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2157030
<br /> COUNTYATYORNEY'S OFFICE THIS DOCUMENT HAS BEEN
<br /> RECORDED IN THE PLII3LIC RECORDS
<br /> INDIAN RIVER COUNTY OF INDIAN RIVER COUNTY FL
<br /> 1801 27tH Street BK 2517 PG.555, Pagel of 4
<br /> RESOLUTION 2011- 0 3 4 08,11,2011 at 02:55 PM,
<br /> Vero Beach, Florida 32960 —
<br /> r TREY 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 /> F.IAnorney141,nlDodger1w D--1.0 WRITTEN CONSENT RESOLUTIONd— Page 1 of 2
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