HomeMy WebLinkAbout2004-245J
William G. Collins II, County Attorney
Marian E. Fell, Assistant County Attorney
William K. DeBraal, Assistant County Attorney
45
Ofice of
INDIAN RIVER COUNTY
MEMORANDUM
ATTORNEY
OCT 18 2004
"C0 'a ' Y' al C�� �"1
CLEFT. ; AR;)
TO: Raeanne Cone — Fixed Assets
FROM: Nancy Mossali — Legal Assistant, Office of County Attorney
DATE: October 18, 2004
SUBJECT: Exchange of Property with Dodgertown Venture, LLLP (portions of
the former Dodgertown Golf Course)
The property exchange was approved by the Board of County Commissioners on
March 23, 2004, and the closing was held on June 24, 2004.
Attached for your Fixed Assets file please a copy of each of the following
documents:
• Staff report dated March 17, 2004
• Excerpt of minutes of the Board of County Commissioners meeting of
March 23, 2004
• Resolution No. 2004033
• Closing Statement and Closing Agreement
• Owner's Affidavit
• Special Warranty Deed for right-of-way parcels (recorded in Book 1758,
Page 526)
V _ • Special Warranty Deed for parking facility (recorded in Book 1758, Page
523)
• Easement (recorded in Book 1758, Page 540)
. • Certified copy of Traffic Impact Fee Credit Agreement (recorded in Book
1758, Page 543)
i First Amendment to Facility Lease Agreement recorded in Book 1758,
Page 529
1
First Amendment to Collateral Development Agreement (recorded in Book
1758, Page 516)
Termination of Declaratior
1758, Page 510)
Chicago Title Insurance
10297610&11)
of Easements for Parking (recorded in Book
Company's Owner's Title Policy (Policy No.
Boundary Survey prepared by David M. Jones
The Clerk to the Board has the original Closing Statement and Closing
Agreement; Special Warranty Deed for the right-of-way parcels; Special
Warranty Deed for parking facility; Easement; First Amendment to Facility Lease
Agreement; title insurance policy; and boundary survey,
nhm
attachments
cc: Clerk to the BCC
li
SELLER:
BUYER:
REAL
PROPERTY
CLOSING STATEMENT AND CLOSING AGREEMENT
Dodgertown Venture, LLLP, a Delaware limited liability limited partnership
Indian River County, a political subdivision of the State of Florida
Parcel 2A (the "Parking Parcel") and Right -of -Way Parcel 1 and Right -of -Way
Parcel 2 (the "Right -of -Way Parcels), attached as Exhibit A.
1. The parties agree that the consideration for the Parking Parcel is equal to $547,782.00
($60,000.00 per acre x 9.1297 acres). The consideration received by the Seller for the conveyance of
the Parking Parcel is the Termination of Declaration of Parking Easement attached as Exhibit B and
Amendment to Collateral Development Agreement, copy attached as Exhibit C.
2. The parties agree that Right -of -Way Parcel valuation is $ 75,000.00 with the Buyer, by separate
instrument, to execute application of Seller agree to credit to Buyer $75,000.00 of Indian River
County traffic impact fees, copy attached as Exhibit D.
The following documents will be recorded simultaneously and in the order shown with Seller paying
all costs as indicated:
Record Special Warranty Deed for Parking Parcel
copy attached as Exhibit E ........................................ $ 27.00
Documentary Stamps on Parking Parcel Deed ................................ 3,834.60
Record Special Warranty Deed for Right -of -Way Parcels
copy attached as Exhibit F .......................................... 35.50
Documentary Stamps on Right -of -Way Parcels Deed .......................... 525.00
Record Termination of Declaration of Easements for parking .................... 52.50
Record First Amendment to Facility Lease Agreement .......................... 95.00
Record First Amendment to Collateral Development Agreement 61.00
Record Declaration of Easement Encumbering Parcel 3A ........................ 35.50
Title Insurance on total consideration for the Real
Property ($622,782.00) ........................................... 3,189.00
TitleSearch........................................................... 325.00
Seller's share of prorated 2004 real estate taxes Right -of -Way Parcel 1 ........... 199.30
Right -of -Way Parcel 2 ........... 288.56
Parking Lot ................... 6.360.06
TOTAL COSTS TO SELLER $15,028.02
(Attorney's Fees for Title Examination to Bryant Miller & Olive, P.A. ......... p.o.c. by Buyer)
SELLER:
DODGERTOWN VENTURE, LLLP
By its General Partner, P & S III, Inc.,
a Fl a orporation
By:
JoliVE Swanson, Vice President
Date: & "AN- - 0
BUYER:
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
A .' LA
'
Carol i ne D Gi .. Chairm
�.WARITMll
STATE OF Florida
COUNTY OF Indian River
BEFORE ME, the undersigned authority, personally appearedJohn F. Swanson, affiant
Affiant is vice president of P & S TTI, inc., a Florida corporation,
General Partner of Dodgertown venture, LLLP, a Florida limited
liability limtied partnership
(the "Se[Ier"), ("Seller" refers to singular or plural as context requires) who, first being duly sworn, deposes
and says:
A. OWNER'S AFFIDAVIT
1, Seller is the owner of the following described property (the "Property"):
See Exhibit A attached hereto and made a part hereof.
Street Address:
2. There is no outstanding contract for the sale of the property to any person or persons
whomsoever, nor any unrecorded deed, mortgage or other conveyances affecting the title to the Property.
3. There are no liens, encumbrances, mortgages, claims, boundary line or other disputes, demands or
security interests in, on or against the Property or any goods, furnishings, appliances, fixtures or equipment
now installed in or which are to be affixed to the Property; (except for mortgages described in the deed
given by the undersigned); that there are no unpaid taxes, levies, assessments, paving liens or utility liens
against the Property (other than real estate taxes for the current year).
4, There have been no improvements made upon the Property within the past ninety (90) days for
which there remain any outstanding and unpaid bills for labor, materials or supplies for which a lien or liens
might be claimed by anyone.
S. There are no matters pending against Seller which could give rise to a lien that would attach to the
Property during the period of time between the effective date of the title insurance commitment and the time
of recording of the instruments evidencing the Buyer's fee simple or other interests in the Property; and that
the Seller has not executed and will not execute any instrument that would adversely affect the titic to the
Property from the date of this Affidavit forward.
6. There are no judgments, claims, disputes, demands or other matters pending against Seiler that
could attach to the Property, Seller has complied with the Florida Sales Tax laws where applicable. Seller
acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or
occupancy by Buyer, whichever first occurs.
7. Seller is in sole constructive or actual possession of the Property and no other person has any
right to possession of the Property, or asserts any claim of title or other interests in it.
& Seller represents there are no violations of governmental Iaws, regulations or ordinances
pertaining to the use of the Property.
LOM Ommed by 6 rjkp* $Yn , rs„ 2061 Q16p 705533 F Ws FLAFIL17
vAy
Owner's Affidavit -Page Z
B. NON -FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
Section 1445 of the Internal Revenue Code provides that a transferee ("Buyer") of a U.S, real
property interest must withhold tax if the transferor ("Self") is a foreign person. For U.S. tax purposes
(including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property
interest wider local law) will be the Seller of the property and not the disregarded entity. To inform the
Buyer that withholding of tax is not required upon the disposition of a U.S. real property interest by Seller,
the undersigned hereby certifies the following on behalf of Seller:
1. Seller's Legal Name Is:
Dodgertown venture, LLLP
2. Seller's Office Address is:
3. Seller is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as
those terms are defined in the Internal Revenue Code and Income Tax Regulations).
4. Seller is not a disregarded entity as defined in § 1.1445-2(b)(2)(iii),
In connection with the sale or exchange of the Property you are required by law to provide
Bryant; Miller & Olive, F.A.
with your correct taxpayer identification number (TIN). If you do not so provide your 'TIN, you may be
subject to civil or criminal penalties imposed by law.
5. Seller's Taxpayer Identification Number is:
d. For purposes of reporting this transaction to the Internal Revenue Service on Farm 1099-S,
the property is Seller's (check one):
Principal Residence
.. — Other Real Estate
This taxpayer identification number is being provided in connection with a real estate
transaction
The undersigned understand that this Certificate maybe disclosed to the Internal Revenue Service by the
Buyer and that any false statement contained herein could be punished by fine, imprisonment or both
Under penalties of perjury, 1 declare that I have examined this certification and to the best of my
knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this
document as or on behalf of the Seller, and that the number shown on this statement is Seller's correct TIN,
Seller states that this instrument is given for the express purpose of inducing
Indian River County, a political subidivission of the State of Florida
to purchase the Property and to cause Bryant Miller & olive, P.A.
as agents for Chicago Title Insurance Company
to disburse fiutds and insure title to said property. This Affidavit is made under the full
law regarding liability for any misrepresentation herein.
0DATED thisa7day of 20/Tone
STATE OF Florida
COUNTY OF Indian River ' I
Swom m and subsmibed before tut d%ia �G
John F. Swanson
who is penoually (mown to me or wbo lua pmducod
Swanson
day of Tone,
Printed NamIles
Notary Public
My Commiesian Expire$:
of the
, 2004 by
as identificadou
ly, 1000 fNancy H. Mlonali
MY COMMISSION # DD179432 EXPIRES
•;a,= March 24 2007
ofa RONDEDTHRUTROY FAIN INSURANCE HC
TOTAL P.03
EXHIBIT "A"
LEGAL DESCRIPTION OF PARKING FACILITY
(ALSO KNOWN AS A PORTION OF DODGERTOWN PARCEL 2)
A PARCEL OF LAND LYING IN SECTION 33 TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 67 DEGREES 59
MINUTES 23 SECONDS EAST, A DISTANCE OF 80.89 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3; THENCE SOUTH 89
DEGREES 45 MINUTES 39 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A
DISTANCE OF 288.78 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF
LAND; THENCE CONTINUE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, ALONG SAID
LINE, A DISTANCE OF 392.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 21 SECONDS WEST, A
DISTANCE OF 876.82 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, A
DISTANCE OF 414.56 FEET; THENCE SOUTH 63 DEGREES 53 MINUTES 04 SECONDS EAST, A
DISTANCE OF 149.35 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 39 SECONDS WEST, A
DISTANCE OF 905.94 FEET; THENCE NORTH 0 DEGREES 14 MINUTES 21 SECONDS EAST, A
DISTANCE OF 85.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 39 SECONDS WEST, A
DISTANCE OF 35.00 FEET; THENCE NORTH 0 DEGREES 14 MINUTES 21 SECONDS EAST, A
DISTANCE OF 857.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 9.1297 ACRES, MORE OR LESS.
