HomeMy WebLinkAbout2000-266G40
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EXHIBIT G
FOFMW-pARKrNG AGREEMENT
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PARKING AGREEMENT
This Parking Agreement ("Agreement") made as ofthis 1st day of Septernber, 2000, by and among
de GUARDIOLA DEVELOPMENT, INC., a Florida corporation (the"Developer"), LOS ANGELES
DODGERS, INC., a Delaware corporation (the "Dodgers") and INDIAN RIVER COUNTY,
FLORIDA, a political subdivision of the State of Florida (the "County").
WHEREAS, the County intends to acquire or is the ownerof a baseball spring training facility
known as "Dodgertown" (the "Facility") located on the real property described on Exhibit A hereto (the
"County Property"); and
WHEREAS, the County intends to or has leased the County Property and the Facility to the
Dodgers pursuant to a Facility Lease Agreement dated as of September 1, 2000, a copy of which shall be
recorded in the Public Records of Indian River County, Florida (the "Lease"); and
WHEREAS,. the Developer intends to acquire or is the owner of certain real property located
adjacent to the County Property more particularly described on Exhibit 8 hereto (the "Adjacent Properly").
on which the Developer is intending to construct a three phase development consisting of hotel and
conference facilities, multifamily residential housing, entertainment and retail facilities i the "Collateral
Development"); and
WHEREAS, the County, the Dodgers, and the Developer desire to make sure that adequate
parking is readily available for all anticipated events at the Facility as well as at the Collateral Development;
and
WHEREAS, the patties hereto desire to provide for such parking through a Declaration of
Easements for Parking (the "Declaration") to encumber both the County Property and the Adjacent
Property, the form of which will be prepared in accordance with the City of Vero Beach, Florida (the
"°Ciry") Code of Ordinances regarding parking requirements, as part of the anticipated site plan approval
process; and
WHEREAS, die Declaration is intended to assure the parties hereto that adequate parking forthe
Facility and the Collateral Development will be available; and
NOW, THEREFORE, for and inconsideration of Ten Dollars 1510.00) in hand paid, as well as
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each
of the parties hereto agree as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
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2. Terms not specifically defined herein shall have the meaning ascribed to them in the Declaration.
3. The Developer shall subn-Lit to the City a conceptual masterplan forthe Collateral Development
(the "Collateral Development Conceptual Master Plan"). The parties acknowledge that the Collateral
Development Conceptual Master Plan is subject to modifications necessary to ensure the Collateral
Development Conceptual Master Plan is in compliance with City's Code of Ordinances.
4, The Dodgers shall submit to the City a conceptual master plan for certain improvements at the
Facility (the "Facility Conceptual Master Plan"). The parries acknowledge that the Facility Conceptual
Master Plan is subject to modifications necessary to ensure the Facility Conceptual Master Plan is in
compliance with City's Code of Ordinances.
5. Determination of the required number of parking spaces for each of the Collateral Development
and the Facility will be determined as provided in the City's Code of Ordinances. Any exceptions
provisions of the number of parking spaces required by the City's Code of Ordinances shall be considered
as provided in [lie City's Code of Ordinances.
6. The parking requirements for the Collateral Development combined with the parking
requirements for the Facility shall be herein referred to as the "Total Parking Requirements".
7, The Dodgers and the Developer shall jointly provide the Total Parking Requirements. The
number of parking spaces on the Facility site and the number of parking spaces on the Collateral
Development site shall be as set forth in the Declaration.
& This Agreement may be amended, altered or modified only by a xsrmcn agreement by all the
parties hereto.
9. This Agreement shall be construed under and interpreted according to the laws ofthe Mate of
Florida and the venue with respect to any hugation arising hereunder shall be in Indian River County,
Florida.
10. if any provisions of this Agreement shall be declared invalid or unenforceable by a court of
competent jurisdiction, the remainder of the Agreement shall continue in full force and effect.
