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2011-007
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3 . Exchange of Properties The County shall convey the Parking Property to the <br /> City by Special Warranty Deed, and the City shall convey the Cloverleaf Property to the County <br /> by Special Warranty Deed. <br /> 4 , Deed Restrictions . The parties shall amend the Declaration of Covenants , <br /> Conditions , and Restrictions recorded at OR Book 1961 , Page 978 , Public Records of Indian <br /> River County, Florida ("Declaration ") (all OR Book and Page references hereafter shall refer to <br /> the Public Records of Indian River County, Florida), to (i) remove the Cloverleaf Property from <br /> the Declaration, and (ii) include the Parking Property in the Declaration . Additionally, at the <br /> election of the County, either the parties shall amend the Collateral Development Agreement <br /> recorded at OR Book 1426, Page 596, to remove the Cloverleaf Property from the definition of <br /> "Adjacent Property" and include such property within the definition of ` Baseball Facilities , " or <br /> the County shall adopt a resolution or other unilateral document permitting the Cloverleaf <br /> Property to be used for a cloverleaf of youth or softball dimension baseball fields and related <br /> activities , or for any other purpose consistent with the definition of "Baseball Facilities " ; <br /> provided, however, that nothing contained herein, or in the resolution or other unilateral <br /> document shall be interpreted to restrict in any way the County ' s right, as set forth in <br /> the <br /> Collateral Development Agreement, to permit any other use on the Cloverleaf Property . <br /> 5 , Parking. The parties shall (a) terminate the Parking Property Lease Agreement <br /> recorded at OR Book 1961 , Page 1004 , and (b) enter into a Parking License Agreement with <br /> respect to the Parking Property and two other parcels of property owned by the City and located <br /> to the north of Dodgertown , consisting of a 3 . 3 acre site north of 26th Street and north of Holman <br /> Stadium, and a 4 . 6 acre site north of 26th Street and east of Holman Stadium . <br /> 6 , Parking Certification . The City shall certify to the County that parking in <br /> compliance with all City parking codes and regulations for maximum capacity events at <br /> Dodgertown exists onsite within the Dodgertown facility, including the areas historically used <br /> for parking, the four (4) baseball practice fields and two (2 ) half baseball practice fields , and <br /> other accessible , open areas suitable for parking within the facility . <br /> 7 . Interlocal Agreement . The parties shall amend the Interlocal Agreement <br /> recorded at OR Book 1353 , Page 971 to make clear that neither the Cloverleaf Property nor the <br /> Parking Property shall be subject to such agreement. <br /> 8 . Conveyance of Easements by the City The City shall convey to the County (a) <br /> an easement for drainage of stormwater from 43rd Avenue in its future expanded condition across <br /> the remaining City Property to the existing retention pond, (b) an easement for access and <br /> maintenance to the pump house , pumps , and pipes at the southwest corner of the City Property to <br /> the existing retention pond, and (c ) an easement to locate on the City Property adjoining the <br /> Cloverleaf Property up to 33 . 33 % of the new retention pond to be constructed on the Cloverleaf <br /> Property ( "New Retention Pond ")' , and thereafter to use the portion of the New Retention Pond <br /> iocated on the City Property (together with the portion located on the Cloverleaf Property) for <br /> drainage, irrigation , stormwater retention and maintenance purposes related to the Dodgertown <br /> property and the Cloverleaf Property . The easements described above shall be drafted in such a <br /> manner, or shall be modified at the appropriate time , to apply to the New Retention Pond, after <br />
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