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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 />