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11. All charges for all parking at the Collateral Development shall be asset forth in the Declaration
or as otherwise agreed to solely by the Dodgers and the Developer, in their sole discretion (subject to
applicable laws). All charges for all parking at the Facility shall be as set forth in the Declaration or as
otherwise promulgated by the Dodgers, in their sole discretion (subject to applicable laws). In all cases,
any and all revenues derived from parking on the Collateral Development in connection with events at the
Facility shall be retained solely by the Dodgers after reimbursing the Developer for any costs and expenses
incurred by the Developer in connection with such parking.
12. This Agreement shall be binding upon the parties, their successors and assigns.
13. Any first mortgagee holding a mortgage on the lands within the Collateral Development may
receive a copy of any notices sent to any owners within the Collateral Development by a patty hereto by
filing a request for such notice with each of the parties hereto, which request must be given in the same
6shian as a notice hereunder. Such request shall include the name and address of the mortgagee to which
a copy of the notice is to be given. The holder of a first mortgage upon any portion of the Collateral
Development which requests notice in accordance with this Agreement shall, after receiving a notice of
default hereunder, have a ten (10) day period to cure such default before any party may exercise the
remedies hereunder or as otherwise provided by law.
14. Notices to all patties shall be deemed delivered (i) when hand delivered, or (ii] one business
da}' following delivery to an express delivery courier, such as Federal Express.
If to the County Indian River County
1840 25' Street
Vero Beach, Florida 32960
Attention: County Administrator
Phone: (5611567-8000. Ext, 1408
Facsimile: l561 ) 978-1822
if to the Dodgers: Los Angeles Dodgers, Inc.
Dodgertown
P.O. Box 2887
Vero Beach, Florida 32961
Attention: Mr. Craig Callan
Phone:{561) 5694900
FaxJ561) 770-2424
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Copy to: Los Angeles. Dodgers, Inc.
1000 Elysian Park Avenue
Los Angeles, California 90012
Attention: Santiago Fernandez, Esq.
Senior Vice President &: General Counsel
Phone:(323) 224-1312
Fax:(323)224-1595
If to the Developer: de Guardiola Development, Inc.
222 Lakeview Avenue
17' Floor
West Palm Beach. Florida 33401
Attention: George de Guardiola
Phone:(561)655-1838
Facsimilc:(561) 555-5979
15. In the event of any conflict between the Declaration and this Agreement, the Declaration shall
control.
16. This Agreement maybe executed in one or more counterparts, but all such counterparts, when
duly executed. shall constitute one and the same Ageement (a party may execute a copy of this Agreement
and deliver it by facsimile transmission, provided however, that any such parry shall promptly deliver an
anginal signed copy of this Agreement).
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the date written
below.
(Seal) INDIAN RIVER COUNTY, FLORIDA
Date: By:
Its:
Attest:
Approved as to Form and
legal sufficiency
By:
County Anompy
[Seal] LOS ANGELES DODGERS, INC.
Date: By:
Attest:
[Seal) de GUARDIOLA DLE'LLCIPIME,NT, INC.
Date: By:
Its:
Attest:
Exhibit A -- County Property
Exhibit B -- Adjacent. Property
Exhibit List
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the date written
below.
[Seal]
Date: M7
Attest:
Approved as to form and
legal sufficiency
By:
5Co my Attorney
[Seal]
Date:
Attest:
[Seal]
r
hate:
Attest:
6--=�
Exhibit A -- County Property
Exhibit B -- Adjacent Property
INDIAN RIVER COUNTY, FLORIDA
Its: Chairman
LOS ANGELES DODGERS, INC.
