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HomeMy WebLinkAbout2018-2533120180073359 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3168 PG: 1180 Page 1 of 16 12/62018 9:56 AM D DOCTAX PD $0.70 This instrument prepared by: Record and return to: Kevin M. Barry, Esquire ROSSWAYSWAN TIERNEY' BARRY LACE & OLIVER, P.L. Attorneys at Law 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960 Telephone: (772) 231-4440 ACCESS & UTILITIES EASEMENT THIS ACCESS & UTILITIES EASEMENT is executed on the dates set forth below by and among STAR SUITES BY RIVERSIDE THEATRE, LLC, a Florida limited liability company, whose address is 3250 Riverside Park Drive, Vero Beach, Florida 32963 (hereinafter referred to as "Grantor"), DT COMMONS, LLC, a Florida limited liability company, whose address is 3001 Ocean Drive, Suite 203, Vero Beach, Florida 32963 (hereinafter referred to as "DT"), and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1801 27th Street, Building A, Vero Beach, Florida 32960 (hereinafter referred to as "I.R.C.", and collectively with DT the "Grantees" and each individually a "Grantee"). Each of Grantor, DT and I.R.C. may be referred to herein as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain property (hereinafter referred to as the "Roadway Property") in Indian River County, Florida, which is legally described as set forth in EXHIBIT "A" attached hereto and incorporated herein by reference, Parcel ID No. 32-39- 26-00011-0210-00001.4; WHEREAS, DT is the owner in fee simple of certain property (hereinafter referred to as the "DT Property") in Indian River County, Florida, which is legally described as set forth in EXHIBIT "B" attached hereto and incorporated herein by reference, Parcel ID No. 32-39-26- 00011-0210-000001.2; WHEREAS, I.R.C. is the owner in fee simple of certain property (hereinafter referred to as the "I.R.C. Property") in Indian River County, Florida, which is legally described as set forth in EXHIBIT "C" attached hereto and incorporated herein by reference, Parcel ID No. 32-39-26- 00011-0230-000001.0; WHEREAS, the Parties desire Grantees to have certain access and utility rights over the Roadway Property, on the terms and conditions set forth herein. NOW THEREFORE, for valuable consideration, in hand paid and received, including the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. The above recitals are affirmed as being true and correct and are hereby incorporated herein by reference. Page 1 of 6 2. Grantor does hereby give, grant, and convey to Grantees a non-exclusive easement for purposes of ingress to and egress from and regress over the Roadway Property. The parties hereto acknowledge and affirm that the express intent of this provision, and the easement granted hereby, is to grant access to each of the Grantees, and to each of their respective successors and assigns, including successors in title and tenants, guests, and invitees of the DT Property and I.R.C. Property, respectively, over and upon the Roadway Property. 3. Grantor does hereby give, grant, and convey to Grantees a non-exclusive easement, for purposes of connecting to existing utilities, to place, construct, operate and maintain utilities serving the DT Property and I.R.C. Property with water, electric, gas, sewer, storm water and all such other utilities as may be necessary or desirable, upon the Roadway Property connecting to the stormwater, utilities and sewer line easements reserved by the City of Vero Beach, Florida in Official Records Book 989, Page 2717, Official Records Book 1053, Page 2976, and Official Records Book 210, Page 561, of the Public Records of Indian River County, Florida, as may be amended and restated from time to time. 4. The Parties agree to exercise the access and utility rights granted hereunder in a reasonable manner so as not to unreasonably interfere with the reasonable use of the Roadway Property by such Parties, so as not to damage any improvements thereon, and to correct or repair damages caused by or through the granting of the utility rights hereunder. 