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1704559 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN <br /> RIVER ' CO FL , BK : 1961 PG : 978 , 11 / 17 / 2005 04 : 29 PM p � O 00� ' � <br /> PREPARED BY : RESERVED FOR USE BY <br /> Eric D . Rapkin, Esq , CLERK OF CIRCUIT COURT <br /> Akerman Senterfitt <br /> q 350 East Las Olas Boulevard , Suite 1600 <br /> /Ft , Lauderdale, Florida 33301 <br /> TPIT IIAT] T ♦ 1�TT TTTTiT wT /� .. <br /> gta <br /> rlc D. Rapkin , Esq . <br /> o V X kerman Senterfitt <br /> c mo 9350 East Las Olas Boulevard, Suite 1600 <br /> LU <br /> u i!Pt. Lauderdale , Florida 33301 <br /> R <br /> l� wa° 0 <br /> 0 <br /> DECLARATION OF COVENANTS , CONDITIONS , AND RESTRICTIONS <br /> THIS DECLARATION OF COVENANTS , CONDITIONS , AND RESTRICTIONS (the " Declaration ") <br /> is made this / �`�' day of ` y _ , 2005 , by and between LOS ANGELES DODGERS LLC , a <br /> Delaware limited liability company (the " Dodgers " ), and CITY OF VERO BEACH, a municipal corporation of <br /> the State of Florida (the " City" ) . <br /> WITNESSETH : <br /> WHEREAS , Los Angeles Dodgers , Inc . and Vero Acquisition, LLLP executed that certain Collateral <br /> Development Agreement, dated as of August 29 , 2001 , and recorded in Oficial Records Book 1426, Page 0596 , <br /> of the Public Records of Indian River County, Florida, which Collateral Development Agreement was consented <br /> to by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (the " County" ) ; and <br /> WHEREAS , pursuant to the Asset Purchase Agreement entered into as of October 9 , 2003 , by and <br /> between Los Angeles Dodgers , Inc . and the Dodgers , the Dodgers succeeded to the interest of Los <br /> Angeles <br /> Dodgers, Inc . under the Collateral Development Agreement ; and <br /> WHEREAS , the Collateral Development Agreement was amended by that certain First Amendment to <br /> Collateral Development Agreement, dated as of June 24 , 2004 , and recorded in Oficial Records Book 1758 <br />, <br /> Page 0516 , of the Public Records of Indian River County, Florida, between the Dodgers and Dodgertown <br /> Venture, LLLP, a Delaware limited liability limited partnership ( " DVLLLP " ) (which had succeeded to the interest <br /> of Vero Acquisition, LLLP under the Collateral Development Agreement) , which First Amendment to Collateral <br /> Development Agreement was consented to by the County ; and <br /> WHEREAS , pursuant to that certain Special Warranty Deed from DT Conunons , LLC ( "DT Commons " ) , <br /> dated on or about the date hereof, and which has been recorded in the Public Records of Indian River County, <br /> Florida prior to the recording of this Declaration , the City is the fee simple owner of that certain portion of <br /> the <br /> Adjacent Land (as defined in the Collateral Development Agreement) consisting of approximately 6 . 1328 acres, <br /> as more particularly described in Exhibit " A , " attached hereto and made a part hereof (' Parcel IA" ) ; and <br /> { FT293957; 1 } <br />