By:
Its:
de 1 yA I LA DEVELOPMENT, INC.
its: , F-
Exhibit List
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EXHIBIT A
(PARCEL 1)
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 SOUTH $9.04'56" WEST ALONG THE NORTH LINE OF SAID
SECTION 3, A DISTANCE OF 1998.33 FEET TO A POINT; THENCE SOUTH 03.30' 11" WEST,
A DISTANCE OF 30.09 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
AIRPORT DRIVE (AWA 34TH AVENUE, 90 FOOT RIGHT-OF-WAY), SAID POINT BEING
THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-
WAY LINE SOUTH 09.51'49" WEST. A DISTANCE OF 39.81 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
1125.14 FEET AND A CENTRAL ANGLE OF 14.57'00'; THENCE ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 293.58 FEET TO THE POINT OF TANGENCY; THENCE SOUTH
19.21'57" WEST, A DISTANCE OF 82.11 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1825.86 FEET AND A CENTRAL
ANGLE OF 19.54'25"; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 634.34
FEET TO THE POINT OF TANGENCY; THENCE SOUTH 00.32'28" EAST, A DISTANCE OF
43.37 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF INDIAN RIVER FARMS
DRAINAGE DISTRICT MAIN CANAL (300 FOOT RIGHT-OF-WAY); THENCE ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE SOUTH 69.31'46" WEST, A DISTANCE OF 477.79 FEET
TO A POINT; THENCE NORTH 17.00'00" WEST, A DISTANCE OF 467.50 FEET TO A POINT;
THENCE NORTH 20.58'57" EAST, A DISTANCE OF 409.51 FEET TO A POINT; THENCE
NORTH 00.23'011" WEST, A DISTANCE OF 290.75 FEET TO A POINT; SAID POINT BEING
30 FEET SOUTHERLY OF THE NORTH LINE OF SECTION 3, TOWNSHIP 33 SOUTH. RANGE
39 EAST; THENCE NORTH 89.04'56" EAST ALONG A LINE BEING 30 FEET SOUTHERLY OF
AND PARALLEL WITH SAID SECTION LINE. A DISTANCE OF 623.56 FEET TO THE POINT
OF BEGINNING.
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(PARCEL 2) -
COMMENCING AT THE NORTHWEST CORNER OF TRACT 5, SECTION 3, TOWNSHIP 33
SOUTH, RANGE 39 EAST, AS SHOWN ON THE LAST GENERAL PLAT OF LANDS OF THE
INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERIC OF THE
CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2 AT PAGE 25, SAID
LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, RUN EAST, A
DISTANCE OF 25 FEET TO THE POINT OF BEGINNING ON THE EAST LINE OF A 50 FEET
RIGHT-OF-WAY OF 43RD AVENUE; FROM SAID POINT OF BEGINNING RUN SOUTH
00.17'44" EAST ALONG THE AFORESAID EAST RIGHT-OF-WAY, A DISTANCE OF 765.95
FEET TO A POINT WHICH IS 50 FEET DISTANCE NORTHERLY FROM, AT RIGHT ANGLES
TO, THE NORTH RIGHT-OF-WAY OF THE MAIN CANAL OF THE INDIAN RIVER FARMS
DRAINAGE DISTRICT; THENCE RUN NORTH 69.02'20" EAST ON A LINE PARALLEL TO
AND 50 FEET FROM THE NORTH RIGHT-OF-WAY OF THE MAIN) CANAL, A DISTANCE OF
2813.63 FEET, THENCE RUN NORTH 16.55'40" WEST, A DISTANCE OF 421.18 FEET;
THENCE RUN NORTH 21.56'40" EAST. A DISTANCE OF 410.00 FEET; THENCE RUN NORTH
00. 16'00" WEST, A DISTANCE OF 293.70 FEET TO A POINT WHICH IS 30.00 FEET SOUTH
OF THE TOWNSHIP LINE BETWEEN TOWNSHIP 33 SOUTH AND TOWNSHIP 32 SOUTH,
RANGE 39 EAST; THENCE RUN SOUTH 89.54'20" WEST ON A LINE WHICH IS 30 FEET
