'" )3AST,A DISTANCE
OF 176.92
FEET TO 'A POINT 30.00 MET SOUTHERLY OF
THE NORT H LINE OF. SECTION 3,
TOWNSHIP 33 SOUTH, RANGE 39 EAST; TB15NCE SOUTH 89045'3911-EASTALONG'
ALM
BEING 30:Q0 FEET SOUTHER -L : OF AND PARALLEL:
y WITH SAID.
DISTANCE OF . 2557M FEET TO THE POINT OF SECTION LINE, A
BEGINNING.'
PARKING ESTOPPEL CERTIFICATE
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 Parkin at t Dodgertown Facility Compliance with Cily 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
FUrrorneyUlanlDoAgerrown Daoume WPARXINO ESTOPPEL CERT/PICATE.d— Page I 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: �t,Q
Deputy Clerk
AFFIX SEAL:
ATTEST:
0�'
da z0ow Y---) - ) I) -
Tammy K. c , City Clerk
AFFIX SEAL:
Approved as to form and legal sufficiency:
Wayne Coment, Acting City Attorney
BOARD OF COUNTY
COMMISSIONERS,
INDIAN RIVER COUNTY ("County")
By: rz-
Bob Solari, Chairman
Approved by BCC: May 3, 2011.
Approved as to form and legal
sufficiency:
By: .-"
A n S. Polaikwich, r., County Attorney
CITY OF VERO BEACH ("City")
Jay;�ger, Mayor
Approved by CC: May 3, 2011
Approved as conforming to municipal
policy:
- 4 � k, - 4" a
Mo e K. Falls, Interim City Manager
FU110rneA41anlDodgerl— DocumennlPARKING ESTOPPEL CERTIFICATE.do Page 2 of 2
EXHIBIT A
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 33 SOUTH,
RANGE 39 EAST, PROCEED NORTH 89045'39" WEST, A DISTANCE OF -I M.,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'h 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 ARADIUS OF 1125.14 FEET ANDA CENTRAL ANGLE
OF 09°30'08'; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 186.60 FEET;
THENCE SOUTH 20°06'57" 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 19054125"; THENCE SOUTH ALONG SAID
CURVE, A DISTANCE OF 634.38 FEET; THENCE SOUTH 00012'32" 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°2'53" 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 69°22'53" WEST ALONG SAID LINE PARALLEL AND 50.00 FEET NORTH
OF SAIDMAIN 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
63053'04" WEST, A DISTANCE OF 476.06 FEET; THENCE NORTH 89045139" WEST, A
DISTANCE OF 414.56 FEET; THENCE NORTH 0001421" 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" EASTALONG A LINE
BEING 30.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID 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 89°45'39" 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 89°45'39" 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 18015'41" 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 02050'58" 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 43r0 Avenue and Aviation Boulevard
improvement projects as required. u
David
SAProperty Descriptions1201012010-20_Dodgertown Portions 8 3A—Nov 8 2010.doc
Sheet 1 of 2
A.
O ,(
Gay, PSM #591 -'•�7o �: T
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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 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 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 00014'21" 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.
David R. Gay, PS
S:1Property Descriptions12010\2010-20_Dodgertown Portions & 2A_Nov 8 2010.doc
Sheet 1 of 2
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21`7034
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RE:,ORDS
- Prepared by, record and return to: OF INDIAN RIVER COUNTY FL
BK: 2517 FG 582, Pagel of 6
Office of the County Attorney 08/11/2011 at 02:55 PM,
1801 27`h St., Vero Beach, FL 32960
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: 4rro yUMADadge —Docu—trlF/RSTAMENDMENT 710 INTERLOCALACREEMENT.d— Page 1 of 2
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: If(
Deputy
AFFIX SEAL:`•• ''r.�F,p'•
BOARD OF COUNTY COMMUSSIONERS,
INDIAN RIVER COUNTY ("County")
By:
Bob Solari, Chairman
Approved by BCC: May 3, 2011.
Approved as to form and legal sufficiency:
i'
By: t�
Alan S. lackwich, Sr., County Attorney
CITY OF VERO BEACH ("City")
Jay Kp6fier, Mayor
Approved by CC: May 3, 2011
Approved as to form and legal Approved as conforming to municipal policy:
suffiNiency
3"" 9,a -y 4a
Wayne 6coment, Acting City Attorney Morfte K. Falls, Interim'City Manager
F:IAnomg1,11anID•dgm•wnD--aF/RSTAMENOMEN7 TO/NTERLOCALACREEMENT.d— Page 2 of 2
Property Description
Dodgertown
(#2010-20)
November 8, 1010
-- 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 89°45'39" 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 00014'21" West for a distance of 85.00 to a point on the North line of said Parcel 3A;
Thence continue South 89°45'39" 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 89°45'39" 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 18015'41" 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 02050'58" 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.
/ L.
David R. Gay PSM #597' i a: a
j L Lv 4C
5 1Properiy GescriptionsL0i0�'UiO-20_Dodgeriown Poriions & 3A_NOV & 2010.doo ``°�C� yt
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Property Descriplal
Dodgertown
(#201D-20)
November 8, 201D
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 00°00'47" 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;
TThence 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 89°45'39" 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 00°14'21" 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 43'ti Avenue and Aviation Boulevard
improvement projects as required.
David R, Gay, PSM #51,
0 ti F•
S: (Property Descriptions1201012010-20 Dodgertown Porlions & 2A Nov 8 2010.dac O Pro rc,"
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2157035
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
Prepared by, record and return to: OF INDIAN RIVER COUNTY FL
Office of the County Attorney BK 2517 PG:588, Pagel of 8
1801 27t` St., Vero Beach, FL 32960 08/11;2011 at 02:55 PM,
Telephone: 772.226.1424 JEFFREY K BARTON. CLERK OF
COURT
FIRST AMENDMENT TO FACILITY LEASE AGREEMENT
THIS FIRST AMENDMENT is made and entered into as of the 1 st day of June, 2011
to that certain Facility Lease Agreement by and between Indian River County, a political
subdivision of the State of Florida ("County") and MiLB Vero Beach LLC, a Florida limited
liability company ("MiLB"), dated as of May 1, 2009 ("Agreement").
