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COUNTYATTORNEY'S OFFICE
<br />INDIAN RNER COUNTY
<br />1801 27th Street
<br />Vero Beach, Florida 32960
<br />RESOLUTION 2011- 0 3 4
<br />+vav
<br />THIS DOCUMENT HAS BEEN
<br />RECORDED IN THE PUBLIC RECORDS
<br />OF INDIAN RIVER COUNTY FL
<br />BK: 2517 PG:555, Pagel of 4
<br />08/11/2011 at 02:55 PM,
<br />FFREY K BARTON, CLERK OF
<br />COURT
<br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
<br />INDIAN RIVER COUNTY GIVING PRIOR CONSENT TO THE
<br />DEVELOPMENT OF THE CLOVERLEAF PROPERTY FOR PURPOSES
<br />OTHER THAN THE "PERMITTED USE" AS SET FORTH IN THE
<br />COLLATERAL DEVELOPMENT AGREEMENT
<br />WHEREAS, Los Angeles Dodgers, Inc. and Vero Acquisitions, LLLP, entered into that
<br />certain Collateral Development Agreement, dated August 29, 2001 and recorded at OR Book
<br />1426 Page 0596, Public Records of Indian River County, Florida ("Original Collateral
<br />Development Agreement") (all OR Book and Page references hereafter shall refer to the Public
<br />Records of Indian River County, Florida), which was amended by that certain First Amendment
<br />to Collateral Development Agreement, between Los Angeles Dodgers, LLC and Dodgertown
<br />Venture LLLP, dated June 24, 2004 and recorded at OR Book 1758 Page 0516 ("First
<br />Amendment"), and was further amended by that certain Second Amendment to Collateral
<br />Development Agreement, among Los Angeles Dodgers, LLC, the City of Vero Beach, a
<br />municipal corporation of the State of Florida ("City") and DT Commons, LLC, dated November
<br />17, 2005 and recorded at OR Book 1961 Page 0985 ("Second Amendment") (the Original
<br />Collateral Development Agreement, First Amendment and Second Amendment collectively
<br />"Collateral Development Agreement"); and
<br />WHEREAS, the Collateral Development Agreement establishes certain rights,
<br />responsibilities and restrictions with respect to the Adjacent Property, as defined therein; and
<br />WHEREAS, the Adjacent Property includes the property described on Exhibit A
<br />attached hereto ("Cloverleaf Property"); and
<br />- WHEREAS, section 3 of the Second Amendment provides, as follows:
<br />"Notwithstanding anything to the contrary contained in the Collateral Development Agreement,
<br />the City, at its sole cost and expense, shall develop the City Property solely as (i) a municipally -
<br />owned, public golf course, or (ii) green space, or (iii) a park -like setting or (iv) any combination
<br />of the foregoing three uses (the "Permitted Use"). The City shall not develop and/or permit the
<br />use of the City Property for any other use or purpose whatsoever without the prior written
<br />consent of both the Dodgers and the County, which consent may be granted or denied by either
<br />the Dodgers or the County in the exercise of their respective sole and absolute discretion"; and
<br />WHEREAS, the County, Los Angeles Dodgers, LLC and the City entered into that
<br />certain Third Amendment to Facility Lease Agreement, dated February 19, 2008 and recorded at
<br />OR Book 2249 Page 2367, which provides in section 3.02(b): "Because the Collateral
<br />Development Agreement constitutes covenants running with the land, the County shall
<br />automatically and without further instrument succeed to the interest of the Dodgers in and to the
<br />Collateral Development Agreement"; and
<br />WHEREAS, as a result of the aforesaid transactions, the County is the sole party
<br />authorized to give prior written consent to the City, or to its successors in interest, to use the
<br />Cloverleaf Property for any use or purpose other than a Permitted Use (as described in the
<br />Second Amendment); and
<br />FA4,1 eyUlanlDndg,m—D-...TIWRITTENCONSENTRESOLUTIONdocs Page 1 of 2
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