{F7718368;3}
EXHIBIT "A"
LEGAL DESCRIPTION OF RIGHT -OF WAY PARCELS
(ALSO KNOWN AS A PORTION OF DODGERTOWN PARCEL 2)
RIGHT OF WAY 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:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 39'41'59" EAST,
A DISTANCE OF 39.13 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 43RD
AVENUE AND THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT CANAL A3 AND BEING THE POINT OF BEGINNING; THENCE ALONG THE
AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF CANAL A3, SOUTH 890 45' 39" EAST, A
DISTANCE OF 50.00 FEET; THENCE SOUTH 45° 07'34" WEST, A DISTANCE OF 35.29 FEET; THENCE
SOUTH 000 00' 47" WEST, A DISTANCE OF 832.01 FEET; THENCE NORTH 890 45' 39" WEST, A
DISTANCE OF 25.00 FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF
43RDAVENUE; THENCE, ALONG SAID RIGHT-OF-WAY LINE, NORTH 000 00' 47" EAST, A DISTANCE
OF 857.01 FEET TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINING 0.4990 ACRES, MORE OR LESS,
RIGHT OF WAY PARCEL 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:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 39'41'59" EAST,
A DISTANCE OF 39.13 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 43RD
AVENUE AND THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT CANAL A3; THENCE ALONG THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF
43RD AVENUE, SOUTH 000 00' 47" WEST, A DISTANCE OF 857.01 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 89° 45'39" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 00° 00'
47" WEST, A DISTANCE OF 1227.74 FEET; THENCE SOUTH 69° 22'53" WEST, A DISTANCE OF 26.71
FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF 43RDAVENUE;
THENCE ALONG SAID LINE, NORTH 000 00' 47" EAST, A DISTANCE OF 1237.25 FEET TO THE POINT
OF BEGINNING.
SAID PARCEL CONTAINING 0.7074 ACRES, MORE OR LESS.
{FT230787;1}
PREPARED BY:
Eric D. Rapkin, Esq.
Akerman Senterfitt
350 East Las Olas Boulevard, Suite 1600
Ft. Lauderdale, Florida 33301
Robert C. Reid,
Bryant, Mil
201 S Ci Mo
Olive, P.A.
Street, Suite 500
RESERVED FOR USE BY
CLERK OF CIRCUIT COURT
1669774
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1758 PG:526, Pagel of 3
07/13/2004 at 10:28 AM,
D DOCTAX PD $626.00
r JEFFREY K BARTON, CLERK OF
COURT
ua
` Property Appraiser's No.: Portion of Tax Parcel No. 26-32-39-00011-0230-00001.1
4"
SPECIAL WARRANTY DEED
This SPECIAL WARRANTY DEED made as of this day of e, 2004, between
L,;LIJ DODGERTOWN VENTURE LLLP a Delaware limited liability limited partnership (the "Grantor")
�0tr" ' , W110Se
jWa address is c/o P & S III, Inc., 1401 Highway AIA, Vero Beach, Florida 32963, and INDIAN RIVER COUNTY,
i0614�j FLORIDA, a political subdivision of the State of Florida (the "Grantee"), whose address is 1840 25th Street, Vero
Beach, Florida 32960.
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars to it in hand
paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold, and conveyed to the
Grantee, and by these presents does hereby grant, bargain, sell, and convey unto Grantee, its successors and
assigns forever, that certain real property lying and being in the County of Indian River, State of Florida, as more
particularly described in Exhibit "A," attached hereto and made a part hereof (the "Property").
SUBJECT TO taxes and assessments for the year 2004 and subsequent years, all conditions, restrictions,
limitations and easements of records, and all zoning and other governmental regulations, without reimposing
same.
Together with all tenements, hereditaments, and appurtenances thereunto belonging or in anywise
appertaining.
To have and to hold the same in fee simple forever.
And Grantor does hereby fully warrant the title to the Property, subject as aforesaid, and will defend the
same against the lawful claims of all persons claiming by, through, or under Grantor.
{FT230787;1}
The Property is being conveyed to Grantee subject to the following restriction, which shall be a covenant
running with the Property, binding on Grantee, its successors and assigns and inuring to the benefit of Grantor, its
successors and assigns: The Property is being conveyed to Grantee solely for right-of-way purposes in
connection with Grantee installing sidewalks and/or expanding 43rd Avenue. No improvements shall be
constructed or installed on the Property in any manner that would adversely affect ingress and egress to and from
the Property owned by Grantor adjacent to the Property.
IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed as of the
day and year first above written.
WITNESSES:
Print Name:ff9 Z
FF /_ J A, �! // �Y,
is%%�JL M
STATE OF FLORIDA )
)ss:
COUNTY OF INDIAN RIVER)
GRANTOR:
DODGERTOWN VENTURE, LLLP, a Delaware limited
liability limited partnership
By: P & S III, Jyie.;-a Florida
By: -�• 6
Name: w
Title:
Grantor's address:
c/o P & S III, Inc.
1401 Highway AIA
Vero Beach, Florida
its general partner
32963
The foregoing instrument was acknowledged before me his� 4h day of Tone, ,
2004 by �t�hn �' ,���avJ-�,�n as V ( p Pruden of P & S III, Inc., a Florida
corporation, on behalf of the corporation, which corporation is the general partner of DODGERTOWN
VENTURE, LLLP, a Delaware limited liability limited partnership, on behalf of the limited liability limited
partnership. HeASke is personally known to me or produced a valid driver's license as identification.
My commission expires:
{FT230787;II
1 1 V 4µl 1 µ"11V
Print name:
H.
r MYC Nancy NbS301
• OMMISSION # DD179432 EXPIRES
'• ";' March16, 2007
• . ov h '•, COKT) THRU TROY FAW WS
MANCE WC
-2-
n,
,
EXHIBIT "A"
LEGAL DESCRIPTION OF RIGHT -OF WAY PARCELS
(ALSO KNOWN AS A PORTION OF DODGERTOWN PARCEL 2)
RIGHT OF WAY 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:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 39'41'59" EAST,
A DISTANCE OF 39.13 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 43RD
AVENUE AND THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT CANAL A3 AND BEING THE POINT OF BEGINNING; THENCE ALONG THE
AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF CANAL A3, SOUTH 890 45' 39" EAST, A
DISTANCE OF 50.00 FEET; THENCE SOUTH 45° 07'34" WEST, A DISTANCE OF 35.29 FEET; THENCE
SOUTH 000 00' 47" WEST, A DISTANCE OF 832.01 FEET; THENCE NORTH 890 45' 39" WEST, A
DISTANCE OF 25.00 FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF
43RD AVENUE; THENCE, ALONG SAID RIGHT-OF-WAY LINE, NORTH 000 00'47" EAST, A DISTANCE
OF 857.01 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.4990 ACRES, MORE OR LESS.
RIGHT OF WAY PARCEL 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:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 39'41'59" EAST,
A DISTANCE OF 39.13 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 43RD
AVENUE AND THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT CANAL A3; THENCE ALONG THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF
43RD AVENUE, SOUTH 000 00' 47" WEST, A DISTANCE OF 857.01 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 890 45'39" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 000 00'
47" WEST, A DISTANCE OF 1227.74 FEET; THENCE SOUTH 69° 22'53" WEST, A DISTANCE OF 26.71
FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF 43RD AVENUE;
THENCE ALONG SAID LINE, NORTH 000 00' 47" EAST, A DISTANCE OF 1237.25 FEET TO THE POINT
OF BEGINNING,
SAID PARCEL CONTAINING 0.7074 ACRES, MORE OR LESS.
{FT230787;I}
x
EXHIBIT "A"
LEGAL DESCRIPTION OF RIGHT -OF WAY PARCELS
(ALSO KNOWN AS A PORTION OF DODGERTOWN PARCEL 2)
RIGHT OF WAY 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:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 39'41'59" EAST,
A DISTANCE OF 39.13 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 43RD
AVENUE AND THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT CANAL A3 AND BEING THE POINT OF BEGINNING; THENCE ALONG THE
AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF CANAL A3, SOUTH 890 45' 39" EAST, A
DISTANCE OF 50.00 FEET; THENCE SOUTH 45° 07'34" WEST, A DISTANCE OF 35.29 FEET; THENCE
SOUTH 000 00' 47" WEST, A DISTANCE OF 832.01 FEET; THENCE NORTH 890 45' 39" WEST, A
DISTANCE OF 25.00 FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF
43RD AVENUE; THENCE, ALONG SAID RIGHT-OF-WAY LINE, NORTH 000 00'47" EAST, A DISTANCE
OF 857.01 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.4990 ACRES, MORE OR LESS.
RIGHT OF WAY PARCEL 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:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 39'41'59" EAST,
A DISTANCE OF 39.13 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 43RD
AVENUE AND THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT CANAL A3; THENCE ALONG THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF
43RD AVENUE, SOUTH 000 00' 47" WEST, A DISTANCE OF 857.01 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 890 45'39" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 000 00'
47" WEST, A DISTANCE OF 1227.74 FEET; THENCE SOUTH 69° 22'53" WEST, A DISTANCE OF 26.71
FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF 43RD AVENUE;
THENCE ALONG SAID LINE, NORTH 000 00' 47" EAST, A DISTANCE OF 1237.25 FEET TO THE POINT
OF BEGINNING,
SAID PARCEL CONTAINING 0.7074 ACRES, MORE OR LESS.
{FT230787;I}
PREPARED BY:
Eric D. Rapkin, Esq.
Akerman Senterfitt
350 East Las Olas Boulevard, Suite 1600
Ft. Lauderdale, Florida 33301
Robert C. Reid,
Bryant, Mi
201
Olive, P.A.
Street, Suite 500
RESERVED FOR USE BY
CLERK OF CIRCUIT COURT
1559773
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1758 PG:523, Pagel of 3
07/13/2004 at 10:28 AM,
D DOCTAX PD $3834.60
JEFFREY K BARTON, CLERK OF
COURT
Property Appraiser's No.: Portion of Tax Parcel No. 26-32-39-00011-0230-00001.1
SPECIAL WARRANTY DEED
This SPECIAL WARRANTY DEED, made as of this day of InE , 2004, between
DODGERTOWN VENTURE, LLLP, a Delaware limited liability limited partnership (the "Grantor"), whose
address is c/o P & S III, Inc., 1401 Highway AIA, Vero Beach, Florida 32963, and INDIAN RIVER COUNTY,
FLORIDA, a political subdivision of the State of Florida (the "Grantee"), whose address is 1840 25th Street, Vero
Beach, Florida 32960.
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars to it in hand
paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold, and conveyed to the
Grantee, and by these presents does hereby grant, bargain, sell, and convey unto Grantee, its successors and
assigns forever, that certain real property lying and being in the County of Indian River, State of Florida, as more
particularly described in Exhibit "A," attached hereto and made a part hereof (the "Property").
SUBJECT TO taxes and assessments for the year 2004 and subsequent years, all conditions, restrictions,
limitations and easements of records and all tonin d th
Together with all tenements, hereditaments, and appurtenances thereunto belonging or in anywise
appertaining.
To have and to hold the same in fee simple forever.
And Grantor does hereby fully warrant the title to the Property, subject as aforesaid, and will defend the
same against the lawful claims of all persons claiming by, through, or under Grantor.
{FT218368;3}
[signature and acknowledgement on next page]
g
an
o er
governmental
regulations,
without
reimposing
same.
Together with all tenements, hereditaments, and appurtenances thereunto belonging or in anywise
appertaining.
To have and to hold the same in fee simple forever.
And Grantor does hereby fully warrant the title to the Property, subject as aforesaid, and will defend the
same against the lawful claims of all persons claiming by, through, or under Grantor.