WHEREAS, as of May 1, 2009, County and MiLB entered into the Agreement whereby
County leased to MiLB the Land, the Facility and the FF&E, and transferred to MiLB the
exclusive right and obligation to use, manage, operate and maintain the Facility for the term set
forth therein; and
WHEREAS, based upon further negotiations between the parties and with the City of
Vero Beach, Florida ("COVB"), the parties desire to amend the Agreement with respect to the
Land, the Parking Lease and the Parking Property, the Improvements, and other related matters.
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.
y 2. Definitions. Except as set forth herein, all capitalized terms herein shall have the
same meaning as set forth in the Agreement.
3. Land. The definition of "Land" as set forth in section 1.02(q) is hereby amended,
as follows: (a) the real property described on Exhibit A attached hereto is added to the definition
of "Land" and is therefore subject to all terms and conditions of the Agreement, and (b) the real
property described on Exhibit B attached hereto is removed from the definition of "Land" and is
therefore no longer subject to the terms and conditions of the Agreement.
4. MiLB Events. All references in the Agreement to "Dodgers Events" are hereby
changed to "Dodgertown Events," and new section 1.02(bb) is added as follows: "Dodgertown
Events" shall mean any and all events and activities held on the premises of the Land and
Facility including, without limitation, sports and non -sports related events and activities,
meetings and conferences, whether such events and activities are conducted by County, MiLB or
any third party using all or a portion of the Land and Facility with the consent of County or
MiLB.
C:IU.mlapoleyUppDataUaoMflerosoJtlWlndowalTempomry IM -1 F0 0LKCBFSIFIRSfAMBNDMENT TO FACILITY LEASE AGREEW&W..docs Page 1 of 4
5. Parking. The provisions of the Agreement relating to parking are amended, as
follows:
(a) section 1.02(v) is deleted and replaced with the following: "Parking
License Agreement means the Parking License Agreement entered into as of June 1, 2011 by and
between the County and COVB which, inter alfa, governs use rights for the City Parking
Property,"
(b) section 1.02(w) is deleted and replaced with the following: "City Parking
Prove shall mean the real property subject to the Parking License Agreement, and Facility
Parking Property shall mean the following areas contained within the Land: (i) the real property
which has historically been used for parking in connection with activities and events held at the
facility, (ii) those portions of the four (4) baseball practice fields and two (2) half baseball
practice fields which are suitable for parking, and (iii) other accessible and open areas which are
_ suitable for parking; and
(c) section 6.05 is deleted in its entirety and replaced with the following:
"Parkin. The City Parking Property is owned by the City, subject to the terms and conditions of
the Parking License Agreement, and the Facility Parking Property is owned by the County,
subject to the terms of this Agreement. MiLB shall have the right to use the City Parking
Property for Dodgertown Events in accordance with the terms and conditions of the Parking
License Agreement, which terms and conditions are hereby approved and accepted by MiLB.
_ MiLB acknowledges that its right to use the City Parking Property for Dodgertown Events could
be terminated by COVB in accordance with the terms and conditions of the Parking License
Agreement. In such event, MiLB agrees that the Facility Parking Property is and will be
_ adequate for all parking purposes relating to its use and operation of the Land and Facility. Upon
expiration or termination of this Agreement, all rights of MiLB to use the City Parking Property
or the Facility Parking Property for any purpose shall terminate."
6. Improvements. The provisions of the Agreement relating to Improvements are
amended, as follows:
(a) section 1.02(o) is deleted in its entirety and replaced with the following:
"Improvements means the improvements constructed or to be constructed on the Land
and Facilities during the term of the Agreement, or any extension thereof, consisting of
the addition of field lights to two (2) of the existing playing fields in 2011, the
construction of a cloverleaf of four (4) youth dimension baseball fields on the real
property described on Exhibit A attached hereto in 2011, and the construction of a
regulation size soccer field in the area of practice field number four in 2011." and
(b) section 8.03(a) and (b) are deleted in their entirety and replaced with the following:
"Immediate Facility Improvements.
(a) County, at its expense, will add field lights to two (2) existing playing fields
in 2011 and will construct a cloverleaf of four (4) youth dimension baseball fields on the
C: IUarnkpokyUppDatalLo PMkr oJtlWindow tTempaivry lw,—tFlle,IOLKCBFJIF/RSTAMENDMENT TO FACI= LEASE AGREEMENT.dors Page 2 of 4
real property described on Exhibit A attached hereto in 2011. Field lighting for the two
(2) existing playing fields shall meet the requirements of Class AAA and Class AA field
lighting for a new facility which are 100fc (foot candle) average in infield and 70fc
average in outfield. County shall not pay for these improvements out of the Capital
Reserve Account;
(b) County will construct a regulation size soccer field in the area of practice
field number four in 2011 at its expense. County shall not pay for this construction out of
the Capital Reserve Account."
7. Good Standing — No Violation. County and MiLB agree that, as of the date
hereof, the Agreement is in good standing, neither party is in violation or default of any
provision of the Agreement, and both parties are in full compliance with all provisions of the
Agreement.
8. Conforming Terms. All remaining terms and conditions of the Agreement are
hereby conformed to be consistent with the amendments set forth herein.
9. Remaining Terms. All remaining terms and conditions of the Agreement not
amended or conformed herein shall remain in full force and effect.
10. 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 Agreement to be executed in
their respective names as of the date set forth above.
ATTEST: Jeffrey K. Barton,
Clerk of Court
_ By: ZmgA V $k�f� —
Deputy Clerk •�,�► 1••..
AFFIX SEAL: •e,:
s*�
� !VINN...
BOARD OF COUNTY CO11BUSSIONERS,
INDIAN RIVER COUNTY ("County")
By:
Bob Solari, Chairman
Approved by BCC: May 3, 2011.