SOUTH OF AND PARALLEL TO THE AFOREMENTIONED TOWNSHIP LINE, A DISTANCE
OF 2666.10 FEET TO A POINT WHICH IS 25 FEET EAST OF THE WEST LINE OF TRACT 4
IN SAID SECTION 3; THENCE RUN SOUTH 00.17'40" EAST, A DISTANCE OF 1314.0 FEET
TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING:
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 2, PAGE 25, OF TILE PUBLIC RECORDS OF ST. LUCIE (NOW
INDIAN RIVER) COUNTY, FLORIDA, SAID PARCEL DESCRIBED AS FOLLOWS:
BEGIN AT THE INT'ERSEC'TION OF THE EAST RIGHT-OF-WAY LINE OF 43RD AVENUE (A
50 FOOT RIGHT-OF-WAY) AND THE SOUTH RIGHT-OF-WAY LINE OF INDIAN RIVER
FARMS WATER CONTROL DISTRICT CANAL A3, THENCE SOUTH 89.45'39" EAST, ALONG
SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 730.78 FEET; THENCE SOUTH
00. 14'21" WEST, A DISTANCE OF 876.82 FEET; THENCE SOUTH 89.45'39" EAST, A
DISTANCE OF 414.56 FEET; THENCE SOUTH 63.53'04" EAST, A DISTANCE OF 476.06 FEET,
MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF A 66 FOOT DRAINAGE
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EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 210, PAGE 531, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH i 8.5'26" EAST, ALONG
SAID WESTERLY LINE, A DISTANCE OF 386.46 FEET; THENCE SOUTH 69+'2'53" WEST,
ALONG A LINE WHICH IS 50 FEET NORTH OF, AS MEASURED AT RIGHTANGLES TO THE
NORTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT MAIN RELIEF CANAL. A DISTANCE OF 1806.38 FEET, TO A POINT ON THE
AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF 43RD AVENUE; THENCE NORTH
00.0'47" EAST. ALONG SAID RIGHT-OF-WAY LINE. A DISTANCE OF 2094.26 FEET, TO THE
POINT OF BEGINNING.
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EXHIBIT B
(PARCEL 2A)
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 2. PAGE 2.5, OF THE PUBLIC RECORDS OF ST. LUCIE (NOW
INDIAN RIVER) COUNTY, FLORIDA, SAID PARCEL DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 43RD AVENUE (A
50 FOOT RIGHT-OF-WAY) AND THE SOUTH RIGHT-OF-WAY LINE OF INDIAN RIVER
FARMS WATER CONTROL DISTRICT CANAL A3, THENCE SOUTH 89.45'39" EAST, ALONG
SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 730.78 FEET; THENCE SOUTH
00. 14'21" WEST, A DISTANCE OF 876.82 FEET; THENCE SOUTH 89.45'39" EAST, A
DISTANCE OF 414.56 FEET; THENCE SOUTH 63.53'04" EAST, A DISTANCE OF 476.06 FEET,
MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF A 66 FOOT DRAINAGE
EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 210, PAGE 531, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 18.15'26" EAST,
ALONG SAID WESTERLY LINE. A DISTANCE OF 386.46 FEET; THENCE SOUTH 69.22'53"
WEST, ALONG A LINE WHICH IS 50 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES
TO THE NORTH RIGHT -OF -WAX LINE OF THE. INDIAN RIVER FARMS WATER CONTROL
DISTRICT MAIN RELIEF CANAL, A DISTANCE OF £806.38 FEET, TO A POINT ON THE
AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF 43RD AVENUE; THENCE NORTH
00.00'47" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 2094.26 FEET, TO
THE POINT OF BEGINNING.
CONTAINING 47.3352 ACRES, MORE OR LESS.