{FT218368;3}
[signature and acknowledgement on next page]
IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed as of the
day and year first above written.
WITNESSES:
Print Name: LC f'l / late er
�..1 ►�l_�
Print Name: N.i., l //
STATE OF FLORIDA )
)ss:
COUNTY OF INDIAN RIVER )
GRANTOR:
DODGERTOWN VENTURE, LLLP, a Delaware limited
liability limited partnership
By: P & S III, Inc., a Florida corporation, its general partner
Grantor's address
c/o P & S III, Inc.
1401 Highway AIA
Vero Beach, Florida 32963
The foregoing instrument was acknowledged before me this day of I ne_,
2004 by Jr,en r quamon as 1% e pre,,6iclen f of P & S III, Inc., a Florida
corporation, on behalf of the corporation, which corporation is the general partner of DODGERTOWN
VENTURE, LLLP, a Delaware limited liability limited partnership, on behalf of the limited liability limited
partnership. Hefke is personally known to me or produced a valid driver's license as identification.
My commission expires:
{ FT218368;31
Print
to0
aff
MY COMMISOONN #R D177994432 EXPIRES
March 26, 2007
4 )NDE0 THRU TROY F41N INSURANCE, INC
-2-
EXHIBIT "A"
LEGAL DESCRIPTION OF PARKING FACILITY
(ALSO KNOWN AS A PORTION OF DODGERTOWN PARCEL 2)
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 67 DEGREES 59
MINUTES 23 SECONDS EAST, A DISTANCE OF 80.89 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3; THENCE SOUTH 89
DEGREES 45 MINUTES 39 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A
DISTANCE OF 288.78 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF
LAND; THENCE CONTINUE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, ALONG SAID
LINE, A DISTANCE OF 392.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 21 SECONDS WEST, A
DISTANCE OF 876.82 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, A
DISTANCE OF 414.56 FEET; THENCE SOUTH 63 DEGREES 53 MINUTES 04 SECONDS EAST, A
DISTANCE OF 149.35 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 39 SECONDS WEST, A
DISTANCE OF 905.94 FEET; THENCE NORTH 0 DEGREES 14 MINUTES 21 SECONDS EAST, A
DISTANCE OF 85.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 39 SECONDS WEST, A
DISTANCE OF 35.00 FEET; THENCE NORTH 0 DEGREES 14 MINUTES 21 SECONDS EAST, A
DISTANCE OF 857.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 9.1297 ACRES, MORE OR LESS.
{FT218368;3}
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Instrument prepared by ar+d
shoteM be 0 00"o 01&4 0o Me
County Attorney's Office
1840 25`h Street, Vero Beach, FL
EASEMENT
1559776
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1758 PG:540, Pagel of 3
07/13/2004 at 10:28 AM,
D DOCTAX PD $0.70
JEFFREY K BARTON, CLERK OF
COURT
This Grant of Easement, made and executed this .z7/�ay of zooK Lr E' , A.D., 2004, by
DODGERTOWN VENTURE, LLLP, a Delaware limited liability limited partnership, whose
address is 3001 Ocean Drive, Suite 202, Vero Beach, Florida 32963, hereinafter called
GRANTOR', to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of
Florida, whose address is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTEE",
"Whenever used herein the term GRAN'T'OR and GRANDE include all parties
to this instrument and their heirs, legal representatives, successors, and assigns.
WITNESSETH:
That GRANTOR for and in consideration of GRANTEE's credit to GRANTOR of $75,000 of
Traffic Impact Fee Credits and other consideration, receipt of which is hereby acknowledged, does
hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE a non-
exclusive easement for DRAINAGE and STORMWATER MANAGEMENT PURPOSES
sufficient to drain and store 1.2064 -acre feet of stormwater run-off from 43rd Avenue right-of-way
within the stormwater management facilities to be located on, over, across, and beneath the
following described land, together with the right of reasonable ingress and egress over and across
the following described land as is necessary to the GRANTEE's use of the right granted herein,
situate in Indian River County, Florida, to -wit:
SEE EXHIBIT 'W ATTACHED HERETO AND MADE A PART HEREOF
[which is Parcel 3A of the David Jones Survey dated 3/24/04, Job 97-204-120]
(hereinafter called the "Easement Area")
And GRANTOR, in the event that GRANTEE constructs 431 Avenue widening project in advance
of GRANI"OR's development of Parcel 3A, hereby grants to GRANTEE a Temporary
Construction Easement sufficient to drain and store 1.2064 -acre feet of stormwater run-off from
43rd Avenue right-of-way on the Easement Area. Reserving unto GRANTOR the right to substitute
and reconstruct said 1.2064 -acre feet of stormwater retention in such other location of Parcel 3A, as
described above, as necessary to accommodate GRANTOR's development plans. At such time as
the development of Parcel 3A occurs, GRANTOR shall execute an amendment to this Easement in
recordable form, to properly reflect the location of the stormwater management facilities actually
constructed on the Easement Area.
A
And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the premises in
fee simple, and that it has good right and lawful authority to convey the easement established
hereby.
IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first
above written.
Signed, sealed, and delivered
in the presence of:
sign
Witnesst
printed name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
DODGERTOWN VENTURE, LLLP, a
Delaware limited liability limited partnership
By. P & S III, Inc., a Florida corporation
its general partner
By
n
Title: ccs r
The foregoing instrument was sworn to and subscribed before me this day of
S n e, 2004, by TdX %: cS(t.Yli'��5DY1 , as
Ville PCL6 +� f of P & S III, Inc., a Florida corporation, on behalf of the
corporation, which corporation is the general partner of DODGERTOWN VENTURE, LLLP, a
Delaware limited liability limited partnership, on behalf of the limited liability limited partnership.
He/fie is personally known to me_ or produced as
identification.
Stamped Seal w/Commission # sign
Name & Expiration Date Ndta�iy Public
2
.•,,•,"" Nancy H. MossaN
9AISSION # DD179432 EXPIRES
March 26, 2007
'-i+!?iiiUTROY FAIN INSURANCE 94C
• ""#0 Nancy H. MonaB
MY COMMISSION # DD179432 EXPIRES
y as March 26, 2007
?. ,d�:•'
BONDED THRU TROY FAIN INSURANCE. INC
CI
DODGERTOWN PARCEL 3A
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 39 DEGREES 41
MINUTES 59 SECONDS EAST, A DISTANCE OF 39.13 FEET TO A POINT ON THE SOUTH RIGHT
OF WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3; THENCE SOUTH
89 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 0
DSGREES 00 MINUTES 41 SECONDS WEST, ALONG A LINE WHICH IS 50.00 rE£T EAST OF THE
CENTERLINE OF 43RD AVENUE, A DISTANCE OF 857.01 FEET, TO THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE SOUTH 89 DEGREES 45 MINUTES 39
SECONDS EAST, A DISTANCE OF 345.39 FEET; THENCE SOUTB 0 DEGREES 14 MINUTES 21
SECONDS WEST, A DISTANCE OF 85.00 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 39
SECONDS EAST, A DISTANCE OF 905.94 FEET; THENCE SOUTH 63 DEGREES 53 MINUTES 04
SECONDS EAST, A DISTANCE OF 326.71 FEET, TO A POINT ON THE WEST LINE OF A 66
FOOT WIDE DRAINAGE EASEMENT AS DESCRIBED IN OFFICIAL RECORD BOOK 210, PAGE 531,
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 18 DEGREES
15 MINUTES 26 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 386.46 FEET; THENCE
SOUTH 69 DEGREES 22 MINUTES 53 SECONDS WEST, A DISTANCE OF 1779.67 FEET, TO A
POINT ON THE LINE WHICH IS 50.00 FEET EAST OF THE CENTERLINE OF 43RD AVENUE;
THENCE NORTH D DEGREES 00 MINUTES 47 SECONDS EAST, ALONG SAID LINE, A DISTANCE
OF 1227.74 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 30.8662 ACRES, MORE OR LESS.
STATE Of K0910A
INDIAN; RIVER COUNTY
THIS 15 TO CERTIFY THAT T1415 15
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE.
C/00
TRAFFIC IMPACT FEE CREDIT AGREEMENT
BETWEEN 1559777
THIS DOCUMENT HAS BEEN
INDIAN RIVER COUNTY, FLORIDA N THE PUBLIC RECORDS OFRECORDED
AND INDIAN RIVER COUNTY FL
EF . BARTON, CLERIC BK: 1758 PG:543, Pagel of 5
BYL DODGERTOWN VENTURE, LLLP 07/13/2004 at 10:28 AM,
DATE Iy aro tiC JEFFREY K BARTON, CLERK OF
1" COURT
WHEREAS, on March 23, 2004 the Board of County Commissioners of
Indian River County, Florida approved Resolution No. 2004-033 which
Resolution approved an exchange of property with Dodgertown Venture, LLLP;
and
WHEREAS, condition number 3 of the exchange resolution read
A
�.: "Dodgertown Venture will deed to Indian River County 25 feet of additional right-
of-way (1.2064 acres) from the western border of its property
Q traffic impact fee credits, with the amount not to exceed $75,000.00;" and for
WHEREAS, condition number 4 of the exchange resolution provided that
"Dodgertown Venture will accept 1.2064 -acre feet of stormwater runoff from 43rd
J.. Avenue right-of-way in the southern 30 acres of its residential development area,
n
by means of a drainage/stormwater management easement in favor of Indian
u<
W�'L River County;" and
=o
..j
CCOO> WHEREAS, said deed and easement to IrXiloian River County had been
executed by Dodgertown Venture, LLLP this of June, 2004; and
WHEREAS, Indian River County Code Section 953.10(1) allows any
person commencing land development activity generating traffic to apply for a
credit against any fee owed for any land accepted and received by Indian River
County; and
WHEREAS, the parties to the exchange have agreed that the market
value of the right-of-way and easement is $75,000.00; and
WHEREAS, Indian River County Code Section 953.10(4) allows a credit
agreement to be approved by the County Administrator after the land dedication
is received and the application is fully executed by applicable parties; and
WHEREAS, consistent with Indian River County Code Section
953.10(6)(c), the 43rd Avenue widening meets an expansion need on the
County's 20 -year Transportation Capital Improvements Program,
'rl
F:\attorney\nancy\DOCS\DOC\TRAFFIC IMPACT FEE CREDIT AGREEMENT DODGERTOWN VENTURES LLLP.doc
NOW, THEREFORE, by this agreement Dodgertown Venture, LLLP
requests, and Indian River County approves, traffic impact fee credits in an
amount up to $75,000.00 pro rated between Parcels 1A and 3A (descriptions
attached) based on each parcel's 43rd Avenue lineal frontage, i.e., up to
$31,022.05 traffic impact fee credit to Dodgertown Venture, LLLP, their
successors and assigns with respect to Parcel 1A, and up to $43,977.95 traffic
impact fee credit to Dodgertown Venture, LLLP, their successors and assigns
with respect to Parcel 3A, which impact fee credits shall run with the land.
DODGERTOWN VENTURE, LLLP agrees on behalf of themselves, their
successors and assigns to supply to Indian River County at the time of
application to draw on the impact fee credits a drawing and legal description of
the land and a Certificate of Title reflecting ownership of the parcel for which
credit is claimed.