Approved as to form and legal sufficiency:
By:
Alan S. Pola wich, Sr., 6ounty Attorney
C:IUren4p.kylAppDamlLoe.Mflcro.ofr�Wlnd.wlTempowry IM-1FB.aV0LKCBF5WRSfAMENDMENf W FACILITY LEASEAGRE.11 d— Page 3 of 4
Signed, sealed and delivered in the presence MiLB VERO BEACH LLC, a Florida
of- limited liability company ("MiLB"), by
National Association of Professional
Baseball Leagues, Inc., a Florida non- profit
corporation, its managing member
/m:tnam JP 6
By:
Print Name:
Print name: Ati e a Ada ems Print Title: J-1- u �'�✓
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this Z(o day of N161,k4,
2011, by SWj+ 190y -q , the SenloY V(ce- eo-51C(M National
Association of Professional Baseball Leagues, Inc., a Florida non-profit corporation, managing
member of MiLB VERO BEACH LLC, a Florida limited liability company, who is personally
known to me, or O who has produced , as identification, who did
- not take an oath.
NOTARY PUBLIC, State of Florida
,���•�•� �N SANDRA M. HEBERT
Notary Public - State of Florida Sign:
- ; • ; My Comm. Expires Aug 1. 2013 Print:
Commission r DD 878473 State of orida [SEAL]
•r.tt,. •t`` lorded Through National Notary Asan. 1—l� ^ p D -1 L
Commission No: V
-- Commission Expires: A Ug . lT l:_
C:\U—\+polryNppD•t.\L—I\Microroft\Windows\T—poruy Int=et Fi1cAOLKCBF5\FIRST AbffiNDMENT TO FACILITY LEASE AOREEMENT.dmx Page 4 of 4
Property Description
Dodgertown
(#2010-20)
November 8, 2010
EXHIBIT "A"
PROPERTY DESCRIPTION
PORTIONS OF DODGERTOWN AND DODGEIRTOWN 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 89°45'39" 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 89°45'39" 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 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 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 43rd Avenue and Aviation Boulevard
improvement projects as required. 14 .:. ° 4.0
A.
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David R. Gay, PSM #5973>-'* W o.
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Property Description
Dodgertown
(#2010-20)
November 8, 2010
EXHIBIT "B"
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 So.uth 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 00°14'21" 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.
David R. Gay,
S:1Property Description s12010\2010-20 Dodgertown Portions & 2A—Nov 8 2010.doc
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CONSENT AND WAIVER BY MiLB VERO BEACH, LLC AND NATIONAL
ASSOCIATION OF PROFESSIONAL BASEBALL LEAGUES, INC. TO
AGREEMENTS
As of this 1st day of June, 2011, MiLB Vero Beach, LLC, a Florida limited liability company
("MiLB"), in its capacity as tenant under that certain Facility Lease Agreement between MiLB and
Indian River County, a political subdivision of the State of Florida ("County"), dated as of May 1,
2009, and as a party to related documents, and National Association of Professional Baseball Leagues,
Inc., a Florida non-profit corporation ("NAPBL"), in its capacity as Guarantor under that certain
Guaranty, dated May 1, 2009, hereby consent to each and every of the following agreements or
documents (collectively "Agreements"):
1. Property Exchange Agreement, between County and City of Vero Beach,
a municipal corporation organized under the laws of the State of Florida
("City"), dated as of February 1, 2011, including First Amendment to
Property Exchange Agreement, dated as of June 1, 2011;
2. Indian River County Board of County Commissioners Resolution No.
2011-_, entitled A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY GIVING PRIOR
CONSENT TO THE DEVELOPMENT OF THE CLOVERLEAF
PROPERTY FOR PURPOSES OTHER THAN THE "PERMITTED
USE" AS SET FORTH IN THE COLLATERAL DEVELOPMENT
AGREEMENT, adopted May 3, 2011;
3. First Amendment to Declaration of Covenants, Conditions and
Restrictions entered into between County and City, dated as of June 1,
2011;
4. Termination of Parking Property Lease Agreement entered into between
County and City, dated as of June 1, 2011;
— 5. Parking License Agreement entered into between County and City, dated
as of June 1, 2011;
6. Parking Estoppel Certificate, between City and County, dated as of June 1,
2011; and
Additionally, NAPBL hereby consents to the following agreement:
7. First Amendment to Facility Lease Agreement, between County and
MiLB, dated as of June 1, 2011.
(collectively "Agreements").
-- MiLB and NAPBL consent to the Agreements for the purpose of irrevocably memorializing
and establishing that MiLB and NAPBL have been provided copies of the Agreements prior to
execution by the parties, and MiLB and NAPBL (a) consent to, and have no objection to or
- - -
C.IUsen4p.ky*pDaraV—hWi,—a )?kFRnd—,ITempormy lwem$177lesOLKCBF.5 CONSEA+T BYM/LB MO BEACH /lCdo Page 1 of 2
disagreement with, the Agreements, and hereby waive any such objections or disagreements, (b) agree
that the Agreements do not cause or create any default or breach by County or City in any agreement
or other obligation to which either MiLB or NAPBL, or both, are a party or a third-party beneficiary
and (c) acknowledge that County and City will rely upon this Consent and Waiver in executing the
Agreements.
-- IN WITNESS WHEREOF, the parties have caused this Consent and Waiver to be executed in
their respective names as of the date set forth above.
NIMB VERO BEACH LLC, a Florida limited NATIONAL ASSOCIATION OF PROFES-
liability company ("MiLB"), by National SIONAL BASEBALL LEAGUES, INC., a
Association of Professional Baseball Leagues, Florida non-profit corporation ("NAPBL")
Inc., a Florida non-profit corporation, its
managing member
D GK fie-
By: ���' By: Cr7� it —>--
Print Name: 7Z>, �. jf v _ Print Name: c o .1
Print Title: !-'r ✓f cA C/I f- Print Title: —��- Ve Le
C:IU+en4poleyUppOamV,ac.lLNicron �IWlndowslTe.rporary lrx~F11,A0LKCBF51C0MMJVTBYMILB VERO BRACH LLC.do Page 2 oft
SELLER'S AFFIDAVIT
State of Florida
County of Indian River
Before me, the undersigned authority, duly authorized to administer oaths, this day personally appeared
William DeBraal, who, after first being duly sworn on oath, by me, deposes and says that:
1. Affiant is the Deputy County Attorney for Indian River County, a political subdivision of the State of Florida,
and in said capacity, affiant can say that said Indian River County, a political subdivision of the State of Florida is
the owner of the following described land, to wit:
Portions of Dodgertown and Dodgertown Parcel 2-A, situated in the State of Florida,
County of Indian River, City of Vero Beach, and being part of Section 3, Township 33
South, Range 39 East, and being more particularly 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
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 89° 45' 39"
East along the 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 Records Book 1758, at 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 89° 45' 39" East along said South right-of-way for a
distance of 506.21 feet; thence South 03° 32' 37" West for a distance of 582.12 feet;
thence run South 00° 14' 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 89° 45' 39"
West for a distance of 35.00 feet; thence North 00° 14' 21" East along the West line of
said Parcel 2A for a distance of 857.00 feet to the Point of Beginning.