5. Nothing contained herein shall, in any way, be deemed or constitute a gift of or dedication of any portion of the Roadway Property to the general public or for the benefit of the general public whatsoever, it being the intention of the Parties that this grant set forth herein is limited to and in utilization of the sole purposes expressed herein and only for the benefit of the Parties herein named, including each of their respective successors and assigns, including successors in title and tenants, guests, and invitees, of the DT Property and I.R.C. Property, to the extent stated herein. Notwithstanding the legal descriptions as described herein, the DT Property and Roadway Property are intended to be contiguous and there is expressly no granting of an easement or any other rights by DT to any other party hereto over or in relation to the DT Property by this Agreement. 6. Each of the Grantees hereby indemnifies and holds harmless Grantor from any and all actions, causes of actions, claims, liabilities, demands and losses of any kind whatsoever which may be filed or made against Grantor by reason of such respective Grantee's negligent use of the Roadway Property, including, without limitation, the negligent use by such Grantee's tenants, guests, and invitees, except for any claims arising out of or resulting from intentional or negligent acts on the part of Grantor. Notwithstanding anything to the contrary set forth herein, IRC's liability shall only be to the limits set forth in section 768.28, Florida Statutes, and shall exclude the negligence of third parties. 7. The terms and conditions hereof shall run with the Roadway Property, the DT Property and the I.R.C. Property and shall inure to the benefit of and be enforceable by each of the Parties, and each of their respective legal representatives, successors, and assigns, and each of the Parties shall have the right of action to enforce by proceedings at law or in equity all conditions Page 2 of 6 and covenants imposed by the provisions hereof, or any amendment thereto, including the right to prevent the violation of such conditions and covenants and the right to recover actual damages for such violation (but not consequential or punitive damages). 8. No compensation or other payment shall be exchanged by and between any of the Parties for the easements, rights of use, and licenses granted by this Agreement. 9. 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. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. 10. This Agreement contains the entire agreement and understanding between the Parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any Party hereto. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any dispute hereunder shall be in Indian River County, Florida. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on a parity as between the Parties. There shall be no canon of construction for or against any Party by reason of the physical preparation of this Agreement. 11. 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 said declaration of illegality or unenforceability does not destroy the intent of the parties, as set forth in this Agreement. 12. The Parties hereby knowingly, voluntarily, and intentionally, waive trial by jury in any action brought by one against the other in connection with any matters arising out of or in any way connected with this Agreement. This waiver shall apply to any original claim, counterclaim, cross claim, or other claim of any kind asserted by any Party in any such action. No Party, nor any representative of such Party, including counsel, has represented to any other that it would not seek to enforce this waiver of right to jury trial in any such action. The Parties acknowledge that the provisions of this section are a material inducement to their entering into this Agreement. 13. This Agreement shall be recorded in the Public Records of Indian River County, Florida. [Signature Pages Follow] Page 3 of 6 IN WITNESS WHEREOF, the undersigned have caused these presents to be executed on the dates set forth below. Signed, sealed and delivered in the presence of: /�'` amt C `- ame: (N STATE Org 0) ss: COUNTY OF T "GRANTOR" STAR SUITES BY RIVERSIDE THEATRE, LLC, a Florida limited liability company By: Name: az E S Its: I, anofficerauthorized to take acknowledgments according to the laws of the State of duly qualified and acting, hereby certify that __ _i o 'j- %---- , as Cco of STAR SUITES BY RIVERSIDE THEATRE, LLC, a Florida limited