IN WITNESS WHERFWF, and pursuant to the authority cited above, we
have set our hands this � day of June, 2004.
signed in the presence of
the following witnesse
sign: 1t����
print:
wt MM0. VIA// r
ATTEST: Jeffrey K. Barton,
�--� Clerk of Circuit Court
Deputy Clerk
signed in the presence of the
following witnesses:
sign: C:
print:k.p% t'�i4'��
sign:
print:
2
INDIAN RIVER COUNTY, FLORIDA
By:
eph A. Baird
inty Administrator
DODGERTOWN VENTURE, LLLP, a
Delaware limited liability limited
partnership
By: P & S III, INC., a Florida
c
By
pri
titl(
rresiaent, Vice President or CEO
F:\attorney\nancy\DOCS\DOC\TRAFFIC IMPACT FEE CREDIT AGREEMENT DODGERTOWN VENTURES LLLP.doc
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this"day of
June, 2004 by Joseph A. Baird, County Administrator for Indian River
County, Florida on behalf of said county. He is either personally known to me
or has produced a valid Florida driver's license as identification.
�yY Pp, = Nancy H. Mossaii
MY COMMISSION # DD179432 EXPIRES
March 24 2007
SEAL: p 1 ,Ra BONDED THRU TROY FAIN INSURANCE, INC
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
NOTARY PUBLIC
sign: l,l'lA.nrr�
printed name:
Commission No.:
Commission Expiration:
The foregoing instrument was acknowledged before me this day of
June, 2004 by JLhh s� �� , as Y cuetires, efjo., of P &
S III, INC., a Florida corporation, on behalf of the corporation, which
corporation is the General Partner of DODGERTOWN VENTURE, LLLP, a
Delaware limited liability limited partnership, on behalf of the limited liability
limited partnership. He is either personally known to me or has produced a valid
Florida driver's license as identification.
NOTARY PUBLIC
sign:�
printed name.
SEAL: Commission No.:
Commission Expiration:
taffeNancy H. Mossall
MY COMMISSION # D0179432 EXPIRES
March 26, 2007
BONDED THRU TROY FAIN INSURANCE, INC
u'
F:\attorney\nancy\DOCS\DOC\TRAFFIC IMPACT FEE CREDIT AGREEMENT DODGERTOWN VENTURES LLLP.doc
DODGERTOWN PARCEL IA
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST", INDIAN
RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 67 DEGREES 59
MINUTES 23 SECONDS EAST, A DISTANCE OF 80.89 FEET, TO A POINT ON THE SOUTH RIGHT
OF WAY LINE OF INDIAN RIVER FARMS WATER CONTROL, DISTRICT CANAL A31 AND THE POINT
OF 13EGINNZNG OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE SOUTH 89 DEGREES 45
MINUTES 39 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAX LINE, A DISTANCE OF
288.70 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 21 SECONDS WEST, A DISTANCE OF
857.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 39 SECONDS WEST, A DISTANCE OF
310.39 FEET TO A POINT ON A LINE WHICH IS 50.00 FEET EAST OF THE CEU TERLINE'OF
43RD AVENUE; THENCE NORTH 0 DEGREES 00 MINUTES 47 SECONDS EAST, ALONG SAID LINE,
A DISTANCE OF 832.01 FEET; THENCE N 45007134"E, A DISTANCE Of 35.29 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CON'T'AINING 6.1328 ACRES, MORE OR LESS.
TOTAL P.02
DODGERTOWN PARCEL 3A
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDAr DESCRIBED AS FOLLOWS,
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 39 DEGREES 41
MINUTES 59 SECONDS EASTr A DISTANCE OF 39.13 FEET TO A POINT ON THE SOUTH RIGHT
OF WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3; THENCE SOUTH
89 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 0
DEGREES 00 MINUTES 47 SECONDS WESTr ALONG A LINE WHICH IS 50.00 FEET- EAST OF THE
CENTERLINE OF 43RD AVENUE, A DISTANCE OF 857.01 FEET, TO THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE SOUTH 89 DEGREES 45 MINUTES 39
SECONDS EAST, A DISTANCE OF 345.39 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 21
SECONDS WEST, A DISTANCE OF 85.00 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 39
SECONDS EAST, A DISTANCE OF 905.94 FEET; THENCE SOUTH 63 DEGREES 53 MINUTES 04
SECONDS EAST, A DISTANCE OF 326.71 FEET, TO A POINT ON THE WEST LINE OF A 66
FOOT WIDE DRAINAGE EASEMENT AS DESCRIBED IN OFFICIAL RECORD BOOK 210, PAGE 531r
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 18 DEGREES
15 MINUTES 26 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 386.46 FEET; THENCE
SOUTH 69 DEGREES 22 MINUTES 53 SECONDS WEST, A. DISTANCE OF 1779.67 FEET, TO A
POINT ON THE LINE WHICH IS 50.00 FEET EAST OF THE CENTERLINE OF 43RD AVENUE;
THENCE NORTH 0 DEGREES 00 MINUTES 47 SECONDS EAST, ALONG SAID LINE, A DISTANCE
OF 1227.74 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 30.8662 ACRES, MORE OR LESS.
Y
Prepared by, Record &"d n-t_m ,_:
Robert C. Reid, Esq.
Bryant Miller & Olive P.A.
201 South Monroe Street, Suite 500
Tallahassee, Florida 32301
1559775
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1758 PG:529, Pagel of 11
07/13/2004 at 10:28 AM,
JEFFREY K BARTON, CLERK OF
COURT
FIRST AMENDMENT TO FACILITY LEASE AGREEMENT
This FIRST A14ENDMENT TO FACILITY LEASE AGREEMENT ("First Amendment") is
made as of thisr-1— day ofjr4 �Ie 2004 (the "Effective Date"), by and between Indian River
County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the
"County"), and Los Angeles Dodgers LLC, a Delaware limited liability company, as successor in
interest to the assets of Los Angeles Dodgers, Inc., a Delaware corporation (hereinafter referred
to as the "Dodgers").
RECITALS
A. WHEREAS, prior to February 13, 2004, Los Angeles Dodgers, Inc. owned and
operated the Major League Baseball team known as the "Los Angeles Dodgers" (the "Team");
and
19
WHEREAS, since 1949, the Team has conducted its spring training operations
and played its spring
Lease Agreement); and
training home games at the Facility (as such is defined in the Facility
C. WHEREAS, the County acquired the Facility pursuant to a Warranty Deed dated
August 29, 2001 and recorded in Official Records Book 1426, Page 0555, of the Public Records of
Indian River County, Florida (the "County Deed"); and
D. WHEREAS, the County leased the Facility and certain real property to Los
Angeles Dodgers, Inc. pursuant to the Facility Lease Agreement dated September 1, 2000, which
Facility Lease Agreement is recorded in Official Records Book 1426, Page 0567, of the Public
Records of Indian River County, Florida (the "Facility Lease Agreement"); and
E. WHEREAS, pursuant to the Assignment of Lease entered into as of February 13,
2004, by and between Los Angeles Dodgers, Inc. and LA Team Co. LLC, Los Angeles Dodgers,
Inc. assigned to LA Team Co. LLC all of Los Angeles Dodgers, Inc.'s right, title and interest in,
to, and under, and LA Team Co. LLC assumed all of the obligations and liabilities of Los
Angeles Dodgers, Inc., under the Facility Lease Agreement; and
{FT218339;21
Page 1 of 11
F. WHEREAS, on February 27, 2004, LA Team Co. LLC changed its name to Los
Angeles Dodgers LLC; and
G. WHEREAS, the County owns an additional parcel of approximately 9.1297 acres
adjacent to the Facility (the 'Parking Property") pursuant to a Special Warranty Deed dated on
or about the date hereof, and which is to be recorded in the Public Records of Indian River
County, Florida simultaneously with the recording of this First Amendment, and
H. WHEREAS, the parties hereto desire to ensure that adequate parking is readily
available for all anticipated events at the Facility; and
I. WHEREAS, the County and Los Angeles Dodgers, LLC, as the assignee of and
successor to Los Angeles Dodgers, Inc., desire to amend the Facility Lease Agreement so as to
include the Parking Property within the property leased to the Dodgers thereunder; and
J. WHEREAS, the Dodgers desire to construct, operate and maintain certain
improvements to the Parking Property under the terms and conditions specified herein.
COVENANTS
NOW THEREFORE, in consideration of the foregoing Recitals (which are hereby
incorporated into this First Amendment) and the mutual promises and covenants set forth
below, IT IS AGREED AS FOLLOWS:
ARTICLE I
DEFINITIONS/EXHIBITS
Section 1.01 Exhibits. All Exhibits attached hereto are incorporated into this First
Amendment by this reference.
Section 1.02 Definitions. All capitalized terms not otherwise defined herein shall have
the meanings set forth in the Facility Lease Agreement. Additionally, the following terms shall
have the following meanings:
(a) "Declaration of Easements for Parking" means that certain Declaration of
Easements for Parking entered into as of August 29, 2001, by and between the County,
Los Angeles Dodgers, Inc., and Vero Acquisition LLLP, a Florida limited liability limited
partnership ("Developer"), as recorded in O.R. Book 1426, Page 0623, Indian River
County.
(b) 'Parking Facility" means the Parking Property and any Parking
Improvements thereon.
{FT218339;2)
Page 2 of 11
(c) "Parking Improvements" means any and all improvements to the Parking
Property made for the purpose of ensuring the ready availability and adequacy of
parking. The form and structure of the improvements will lie within the sole discretion
of the Dodgers, but may include (without limitation) stabilized grass parking,
impervious surface structure and/or a parking garage.
(d) "Parking Property" means the real property described in Exhibit A hereto
and incorporated herein by reference.
ARTICLE II
PRIOR AGREEMENTS/PURPOSE
Section 2.01 Prior Agreements. The parties hereto acknowledge that certain parking
rights were granted to the County pursuant to the Parking Agreement (as defined in the Facility
Lease Agreement), which rights were intended to benefit the Facility and the Dodgers use
thereof, and which Parking Agreement resulted in the Declaration of Easements for Parking. By
this First Amendment, the parties intend to provide an alternate means of providing the rights
and benefits accorded by the Parking Agreement and the Declaration of Easements for Parking.
Therefore, all prior agreements and understandings of the parties with respect to the provision
of, or the obligation to provide parking for the Facility, including but not limited to, the Parking
Agreement, the Facility Lease Agreement, the Development Agreement and the Declaration of
Easements for Parking (collectively, the "Prior Agreements") are intended to be superceded by
this First Amendment, but only with regard to the provisions in such Prior Agreements that
pertain to parking for the Facility. Without limiting the effect of the foregoing, the parties
hereby terminate, effective immediately, the Parking Agreement and the Declaration of
Easements for Parking, and agree that any encumbrances placed on the Adjacent Land (as
defined in the Declaration of Easements for Parking), including, without limitation, any and all
easements running with the land, are hereby lifted, voided, nullified, and removed. Evidence of
the termination of the Parking Agreement and the Declaration of Easements for Parking shall be
recorded among the Public Records of the County (together with the appropriate joinder of the
Developer's successor -in -interest). As between the County and the Dodgers, in the event of a
conflict between the provisions of this First Amendment and the provisions of any of the Prior
Agreements, the provisions of this First Amendment will supercede and prevail over those of
the Prior Agreements,
Section 2.02 Purpose. The purpose of this First Amendment is to supplement and
amend the Facility Lease Agreement so as to include the Parking Facility within the scope
thereof and to set forth terms and conditions for the use and improvement of the Parking
Property by the Dodgers pursuant to the Facility Lease Agreement.