2. And, that said land is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description
whatsoever (including any Federal Internal Revenue Service or Florida Department of Revenue liens or warrants for
unpaid taxes of any nature), except for any mortgage described in the deed of conveyance given simultaneous herewith
naming The City of Vero Beach, a municipality of the State of Florida, as grantee therein; which mortgage the said
grantee has agreed to assume; and except for ad valorem or other real property taxes for the calendar year in which this
affidavit is dated; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; and
3. That there have been no improvements, alterations, or repairs to said land or any improvements situate thereon, within
the most recent ninety (90) days for which the cost thereof has not been fully paid; and that there are no unpaid claims
for labor or material furnished for repairing or improving same which remain unpaid; and
4. That any condominium or homeowner's association regular or special assessments, if any are applicable, currently
due and owing, have been paid; and
5. That any personal property situate upon subject land that is being conveyed appurtenant to the land is free and clear
[F:1Actc\report\41078318. AFF2J
of all liens, encumbrances, claims and demands of all kinds whatsoever (including unpaid time payment contracts for
the purchase or replacement of built-in appliances or fixtures, plumbing, air conditioners, radio or television antennas,
carpeting, lawn sprinkling systems, swimming pools, window or door coverings, fences, or any other such furnishings,
equipment or property); and
6. That Indian River County, a political subdivision of the State of Florida has complied in all respects with the
Florida Sales and/or Intangible Personal Property Tax Laws with respect to any buildings or personal property situate
upon said land, if applicable; and
7. That there are no parties in possession of the premises described herein as a tenant or possessory claimant of any kind
or nature; and that there are no outstanding contracts for the sale of the lands described herein to any person or persons
whomsoever; nor are there any unrecorded deeds, mortgages, or other conveyances affecting title to said land; and
8. That Indian River County, a political subdivision of the State of Florida, is organized under the laws of the United
States of America (or a State or Territory thereof);
9. That all payable real property taxes have been paid relative to the land that is the subject of this affidavit; and that
there are no unpaid (but payable) taxes for the current or prior tax years; and that affiant has received no notice of any
pending assessment for municipal, county, or special taxing district improvement such as water, sewer, or road projects
that would affect the lands described hereinabove, that have not been paid for, or otherwise specifically revealed to the
purchaser, and accepted by said purchaser as a lien, liability for payment of which has been specifically agreed to by
purchaser; and
10. That no proceedings in bankruptcy or receivership have been instituted by or against the said Indian River County,
a political subdivision of the State of Florida; nor is there any pending litigation or dispute of any kind that might result
in a judgment or other lien that would affect title to subject land; and
11. That affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the State of
Florida for falsely swearing to statements made in an instrument of this nature; and that this affidavit has been read by
affiant, or read to affiant, and that its content is fully understood, and that all statements made herein are made as
statements of fact; and that this affidavit is made for the specific purpose of inducing The City of Vero Beach, a
municipality of the State of Florida to purchase said land from affiant; and further the undersigned, on behalf of Indian
River County, a political subdivision of the State of Florida said agrees to pay on demand to the purchaser herein
identified, or to said purchaser's successors and/or assigns; all amounts secured by any and all liens or encumbrances not
revealed herein, together with all costs, loss and reasonable attorney's fees, including attorney's fees expended in
enforcement of the provisions of this paragraph, that said party may incur in connection with any such unrevealed liens,
provided said liens either currently apply to such property, or a part thereof, or are subsequently established against said
property and are created by Indian River County, a political subdivision of the State of Florida, known by Indian
River County, a political subdivision of the State of Florida, or have an inception date prior to the consummation of
the transaction upon which this affidavit is given.
(Wherever used herein, the tern "affiant" shall include singular and plural, singular and collective;
all references to the singular shall include the plural; and the present tense shall include the past;
wherever the context so admits or requires.)
[F:1Actc\report\41078318.AFF2]
Seller:
Indian River County, a political subdivision
of the State of Florida
By:
W' 'am DeBraal, Deputy County Attorney
Sworn to and subscribed before me this j ( day of 54, 2011, by William DeBraal; who was personally
known to me or provided identification of sufficient character to "blish ' of th a reasonable degree
of certainty. J
r
Type of identification provided (Check One):
[ ] Driver's License
[ ] Passport
( ] Government (State or Federal) ID Card
[ ] Resident Alien ID Card
[ ] Other
[F AActc;Veport\41078318.AFF2j
LINDA A. CICHEWICZ
Notary Public - State of Florida
�• •= My Comm. Expires Nov 11. 2014
Commission #t EE 38188
SaMW Through National Notarll Asan.
Public
SELLER'S AFFIDAVIT
ACLT File No. 41078318
State of Florida
County of Indian River
Before me, the undersigned authority, duly authorized to administer oaths, this day personally appeared
Wayne R. Coment , who, after first being duly sworn on oath, by me, deposes and says that:
1. Affiant is the Acting City Attorney, The City of Vero Beach, a municipal corporation of the State of Florida, and
that in said capacity, affiant can say that said The City of Vero Beach, a municipal corporation of the State of Florida
is the owner of the following described land, to wit:
Portion of Dodgertown Parcel 3-A, situated in the State of Florida, County of Indian
River, City of Vero Beach, and being part of Section 3, Township 33 South, Range 39
East, and being more particularly 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 89° 45' 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 Records Book 1961, at Page 968, of the
Public Records of Indian River County, Florida; thence South 89° 45' 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 feet to a point on the North line of said Parcel 3A; thence
continue South 89° 45' 39" East along the North line of said Parcel 3A for a distance
of 437.69 feet to the Point of Beginning; thence from said Point of Beginning continue
South 89° 45'39" East along the North line of said Parcel 3A for a distance of 468.25
feet to the Northeast corner of Parcel 3A; thence run 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' S3" 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.