liability company, to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that said person executed the same for the purposes therein set forth on behalf of said limited liability company. I further state that eck one) I have examined the current driver's license of the aforesaid person, or ✓ I am familiar with the identity of the aforesaid person, and have confirmed said person's identity. IN WITNESS WHEREOF, I hereunto set my hand and official seal at the said County and State, thiq�I;Nay of 1 10 c-.. �, 2018. My commission ex ires: 3I z 2ozk NOTARY PUBZ, State of e s, Page 4 of 6 (Affix Seal) T :eye •.; ALAN LAFORGE ;A MY COMMISSION # GG 067849 -w; EXPIRES; March 22 2021 sr;oi it°: Bonded Thru Notary Public Undw*Tftam Signed, sealed and delivered in the presence o£ reflr' rlrdurm (Name. rw� S �urae l I ) STATE OF fl0L &a COUNTY OF _Ina I a/,) 'Z iv-ee- ss: "DT" DT COMMONS, LLC, a Florida limited liability company By: Name: Its: C,oI, an officer authorized to take acknowledgments according to the laws of the State of �ort , duly qualified and acting, hereby certify that 'hjornrlCa.S L. Cort- , as f DT COMMONS, LLC, a Florida limited liability company, to me known to be the pers n described in and who executed the foregoing instrument and who acknowledged before me that said person executed the same for the purposes therein set forth on behalf of said limited liability company. I further state that (check one) I have examined the current driver's license of the aforesaid person, or ✓ I am familiar with the identity of the aforesaid person, and have confirmed said person's identity. IN WITNESS WHEREOF, I hereunto set my hand and official seal at the said County and State, this A�' day of Noyeen b(,- , 2018. My commission expires NOTARY PU C, State of Flo�;dc. � J 1 b,, �'��� (Affix Seal) IMBKIMBERLY KAYE CHASE Notary Public . State of Florida Commission p GG 237469 My Comm. Expires Nov 4, 2022 d through National Notary Assn. E Page 5 of 6 "I.R.C." INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Q 490 "b Deputy Clerk By: I Peter D. O'Bryan, Chaifman Board of County Commissioners BCC approved: November 13, 2018 Approved as to form and legal sufficient By: D n Reingold, County Attorney STATE OF FLORIDA ) ) ss: COUNTY OF INDIAN RIVER ) The foregoing was acknowledged before me this 13th day of November , 2018, by Peter D. O'Bryan, as Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, who is e onallwn to e. ,po Notary Public State of Florida NOTARY LIC Misty L. Pursel Misty L. Pursel Seal QY My Commission GG188oeaM Commission No.: GG 166068 �' Expires 01111/2022 y Commission Expires: 1/11/2022 FABarry\Corporate\Riverside Theatre\Star Suites by Riverside Theatre, LLC\Access Easement (DT & IRC).docx Page 6 of 6 Droving name: K:\VRB._LDEV\047504002 Actor's V11lage\CAD\Exhibits\Access Easement\ACCESS EASEMENT 09-25-18.dwg 1 OF 2 Sep 26. 2018 10.42am by. ryon.schulz LihvM,MfgiM.v<qn Nripn Yv.'M!Mnwnik�Jw�RL•ixvAJ N4 kiwi WW w0W Y—i.w f,p"IrvJn Mw rr wf\4rs1 rerl wllu aAfirR,. kfMfk —i—w6 rc—k~WI!b..'M -kalat L=81.90' R=950.00' 11=004 56 22" CH8=S8155'27"E CHD=81.87' SOUTHWESTERLY EXTENSION OF THE CENTERLINE OF FLIGHT SAFETY DRIVE (F.K.A. AVENUE C) NORTH 6RAPMC SCALE 1N I ��ViArlotVOoUtEVARD PARCEL ID: 32392600011021000001.2 N20 21 '06'E / 532.58' I / 4001 Il l P.O.B. P.O.C. ACCESS EASEMENT ACCESS 44735 SQ FT EASEMENT 1.03 ACRES FD CM W/ DISC SOUTH LINE "DENT & OF SECTION ASSOC." 34-32-39 j4 (BASIS OF BEARING)S 89'45'39" E 2385.29' 4A3 CANAL "A3" AS SHOWN ON LEGEND PB 2, PAGE 25 A CENTRAL ANGLE N2021'06'E CHB CHORD BEARING 31.95' CHD CHORD DISTANCE L ARC LENGTH P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT R RADIUS F.K.A. FORMERLY KNOWN AS R.O.W. RIGHT OF WAY PB PLAT BOOK FO FOUND CM CONCRETE MONUMENT SQ SQUARE FT FEET SCALE AS NOTED KimfeylMorn DAIE 09/25/18 xvcHEo Br .YtAMN BY © 2013 KBALEY-NORN AND ASSOCIATES, INC. PROJECT NO. RS 443 24TH SWEET. SUFE 200. VEKO BEACN. FL 3290 71ECKED BY PNOW- 772-7N-4100 FML• T72-794-4130 047504002 ECD WWWJOYIEY-HOBN.00M / / SOUTH R.O.W. LINE / PARCEL ID: 32392600011031000001.2 S20 21'06"W 552.64' - STAR SUITES BY RIVERSIDE THEATER, LLC 32392600011021000001.4 PARCEL ID: 32392600011031000001.0 PARCEL ID: 32392600011031000001.3 N89 45'39"W PARCEL ID: 85.20' 3239260001102300001.0 7his