{FT218339;2)
Page 3 of 11
ARTICLE III
AMENDMENT
Section 3.01 Expansion of the Land; Ingress and Egress. In consideration of the
obligations undertaken by the Dodgers in this First Amendment, the County hereby agrees to
amend the Facility Lease Agreement so that, effective as of March 23, 2004, the property
referred to in the Facility Lease Agreement and defined as the "Land" is hereby expanded to
include and encompass the Parking Property described in Exhibit A hereof. The Dodgers shall
provide, or shall cause to be provided, adequate ingress and egress to and from the Parking
Facility to 43rd Avenue and/or 26f Street adequate to provide for the orderly movement of
vehicles to and from the Parking Facility. All other rights and obligations that the Dodgers may
have with regard to the Land pursuant to the Facility Lease Agreement, including, without
limitation, the option to purchase the Land pursuant to Section 2.05 of the Facility Lease
Agreement, shall hereafter apply to the Parking Property. During the Term, the County shall
not lease to or grant to any person other than the Dodgers, the right to use, manage, or operate
the all or any portion of the Parking Property.
Section 3.02 Management of the Parking Facility. Except as otherwise provided in this
First Amendment, the Dodgers shall have the exclusive right to use, manage, and operate the
Parking Facility at their sole discretion in accordance with the terms and purposes of the
Facility Lease Agreement. The Dodgers shall not cause, permit, or suffer any waste or damage,
disfigurement, or injury to the Parking Facility or the fixtures or equipment thereon, with the
exception of reasonable wear and tear, loss or damage by fire, natural catastrophe, or other
casualty, or condemnation. Notwithstanding anything to the contrary contained in this First
Amendment, the Dodgers shall not be responsible for ad valorem real estate taxes, if any,
assessed or collected with respect to the Parking Facility, which (if any) are payable by the
County as provided in Section 4.04 of the Facility Lease Agreement. The County shall not
remove any FF&E from the Parking Facility, and the Dodgers shall have the right, during the
Term, to use all FF&E in place prior to or after the Effective Date. During the Term, the
Dodgers shall have, but not be limited to, the following rights, responsibilities, and obligations
in connection with the Parking Facility:
(a) Provide for at not less than 2,358 parking spaces, or such larger number
of spaces as equals not less than 108% of the required number of parking spaces for the
Facility in order to meet the applicable code requirements of the City;
(b) At their sole discretion, determine the form and structure of the Parking
Improvements and, in accordance with the provisions of Articles IV and VIII of the
Facility Lease Agreement, construct the Parking Improvements on the Parking Property;
(c) Perform all maintenance of the Parking Facility, including by providing
all of the labor and materials required to keep the Parking Facility clean and free of
debris and by repairing, maintaining, and replacing all components of the Parking
{FT218339;2 f
Page 4 of 11
Facility consistent with the Maintenance Standards and the provisions of Articles IV and
VIII of the Facility Lease Agreement;
(d) Maintain the Parking Facility, including, but not limited to, any Parking
Improvements constructed thereon and grounds of the landscaping in good order,
condition, and repair, in a clean, sanitary, and safe condition, and in accordance with all
applicable laws and regulations and the provisions of Articles IV and VIII of the Facility
Lease Agreement;
(e) Provide all security, crowd control, maintenance, cleaning, landscaping
and other personnel or independent contractors required for the proper maintenance
and operation of the Parking Facility consistent with the Maintenance Standards and the
provisions of Articles IV and VIII of the Facility Lease Agreement;
(f) Obtain and maintain all commercial general liability insurance necessary
or appropriate to insure the liability of the County and the Dodgers with respect to the
Parking Facility in accordance with Section 14.05 of the Facility Lease Agreement;
(g) Set rates and charges for the use of the Parking Facility by third parties;
(h) Control, collect, receive, and retain all revenues generated by any means
at or in connection with the Parking Facility;
(i) Select and employ all concessionaires, licensees and other contractors
with respect to the Parking Facility; and
(j) Enter into lawful contracts in the Dodgers' name relating to any and all of
the foregoing upon terms and conditions which are consistent with the Maintenance
Standards and the terms of this First Amendment.
Section 3.03 Maintenance. The Dodgers shall maintain the Parking Facility in
accordance with the Maintenance Standards and the provisions of Articles IV and VIII of the
Facility Lease Agreement,
Section 3.04 Limitations. The Dodgers' rights and obligations under this First
Amendment are subject to the following additional limitations:
(a) No contract entered into pursuant to this First Amendment may impair
any right of the County hereunder.
(b) The Dodgers shall not, without the County's consent, enter into any
contract extending beyond the expiration date of the Term, as the Term is defined when
any such contract is executed by the Dodgers.
IFT218339;2}
Page 5 of 11
(c) The Dodgers shall take no action which may result in the attachment of a
lien or cloud on the County's interest in or title to the Parking Facility. If, as a result of
the Dodgers' actions, a lien or cloud is attached to the County's interest or title to the
Parking Facility, the Dodgers shall immediately take all reasonable and necessary steps
to remove such lien or cloud.
(d) The Dodgers shall not knowingly occupy or use the Parking Facility for
any purpose or in any manner that is unlawful.
(e) Within the policies and standards set by the County pursuant to this First
Amendment, the Dodgers shall function as an independent contractor in fulfilling the
duties required by this First Amendment. All staff required by the Dodgers to
accomplish their obligations under this First Amendment shall be employees of the
Dodgers and not the County.
(f) The Dodgers take the Parking Property "as is" both as of the Effective
Date and upon completion of the Improvements, with no warranty from the County as
to condition.
(g) The Dodgers shall provide, at their expense, all equipment necessary to
perform their responsibilities hereunder.
(h) If the County reasonably believes that the Dodgers' failure to comply
with any of their obligations under this First Amendment involves a "life safety issue,"
as hereinafter defined, the County shall have an immediate right to correct the life safety
issue and the reasonable costs and expenses incurred by the County in correcting the life
safety issue shall be due and payable by the Dodgers to the County within thirty (30)
days after the submission of a statement to the Dodgers for the payment of the same. If
such amount is not paid when due, it shall bear interest at the prime rate published by
the Wall Street Journal from time to time from the date that the Dodgers received the
County's statement until the date payment was made. For purposes of this First
Amendment, a "life safety issue" shall mean a situation which imposes an immediate
threat of bodily harm or death to any users or occupants of the Parking Facility.
(i) Other than the Parking Improvements, the Dodgers shall not construct
any additional buildings or structures on any portion of the Parking Property without
the prior written approval of the County, which approval shall not be unreasonably
withheld.
(j) On or before the expiration date of the Term, the Dodgers shall remove
all of their personal goods and effects, repair any damage caused by such removal, and
surrender and deliver the Parking Facility in its "AS IS" condition. Any personal
property or effects not removed within thirty (30) days after the expiration date of the
{FT218339;2)
Page 6 of 11
Term shall be deemed to have been abandoned by the Dodgers, and may be retained or
disposed of by the County, in its sole discretion, in accordance with applicable law.
(k) Upon the expiration or earlier termination of the Facility Lease
Agreement, the Dodgers shall return the Parking Facility to the County free and clear of
any contractual obligations or other legal encumbrances granted by the Dodgers, except
utility easements and other encumbrances necessary for the maintenance and operation
of the Parking Facility.
(1) The Parking Facility shall not be used for the manufacture or storage of
flammable, explosive or Hazardous Materials (as defined below), except for Hazardous
Materials typically found for use or sale in retail stores, including supermarkets and dry
cleaning stores, and/or typically found for use in comparable spring training facilities.
For purposes of this First Amendment, "Hazardous Materials" shall mean any
containment, chemical, waste, irritant petroleum product, waste product, radioactive
material, flammable or corrosive substance, explosive, poly -chlorinated biphenyls,
asbestos, hazardous toxic substance, material or waste of any kind, or any other
substance that any environmental law regulates. "Hazardous Materials" shall include,
but not be limited to, substances defined as "hazardous substances," "hazardous
materials," or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the
Hazardous Materials Transportation Act, 39 U.S.C. Section 1801, et seq.; the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; all applicable state and
local laws; and in the regulations adopted and publications promulgated pursuant to
said laws or any amendments or addenda thereto.
Section 3.05 Indemnification. The Dodgers shall defend, indemnify and hold the
County harmless from all claims relating to the installation and construction of the Parking
Improvements, including, but not limited to, those that may be asserted against the Dodgers or
the Parking Facility, and also including without limitation, all lien rights or claims created or
permitted by the Dodgers, its employees, agents or contractors, in exercising its access and
possessory rights as set forth herein relating to the installation and construction of the Parking
Improvements.
Section 3.06 Facility Lease Agreement. All other terms and conditions of the Facility
Lease Agreement remain the same, and shall remain in full force and effect.
Section 3.07 Right of First Refusal; Repurchase Option. Pursuant to the County Deed,
the Dodgers reserved a right of first refusal and a repurchase option, on the terms and
conditions set forth in the County Deed. The County and the Dodgers hereby acknowledge and
agree that the Parking Property is included within the property that is the subject of the right of
first refusal and the repurchase option for all purposes of the County Deed.
{FT218339;2}
[Remainder of page intentionally left blank.]
Page 7 of 11
IN WITNESS THEREOF, the undersigned have executed this First Amendment as of the
day and year first above written.
[Seal]
Date: C'M s'
i
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
INDIAN RIVER COUNTY, FLORIDA,
AS LESSOR
By:
Its: Chairman
Clerk r
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
B � -
By: �
County Attorney
The foregoininstrument was acknowledged before me this day of
2004, by Ot! 1�as Chairman of Indian River
County, Florida, a political subdivision of the State of Florida, on behalf of such political
subdivision. She is peMnall known to me or produced a valid driver's license as
identification.
MYCOMMI#D
Nonc R�ali
D179432 EXPIRES
4 27
BONDED THnRUU TROY brch FAN NSSUURANO� INC
f FT218339;2)
My commission expires:
Page 8 of 11
Date: /0 i� T. 6
WITNESSES:
At�7,1� . 6C ��-
Print Name> M# - 166(f7T
Print Name: a�� y rf jo,3 d
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
The foregoin,
2004, by
Dodgers LLC, a Delaware
LOS ANGELES DODGERS LLC,
M
By
Its:
h
[ent was acknowledged before me this day of
iea Uafa as Vit7go rd&k4tof Los Angeles
liability company, on behalf of such limited liability
company. He is personally known to me or produced a valid driver's license as identification.
