HomeMy WebLinkAbout2015-083A TRUE COPY
CERTIFICATION ON LAST PALE
RESOLUTION 2015- 083 J.R. SMITH, CLERK
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY RELEASING AND REMOVING USE
RESTRICTIONS ASSOCIATED WITH RESOLUTION 2011-34 AND
THE SECOND AMENDMENT TO COLLATERAL DEVELOPMENT
AGREEMENT AND VARIOUS USE RESTRICTIONS SET FORTH IN
THE COLLATERAL DEVELOPMENT AGREEMENT WITH REGARD
TO THE FORMER DODGERTOWN 9 -HOLE GOLF COURSE.
WHEREAS, on November 17, 2005, the City purchased 37+/- acres of real property
commonly known as the former Dodgertown nine -hole golf course (hereinafter "City Property");
and
WHEREAS, on November 17, 2005, the City, Los Angeles Dodgers, LLC (hereinafter
"Dodgers") and DT Commons, LLC (hereinafter "DT Commons") executed that certain Second
Amendment to the Collateral Development Agreement, recorded on November 17, 2005, which
provided in paragraph 3 that the City shall develop the City Property solely as (i) a municipally -
owned public golf course, or (ii) green space, or (iii) park -like setting, or (iv) any combination of
the foregoing three uses (hereinafter "Use Restrictions"); and
WHEREAS, pursuant to said Second Amendment to the Collateral Development
Agreement, the City was not to 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 could be granted or denied by either the Dodgers or the County in the exercise of
their respective sole and absolute discretion; and
WHEREAS, on November 17, 2005, the City and the Dodgers executed that certain
Declaration of Covenants, Conditions, and Restrictions, recorded on November 17, 2005,
limiting the City's use of the City Propery to the Use Restrictions as stated in the Second
Amendment to the Collateral Development Agreement; and
WHEREAS, in February 2008, the County succeeded to all interests of the Dodgers in
said Second Amendment to the Collateral Development Agreement and Declaration of
Covenants, Conditions, and Restrictions, as outlined in Article 3 of the Third Amendment to
Facility Lease Agreement dated February 19, 2008, and recorded on March 17, 2008, leaving the
County and the City .as the sole parties in interest with respect to the documents as they relate to
the City Property; and
WHEREAS, on June 1, 2011, the County and the City completed an exchange of certain
parcels of land included in the original Collateral Development Agreement, dated and recorded
on August 29, 2001, in order for the County to develop a cloverleaf ball field on a 11.93 acre
parcel (hereinafter "Cloverleaf Property"); and
3120150056522
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK. 2878 PG: 474 Page 1 of 3 9/182015 1.08 PM
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A TRUE COPY
GERTWlCATION ON LUT PAGE
RESOLUTION 2015- 083 J.R. SMITH, CLERK
WHEREAS, on May 3, 2011, in light of the Use Restrictions in paragraph 3 of the
Second Amendment to Collateral Development Agreement and the County's reserved right of
consent provided therein to allow other uses, the County's Board of County Commissioners
(hereinafter "Board") adopted Resolution 2011-34, recorded on August 11, 2011, whereby the
County gave its written consent to allow the Cloverleaf Property to be developed by the County
into (i) baseball fields, or (ii) any purpose consistent with the purposes of the baseball facilities
as defined in the 2001 Collateral Development Agreement; and
WHEREAS, on June 1, 2011, the County and the City executed the First Amendment to
Declaration- of Covenants, Conditions, and Restrictions, recorded on August 11, 2011, to remove
the Use Restrictions on the Cloverleaf Property and transfer such Use Restrictions to the 10.38
acre parcel the City received in that parcel exchange; and
WHEREAS, the City and the County entered into that Interlocal Agreement, recorded on
April 21, 2015 and effective as of May 18, 2015, in which the County agreed inter alfa to amend
or otherwise modify Resolution 2011-34 and the Second Amendment to Collateral Development
Agreement and terminate the Declaration of Covenants, Conditions, and Restrictions in order to
eliminate the Use Restrictions on the City Property; and
WHEREAS, in addition to releasing the City Property from the Use Restrictions set forth
in the Second Amendment to the Collateral Development Agreement, the City and the County
wish to release the City Property from various other use restrictions set forth in the Collateral
Development Agreement, entered into on August 29, 2001, and recorded on August 29, 2001, at
Book 1426, Page 596 of the public records of Indian River County, Florida,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted
as findings of the Board.
Section 2. The Board of County Commissioners amends and modifies Resolution 2011-
34,
011-34, recorded on August 11, 2011, to the extent necessary as to the City Property to terminate the
Second Amendment to the Collateral Development Agreement, entered into on November 17,
2005, and recorded on November 17, 2005, at Book 1961, Page 985 of the public records of
Indian River County, Florida.
Section 3. The Board of County Commissioners amends and modifies Resolution 2411-
34,
011-34, recorded on August 11, 2011, to the extent necessary to release from the City Property those
use restrictions set forth in Section 1(B) (Master Plan), Section 1(C) (Hotel), Section 2
(Architectural Review and Approval), Section 4 (Regulations of Operation and Uses) and
Section 5 (Cooperation Between Dodgers and Developer; New Player Housing) of the Collateral
Development Agreement, entered into on August 29, 2001, and recorded on August 29, 2001, at
Book 1426, Page 596 of the public records of Indian River County, Florida.
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RESOLUTION 2015- np-i
The foregoing resolution was moved for adoption by Commissioner —C)IRr}an ,
and seconded by Commissioner zorc , and, upon being put to a vote, the vote was as
follows:
Chairman Wesley S. Davis
Aye
Vice Chairman Bob Solari
Aye
Commissioner Joseph E. Flescher
Absent
Commissioner Peter D. O'Bryan
Ave
Commissioner Tim Zorc
Aye
The Chairman thereupon declared the resolution duly passed and adopted this 14 day of
July 2015.
ATTEST: Jeffrey R. Smith,
In
Approved as to form and legal sufficiency:
By:
an Reingold, County Attorney
A' E OF FLORIDA
iNDIAN RIVER COUNTY I
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE INT 1
OFFICE.
n J EY R. SMITH, KZ
DATE
Court
BOARD OF COUNTY COMMISSIONERS Oj
INDIAN RIVER COUNTY, FLORIDA r��S
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esley S. Davis, Chairman
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