certifies that o legal description and sketch of the properly described hereon was mode under my supervision and that (his legal description and sketch meets the standards of practice set forth by the norido Board of Professional Land Surveyors in Chapter 5J-17, Rondo AdrnInlsfrotive Coda pursuant to Section 472.027, Rorido Statutes. Subject to no nal notations shown hereon. E.C. DEMETER P.S.M. No. 5179 Y ^��' I ^ OA TE CS.C7 NOT VALID WTHOUT WE StONA7URE AND THE ORIGWAL RAISED SEAL OF TH£ iLOR10A LICENSED SURVEYOR AND MAPPER ABOVE. ACCESS EASEMENT EXHIBIT ACTORS VILLAGE11 A Drowing nome: K:\1420_L0EV\047504002 Aclor's Village\CAD\Exhibits\Access Foe cnt\ACCESS EASEMENT 05-J5- tA.nwn 7 nr 7 cam., 7A 7ntR fo-n7.,.., w.. ..�.. __... f taennf. 4pf.[ ypt n1 NW Is n'A, e n f ro'G Wuu a� of mp;{e �� e a P� eet'ncf .1M4 .41n Pe+Pma of t t a6yll:n H [tkt,-Psn sa 4tr.Nt 1.A M �fiPl N:Y, !� LEGAL DESCRIPTION: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND BEING A PORTION OF SECTION 34, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 34, THENCE BEARING SOUTH 89045'39" EAST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF SAID SECTION 34, A DISTANCE OF 2385.29 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID POINT OF BEGINNING BEING ON A LINE THAT IS 40 FEET WESTERLY, AS MEASURED PERPENDICULAR TO THE SOUTHWESTERLY EXTENSION OF THE CENTERLINE OF FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE "C"); THENCE BEARING NORTH 200 21'06" EAST ALONG SAID LINE, A DISTANCE OF 532.58 TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF AVIATION BOULEVARD; SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 950.00 FEET, A CENTRAL ANGLE OF 04056'22", A CHORD LENGTH OF 81.87 FEET, A CHORD BEARING OF SOUTH 81055'27" EAST; THENCE, EASTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 81.90 FEET TO A POINT; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE BEARING SOUTH 20'21'06" WEST, A DISTANCE OF 552.64 FEET TO A POINT; THENCE, BEARING NORTH 89°45'39° WEST, A DISTANCE OF 85.20 FEET TO A POINT; BEARING NORTH 20°21'06" EAST, A DISTANCE OF 31.95 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 44,735 SQUARE FEET OR 1.03 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PLOT sc`n"c A`S° "CITED TED DATE SHEET NUMBERKimle ))\Hor 09/25/18 ACCESS EASEMENT 2 DRAYfJ RY © 2OI6 KIMLEY-HORN AND ASSOCIA,E9. MC. PROJECT No, ACTORS VILLAGE OF R$ 445 24TH STRECT, SUITE 200. VERO BEACH, TL 32960 C�+CCKEO OY PHONE: 772-794-4100 FAX: 772-794-4130 047504002 2 ECD N'AW.KIWLEY-HORN.COLI Page I of 1568856 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1771 PG: 21, 08/12/2004 04:21 PM DOC STAI,iPS D $15057.00 Thi.. Document l"ep—il By and Return to: William W. Caldwoll, Encl. Collins, Brown, Caldwoll. Bark.tt & Caravaglia 756 Boechland Boul®vard Voro Boach, FL 32963 772-231-4343 Parcel tDNombcr: 32-39-26-00011-0210-00001.2 Warranty Deed This Indenture, Made this /OZ> -A duyor August 2004 A.D., Between Dodger -town Venture, LLLP, a Delaware limited liability limited partnership or Aha Cnnnty or Indian River Sut< nr Florida grantor, and DT Commons, LLC, a Florida limited liability company whose add— is: 3001 Oeoan Drive, Suite 203, Vero Beach, FL 32963 .(,h< Cnnmy or Indian River , slate or Florida ,grantee. Witnesseth that du GRANTOR, ror and in consideration orthe sum or O -------'- -TEN DOLLARS ($10) ----------------------- and other good and valuable consideration w GRANTOR in hand DOLLARS, paid by GRANTEE, th< receipt whercor is hereby acknowledged. has jr Rnmed, bargained and sold 1J the said GfLANTEE and GRANTEE'S heirs, successors and assigns fnruver, the foltouing described land, sitwm, w r - lying and Acing in the County oC Indiari River Swtc or Florida w lir. o:u a DODGERTOWN PARCEL 3: c:a N Situated in the State of Florida, County of Indian River, City of Vero Beach, being parts Of Section 34, Township 32 South, Range 39 East, and Section 3, Township 33 South, Range 39 East, and being more �m40 particularly bounded and described as follows: :2 -mo Commencing at the Southwest corner of said Section 34, run South wool 00'14121" West and perpendicular to the ¢ua'South line of said Section � 34, a distance of 30 feet; thence South 89"45139" East sis of bearings) along a line 30 feet South of and parallel