2. And, that said land is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description
whatsoever (including any Federal Internal Revenue Service or Florida Department of Revenue liens or warrants for
unpaid taxes of any nature), except for any mortgage described in the deed of conveyance given simultaneous herewith
naming Indian River County, a political subdivision of the State of Florida, as grantee therein; which mortgage the
said grantee has agreed to assume; and except for ad valorem or other real property taxes for the calendar year in which
this affidavit is dated; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any;
and
3. That there have been no improvements, alterations, or repairs to said land or any improvements situate thereon, within
the most recent ninety (90) days for which the cost thereof has not been fully paid; and that there are no unpaid claims
for labor or material furnished for repairing or improving same which remain unpaid; and
4. That any condominium or homeowner's association regular or special assessments, if any are applicable, currently
[F:\Actc\report\41078318.AFF]
due and owing, have been paid; and
5. That any personal property situate upon subject land that is being conveyed appurtenant to the land is free and clear
of all liens, encumbrances, claims and demands of all kinds whatsoever (including unpaid time payment contracts for
the purchase or replacement of built-in appliances or fixtures, plumbing, air conditioners, radio or television antennas,
carpeting, lawn sprinkling systems, swimming pools, window or door coverings, fences, or any other such furnishings,
equipment or property); and
6. That The City of Vero Beach, a municipal corporation of the State of Florida has complied in all respects with
the Florida Sales and/or Intangible Personal Property Tax Laws with respect to any buildings or personal property situate
upon said land, if applicable; and
7. That there are no parties in possession of the premises described herein as a tenant or possessory claimant of any kind
or nature; and that there are no outstanding contracts for the sale of the lands described herein to any person or persons
whomsoever; nor are there any unrecorded deeds, mortgages, or other conveyances affecting title to said land; and
8. That The City of Vero Beach, a municipal corporation of the State of Florida is organized under the laws of the
United States of America (or a State or Territory thereof);
9. That all payable real property taxes have been paid relative to the land that is the subject of this affidavit; and that
there are no unpaid (but payable) taxes for the current or prior tax years; and that affiant has received no notice of any
pending assessment for municipal, county, or special taxing district improvement such as water, sewer, or road projects
that would affect the lands described hereinabove, that have not been paid for, or otherwise specifically revealed to the
purchaser, and accepted by said purchaser as a lien, liability for payment of which has been specifically agreed to by
purchaser; and
10. That no proceedings in bankruptcy or receivership have been instituted by or against the said The City of Vero
Beach, a municipal corporation of the State of Florida; nor is there any pending litigation or dispute of any kind that
might result in a judgment or other lien that would affect title to subject land; and
11. That affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the State of
Florida for falsely swearing to statements made in an instrument of this nature; and that this affidavit has been read by
affiant, or read to affiant, and that its content is fully understood, and that all statements made herein are made as
statements of fact; and that this affidavit is made for the specific purpose of inducing Indian River County, a political
subdivision of the State of Florida to purchase said land from affiant; and to induce Atlantic Coastal Land Title
Company, LLC, to insure the title to said land; and further the'undersigned, on behalf of the said The City of Vero
Beach, a municipal corporation of the State of Florida agrees to pay on demand to the purchaser herein identified,
or to said purchaser's successors and/or assigns; and/or to Atlantic Coastal Land Title Company, LLC, all amounts
secured by any and all liens or encumbrances not revealed herein, together with all costs, loss and reasonable attorney's
fees, including attorney's fees expended in enforcement of the provisions of this paragraph, that said party may incur in
connection with any such unrevealed liens, provided said liens either currently apply to such property, or a part thereof,
or are subsequently established against said property and are created by The City of Vero Beach, a municipal
corporation of the State of Florida, known by The City of Vero Beach, a municipal corporation of the State of
Florida, or have an inception date prior to the consummation of the transaction upon which this affidavit is given.
(Wherever used herein, the term "affiant" shall include singular and plural, singular and collective;
all references to the singular shall include the plural; and the present tense shall include the past;
wherever the context so admits or requires.)
[FAActc\report\41078318.AFF]
Seller:
The City of Vero Beach, a municipal
corporation of the State of Florida
By:
Wayne R. V ment, Acting City Attorney
Sworn to and subscribed before me thisC2.�day o, 2011, by Wayne R. Coment; who was personally
known to me or provided identification of sufficient character to establish identify with a reasonable degree
of certainty. "I /j /j
Type of identification provided (Check One):
[ ] Driver's License
[ ] Passport
[ ] Government (State or Federal) ID Card
[ ] Resident Alien ID Card
[ ] Other
[F:\Actc\report\41078318.AFF]
CAFMA-GEWw
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Notary Public
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
* Policy Number OXFL-08033519 File Number: 41078318
* * ** Issued by Old Republic National Title Insurance Company
* Any notice of claim and any other notice or statement in writing required to be given to the
�k * Company under this Policy must be given to the Company at the address shown in Section 18
* * ** of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company") insures,
as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of..
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land
onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
—. 4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
In Witness Whereof, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy
shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company.
Policy Issuer:
Countersigned. ATLANTIC COASTAL LAND TITLE COMPANY, LLC
3650 20TH STREET, STE 4 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
VERO BEACH, FL 32960 an A Stack Company
P y
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371-1111
{ By President
Authoriz icer or Licerised Agent oC n
ORT Form FL ALTA
— j
ALTA Owners Po Policy of Title Insurance 6.17.06 (with Florida Modifications) Attest Secretary
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
-- state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of
this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does
not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17.06 (with Florida Modifications)
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the Title.
4, Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed
by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in
Schedule A.
Page 2
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
purchase, lease, or lend if there is a contractual condition requiring
the delivery of marketable title.