(FT218339;3}
Notary Public
Print Name: �-
My commission expires:
Nancy K Mossah
*_MY COMMISSION # DD179432 EXPIRES
March 24 2007
"j • • • b'J BONDED THRU TROY FAIN INSURANCE. INC
Page 9 of 11
EXHIBITS:
Exhibit A Legal Description of Parking Facility
{FT218339;21
Page 10 of 11
EXHIBIT A
LEGAL DESCRIPTION OF PARKING FACILITY
(ALSO KNOWN AS A PORTION OF DODGERTOWN PARCEL 2)
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 67
DEGREES 59 MINUTES 23 SECONDS EAST, A DISTANCE OF 80.89 FEET TO A POINT ON
THE SOUTH RIGHT OF WAY LINE OF INDIAN RIVER FARMS WATER CONTROL
DISTRICT CANAL A3; THENCE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST,
ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE. OF 288.78 FEET, TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE
SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, ALONG SAID LINE, A DISTANCE
OF 392.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 21 SECONDS WEST, A
DISTANCE OF 876.82 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST,
A DISTANCE OF 414.56 FEET; THENCE SOUTH 63 DEGREES 53 MINUTES 04 SECONDS
EAST, A DISTANCE OF 149.35 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 39
SECONDS WEST, A DISTANCE OF 905.94 FEET; THENCE NORTH 0 DEGREES 14 MINUTES
21 SECONDS EAST, A DISTANCE OF 85.00 FEET; THENCE NORTH 89 DEGREES 45
MINUTES 39 SECONDS WEST, A DISTANCE OF 35.00 FEET; THENCE NORTH 0 DEGREES
14 MINUTES 21 SECONDS EAST, A DISTANCE OF 857.00 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINING 9.1297 ACRES, MORE OR LESS.
IFT218339;2)
Page 11 of 11
PREPARED BY: COPIr
Eric D. Rapkin, Esq.
Akerman Senterfitt
350 East Las Olas Boulevard, Suite 1600
Ft. Lauderdale, Florida 33301
RobertC. Reid, Es
Bryant, Mill d Olive, P.A.
201S onroe Street, Suite 500
RESERVED FOR USE BY
CLERK OF CIRCUIT COURT
1559772
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1758 PG:516, Pagel of 7
07/13/2004 at 10:28 AM,
JEFFREY K BARTON, CLERK OF
COURT
THIS FIRST AMEND_,N�iENT TO COLLATERAL DEVELOPMENT AGREEMENT (the "First
Amendment") is made as of the AMEN
ay of tD(�,-�/�,P , 2004, between LOS ANGELES DODGERS LLC, a
Delaware limited liability company (the "Dodgers"), and DODGERTOWN VENTURE, LLLP, a Delaware
limited liability limited partnership (the "Developer").
WITNESSETH:
WHEREAS, Los Angeles Dodgers, Inc. and Vero Acquisition, LLLP executed that certain Collateral
Development Agreement, dated as of August 29, 2001, and recorded in Official Records Book 1426, Page 0596,
of the Public Records of Indian River County, Florida (the "Collateral Development Agreement"), which
Collateral Development Agreement was consented to by INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida (the "County"); and
WHEREAS, the Dodgers have succeeded to the interest of Los Angeles Dodgers, Inc. under the
Collateral Development Agreement; and
WHEREAS, Developer has succeeded to the interest of Vero Acquisition, LLLP under the Collateral
Development Agreement; and
WHEREAS, pursuant to a Special Warranty Deed dated on or about the date hereof, and which is to be
recorded in the Public Records of Indian River County, Florida simultaneously with the recording of this First
Amendment, Developer has conveyed to the County a portion of the Adjacent Land consisting of approximately
9.1297 acres, as more particularly described in Exhibit "A," attached hereto and made a part hereof (the "Parking
Property"); and
WHEREAS, pursuant to a Special Warranty Deed dated on or about the date hereof, and which is to be
recorded in the Public Records of Indian River County, Florida simultaneously with the recording of this First
Amendment, Developer has conveyed to the County a portion of the Adjacent Land consisting of approximately
1.2064 acres, as more particularly described in Exhibit "B," attached hereto and made a part hereof (collectively,
the 'Right -of -Way Parcels"); and
{FT218401;3 }
WHEREAS, the parties desire to amend the Collateral Development Agreement in order to confirm that
the Parking Property is no longer part of the Adjacent Land and is instead now part of the Baseball Facilities; and
WHEREAS, the parties desire to amend the Collateral Development Agreement in order to release the
Right -of -Way Parcels from the Collateral Development Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein as if
set forth in full.
2. Definitions. All capitalized terms not otherwise defined herein shall have the meanings set forth
in the Collateral Development Agreement.
3. Parking Property. The parties hereby acknowledge and agree that, for all purposes of the
Collateral Development Agreement, the Parking Property is no longer part of the Adjacent Land and is instead
now part of the Baseball Facilities.
4, Right -of -Way Parcels. The parties hereby acknowledge and agree that the Right -of -Way Parcels
are hereby released from the Collateral Development Agreement for all purposes thereof, such that the
Right -of -Way Parcels are no longer subject to the provisions of the Collateral Development Agreement.
[signatures begin on next page]
{FT218401;3} -2-
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first above
written.
Date: 6§ —
,-
WITNESSES:
n
vvu-c�,.C� r`(UJB' Lr
40Print Name: �01-kk140e4 L.l,'iExl r
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
LOS ANGELES DODGERS LLC
By:
Its:
The foregoing instrument was acknowledged before
2004, by �,r(j (lj1411 t , as fof Los
me this Ah day o
Angeles Dodgers LLC,
• �Ttj a v
a Delaware limited
liability compan , on behalf of such limited liability company. He is personally known to me or produced a valid
driver's license as identification.
ja "IMMIrip,i !_Print Name:
My commission expires:
,,,,,,,
; tl.r .. Nancy R Mossali
MY COMMISSION # DD179432 EXPIRES
March 24 2007
BONDED THRU TROY FAIN INSURANCE INC
IFT218401;31 -3-
[Seal]
Date:. ! l
WITNESSES:
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
DODGERTOWN VENTURE, LLLP
By: P & S III, Inc., a Florida corporation, its general
partner
By
Its:
---7
Attest:
Iv
Aq
Secretary
The foregoing instrument was acknowledged before me t is mt day of
2004 by �( hE ciijajou,00 as VILr e-sdd" of P & S III, Inc., a Florida
corporation, on behalf of the corporation, which corporation is the general partner of DODGERTOWN
VENTURE, LLLP, a Delaware limited liability limited partnership, on behalf of the limited liability limited
partnership. Hef9iye is personally known to_ r��or produced a valid driver's license as identification.
:. Nancy H. Mossall
* ,r MYCOMMISSION# DD179432 EXPIRES
March 24 2007
BONDED THRU TROY FAIN INSURANCE, INC
_11.t
Notary Public
Print Name:
My commission expires:
{FT218401;3 } _q._
CONSENT
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, as the fee simple
owner of the Parking Property described on Exhibit "A" hereto, hereby consents to the foregoing First
Amendment to Collateral Development Agreement.
[Seal]
Date:
r
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
INDIAN RIVER COUNTY, FLORIDA
By: Ll_�;
% 1C.
Its: Chairman
AttesL
,
Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
Thg foregoing instrument was acknowledged before me this I 4h �-�— day of I ne, ,
20041 by clone, b, 6i nh , as Chairman of Indian River County, Florida, a political
subdivision of the State of Florida, on behalf of such political subdivision. She is personally known to me or
produced a valid driver's license as identification.
Nancy tj D79g2MYCOMMISS ON Di3EXPIRES
' e March 24 2007
BONDED TNR" 1101 'AIN WSURANCE INC
Notary Publi
Print Name:
My commission expires:
(FT218401;3) -5-
EXHIBIT "A"
LEGAL DESCRIPTION OF PARKING FACILITY
(ALSO KNOWN AS A PORTION OF DODGERTOWN PARCEL 2)
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 67 DEGREES 59
MINUTES 23 SECONDS EAST, A DISTANCE OF 80.89 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3; THENCE SOUTH 89
DEGREES 45 MINUTES 39 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A
DISTANCE OF 288.78 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF
LAND; THENCE CONTINUE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, ALONG SAID
LINE, A DISTANCE OF 392.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 21 SECONDS WEST, A
DISTANCE OF 876.82 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, A
DISTANCE OF 414.56 FEET; THENCE SOUTH 63 DEGREES 53 MINUTES 04 SECONDS EAST, A
DISTANCE OF 149.35 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 39 SECONDS WEST, A
DISTANCE OF 905.94 FEET; THENCE NORTH 0 DEGREES 14 MINUTES 21 SECONDS EAST, A
DISTANCE OF 85.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 39 SECONDS WEST, A
DISTANCE OF 35.00 FEET; THENCE NORTH 0 DEGREES 14 MINUTES 21 SECONDS EAST, A
DISTANCE OF 857.00 FEET TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINING 9.1297 ACRES, MORE OR LESS.
I FT218401;3 }
EXHIBIT "B"
LEGAL DESCRIPTION OF RIGHT-OF-WAY PARCELS
(ALSO KNOWN AS A PORTION OF DODGERTOWN PARCEL 2)
RIGHT OF WAY 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:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 39'41'59" EAST,
A DISTANCE OF 39.13 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 43RD
AVENUE AND THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT CANAL A3 AND BEING THE POINT OF BEGINNING; THENCE ALONG THE
AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF CANAL A3, SOUTH 890 45' 39" EAST, A
DISTANCE OF 50.00 FEET; THENCE SOUTH 45° 07'34" WEST, A DISTANCE OF 35.29 FEET; THENCE
SOUTH 000 00' 47" WEST, A DISTANCE OF 832.01 FEET; THENCE NORTH 89° 45' 39" WEST, A
DISTANCE OF 25.00 FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF
43RD AVENUE; THENCE, ALONG SAID RIGHT-OF-WAY LINE, NORTH 000 00'47" EAST, A DISTANCE
OF 857.01 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.4990 ACRES, MORE OR LESS.
RIGHT OF WAY PARCEL 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:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 39° 41' 59" EAST,
A DISTANCE OF 39.13 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 43RD
AVENUE AND THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT CANAL A3; THENCE ALONG THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF
43RD AVENUE, SOUTH 000 00' 47" WEST, A DISTANCE OF 857.01 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 89° 45'39" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 00° 00'
47" WEST, A DISTANCE OF 1227.74 FEET; THENCE SOUTH 69° 22'53" WEST, A DISTANCE OF 26.71
FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT-OF-WAY LINE OF 43RD AVENUE;
THENCE ALONG SAID LINE, NORTH 000 00'47" EAST, A DISTANCE OF 1237.25 FEET TO THE POINT
OF BEGINNING.
SAID PARCEL CONTAINING 0.7074 ACRES, MORE OR LESS.
{FT218401;3}
\,
�a
>a
AX a:±
zg0.
�+ 0 Lu
xuca >
PREPARED BY:
Eric D. Rapkin, Esq.
Akerman Senterfitt
350 East Las Olas Boulevard, Suite 1600
Ft. Lauderdale, Florida 33301
Robert C. Reid,
Bryant, MillWg
201 SQmKNIoni
Olive, P.A.
