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2005-368 (3)
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2005-368 (3)
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Last modified
8/15/2016 11:15:34 AM
Creation date
9/30/2015 9:24:57 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
11/08/2005
Control Number
2005-368B
Agenda Item Number
10.A.
Entity Name
Los Angeles Dodgers Inc. City of Vero Beach
Subject
Second Amendment to Collateral Development Agreement
Area
Parcel 3A
Supplemental fields
SmeadsoftID
5271
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BK : 1961 PG : 987 <br /> respective sole and absolute discretion. In furtherance of this restriction on the use of the City Property, whenever <br /> the term "Collateral Development, " as such term is defined in the Collateral Development Agreement, is used in <br /> this Second Amendment or in the Collateral Development Agreement with reference to the City Property, the <br /> term "Collateral Development" shall be synonymous with the term "Permitted Use" as defined above. <br /> 4 . Other Rights of Dodders : Master Plan . Except as otherwise expressly set forth in this Second <br /> Amendment, nothing contained in this Second Amendment shall be deemed to modify, waive, restrict, or <br /> diminish in any way the rights of the Dodgers under the Collateral Development Agreement, including without <br /> limitation, any approval rights granted to the Dodgers therein. Without limiting the generality of the foregoing <br /> sentence, each of the Developers is required to submit a new Master Plan to the Dodgers in accordance with <br /> Section I (B) of the Collateral Development Agreement; provided, however, that the last sentence of the first <br /> grammatical paragraph of Section 1 (B) of the Collateral Development Agreement is hereby deleted. In addition, <br /> Exhibit C of the Collateral Development Agreement is hereby deleted. (AIthough Exhibit C of the Collateral <br /> Development Agreement is deleted, with respect to the new Master Plan to be submitted by DT Commons to the <br /> Dodgers, the Dodgers confirm that a similar conceptual site plan reflecting uses for Parcel 3 consistent with the <br /> uses expressly shown on Exhibit C of the Collateral Development Agreement is what the Dodgers expect that DT <br /> Commons will submit for review by the Dodgers in accordance with the Collateral Development Agreement. ) <br /> 5 . Hotel . Inasmuch as hotel use is not permitted as part of the City ' s Permitted Use of the City <br /> Property , and that DT Commons has been unable, despite its reasonable efforts, to obtain a hotel <br /> developer/operator to build the Hotel on Parcel 3 , Section 1 (C) of the Collateral Development Agreement is <br /> hereby deleted. <br /> Although DT Commons is not required to obtain a hotel developer/operator to build a hotel on <br /> Parcel 3 , hotel use on Parcel 3 would be permitted (subject to the approval rights of the Dodgers in accordance <br /> with the Collateral Development Agreement). Any such hotel shall be (a) situated on Parcel 3 in a manner which <br /> will enable the hotel's personnel, guests , and conferees to have direct access to the Baseball Facilities and which <br /> will give Dodgers ' personnel direct access to the hotel (and Dodgers' approval of a site plan for the hotel shall <br /> constitute compliance by DT Commons with such requirements) , and (b) affiliated with and managed by a <br /> nationally recognized, high quality hotel operator or chain. <br /> 6 . Spring Training Games ; Uses at Collateral Development. Section 4(B ) of the Collateral <br /> Development Agreement is hereby deleted . In addition, Section 4(C) of the Collateral Development Agreement is <br /> hereby deleted and replaced with the following provision: "As a general (but not exclusive) standard, and in <br /> accordance with Section 1 (E), above, it is intended by parties hereto that all areas of the Collateral Development, <br /> other than the City Property, be developed in a manner which is consistent with high quality, family-style uses as <br /> would customarily be found in family-oriented, mixed-use developments . As to the City Property, the parties <br /> intend that it be developed in a manner which is consistent with high quality, municipally-owned , public golf <br /> courses, green spaces, or parks . <br /> 7 . New Player Housing. Section 5 (C) of the Collateral Development Agreement is hereby deleted. <br /> tFr288939;31 -3 - <br />
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