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2001-071
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2001-071
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Last modified
2/7/2017 12:04:14 PM
Creation date
9/30/2015 5:11:19 PM
Metadata
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Resolutions
Resolution Number
2001-071
Approved Date
08/07/2001
Resolution Type
Agreement
Entity Name
Dodgertown
Subject
Collateral development agreement
Declaration of Easements parking
Area
Dodgertown
Archived Roll/Disk#
2745
Supplemental fields
SmeadsoftID
2583
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all applicable present and future laws, ordinances, codes, rules, and regulations of all applicable <br /> governmental authorities (collectively, "Legal Requirements"). <br /> Section 2. Parking Requirements <br /> (A) Total Parking Requirements: The parties acknowledge that the general plan of <br /> development for the Collateral Development and the Baseball Facilities shall be required to provide a <br /> certain minimum number of parking spaces as required by the City of Vero Beach (the"City") Code of <br /> Ordinances or pursuant to a variance or as otherwise acceptable to the City. (The minimum number of <br /> parking spaces required by the City's Code of Ordinances or pursuant to a variance or as otherwise <br /> acceptable to the City for both the Collateral Development and the Baseball Facilities is hereinafter <br /> referred to as the"Total Parking Requirements.") Accordingly, Dodgers and Developer hereby agree <br /> that a sufficient number of parking spaces shall be provided within the Collateral Development (and any <br /> other land which may be secured by Developer and acceptable to the City of Vero Beach and the <br /> Dodgers, which approval will not be unreasonably withheld as to the Dodgers) and the Baseball <br /> Facilities to satisfy the Total Parking Requirements; provided, however, that the total number of parking <br /> spaces to be provided by Dodgers within the Baseball Facilities shall not interfere with Dodgers' use of <br /> the Baseball Facilities and/or require that any of the baseball fields (including the outfield portions of the <br /> fields) be used for parking and/or otherwise result in material detriment to the Baseball Facilities. At <br /> such time as the exact number of parking spaces in the Total Parking Requirements (and the location <br /> thereof) has been finalized, the parties shall execute and record a supplemental declaration to this <br /> Declaration in order to evidence the Total Parking Requirements. <br /> (B) Collateral Development Agreement: The parties acknowledge and agree that this <br /> Declaration is not intended to modify their respective obligations set forth in the Collateral Development <br /> Agreement. <br /> (C) Parking Easements: Each party hereto, as grantor, hereby grants to the other party, as <br /> grantee, as an appurtenance to the Baseball Facilities with respect to Dodgers and the County, and as an <br /> appurtenance to the Adjacent Land with respect to Developer, and to the agents, customers, invitees, <br /> licensees, employees, and tenants of grantee, a perpetual, nonexclusive easement for the parking of <br /> motor vehicles in such parking areas of the Baseball Facilities and the Adjacent Land as may be <br /> available from time to time. <br /> (D) Parking During, Construction of Collateral Development: Dodgers and their agents, <br /> customers, invitees, licensees, employees, and tenants shall have the right to utilize for parking any and <br /> all areas of the Adjacent Land which have not yet been developed. During the construction of the <br /> Collateral Development, Dodgers and Developer shall work together to arrange for the parking on the <br /> Adjacent Land to be located in mutually satisfactory locations so that parking in close proximity to the <br /> Baseball Facilities is always available for the Baseball Facilities, while at the same time Developer's <br /> construction activities can proceed safely and efficiently, and in any event in accordance with applicable <br /> Legal Requirements. <br /> 726decla.doc <br /> Page 3 of 13 <br />
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