HomeMy WebLinkAbout2011-034COUNTY ATTORNEY'S OFFICE
INDIAN RIVER COUNTY
1801 27th Street
Vero Beach, Florida 32960
RESOLUTION 2011- 0 3 4
2157030
THIS DOCUMENT HAS BEEN
RECORDED IN THE PLII3LIC RECORDS
OF INDIAN RIVER COUNTY FL
BK 2517 PG.555, Pagel of 4
08,11 /2011 at 02:55 PM,
1, r rREv 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
F: IAnorneylAlnnlDodgell—Dpcu 1.0 WRITTEN CONSENT RESOLUTIONd— 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 wheel e_r ,
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 Aye
The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of
May, 2011.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By •
Bob Solari, Chairman •.•'oQ•.•••� •io ,
ATTEST: Jeffrey K. Barton
Clerk of Court
y
By: Deputy Clerk •,�•`�pCOUt�t'l;''�+•
MrnrO •
Approved as to form and legal sufficiency.
By: ter.
Alan S. Polackwich, Sr., County Attorney
F:Ul1omeyW-0,dge,1—Docume 1WR/TTEN CONSENTRESOLUT/ONd— 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 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 69°22'53" West for a distance of 898.97 feet;
Thence North 02°50'58" West for a distance of 830.37 feet to the Point of Beginning;
Said Parcel containing 519,743 square feet or 11.93 acres.
Said parcel shall be subject to stormwater easements for the 43`d Avenue and Aviation Boulevard
improvement projects as required.
i
ZE
David R. Gay, PSM #59
trv.\6
SAProperty Descriptions\201012010-20_Dodgertown Portions 8 3A—Nov 8 2010.doc� prafoss�0� e'�.
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