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1996555 <br /> THIS DOCUMENT HAS BEEN <br /> RECORDED IN THE PUBLIC RECORDS <br /> OF ! NDIAN RIVER COUNTY FL <br /> BK 2344 PG 1405, Pagel of 96 <br /> 0& 01;2009 at 09:43 AM, <br /> RESOLUTION NO. 2009-072 <br /> JEFFREY K BARTON, CLERK OF COURT <br /> A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR <br /> THE APPROVAL OF THE FORM OF AND AUTHORIZING THE EXECUTION <br /> AND DELIVERY OF A FACILITY LEASE AGREEMENT, CAPITAL RESERVE <br /> ACCOUNT AGREEMENT, GUARANTY AGREEMENT, AND ESTOPPEL <br /> CERTIFICATE IN CONNECTION WITH THE LEASING OF CERTAIN REAL <br /> PROPERTY KNOWN AS DODGERTOWN; AUTHORIZING OTHER <br /> REQUIRED ACTIONS; PROVIDING FOR SEVERABILITY AND AN <br /> EFFECTIVE DATE . <br /> BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br /> COUNTY, FLORIDA : <br /> SECTION 1 . AUTHORITY FOR THIS RESOLUTION . This Resolution is adopted <br /> pursuant to the provisions of Chapter 125, Florida Statutes, County Home Rule Ordinance No . 77- <br /> 19, enacted August 3, 1977 and effective August 9, 1977, as amended, and other applicable <br /> provisions of law . <br /> SECTION 2 . FINDINGS. It is hereby found and determined that: <br /> A . The County is the owner of a retained spring training facility (the "Facility" ) <br /> commonly known as " Dodgertown ", which Facility is not presently leased or operated by a <br /> major league baseball team . <br /> B . The County is desirous of leasing the Facility to Minor League Baseball for <br /> operation by Minor League Baseball of the Facility for the promotion of baseball and non - <br /> baseball sporting events and sports related activities, promotion of playing baseball <br /> internationally, and holding meetings and conferences at the Facility . <br /> C. Minor League Baseball will promote the Facility and Indian River County as <br /> a tourist destination as part of its national advertising and promotional activities, which <br /> advertising and promotion programs will constitute expenditures qualifying for the use of <br /> tourist development tax receipts levied by the County pursuant to Section 125 .0405, Florida <br /> Statutes . <br /> SECTION 3 . APPROVAL OF THE FACILITY LEASE AGREEMENT. The Facility Lease <br /> Agreement in substantially the form attached hereto as Exhibit A is hereby approved and the <br /> Chairman or Vice-Chairman and the Clerk are hereby authorized and directed to execute and <br /> deliver the Facility Lease Agreement on behalf of and in the name of the County, with such <br /> additional changes, insertions and omissions therein as may be otherwise made and approved by <br />