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3. This interlocal agreement is specifically entered into to induce Indian River County to consent to the holding of a referendum to annex the South Beach property. In the event Indian River County is prohibited from developing the park by virtue of restrictions imposed by the City of Vero Beach or in the -event the City of Vero Beach imposes restrictions that would prohibit the County in using the park for the uses set forth on the County's Master Plan or to the extent of the uses set forth on the County Master Plan, then County shall ask the State legislature to de -annex the property from the City of Vero Beach. In the event the County requests such de -annexation from the City of Vero Beach, the City shall support such de -annexation by the adoption of a City resolution requesting the legislature to de -annex the property having as an exhibit to the resolution this agreement. The City hereby waives any objections to such de -annexation on the ground that such de -annexation shall form an enclave. 4. In the event Indian River County shall ever have to resort to the judicial system to enforce its rights to develop Round Island Park pursuant to a Master Plan adopted by the Board. of County Commissioners, then this agreement shall be admissible in evidence as an indication of the City's representations and intent when inducing Indian River County to annex its park into the City and further as direct evidence that when balancing the interest of the two governmental agencies it is both governmental agencies' intent that Indian River County shall be allowed to develop Round Island Park in a manner consistent with the County's Master Plan. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date set forth next to their signatures. Date: February 29, 1984 1i• , „• A•. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: G .C,4 DON C. SCURLOCK, JR Chairman Attest: FREDA WRIGHT Clerk, Circuit C Irt -3- Boat 56 PACF 351