Street, Suite 500
RESERVED FOR USE BY
CLERK OF CIRCUIT COURT
1559771
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
PID
INDIAN RIVER COUNTY FL
C (0)BK: 1758 PG:510, Pagel of 6
07/13/2004 at 10:28 AM,
JEFFREY K BARTON, CLERK OF
COURT
TERMINATION OF DECLARATION OF EASEMENTS FOR PARKING
THIS TERMINATION QX DECLARATION OF EASEMENTS FOR PARKING
(the "Termination") is made as of theIV 7ay oQ_, 2004, between LOS ANGELES DODGERS
LLC, a Delaware limited liability company (the "Dodgers'), DODGERTOWN VENTURE, LLLP, a Delaware
limited liability limited partnership (the "Developer"), and INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida (the "County"),
WITNESSETH:
WHEREAS, Los Angeles Dodgers, Inc., Vero Acquisition, LLLP, and the County executed that certain
Declaration of Easements for Parking, dated as of August 29, 2001, and recorded in Official Records Book 1426,
Page 0623, of the Public Records of Indian River County, Florida (the "Declaration of Easements for Parking");
and
WHEREAS, the Dodgers have succeeded to the interest of Los Angeles Dodgers, Inc. under the
Declaration of Easements for Parking; and
WHEREAS, Developer has succeeded to the interest of Vero Acquisition, LLLP under the Declaration of
Easements for Parking; and
WHEREAS, pursuant to a Special Warranty Deed dated on or about the date hereof, and which is to be
recorded in the Public Records of Indian River County, Florida simultaneously with the recording of this
Termination, Developer has conveyed to the County a portion of the Adjacent Land consisting of approximately
9.1297 acres, as more particularly described in Exhibit "A," attached hereto and made a part hereof (the "Parking
Property"); and
WHEREAS, because the Parking Property will be sufficient for the Dodgers to provide parking for the
Baseball Facilities in accordance with Legal Requirements, and because the development of the Adjacent Land
will no longer require the inclusion of any portion of the Baseball Facilities to determine the parking requirements
for the Adjacent Land, the parties desire to terminate the Declaration of Easements for Parking, effective as of the
Termination Date, as hereinafter defined, pursuant to the terms of this Termination.
{FT218372;3}
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein as if
set forth in full.
2. Definitions. All capitalized terms not otherwise defined herein shall have the meanings set forth
in the Declaration of Easements for Parking.
3. Termination Date. The Declaration of Easements for Parking is hereby terminated for all
purposes as of the date of this Termination (the "Termination Date").
4. Release of Liability. As of the Termination Date, the parties hereto hereby release each other and
their respective directors, officers, shareholders, members, partners, agents, and affiliates from any and all
obligations and liabilities arising out of, with respect to, or in any way pertaining to the Declaration of Easements
for Parking.
5. Termination of Parking_ Agreement. The Declaration of Easements for Parking arose out of that
certain Parking Agreement (as defined in the Facility Lease Agreement described in the Declaration of Easements
for Parking). This Termination also serves to terminate the Parking Agreement for all purposes.
[signatures begin on next page]
{FT218372;3} _2_
IN WITNESS WHEREOF, the parties have executed this Termination as of the date first above written.
[Seal]
Date: la A 4-o4
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
INDIAN RIVER COUNTY, FLORIDA
57
By:
Its: Chairman
Aft f//J
Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By.
The foregoing instrument was acknowledged
20049 by Ol j nL. 1 as Chairman
subdivision of the State of Florida, on behalf of such political
produced a valid driver's license as identification.
•,,, Y Nancy K MMQII
MY COMMISSION # DD179432 EXPIRES
March 26, 2007
•.�j�' of.•�` BONDED THRU TROY FAIN INSURANCE, INC
County Attorney
before me this day of (� e ,
of Indian River County, Florida, a political
subdivision. She is personally known to me or
(.y)"-LkY) Aj id ar
Notary Public
Print Name:
My commission expires:
{FT218372;3} -3-
Date: L Ai (Q
SES:
'Print Name
r
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
LOS ANGELES DODGERS LLC
By
Its:
The foregoin instrument was ackno ledged before
2004, by �C? �( , as of Los
me this A c Irl day of_,
Angeles Dodgers LLC, a Delaware limited
liability company, on behalf of such limited liability company. He is personally known to me or produced a valid
driver's license as identification. �
r ..
Notary' • rPrint Name:
My commission expires:
tw%i 11
Nancy H. Mond
MYCOMMISSION# DD179432 EXPIRES
ate; March 26, 2007
BONDED THRU TROY FAIN INSURANCE INC
{FT218372;3} -4-
[Seal]
Date: 64
WITNESSES:
Print Name: Ltd � ///cry �' iy r
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
DODGERTOWN VENTURE, LLLP
By: P & S II1, Inc., a Florida corporation, its general
partner
By
Its:
Attest: A
N (
Secretary
The foregoing instrument was acknowledged before me th}*s day of U o rio ,
2004 by s n r ju)6 a as V I A tY Pred,d ��q l of P& S I11, Inc., a Florida
corporation, on behalf of the corporation, which corporation is the general partner of DODGERTOWN
VENTURE, LLLP, a Delaware limited liability limited partnership, on behalf of the limited liability limited
partnership. He/&heois personally known to me or produced a valid driver's license as identification.
'0AY80001,0,Nancy R Mossall
*;AMYCOMMISSION# DD179432 EXPIRES
'�'' March 24 2007
`ejjs f4 � BONDED THRU TROY FAIN INSURANCE INC
TIM W TAI Nov
tt Vaw
My commission expires:
{FT218372;3} -5
EXHIBIT "A"
LEGAL DESCRIPTION OF PARKING FACILITY
(ALSO KNOWN AS A PORTION OF DODGERTOWN PARCEL 2)
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 67 DEGREES 59
MINUTES 23 SECONDS EAST, A DISTANCE OF 80.89 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3; THENCE SOUTH 89
DEGREES 45 MINUTES 39 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A
DISTANCE OF 288.78 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF
LAND; THENCE CONTINUE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, ALONG SAID
LINE, A DISTANCE OF 392.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 21 SECONDS WEST, A
DISTANCE OF 876.82 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, A
DISTANCE OF 414.56 FEET; THENCE SOUTH 63 DEGREES 53 MINUTES 04 SECONDS EAST, A
DISTANCE OF 149.35 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 39 SECONDS WEST, A
DISTANCE OF 905.94 FEET; THENCE NORTH 0 DEGREES 14 MINUTES 21 SECONDS EAST, A
DISTANCE OF 85.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 39 SECONDS WEST, A
DISTANCE OF 35.00 FEET; THENCE NORTH 0 DEGREES 14 MINUTES 21 SECONDS EAST, A
DISTANCE OF 857.00 FEET TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINING 9.1297 ACRES, MORE OR LESS.
{FT218372;3}
Brart
Miller
Olive PA.
August 12, 2004
Indian River County
1840 25th Street
Vero Beach, FL 32960
Attn: Joe Baird
RE: Dodgertown Venture, LLLP to Indian River County
Dear Mr. Baird:
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G : Ut'ritiE
AUG 2 5 '2004
., .,
Y'. 1 I,:i
Please find enclosed the original Chicago Title Insurance Company's Owner's Title
Policy in connection with the above referenced matter.
Should you require any further information or documentation, please feel free to call me
at any time.
cki C. Robinson
Secretary to Robert C. Reid
Encl
201
South
Monroe
Street
•
Suite
500 •
Tallahassee,
Florida
32301.
850-222-8611
• Fax:
850-222-8969
•
www.bmolaw.com
TALLAHASSEE
9
TAMPA
0 ORLANDO
0
MIAMI
0 ATLANTA
ALTA Owner's Policy (10-17-92) (WITH FLORIDA MODIFICATIONS)
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY (10-17-92)
(WITH FLORIDA MODIFICATIONS)
10 2976 106 000 00011
_I
CHICAGO TITLE INSURANCE COMPANY
-
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
Y.
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
�L
INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of the Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized
signatory.
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CHICAGO TITLE INSURANCE COMPANY
Issued by:
By.
BRYANT, MILLER AND OLIVE, P.A.
201 S MONROE STREET
SUITE 500
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TALLAHASSEE, FL 32301
(850) 222-8611 �—�—"
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ALTA Owner's Policy (10-17-92) (WITH FLORIDA MODIFICATIONS)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for
the estate.or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by
reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance
or fraudulent transfer; or
the transaction creating the estate or interest insured by this policy being deemed a preferential transfer
except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Chicago Title Insurance Company
OWNER'S POLICY
Schedule A
Policy No.: Effective Date: Agent's File Reference:
102976106-11 July 13, 2004 @ 10:28 AM 3163.01
Amount of Insurance: $622,782.00
1. Name of Insured: Indian River County, Florida, a political subdivision of the State of Florida
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify
same) and is at the effective date hereof vested in the named insured as shown by instrument recorded as Document
No. 1559774 in Official Records Book 1758, Page 526, of the Public Records of Leon County, Florida.
3. The land referred to in this policy is described as follows:
PARCEL 2A (Source: Survey of David M. Jones, Job No. 97-204-120, dated May 25, 2004)
A parcel of land lying in Section 3, Township 33 South, Range 39 East, Indian River County, Florida,
described as follows:
Commence at the Northwest corner of said Section 3; thence South 67 degrees 59 minutes 23 seconds East,
a distance of 80.89 feet to a point on the South right of way line of Indian River Farms Water Control
District Canal A3: thence South 89 degrees 45 minutes 39 seconds East, along said South right of way line,
a distance of 288.78 feet, to the Point of Beginning of the herein described parcel of land; thence continue
South 89 degrees 45 minutes 39 seconds East, along said line, a distance of 392.00 feet; thence South 0
degrees 14 minutes 21 seconds West, a distance of 876.82 feet; thence South 89 degrees 45 minutes 39
seconds East, a distance of 414.56 feet; thence South 63 degrees 53 minutes 04 seconds East, a distance of
149.35 feet; thence North 89 degrees 45 minutes 39 seconds West, a distance of 905.94 feet; thence North 0
degrees 14 minutes 21 seconds East, a distance of 85.00 feet; thence North 89 degrees 45 minutes 39
seconds West, a distance of 35.00 feet; thence North 0 degrees 14 minutes 21 seconds East, a distance of
857.00 feet to the Point of Beginning.
RIGHT OF WAY PARCEL 1 (Source: Survey of David M. Jones, Job No. 97-204-120, dated May 25,
2004)
A parcel of land lying in Section 3, Township 33 South, Range 39 East, Indian River County, Florida, being
more particularly described as follows:
Issuing Agent:
Bryant Miller & Olive P.A.
201 South Monroe Street
Suite 500
Tallahassee, FL 32301
Agent No.:
Form OPM-SCH. A
(rev. 1/98) DoubleTime®
Chicago Title Insurance Company
OWNER'S POLICY
Schedule A (Continued)
Policy No.:
102976106-11
Agent's File Reference:
3163.01
Commence at the Northwest corner of said Section 3; thence South 39 degrees 41 minutes 59 seconds East,
a distance of 39.13 feet to the intersection of the East Right -of -Way line of 43rd Avenue and the South
Right -of -Way line of the Indian River Farms Water Control District Canal A3 and being the Point of
Beginning; thence along the aforementioned South Right -of -Way line of Canal A3, South 89 degrees 45
minutes 39 seconds East, a distance of 50.00 feet; thence South 45 degrees 07 minutes 34 seconds West, a
distance of 35.29 feet; thence South 00 degrees 00 minutes 47 seconds West, a distance of 832.01 feet;
thence North 89 degrees 45 minutes 39 seconds West, a distance of 25.00 feet to a point on the
aforementioned East Right -of -Way line of 43rd Avenue; thence, along said Right -of -Way line, North 00
degrees 00 minutes 47 seconds East, a distance of 857.01 feet to the Point of Beginning.