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(PARCEL 3)
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 PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 34, RUN SOUTH
00. 14'21" WEST AND PERPENDICULAR TO THE, SOUTH LINE OF SAID SECTION 34, A
DISTANCE OF 30 FEET, THENCE SOUTH 89.45'39" EAST (BASIS OF BEARINGS) ALONG
A LINE 30 FEET SOUTH OF AND PARALLEL WITH THE 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 8945'39" 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 89.45'3'9" 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 AS AVENUE "C"), A DISTANCE OF 552.64 FEET TO A NON -
TANGENT POINT ON A CIRCULAR CURVE, SAID POINT BEARS NORTH 10.32'44" 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 599.54 FEET
ALONG A BEARING OF SOUTH 82.08'59" WEST FROM THE AFORESTATED NON -
TANGENT POINT; T14ENCE SOUTH 63-4516" WEST, A DISTANCE OF 974.46 FEET TO THE
POINT OF BEGINNING.
LESS .AND EXCEPT THE SOUTHERLY 30 FEET OF THE EASTEIZL.Y 80.00 FEET THEREOF.
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(PARCEL 4)
SITUATED IN THE STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF VER.O
BEACH, BEING A PART OF SECTION 34, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 34, RUN SOUTH
89.45'39" EAST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF SAID SECTION 34,
A DISTANCE OF 2470.49 FEET TO A POINT, SAID POINT BEING 40 FEET EASTERLY AS
MEASURED PERPENDICULAR TO THE SOUTHWESTERLY EXTENSION OF THE
CENTERLINE OF FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE "C"). THENCE
NORTH 20.21'06" EAST TO A LINE 40 FEET EASTERLY AND PARALLEL WITH THE
SOUTHWESTERLY EXTENSION OF FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS
AVENUE "C"), A DISTANCE OF 388.56 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL OF LAND: THENCE CONTINUE NORTH 20.21'06" EAST, A
DISTANCE OF 132.13 FEET TO A NON -TANGENT POINT ON A CIRCULAR CURVE. SAID
POINT BEARS NORTH 10.32'44" EAST FROM THE RADIUS POINT OF SAID CIRCULAR
CURVE: THENCE EASTERLY ALONG SAID CURVE, CONCAVE TO THE SOUTHEAST
HAVING A RADIUS OF 950.00 FEET,THROUGH A CENTRAL ANGLE OF 09.44'31", FOR AN
ARC LENGTH OF 161.53 FEET TO A POINT OF TANGENCY, SAID ARC TENDING A CHORD
OF 161.34 FEET ALONG A BEARING OF SOUTH 74.35'00" EAST FROM THE AFORESTATED
NON -TANGENT POINT; THENCE SOUTI 16'9.42'44" EAST ALONG A LINE, A DISTANCE OF
48.51 FEET. SAID LINE BEING 45.00 FEET SOUTH AND PARALLEL WITH THE CENTERLINE
OF AVIATION BOULEVARD: THENCE SOUTH 20.21'06" WEST AND PARALLEL WITH THE
SAID CENTERLINE OF FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE "C"). A
DISTANCE OF 145.83 FEET; THENCE NORTH 69.42'-1-1"' EST AND PARALLEL WITH TI IE
SAID CENTERLINE OF AVIATION BOULEVARD, A DISTANCE OF 209.25 FEET TO THE
POINT OF BEGINNING.
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(PARCEL 5) .
