HomeMy WebLinkAbout2011-023OZ/0 i/11
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PROPERTY EXCHANGE AGREEMENT A►�a sec'Reaa zo��•ao,)
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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 27th Street, Vero Beach, Florida 32960
("County") and the CITY OF VERO BEACH, a municipality of the State of Florida, 1053 20th
Place, Vero Beach, Florida 32960 ("City") as follows:
WHEREAS, 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 26th 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 wy 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 26th Street and north of Holman
Stadium, and a 4.6 acre site north of 26ffi 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 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. 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. Convevance 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`h 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 parry;
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 ees.
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 your 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
BY: ��-
Deputy Clerk
Approved:
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
• ••aVs/Q�/••s
.• via•''
By. A-&�Gl-
JoseINh
A. Baird
County Administrator
Attest:
cs: A"Ora- 4
Solari, Chairman
Approved: Rahruaryl , 2011
as to form and legal sufficiency
By:
Alan S. Polackwich, Sr.
County Attorney
CITY OF VERO BEACH, FLORIDA
BY:I k r%% frm h Y
Tammy ock
City Clerk
Council Approved:
Approved as conforming to
municipal poli y:
By:
Monte Fa is
Interim City Manager
J gamer, Mayor
Approved as to form and legal sufficiency:
By:
Char e Vitunac s%r. ct`� *r1
City orney
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 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 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
improvement projects as required.
David R
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 00°00'47" 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 00°14'21" East for a distance of 85.00 feet;
Thence North 89045'39" West for a distance of 35.00 feet;
Thence North 00014'21" East along the West line of said Parcel 2A for a distance of 857.00 feet to
the Point of Beginning;
Said Parcel containing 452,042 square feet or 10.38 acres.
Said parcel shall be subject to stormwater easements for the 43rd Avenue and Aviation Boulevard
improvement projects as required.
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David R. Gay, PSM #
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