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WHEREAS, on May 3, 2011, in light of the Use Restrictions in paragraph 3 of the Second
<br />Amendment to Collateral Development Agreement and the COUNTY's reserved right of consent
<br />provided therein to allow other uses, the COUNTY's Board of County Commissioners (hereinafter
<br />"Board") adopted Resolution 2011-34, recorded on August 11, 2011, whereby the COUNTY gave its
<br />written consent to allow the Cloverleaf Property to be developed by the COUNTY into (i) baseball
<br />fields, or (ii) any purpose consistent with the purposes of the baseball facilities as defined in the 2001
<br />Collateral Development Agreement; and
<br />WHEREAS, on June 1, 2011, the COUNTY and the CITY executed the First Amendment to
<br />Declaration of Covenants, Conditions, and Restrictions, recorded on August 11, 2011, to remove the
<br />Use Restrictions on the Cloverleaf Property and transfer such Use Restrictions to the 10.38 acre parcel
<br />the CITY received in that parcel exchange; and
<br />WHEREAS, the COUNTY has planned or is planning certain roadway improvement projects
<br />for Aviation Boulevard, 43rd Avenue, and State Road 60 in the vicinity of 43rd Avenue (hereinafter
<br />collectively "Roadway Projects"), all of which Roadway Projects are in the general vicinity of the City
<br />Property; and
<br />WHEREAS, the City Council of the City of Vero Beach (hereinafter "Council") finds it
<br />desirable and has requested the cooperation and assistance of the COUNTY and the Board to terminate
<br />the Declaration of Covenants, Conditions, and Restrictions and remove from the aforementioned
<br />Board Resolution 2011-34, the Second Amendment to the Collateral Development Agreement, and the
<br />First Amendment to Declaration of Covenants, Conditions, and Restrictions, all language related to
<br />and imposing the Use Restrictions on the City Property; and
<br />WHEREAS, the Board finds desirable and requests the cooperation and assistance of the CITY
<br />and Council in furtherance and accomplishment of the Roadway Projects in an efficient and
<br />economical manner; and
<br />WHEREAS, at its August 19, 2014 Board meeting, the Board directed COUNTY staff to work
<br />with CITY staff on a joint agreement to release and discharge the Use Restrictions encumbering the
<br />City Property; and
<br />WHEREAS, staff from both local governments have worked diligently together to draft the
<br />provisions of this Agreement in order to address and accomplish the purposes and intent hereof; and
<br />WHEREAS, nothing in this Agreement shall modify the rights and obligations of the CITY
<br />and the COUNTY with respect to the Parking License Agreement, dated June 1, 2011, and recorded on
<br />August 11, 2011, and the License Agreement #2010 -LA -0145 for Use of City Real Property (Signs),
<br />between the CITY and MILB Vero Beach, LLC, dated April 5, 2011, and recorded on April 7, 2011;
<br />and
<br />WHEREAS, the Board and the Council have reviewed and duly considered this Agreement
<br />and find that the provisions contained herein serve important governmental purposes and are in the
<br />best interests of the public,
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