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 PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 34, RUN SOUTH
00.14'21" WEST AND PERPENDICULAR TO THE SOUTH LINE OF SAID SECTION 34, A
DISTANCE OF 30 FEET, THENCE SOUTH 89.45'39" EAST (BASIS OF BEARINGS) ALONG
A LINE: 30 FEET SOUTH OF AND PARALLEL WITH THE SAID SOUTH LINE OF SECTION 34,
A DISTANCE OF 2459.51 FEET TO A POINT, SAID POINT BEING 40 FEET EASTERLY AS
MEASURED PERPENDICULAR TO THE SOUTHWESTERLY EXTENSION OF THE
CENTERLINE OF FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE "C")SAID
POINT ALSO BEING 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 222.84 FEET;
THENCE RUN NORTH 20.21'06" EAST AND PARALLEL WITH THE SAID CENTERLINE OF
FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE "C"), A DISTANCE OF 95.84
FEET TO A POINT, SAID POINT BEING 60 FEET NORTH OF AS MEASURED
PERPEND[CULAR TO THE SAID SOUTH LINE OF SECTION 34; THENCE NORTH 89.45'39"'
WEST ON A LINE 60 FEET NORTH OF AND PARALLEL WITH THE SAID SOUTH LINE OF
SECTION 34. A DISTANCE OF 222.84 FEET TO A POINT. SAID POINT BEING 40 FEET
EASTERLY AS MEASURED PERPENDICULAR TO, THE SOUTHWESTERLY EXTENSION OF
TIME CENTERLINE OF FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE "C");
THENCE SOUTH 20.21'06" WEST ALONG A LINE 40 FEET EASTERLY AS MEASURED
PERPENDICULAR TO THE SOUTHWESTERLY EXTENSION OF THE CENTERLINE OF
FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE "C"), A DISTANCE OF 95.84
FEET TO THE POINT OF BEGINNING.
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(PARCEL 6)
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 PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 34, TOWNSHIP 32
SOUTH, RANGE 39 EAST AS SHOWN ON THE LAST GENERAL PLAT OF LAND OF THE
INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, AT PAGE 25 (NOW INDIAN
RIVER COUNTY); RUN NORTH 89.54'20" EAST ALONG THE TOWNSHIP LINE BETWEEN
TOWNSHIP 32 SOUTH AND TOWNSHIP 33 SOUTH IN RANGE 39 EAST, A DISTANCE OF
2443.93 FEET TO A POINT WHERE THE PROJECTED CENTERLINE OF AVENUE "C"
INTERSECTS SAID TOWNSHIP LINE; THENCE NORTH 20.42'20" EAST ALONG THE
CENTERLINE OF AVENUE "C", A DISTANCE OF 594.24 FEET TO THE CENTERLINE
INTERSECTION OF AVENUE "C" AND MAIN STREET, AS SHOWN ON THE ANNUAL
REPORT MAP OF THE U5 NAVAL AIR STATION, VERO BEACH, FLORIDA, DATED JUNE
30,1945; THENCE RUN SOUTH 20.02'20" WEST, A DISTANCE OF 45 FEET; THENCE RUN
SOUTH 69.55'40" EAST, A DISTANCE OF 40 FEET TO THE EASTERLY RIGHT-OF-WAY OF
AN 80 FOOT RIGHT-OF-WAY FOR AVENUE "C" FOR THE POINT OF BEGINNING; FROM
SAID POINT OF BEGINNING RUN SOUTH 20.02'20" WEST ALONG THE EASTERLY RIGHT-
OF-WAY OF AVENUE "C" A DISTANCE OF 470 FEET TO A POINT WHICH IS 60 FEET
DISTANCE NORTH OF AND AT RIGHT ANGLES TO THE AFORESAID TOWNSHIP LINE:
THENCE RUN NORTH 89.54'20" EAST ON A LINE PARALLEL TO AND 60 FEET NORTH OF
THE TOWNSHIP LINE, A DISTANCE OF 258.50 FEET; THENCE NOR'T'H 20.02'20" EAST AND
PARALLEL TO THE CENTERLINE OF AFORESAID AVENUE "C", A DISTANCE OF 380.78
FEET TO THE SOUTHERLY RIGHT-OF-WAY OF A 90 FOOT RIGHT-OF-WAY FOR MAIN
STREET: THENCE RUN NORTH 69.55'40" WEST AND PARALLEL TO THE CENTERLINE OF
MAIN STREET, A DISTANCE OF 242.70 FEET TO TIME POINT OF BEGINNING.
,ALL OF THE ABOVE LAND LYING WITHIN THF SOUTH HALF (S 112) OF SECTION 34,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, CITY OF VERO BEACH. INDIAN RIVER COUNTY,
FLORIDA.