with athe said South line of Section 34, a distance of 1183.72 feet to the Point of Beginning of the herein described parcel; thence continue South 89°45'39" East along a line 30 feet South of and parallel with the said South line of Section 34, a distance of 1233.19 feet to an intersection with the Southwesterly extension of the centerline of Flight Safety Drive (formerly known as Avenue "C"); thence continue South 89"45139" East, along a line 30 feet South of and parallel with the said South line of Section 34, a distance of 42.60 feet to a point, said point being 40 feet Easterly as measured perpendicular to the said Southwesterly extension of Flight Safety Drive (formerly known as Avenue "C"); thence North 20°21'06" East on a line 40 feet Easterly of and parallel with the said Southwesterly extension of Flight Safety Drive (formerly known an Avenue "C"), a distance of 552.64 feet to a non -tangent point on a circular curve, said point bears North 10"32044" East from the radius point of said circular curve; thence Southwesterly along said circular curve, concave to the Southeast having a radius of 950.00 feet through a central angle of 36`47'28", for an arc length of 610.02 feet to a point of tangency, said arc tending a chord of 599-59 feet along a bearing of South 82`08'59" West from the aforestated non -tangent point; thence South 63'45116" West, a distance of 974.46 feet to the Point of Beginning; less and except the Southerly 30 feet of the Easterly 80.00 feet thereof. Subject to taxes and assessments for the year 2004 and subsequent Yearn, all conditions, restrictions, limitations and easements of record, including those in Official Record Book 210, Page 541, Public Records of Indian River County, Florida; and all zoning and other governmental regulations, without reimposing same, including, without limitation, the obligations of "Developer' with respect to the subject property pursuant to the Collateral Development Agreement dated August 29, 2001, and recorded in Official Record Book 1426, Page 0596, Public Records of Indian River County, as amended. EXHIBIT ane m< g-1., does hcrcby 11.11Y ..a �nl a,e tiu< to said land, and .,dl d<r<nd d)< --against Iaw it ful elan, or ahers pons Luff t"imervN 4y O pi�d.Y aS+imu, ta.. 3aal Iss» )aJ 333J iwn FL WQ: II \�aI littl)://orl.ind1aii-rivei-.org///Document/GetDocumciitForPrintI'NG/'?request=AQAAANCiM... 6/15/2018 Page 2 of 3 BK: 1771 PG: 22 Warranty Deed- Pagc z Parcel ION—ber: 32-39-26-00011-0210-00001.2 In Witness Whereof, me Fn ntor b_ l,creumo set i¢ hand and seal me day a year erst ,bore w ucn. Signed, scaled and delivered in our presence: Dodgertown Venture, LLLP, a Delaware limited liability limited partnership, by P & S IIi, c., a Florida corporation, its Genera rtner Pr' ted Name: ]3y• (Seal) �rr�a Jo F. Swanson, Vice President t es P. ddress! 3001 Ocean Drlve, Vero Desch, FL 32963 Printed Name• A�jn�' A• Witness STATE OF Florida COUNTY OF Indian River The foregoing instrument was aekaowkdgcd bdorn me this 491111 day of August , 2004 by John F. Swanson, Vice President of P & 3 III, Inc., a Florida corporation, General Partner of Dodgertown Venture, LLLP, a Delaware limited liability limited partnership, on behalf of same he is Personally known to --r he has produced his Florida drive, iCenHe as identificntio o�pav n��! OK TAVOYp aqr sews G ti ' tra�E rimed Name t - E Fo�� ""x""c�ccr exvtaes Notary Pub c pGr, n �Oan My Commission Lxpims. 03-240-7 La,n GmauN by ClFsGlq Sy�c,u, 4.c., 3COl wolf +alaass vw,nruru.: http://ori.iridian-riNrer.org///Document/GetDocuiiieiltForPriiitPNG/?request=AQAAANCM... 6/15/2018 5,0 1 PREPARED BY: 5�} Eric 0. Rapkin, Esq. Hughes Hubbard & Reed LLP 201 South Biscayne Boulevard. Suite 2300 Miami, Florida 33131 In TFE RECORrS OF d'r! !-F.0 K. Br.10C:: CLERK CIR.:UIT COURT INDIAN RIVER CO.. FLA. RESERVED FOR USE BY CLL'RK OF CIRCUIT COURT Page t of 6 DOCUMENTARY STAMPS RECORD A.