(a) "Amount of Insurance": The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased
2. CONTINUATION OF INSURANCE
by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
The coverage of this policy shall continue in force as of Date of
(b) "Date of Policy": The date designated as "Date of Policy" in
Policy in favor of an Insured, but only so long as the Insured retains
Schedule A.
an estate or interest in the Land, or holds an obligation secured by
(c) "Entity": A corporation, partnership, trust, limited liability
a purchase money Mortgage given by a purchaser from the Insured,
company, or other similar legal entity.
or only so long as the Insured shall have liability by reason of
(d) "Insured": The Insured named in Schedule A.
warranties in any transfer or conveyance of the Title. This policy
(i) The term "Insured" also includes
shall not continue in force in favor of any purchaser from the
(A) successors to the Title of the Insured by operation of law as
Insured of either (i) an estate or interest in the Land, or (ii) an
distinguished from purchase, including heirs, devisees, survivors,
obligation secured by a purchase money Mortgage given to the
Insured.
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation,
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
distribution, or reorganization;
The Insured shall notify the Company promptly in writing (i) in case
(C) successors to an Insured by its conversion to another kind of
of any litigation as set forth in Section 5(a) of these Conditions, (ii)
Entity;
in case Knowledge shall come to an Insured hereunder of any claim
(D) a grantee of an Insured under a deed delivered without
of title or interest that is adverse to the Title, as insured, and that
payment of actual valuable consideration conveying the Title
might cause loss or damage for which the Company may be liable
(1) if the stock, shares, memberships, or other equity
by virtue of this policy, or (iii) if the Title, as insured, is rejected as
interests of the grantee are wholly-owned by the
Unmarketable Title. If the Company is prejudiced by the failure of
named Insured,
the Insured Claimant to provide prompt notice, the Company's
(2) if the grantee wholly owns the named Insured,
liability to the Insured Claimant under the policy shall be reduced
— (3) if the grantee is wholly-owned by an affiliated
to the extent of the prejudice.
Entity of the named Insured, provided the affiliated
4. PROOF OF LOSS
Entity and the named Insured are both wholly-owned
In the event the Company is unable to determine the amount of
i by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
loss or damage, the Company may, at its option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
created by a written instrument established by the
The proof of loss must describe the defect, lien, encumbrance, or
Insured named in Schedule A for estate planning
other matter insured against by this policy that constitutes the
purposes.
basis of loss or damage and shall state, to the extent possible, the
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
basis of calculating the amount of the loss or damage.
and defenses as to any successor that the Company would have had
against any predecessor Insured.
5. DEFENSE AND PROSECUTION OF ACTIONS
- (e) "Insured Claimant": An Insured claiming loss or damage.
(a) Upon written request by the Insured, and subject to the options
(f) "Knowledge" or "Known": Actual knowledge, not constructive
contained in Section 7 of these Conditions, the Company, at its
knowledge or notice that may be imputed to an Insured by reason of
own cost and without unreasonable delay, shall provide for the
the Public Records or any other records that impart constructive
defense of an Insured in litigation in which any third party asserts
notice of matters affecting the Title.
a claim covered by this policy adverse to the Insured. This obligation
Igl "Land": The land described in Schedule A, and affixed improvements
"Land"
is limited to only those stated causes of action alleging matters
insured against by this policy. The Company shall have the right to
that by law constitute real property. The term does not
include any property beyond the lines of the area described in
select counsel of its choice (subject to the right of the Insured to
Schedule A, nor any right, title, interest, estate, or easement in
object for reasonable cause) to represent the Insured as to those
stated causes of action. It shall not be liable for and will not pay
abutting streets, roads, avenues, alleys, lanes, ways, or waterways,
but this does not modify or limit the extent that a right of access to
the fees of any other counsel. The Company will not pay any fees,
costs, incurred
— and from the Land is insured by this policy.
"Mortgage":
or expenses by the Insured in the defense of those
causes of action that allege matters not insured against by this policy.
(h) Mortgage, deed of trust, trust deed, or other security
Ib) The Company shall have the right, in addition to the options
instrument, including one evidenced by electronic means authorized
contained in Section 7 of these Conditions, at its own cost, to
by law.
institute and prosecute any action or proceeding or to do any
(i) "Public Records": Records established understate statutes at
other act that in its opinion may be necessary or desirable to
Date of Policy for the purpose of imparting constructive notice of
establish the Title, as insured, or to prevent or reduce loss or
matters relating to real property to purchasers for value and without
damage to the Insured. The Company may take any appropriate
_.. Knowledge. With respect to Covered Risk 5(d), "Public Records"
action under the terms of this policy, whether or not it shall be
shall also include environmental protection liens filed in the records
liable to the Insured. The exercise of these rights shall not be an
of the clerk of the United States District Court for the district where
admission of liability or waiver of any provision of this policy.
If the Company exercises its rights under this subsection, it must
the Land is located,
(j) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
do so diligently.
(c) Whenever the Company brings an action or asserts a defense
matter that would permit a prospective purchaser or lessee of the
as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
Title or lender on the Title to be released from the obligation to
jurisdiction, and it expressly reserves the right, in its sole
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6.17.06 (with Florida Modifications)
discretion, to appeal any adverse judgment or order.
Page 3
CONDITIONS (con't)
6. DUTY OF INSURED CLAIMANT TO COOPERATE
la) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the right
to so prosecute or provide defense in the action or proceeding,
including the right to use, at its option, the name of the Insured for
this purpose. Whenever requested by the Company, the Insured,
at the Company's expense, shall give the Company all reasonable
aid (i) in securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and
(ii) in any other lawful act that in the opinion of the Company may
be necessary or desirable to establish the Title or any other matter
as insured. If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's obligations
to the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representative
of the Company and to produce for examination, inspection, and
copying, at such reasonable times and places as may be designated
by the authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes, and
videos whether bearing a date before or after Date of Policy, that
reasonably pertain to the loss or damage. Further, if requested by
any authorized representative of the Company, the Insured Claimant
shall grant its permission, in writing, for any authorized representative
of the Company to examine, inspect, and copy all of these records
in the custody or control of a third party that reasonably pertain to
the loss or damage. All information designated as confidential by
the Insured Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of
the claim. Failure of the Insured Claimant to submit for examination
under oath, produce any reasonably requested information, or
grant permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited by
law or governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or contin-
ue any litigation.