LESS AND EXCEPT FROM THE ABOVE THOSE PORTIONS THEREOF CONVEYED BY
DEEDS RECORDED IN OFFICIAL RECORDS BOOK 875, PAGE 1425 AND OFFICIAL
RECORDS BOOK 989, PAGES 2717 AND 2727, OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA.
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RESOLUTION NO. 2000- 099
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR
THE APPROVAL OF THE FORM OF AND AUTHORIZING THE EXECUTION
AND DELIVERY OF AN AGREEMENT FOR SALE AND PURCHASE,
FACILITY LEASE AGREEMENT, DEVELOPMENT AGREEMENT,
INTERLOCAL AGREEMENT, DOCUMENT ESCROW AGREEMENT,
CAPITAL RESERVE ACCOUNT AGREEMENT, AND PARKING AGREEMENT
IN CONNECTION WITH THE ACQUISITION OF CERTAIN REAL PROPERTY
KNOWN AS DODGERTOWN; AUTHORIZING OTHER REQUIRED ACTIONS;
PROVIDING FOR SEVERABILITY AND AN EFFEC"T"IVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted
pursuant to the provisions of Chapter 125, Florida Statutes, County Home Rule Ordinance No. 77-
19, enacted August 3, 1977 and effective August 9, 1977, as amended, and other applicable
provisions of law.
SECTION 2. FINDINGS. It is hereby found and determined that:
A. The County Commission approved and executed that certain Memorandum
of Understanding dated as of July 24, 2000 (the "Memorandum of Understanding"), by and
among the County, the City of Vero Beach, Florida (the "City"), Los Angeles Dodgers, inc.
("Dodgers"), Fox Baseball Holdings Incorporated ("Fox") and de Guardiola Development,
Inc. (the "Developer"), which Memorandum of Understanding required the County to
approve additional documents.
B. The additional documents required by the Memorandum of Understanding
have been prepared and submitted to the County for such approval.
SECTION 3. APPROVAL OF THE AGREEMENT FOR SALE AND PURCHASE. The
Agreement for Sale and Purchase in substantially the form attached hereto as Exhibit A is hereby
approved and the Chairman or Vice -Chairman and the Clerk are hereby authorized and directed to
execute and deliver the Agreement for Sale and Purchase on behalf of and in the name of the County,
with such additional changes, insertions and omissions therein as may be otherwise made and
approved by said officers of the County executing the same, such execution to be conclusive evidence
of such approval.
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RESOLUTION NO -_2000-099
SECTION 4. APPROVAL OF THE FACILITY LEASE AGREEMENT. TheFaliitay Lease
d the
Agreement in substantially the form attached hereto as Exhibit B is hereby approve
Chairman or Vice -Chairman and the Clerk are hereby authorized and directed to execute and deliver
the Facility Lease Agreement on behalf of and in the name of the County, with
sub ch s d offi nal
changes, insertions and omissions therein as may be otherwise made and approvedY
of the County executing the same, such execution to be conclusive evidence of such approval.
SECTION 5. APPROVAL OF THE DEVELOPMENT AGREEMENT, The Development
Agreement in substantially the form attached hereto as Exhibit C is hereby approved and the
Chairman or Vice -Chairman and the Clerk are hereby authorized and directed to execute and deliver
the Development Agreement on behalf of and in the name of the County, with such additional
changes, insertions and omissions therein as may be otherwise made and approved by said officers
of the County executing the same, such execution to be conclusive evidence of such approval
SECTION b. APPROVAL OF THE INTERLOCAL AGREEMENT. The Interlocal
Agreement in substantially the form attached hereto as Exhibit D is hereby approved and the
Chairman or Vice -Chairman and the Clerk are hereby authorized and directed to execute and deliver
the Interlocal Agreement on behalf of and in the name of the County, with such additional changes,
insertions and omissions therein as may be otherwise made and approved by said officers of the
County executing the same, such execution to be conclusive evidence of such approval.