RIGHT OF WAY PARCEL 2 (Source: Survey of David M. Jones, Job No. 97-204-120, dated May 25,
2004)
A parcel of land lying in Section 3, Township 33 South, Range 39 East, Indian River County, Florida, being
more particularly described as follows:
Commence at the Northwest corner of said Section 3; thence South 39 degrees 41 minutes 59 seconds East,
a distance of 39.13 feet to the intersection of the East Right -of -Way line of 43rd Avenue and the South
Right -of -Way line of the Indian River Farms Water Control District Canal A3; thence along the
aforementioned East Right -of -Way line of 43rd Avenue, South 00 degrees 00 minutes 47 seconds West, a
distance of 857.01 feet to the Point of Beginning; thence South 89 degrees 45 minutes 39 seconds East, a
distance of 25.00 feet; thence South 00 degrees 00 minutes 47 seconds West, a distance of 1227.74 feet;
thence South 69 degrees 22 minutes 53 seconds West, a distance of 26.71 feet to a point on the
aforementioned East Right -of -Way line of 43rd Avenue; thence along said line, North 00 degrees 00
minutes 47 seconds East, a distance of 1237.25 feet to the Point of Beginning.
Fonn OPM-SCH. A (Continued)
(rev. 1/98)
DoubleTime®
Chicago Title Insurance Company
OWNER'S POLICY
Schedule B
Policy No.:
102976106-11
This policy does not insure against loss or damage by reason of the following exceptions:
Agent's File Reference:
3163.01
1. Taxes or special assessments which are not shown as existing liens by the public records.
2. Any claim that any portion of said lands are sovereign lands of the State of Florida, including submerged, filled or
artificially exposed lands and lands accreted to such lands.
3. Taxes and assessments for the year 2004 and subsequent years, which are not yet due and payable.
4. Easement granted to City of Vero Beach Florida recorded in Official Records Book 210, Page 561, of the Public
Records of Indian River County, Florida.
5. Restrictions and easements contained in Warranty Deed recorded in Official Records Book 210, Page 531, of the Public
Records of Indian River County, Florida.
6. Restrictive covenants, conditions, restrictions, stipulations and easements contained in Official Records Book 210, Page
541, of the Public Records of Indian River County, Florida.
7. Road, ditch and canal rights of way 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.
8. Rights of way and easements for drainage canal as conveyed to Indian River Farms Drainage District in Deed Book 48,
Page 23, of the Public Records of St. Lucie County, Florida.
9. Right of Way of 26th Street (Also known as Walker Avenue).
10. Terms and conditions of that certain Easement Deed by City of Vero Beach to Dodgertown, Inc. recorded in Official
Records Book 210, Page 544 and that certain permit by the Indian River Farms Drainage District recorded in Official
Records Book 211, Page 649, regarding the right to drain water from a swimming pool, of the Public Records of Indian
River County, Florida.
11. Easements as set out and reserved by the City of Vero Beach, Florida, in that certain Warranty Deed recorded in Official
Records Book 989, Page 2727 of the Public Records of Indian River County, Florida.
12. Agreement by and between City of Vero Beach and Dodgertown, Inc. recorded in Official Records Book 210, Page 535,
of the Public Records of Indian River County, Florida.
13. Title to any portion of the lands described in Schedule A hereof which lie within the right of way of 43rd Avenue is not
insured hereby. (As to Parcels 2 and 3 only)
14. Facility Lease Agreement, and all amendments thereto, recorded in Official Records Book 1426, Page 0567, Public
Records of Indian River County, Florida.
15. Effect, if any, resulting from the recording of that certain Memorandum of Understanding recorded in Official Records
Book 1567, Page 1188 of the Public Records of Indian River County, Florida. (Note: Said Memorandum of
Understanding is not in proper form for recording (not notarized), and, by its terms, appears not to have been intended
by the parties to be placed of record).
16. First Amendment to Facility Lease Agreement dated June 24, 2004 and recorded July 13, 2004 in Official Records
Book 1758, Page 529, of the Public Records of St. Lucie County, Florida.
17. Easement for drainage and stormwater management purposes dated June 24, 2004 and recorded July 13, 2004 in
Official Records Book 1758, Page 540, of the Public Records of St. Lucie County, Florida.
18. Terms and conditions included in Special Warranty Deed dated June 24, 2004 and recorded July 13, 2004 in Official
Records Book 1758, Page 526, of the Public Records of St. Lucie County, Florida.
Form OPM-SCH. B
(rev. 5/94) DoubleTime®
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Company would have had against the named insured, those
who succeed to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate or
fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowl-
edge or notice which may be imputed to an insured by reason of the public
records as defined in this policy or any other records which impart construc-
tive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and improve-
ments affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or
referred to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth-
ing herein shall modify or limit the extent to which a right of access to and from
the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating to
real property to purchasers for value and without knowledge. With respect to
Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also
include environmental protection liens filed in the records of the clerk of the
United States district court for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in
the land, or holds an indebtedness secured by a purchase money mortgage
given by a purchaser from the insured, or only so long as the insured shall
have liability by reason of covenants of warranty made by the insured in any
transfer or conveyance of the estate or interest. This policy shall not continue
in force in favor of any purchaser from the insured of either (i) an estate or
interest in the land, or (ii) an indebtedness secured by a purchase money
mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to
an insured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as insured, and which might cause loss or dam-
age for which the Company may be liable by virtue of this policy, or (iii) if title to
the estate or interest, as insured, is rejected as unmarketable. If prompt notice
shall not be given to the Company, then as to the insured all liability of the
Company shall terminate with regard to the matter or matters for which prompt
notice is required; provided, however, that failure to notify the Company shall
in no case prejudice the rights of any insured under this policy unless the
Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) Upon written request by the insured and subject to the options con-
tained in Section 6 of these Conditions and Stipulations, the Company, at its
own cost and without unreasonable delay, shall provide for the defense of an
insured in litigation in which any third party asserts a claim adverse to the title
or interest as insured, but only as to those stated causes of action alleging a
defect, lien or encumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to represent the insured as
to those stated causes of action and shall not be liable for and will not pay the
fees of any other counsel. The Company will not pay any fees, costs or
expenses incurred by the insured in the defense of those causes of action
which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the estate or interest, as
insured, or to prevent or reduce loss or damage to the insured. The Company
may take any appropriate action under the terms of this policy, whether or not
it shall be liable hereunder, and shall not thereby concede liability or waive any
provision of this policy. If the Company shall exercise its rights under this
paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion, to appeal from
any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or provide defense in the
action or proceeding, and all appeals therein, and permit the Company to
use, 'at its option, the name of the insured for this purpose. Whenever
requested by the Company, the insured, at the Company's expense, shall give
the Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or pro-
ceeding, or effecting settlement, and (ii) in any other lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to
the estate or interest as insured. If the Company is prejudiced by the failure of
the insured to furnish the required cooperation, the Company's obligations to
the insured under the policy shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe
the defect in, or lien or encumbrance on the title, or other matter insured
against by this policy which constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the amount of the loss or
damage. If the Company is prejudiced by the failure of the insured claimant to
provide the required proof of loss or damage, the Company's obligations to
the insured under the policy shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and copying, at such reason-
able times and places as may be designated by any authorized representative
of the Company, all records, books, ledgers, checks, correspondence and
memoranda, whether bearing a date before or after Date of Policy, which
reasonably pertain to the loss or damage. Further, if requested by any author-
ized representative of the Company, the insured claimant shall grant its per-
mission, in writing, for any authorized representative of the Company to exam-
ine, inspect and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party, which reasonably
pertain to the loss or damage. All information designated as confidential by
the insured claimant provided to the Company pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of the Com-
pany, it is necessary in the administration of the claim. Failure of the insured
claimant to submit for examination under oath, produce other reasonably
requested information or grant permission to secure reasonably necessary
information from third parties as required in this paragraph shall terminate any
liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured underthis policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or con-
tinue any litigation, and the policy shall be surrendered to the Company for
cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against underthis policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to
pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prose-
cute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this policy and only to the
extent herein described.
(a) The liability of the Company under this policy shall not exceed the least
of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) This paragraph removed in Florida policies.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8, APPORTIONMENT
If the land described in Schedule A consists of two or more parcels which
are not used as a single site, and a loss is established affecting one or more of
the parcels but not all, the loss shall be computed and settled on a pro rata
basis as if the amount of insurance under this policy was divided pro rata as to
the value on Date of Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy, unless a liability or
value has otherwise been agreed upon as to each parcel by the Company and
the insured at the time of the issuance of this policy and shown by an express
statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, all as insured, in a reasonably
diligent manner by any method, including litigation and the completion of any
appeals therefrom, it shall have fully performed its obligations with respect to
that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or dam-
age until there has been a final determination by a court of competent jurisdic-
tion, and disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which the
insured has agreed, assumed, or taken subject, or which is hereafter exe-
cuted by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which
case proof of loss or destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
R:.n7c�ar Penh No. 8218 (Rev. 10-17-92)
policy, all right of subrogation shall vest in the Company unaffected by any act
of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If requested by
the Company, the insured claimant shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect
this right of subrogation. The insured claimant shall permit the Company to
sue, compromise or settle in the name of the insured claimant and to use the
name of the insured claimant in any transaction or litigation involving these
rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and reme-
dies in the proportion which the Company's payment bears to the whole
amount of the loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required to pay only that part of any losses insured against by this policy which
shall exceed the amount, if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to indem-
nities, guaranties, other policies of insurance or bonds, notwithstanding any
terms orconditions contained in those instruments which provide for subroga-
tion rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association may
be demanded if agreed to by both the Company and the insured. Arbitra-
ble matters may include, but are not limited to, any controversy or claim
between the Company and the insured arising out of or relating to the
policy, any service of the Company in connection with its issuance or the
breach of a policy provision or other obligation. Arbitration pursuant to
this policy and under the Rules in effect on the date the demand for
arbitration is made or, at the option of the insured, the Rules in effect at
Date of Policy shall be binding upon the parties. The award may include
attorneys' fees only N the laws of the state in which the land is located
permit a court to award attorneys' fees to a prevailing party. Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court
having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed
as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered
hereby or by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at the issuing office or to:
Chicago Title Insurance Company • Claims Department
171 North Clark Street • Chicago, Illinios 60601-3294
In Florida Call 1-800-883-2020
CLERK TO THE BOARD
OFFICIAL DOCUMENTS
BOUNDARY SURVEY
Pages 1 through
and could not be microfilmed.
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2 of this document are oversized
The complete document has been
retained permanently on file in the Clerk to the Board.