Ib) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
li) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6.17.06 (with Florida Modifications)
policy. In addition, the Company will pay any costs, attorneys' fees,
and expenses incurred by the Insured Claimant that were authorized
by the Company up to the time of payment and that the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or
damage provided for under this policy, together with any costs,
attorneys' fees, and expenses incurred by the Insured Claimant that
were authorized by the Company up to the time of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b)(i) or (ii), the Company's obligations to the
Insured under this policy for the claimed loss or damage, other than
the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred bythe Insured Claimant who has suffered
loss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the
value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was made by
the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company
will also pay those costs, attorneys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of access
to or from the Land, or cures the claim of Unmarketable Title, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not
be liable for any loss or damage caused to the Insured.
lb) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability
for loss or damage until there has been a final determination by a
court of competent jurisdiction, and disposition of all appeals,
adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
Page 4
CONDITIONS (con't)
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
pays under any policy insuring a Mortgage to which exception is taken
in Schedule B or to which the Insured has agreed, assumed, or taken
subject, or which is executed by an Insured after Date of Policy and
which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made
within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights of
the Insured Claimant in the Title and all other rights and remedies
in respect to the claim that the Insured Claimant has against any
person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company. If requested
by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and remedies.
The Insured Claimant shall permit the Company to sue, compromise,
or settle in the name of the Insured Claimant and to use the name
of the Insured Claimant in any transaction or litigation involving
these rights and remedies.
If a payment on account of a claim does not fully cover the loss of
the Insured Claimant, the Company shall defer the exercise of its
right to recover until after the Insured Claimant shall have recovered
its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance, or
bonds, notwithstanding any terms or conditions contained in those
instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant tothe Title
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both the Company and the Insured at
the time of a controversy or claim. Arbitrable matters may include, but
are not limited to, any controversy or claim between the Company and
the Insured arising out of or relating to this policy, and service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. Arbitration pursuant to this policy and
under the Rules in effect on the date the demand for arbitration is
made or, at the option of the Insured, the Rules in effect at Date of
Policy shall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the Land is
located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim whether or not based on
negligence shall be restricted to this policy.
Ic) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not (i) modify
any of the terms and provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance.
16, SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid, but
all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests
in real property and applicable to the interpretation, rights, remedies,
or enforcement of policies of title insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law principles to deter-
mine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given to
the Company at 400 Second Avenue South, Minneapolis,
Minnesota 55401-2499, Phone: 612-371-1111.
Page 5
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Owner's Title Insurance Policy
Note: This policy consists of insert pages labeled "Schedule A" and "Schedule B" and is of no force or effect unless all
schedules are included, along with any Rider pages incorporated by reference in the insert pages.
SCHEDULE A
Agent's File No: 41078318
Policy No: OXFL-08033519
Effective Date: August 11, 2011 at 2:55 PM
Amount of
Insurance: $ 1,000,000.00
Address:
1. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is:
Indian River County, a political subdivision of the State of
Florida
2. In addition to those referred to in Schedule B hereof, the land herein described is encumbered
by the following mortgage(s), and assignments thereof (if any):
None!
3. The land referred to in this policy is situated in the County of Indian River, State of Florida,
and is described as follows:
Portions of Dodgertown and Dodgertown Parcel 3-A, situated in the State of
Florida, County of Indian River, City of Vero Beach, and being part of Section
3, Township 33 South, Range 39 East, and being more particularly described as
follows:
Commencing at the Northwest corner of Section 3, Township 33 South, Range
39 East; thence South 001 00'47" West along the West line of said Section 3 for
a distance of 887.01 feet; thence South 89° 45' 39" East for a distance of 50.00
Pol I - Policy Insert Page 1
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Owner's Title Insurance Policy
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 Records
Book 1961, at Page 968, of the Public Records of Indian River County, Florida;
thence South 891 45' 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
feet to a point on the North line of said Parcel 3A; thence continue South 89" 45'
39" East along the North line of said Parcel 3A for a distance of,437.69 feet to
the Point of Beginning; thence from said Point of Beginning continue South 89°
45' 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 run South 631 53' 04" East for a
distance of 326.67 feet to a point on the East line of Dodgeirtown Parcel 3A;
thence South 181 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 691 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.
Countersigned:
Au ed Signatory
ATLANTIC COASTAL LAND TITLE COMPANY, LLC
3850 20`h Street, Suite 4, Vero Beach, Florida 32960
_ Telephone: 772-569-4364
Pol l - Policy Insert Page 2
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Owner's Title Insurance Policy
Agent's File No: 41078318
Policy No: OXFL-08033519
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of-
GENERAL
f
GENERAL EXCEPTIONS:
1. (a) Any encroachment, encumbrance, violation, variation, or adverse circumstances affecting the Title
that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land
of the existing improvements located on adjoining land.
(b) Easements, or claims of easements, not shown by the public records.
(c) If the land described herein abuts a river, lake, stream or other waterway --- the nature and extent of riparian
and/or littoral rights, title to any portion of the land which is submerged, title to any portion below the mean high water
mark of a tidal waterway, and title to any portion which consists of "filled-in lands"; and/or any claim that any portion
of said lands are sovereign lands of the State of Florida.
(d) Taxes or special assessments which are not shown as existing liens by the public records.
SPECIAL EXCEPTIONS:
2. The mortgage referred to in item 2 of Schedule A hereof, if any.
3. General and special real property taxes and assessments for tax year 2011 and subsequent years.
4. Restrictions and reservations contained in that certain deed from the City of Vero Beach,
a municipal corporation, to Dodgertown, Inc., as recorded in Official Records Book 210, at
Page 531.
5. Terms and provisions of that certain Facility Lease Agreement recorded in Official Records
Book 1426, at Page 567; together with First Amendment recorded in Official Records Book
1758, at Page 529.