SECTION 7, APPROVAL OF THE DOCUMENT ESCROW AGREEMENT. The
Document Escrow Agreement in substantially the form attached hereto as Exhibit E its hereby
approved and the Chairman or Vice -Chairman and the Clerk are hereby authorized and directed to
execute and deliver the Document Escrow Agreement on behalf of and in the name of the County,
with such additional changes, insertions and omissions therein as may be otherwise made and
approved by said officers of the County executing the same, such execution to be conclusive evidence
of such approval.
SECTION 8. APPROVAL OF THE CAPITAL RESERVE ACCOUNT AGREEME-NT.
The Capital Reserve Account Agreement in substantially the form attached hereto as Exhibit F is
hereby approved and the Chairman or Vice -Chairman and the Clerk are hereby authorized and
directed to execute and deliver the Capital Reserve Account Agreement on behalf of and in the name
of the County, with such additional changes, insertions and omissions therein as may be otherwise
made and approved by said officers of the County executing, the same, such execution to be
conclusive evidence of such approval.
SECTION 9. APPROVAL. OF TETE PARKING AGREEMENT. The Parking Agreement
in substantially the form attached hereto as Exhibit G is hereby approved and the Chairman or Vice -
Chairman and the Clerk are hereby authorized and directed to execute and deliver the Parking
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40M . .. RESOLUTION NO, 2000-099
Agreement on behalf of and in the name of the County, with such additional changes, insertions and
omissions therein as may be otherwise made and approved by said officers of the County executing
the same, such execution to be conclusive evidence of such approval,
SECTION 10. APPOINTMENT OF THE AGENT AND CAPITAL RESERVE ACCOUNT
AGENT. The County's bond counsel, Bryant, Miller and Olive, P,A., is hereby appointed to serve
as "Agent" under the Document Escrow Agreement, and First Union National Bank is hereby
appointed to serve as the "Capital Reserve Account Agent" under the Capital Reserve Account
Agreement.
SECTION 11. APPROVAL OF IMPROVEMENTS. The County recognizes that the
"Improvements" set forth in the Memorandum of Understanding and in the Development Agreement
are subject to adjustment, expansion and deletion as a result of the preparation of the Design Criteria
Package required by the Development Agreement and as a result of the site plan approval process.
The County Administrator is expressly authorized and directed to approve, on behalf of the County,
any such adjustments, expansions and deletions as a result of the preparation of the Design Criteria
Package required by the Development Agreement and as a result of the site plan approval process,
without further action by this Commission.
SECTION 12. GENERAL AUTHORITY. The Chairman or Vice -Chairman, the County
Administrator,. the County Attorney, the Clerk and any other proper officials of the County are hereby
authorized to do all acts and things required of them by this Resolution or that may otherwise be
desirable or consistent with accomplishing tate full, punctual and complete perfonnancce of all the
terms, covenants and agreements contained in any of the foregoing and the County is hereby
authorized and directed to execute and deliver any and all papers and instruments and to cause to be
done any and all acts and things necessary or proper for carrying out the transactions contemplated
thereby. In addition, the County Administrator shall be authorized, on behalf of the County, to
authorize any substitution of exhibits or other matters held pursuant to the Document Escrow
Agreement as may be contemplated therein, without further authorization from this Commission.
SECTION 13. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the
covenants, agreements or provisions herein contained shall be held contrary to any express provision
of law or contrary to the policy of express law, but not expressly prohibited or against public policy,
or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions
shall be null and void and shall be deemed separable from the remaining covenants, agreements or
provisions and shall in no way effect the validity of the other provisions hereof.
SECTION 14. EFFECTIVE DATE. This Resolution shall be effective immediately upon its
adoption.
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RESOLUTION NO. 2000-099
I
Adopted this Ith day of September, 2000.
ix. ImPTGNI
Attes ' - +^`r'
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
County At rney
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
1% 13
By.
As; Chairman