\D RETC'R\ TO: DEED $ 7 o e u o , oo p Robert C. Reid, Esq. t a Briant; Miller and Olive, P.A. NOTES 201 South Monroe Street, Suite 500 JEFFREY K. BARTON, CLERK Tallahassee, Florida 32301 INDIAN RIVER COUNTY o Propert3• Appraiser's Nos.: Portion of Tax Parcel No. 26-32-39-00011-0230-00001.0: Tax Parcel No. l i Q. 26-32-39-00011.0250.00001.0: Tae Parcel No. 26-32-39-00011.0240.00001-1; and Tae Parcel No. --Q. .0 26-32-39.00011-0240.00001.0 WARRa.STY DEED ria This WARRANTY DEED, made as of this 297" day of f+-9us{ 2001. between LOS ANGELES N N DODGERS, f\C.. a Dcla%are corporation (the-Granioi ). whose address is 1000 Elysian Park Avcoue, Los Angeles, California 90012. and INDLAN RIVER COL1T Y, FLORIDA. a political subdivision of the State of Florida (the "Grantee'). %hose address is 1840 25th Street. Vero Beach Florida 32960. W ITNESSETH: That the Grantor, for and in consideration of the sun of Ten and No 100 (510.00) Dollars to it in hand paid by Grantee• the receipt %hereof is hereby aclnoxlcdeed. has granted, bareatned• sold. and conveyed to the Grantee• and b)• these presents docs hereby grant_ bargain sell, and convey unto Grant -e, i6 su;ccssors arid assigns forever. that cerasin real property hing and bang In the County- of Indian River. state of Florida, as more pamcularly described in E.xhibi, -A.- attached hereto and nude a part hereof tthe'Propcm')_ SLBJEC'T ONLY TO Laces and aiscssmcrts tun the year 2001 and subsequent years. all conditions, restrictions. limitations and cascmcats of record rcticcted in Exhibit -B- attached hereto and trade a part hereof (the'Pctntincd Ewrpnons ), arsd -!I :orunz and other coternmeruil re_ulan us. %rigout reimposing same. And Grantor docs hereby fully %arrant the u;lc to the Property. sub)crt as aforeszid. and xill dcfcrd the same a_ amst the !a% fui dairrs. of all persoas %hartrsoer er. Riehl of Fant Rerival. Gran!or hereby rescrvcs to Itself. a suzccmr and usiens. and the recording of this Wananp• Deed constitutes Grantee's granting of. the right of fust refusal to purchase fix Property from Grantee it the Grantee elects to sell the Property at an) nine dung the -Term- (u s•.rch term is defined in that eerain FuQiry Lease Aelermcni loud as of September 1. 2000 for the Property bcraeen Grantee. as lessor. and Grantor. as lessee (tbc-Lean o Agrmnert'). %high Lease Agreement is Intended !o be recorded arnJn, the Pubic Records of Indian River County. Florida folio%tnrg the recordation of &.is Warrann• D-cdl. If Grantee so elects to sell the Property during the Term of the Lease � Al--rccrncoL the Grantor shall traye a fu-, nth: of refusal to the Propcm• and all unp;ovcn=ts located thereon v icollt,nsely, the -Fa;rlin-1 for the b%cit Purzhase Price Ab-,Zh :!re Granite 'AOUld accept (rem a third pam•. The Grantee ON shall not sell the Fa:ihtp 10 any thud pari Junng the Term las dcftaed to the Lease .aereemrnt) until the Grantor hu bccn giv cn urmcn nonce of the pu:z!use price and as o„v rtt.:ty to ; t::chise :hc Facility for suzh price. This right of fust re{ASAI Shull be cver;rsablr as folio%s O cn C.il EXHIBIT http://ori.indian-river.ol-g///Document/GetDocumentForPrintPNGI?request=AQAAANCM... 6/15/2018 Grantee shall notify Grantor of a bona fide offer received by Grantee to sell the Facility, which offer is acceptable to Granrec and which offer shall include a cenificauon by Grantee that the purchase price set forth therein is the lowest purchase price which the Grantcc Hould accept from a Burd party. (Grantee shall not lx required to obtain an executed purchase and sale agreement in order to activate chis right of first refusal. Grantee need only present the terms and conditions of such bona He offer to Grantor as set forth in a signed Icner of intent or similar proposal between Grantee and a third party.) Grantor shall then have sixty (60) days within which to notify Grantee in wnpng of Grantor's election to purchase the Facility on the same terms and conditions as such bona tide offer. If Grantor timely elects to ptuchase the Facility, then the panics shall enter into a purchase and sale agreement reflecting the business terms of such bona fide offer. If Grantor fails to so notify- Grantee ssifhin such sixty (601 day period, then die richt of fust refusal With respect to such bona fide offer shall be deemed to be waited by Grantor and of no further force or effect. This right of first refusal shad be a covenant running with the Property. An Affidasit executed by a duly authorized official on behalf of the Grantee and recorded in the Official Records which sets forth with spccifici4• that the Grantee has provided the foregoing