6. Declaration of Covenants, Conditions, and Restrictions between Los Angeles Dodgers, LLC,
a Delaware limited liability company, and the City of Vero Beach, a municipal corporation of
Pol l - Policy Insert Page 3
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Owner's Title Insurance Policy
the State of Florida, as recorded in Official Records Book 1961, at Page 978; as amended by
instrument recorded in Official Records Book 2517, at Page 559.
7. Terms and provisions of that certain Collateral Development Agreement between Los
Angeles Dodgers, LLC, a Delaware limited liability company, and Vero Acquisition, LLLP,
a Florida limited liability limited partnership, as recorded in Official Records Book 1426, at
Page 596; together with First Amendment to Collateral Development Agreement, as recorded
in Official Records Book 1758, at Page 516; and together with Second Amendment to
Collateral Development Agreement, as recorded in Official Records Book 1961, at Page 985.
8. Easement between Dodgertown Venture, LLLP, a Delaware limited liability partnership,
and Indian River County, Florida, for drainage and stormwater purposes, as recorded in
Official Records Book 1758, at Page 540.
9. Declaration of Easements for Parking between Los Angeles Dodgers, LLC, a Delaware
limited liability company, and Vero Acquisition, LLLP, a Florida limited liability limited
partnership, as recorded in Official Records Book 1426, at Page 623.
10. Terms and provisions of that certain Interlocal Agreement between the City of Vero Beach
and Indian River County, as recorded in Official Records Book 1353, at Page 971; together
with First Amendment to Interlocal Agreement, as recorded in Official Records Book 2517,
at Page 582.
11. Terms and provisions of that certain Parking License Agreement, as recorded in Official
Records Book 2517, at Page 568.
12. Resolution #2011-034 by the Board of County Commissioners of Indian River County,
Florida, as recorded in Official Records Book 2517, at Page 555.
13. Terms and provisions of an unrecorded Facility Lease Agreement between Indian River
- County and MiLB Vero Beach, LLC, dated May 1, 2009; and together with First Amendment
to Facility Lease Agreement recorded in Official Records Book 2517, at Page 588.
14. Terms and provisions of that certain unrecorded Property Exchange Agreement between
Indian River County and the City of Vero Beach.
15. Notwithstanding the insuring provisions hereof, this policy does not insure legal ingress
and egress from the land insured hereby to or from 26th Street (Aviation Boulevard), or Flight
Safety Drive. It is further noted that legal ingress and egress is provided across those lands
Pol I - Policy Insert Page 4
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Owner's Title Insurance Policy
previously acquired by the insured, being known as the Dodgertown "Facility Property" to
the abutting public road known as Airport Drive.
In accordance with Title 42 United States Code, Section 3604, any covenants, conditions or restrictions referred to
herein, which indicate any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial
status or national origin, are hereby deleted.
Note 1: This policy does not insure against loss or damage arising as the result of unpaid charges for public utilities
furnished by any county, municipality, or public service corporation, which may be or may become a lien upon the land
insured hereby under any provision of the Florida Statutes including Section 159.17; and/or any county, municipal, or
special taxing district assessment, including those levied under the provisions of Chapter 190, Florida Statutes.
Note 2: All references herein to recorded instruments, refer to recordations contained within the Public Records of the
county in which the land is located. Reference to instruments among the Public Records refer to the first recorded page
of the instrument, but include by reference all pages recorded under the Clerk's File Number assigned to the instrument
referred to.
Pol l - Policy Insert Page 5
2157029 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2517 PG: 551, 08/11/2011 02:55 PM DOC STAMPS D $0.70
Parcel Exchange VBSV
Instrument prepared by and should be
returned to the County Attorney's Office
1801 27'" Street, Vero Beach, FL 32960
CITY1 DEID
VERO BEACH. H. F OF
THI �Mt,--mmaeL,!( as f t ' 1 Jur%, 2 , b the CITY R ACH,
a Flort
Jun
corpo 'on, se ad 20th Plac h, FL
32960 ("GRANTOR"), and Indian River County, a political subdivision of the State of
Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 ("GRANTEE"),
GRANTOR, for and in consideration of the sum of Ten Dollars, and other good and
valuable consideration, to it in hand paid by GRANTEE, receipt of which is hereby
acknowledged, has granted, bargained, and sold to GRANTEE, its heirs and assigns
forever, the following described lands lying and being in Indian River County, Florida:
SEE EMEW "All AfrTACH
IN TNEZ-WH
name its City
_ above.
A PAR
P.
_, GFAAIIS1Fi hqd cau tfi+ese-..presents to P"xe6jWq in its
a6fiQ by the,Mlayor Of said Couijbil, the daY and year set forth
CITY OF VERO BEACH, FLORIDA
L
BK: 2517 PG: 552
by toe I�p'dian Rivei�Cc�unt�i,2nvevanci
ida, as
is a th rized to acc t t s
Attest: J.K. Barton, Clerk
By MUg� S1. 4Z4,
Deputy Clerk
(Official Seal)
ver ri is reb cc ed
I y tYRIVER
f th un r ' ne , who
I DIUNTY, LO IDA
Ry;ts Boa nty rs
By
Bob Solari, Chairman
BCC approved: May 3, 2011
BK: 2517 PG: 553
BIT " "
DES RIPTION
Property Description
Dodgertown
(#2010-20)
November 8, 2010
LTownship
r u c3EK W ND DG PAC 3-Aef F rida, County f In ian ver, i y of V Beach, a bei g a part of
Sectiu nge 39 Eas an being mo arly bounded nd escribed as
followNorthw t corner of ection 3 Township 33 outh, Rang 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;
CMr
outh °1 '21" t for a dista a of 8 00EA
No h line o said arcel 3 ;
ontin S ut 890 5'39" Eas alo the id arce 3A r dis nce of
437.6e Point a nni g;
om the Poin of eginning co inu �Sout st along the ort line of said
Parcestance 468 5 et to the N he t corn ;T ce South 63° '04" t for a dista a of 32 .67int on the E st line of Dod ertown
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;
S arcel co ain'ng 519 square t or 11. acres.
Said Orcshall be
impro em nt projects
S:1Property Description s12010\2010.20 Dodaertown Portions 8 3A Nov 8 2011
Sheet 1 of 2
BK: 2517 PG: 554
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