certification and that rite Grantor has not provided lint ly "Miter notice of Grantoi s election and drat a copy ortlu Affidavit Was provided to Grantor at least ten (10) business days prior to its recordation shall be conclusive evidence that the foregoing right of refusal has not been exercised. Repurchase Option. In addition to the richt of first refusal set forth above. Grantor hereby reserves to itself. its successor and assigns, and the rccordin2 of this "'aranty Decd constitutes Grantee's granting of, an option to repurchase the Facility ar its then fair market value (such fair marker value to be determined in the manner described below), whether or not the Grantee desires or has offered to sell the Facility ro a third party, at any time atter rhe Bonds las such terrn is defined in the Lease Agreement) have been retired, and continuing until the expiration or earlier Iemunation of the Term (as defined in the Lease Agreement), provided that the Grantor is still the lessee under the Least Agreement at the hnK of such repurchase. this repurchase option shall be a coverunt running tsith the Propem. For purposes of a rcptuchase of The Facility by the Dodgers pursuant to this rcpt:rchase option. the then fair market %aIuc of the FacdaR• shall be determined by the following procedure! 1:11 The Grantor and Grantee shall each sc feet an utdcpcndcnt .M A.1. appraiser. (b) The appraisers selected by the Grantor and Grantee shall then select a third appraks r (th: 'Independent Appraiser'). Tie [ndcpcnient Appraiser shall d:tcrmine the then fair r:wket value of rbc Faciliry using the highest and best use rrtthod. Neither the forecoing n_h: of first refu_:t) no, the Coreeome r-pwchasc option are assignable separate and apart from the Lease Agreement. if the Lcasc Acrccn:-,t is assign -d pursuant to Section 12.01 of the Lease Araeertnent then the richt of first refusal and die re. urchax opnon shall h issIencd to eic y,icnee as pan of:hc assigrurxnt of the Lease Ag:eerxni. IN WITNESS WHEREOF. the Grzn:or his caused this Warranry Deed to be executed as of ttr_ day and vcu first abose ssnrten. WITNESSES: L,4,/, - Print Namc F•'t Pru t Namcd k (r) —CA -V--5, k t, l~ LOS ANGELES DODGERS. INC.. a Delaware corporation T::;r Gia :;Jri addre55 i t_L.:ra'cd_ ter.: e:� xst pa;cJ 1,ti0 Elysian Park A%cnuc Los Anzc;cs. Ciltforrua 90012 Page 2 of 6 litip://ori.inclian-riveF.ora///Document/CretDOcumentPorPrintl'NU/?Fecluest=AQAAANCM... 6/15/2018 STATE OF koCIp.4 ) )ss: COUNTY OF :%:LA2v M tisiL) The foregoing idtrtunent was acknowledged before me this 0A- dap of / z�fif- 2001, by C";) g- (411— , as ✓IAC ?Iffike it of LOS ANGELES DODGERS, INC., a Dclaware corporation, on behalf of the corporation. He -She is personally known to me or produced a valid driver's license as identification. Notary Public Print name: Sly commission expires: KI3M-419 Page 3 oi' 6 http://ori.indian-river.orglHDocumentIGetDoctimentForPrintPNGI?request=AQAAANCM... 6/15/2018 Page 4 or 6 EXHIBIT "A" LEGAL DESCRIPTION PARCEL I -C (COMBINED PARCELS 1 AND 2) 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 89'45'39" WEST. A DISTANCE OF 1997.62 FEET TO A POINT: THENCE SOUTH 04'15'11" WEST. A DISTANCE OF 30.07 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT DRIVE (A/K/A 34"' AVENUE, A 90 FOOT RIGHT-OF-WAY) SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 10'36'49" WEST. A DISTANCE OF 37.55 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 1125.14 FEET AND A CENTRAL ANGLE OF 09'30"08": THENCE SOUTH ALONG, SAID CURVE, A DISTANCE OF 186.60 FEEl': THENCE SOUTH 20`06'57" \\'EST. 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 CEN i RAI. ANGLE OF 19-54'25"; 1 HENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 634.38 FEET. TIiENCE SOUT)100'12'32" \N'E'ST. A DISTANCE OF 55.06 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF INDIAN RIVER FARNIS DRAINAGE DISTRICT VAIN CANAL (300 FOOT RIGHT-OF- WAY): THENCE ALONG SAID NORTHERLY RIGHT-OF-\t'AY LINE SOUTH 69=22'533" WEST. A DISTANCE OF 482.50 FEET: THENCE NORTH 15'i0"35 - 5`50"35"'WEST. WEST iA 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 PAR-ALLEL AND 50.00 FEET NORTH OF SAID MAIN CANAL. NORTH RIGHT-OFAVAY LINE, A DISTANCE OF 1001.21 FEET: THENCE NORTH 18` 15"'6" WEST. A DISTANCE OF 386.46 FEET: THENCE' NORTH 63=51'04" WE -ST. A DISTANCE 01: 476.06 FEET: THENCE NORTH 89'45'39" WEST. A D1STANC1: OF 414.56 FEET: THENCE NORTH 00114'21" EAST. A DISTANCE 01= 876.8' FEET TO A POINT 30.00 FEET SOU"THERLl' OF THE NORTH LINE OF SECTION 3, TOWNSHIP 33 SOUTH RANGE 391:_\S 1': THENCE SOUTI i 59=45"39" EAST :11 ONG :1 I_INI: BEING 30.00 FEET SOUTHERL)- OF AND PARALLEL WITH SAID SECTION LINE. A DISTANCE OF 2557.93, FEET OT THE POINT OF BEGINNING. z CONTAINING 61.75 ACRESMORE OR LESS. N c� 0 <.n ul co htip://ori.indian-river.org///DocumentlGetDocunientForPrintPNG/?request=AQAAANCM... 6/15/2018 EXHIBIT "B" PERMIT-I'ED EXCEPTIONS (1) Encroachments, overlaps, boundary line disputes, or other manets which would be disclosed by an accurate survey and inspection of the premises. (2) Any claim that any portion of said lands are soverciun lords oithr State of Florida, including submerged, filled or artificially exposed lands and lands accreted to such lands. (3) Taxes and assessments for the year 2001 and subsequent years. 4) Easement granted to CITY OF VERO BEACH. FLORIDA, filed in Official Records Book 210, page 561. (5) Easement Deed granted to CITY OF VERO BEACH. FLORIDA, recorded in Official Records Book 210, page 572. (6) Restrictions and easements contained in that certain Special Warranty Deed filed in Official Records Book 210. page 511. (7) Restrictive covenants. conditions. restrictions, stipulations and easements contained in Official Records Book 210. page 541. (S) Road. ditch and caul rights of sway as shown on plat of Indian River Farms Co., recorded in Plat Book 2, page 25. of the Public Records of St. Lucie County, Florida. (9) Rights of way and casements for drainage canal as conveyed to Indian River Farms Drainage District in Deed Book 4S. page 23, Public Records of St. Lucie County, Florida. (10) Commercial Lease Agrccmeni by and between the CITY OF VERO BEACH. Tenant, and THE LOS ANGELES DODGERS. INC.. Landlord, filed in Official Records Book S%5, page 2422. (11) All terms and conditions of existing unrecorded !cases and all rights thereunder of the lessees and any person claiming by, tl:nourh. or undcr s=ad lessees. ( 1'_) Right of Waw of Acro Lane. (I.) Furure right of way of Route 60 Bypass over that portion ly big within 50 feet of the \onhcrly right of way line of the Indian Rts cr Farms Dratriace District's Main Cwul. (141 Terra Arid ccnditioa of ryut certain Eascmcmt Deed by CITY OF VERO BEACH. to DODGERTO1%N. INC.. ft!ed in Official Rezords Book 210. pace 544_ and that certain pcnnit by the Indian River Farms Drainage District filed in Official Records Book 211. pace 649, warding the ryhi to drain water from a suumunc pool. (15) Eascurms as set out and :cscr,cd by the CITY OF VERO BEACH. FLORIDA in that certain Quit -Claim Deed frlcJ in Official Records Boil 105:- pace 29-6. and :n that ceruia Ordirunce tiled in Offt;ia) Records Beak 1054. page 610). - (16) Facdtry Lease Agreement da:eJ Sc':crr>`rr 1. _070, boo and Nme-_n f\DIA\ RIFER COLYTY. FLORIDA. and LOS ANGELES DODGERS. INC.. a Dclati.arc cC•.-po:amoa. (Tabc-rccorded to Ofri:ul Records of Indian Riser Couan- fullowmcflus tt'z?arry D:cd.1 t I-) ColD:aal D vc}i 7.a Ageezxn; usJ Au_ast 22 9. NOW. by I -,d ba-aee. LOS ANGELES DODGERS. INC.. a Delaware co-Nratto,-L and VERO ACQUISITION. I.LI.P. a Flenn is rvcd liability hurried parurrst-.p. (To -be -recorded in Offtcul RrcOrds of Imran R,%cr COW.M :olloxs: 01:5 Warra.ty Deed ) Page 5 of 6 0 N tT r—n Cn %.D littp://ori.indian-river.org///DocumentlGetDocumentForPri ntPNG/?request=AQAAANCM... 6/15/2018 (19) Declaration of Easements for Parking dated August 2J. 2001. by and between LOS ANGELES DODGERS, INC,, a Delaware corporation, VERO ACQUISITION. LLLP, a Florida limited liability limited pitncrship, and fND1ASV RIVER COL MY, FLORIDA. (To -be -recorded in Official Records of Indian River County following this Warranty Dccd.) This conveyance does not assure the computation of the acreage or volume of land described in Exhibit "A " \OTE: ALL OF THE RECORDING INFORMATION CO\ -PAINED HEREIN REFERS TO THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. UNLESS OTHERWISE INDICATED. Page 6 of 6 0 a Na CM -o 0 CA rr 0 httlr.//ori.iiidian-river.org///Document/GctDocwnentForPrintPNG/?request=AQAAANCM... 6/15/2018