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NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: A. Adoption of Whereas Clauses. The foregoing Recitals are true and correct and by this reference are incorporated herein and made a part hereof. B. CITY Obligations. Except as otherwise provided herein, City agrees to perform the following within three (3) months of the Effective Date of this Agreement: 1) Grant to the COUNTY a 0.20 acre parcel adjacent to 43rd Avenue for additional right of way (see Exhibit 1, attached hereto and incorporated herein); and 2) Grant the following easements to the COUNTY: (a) easements across the City Property to provide a drainage connection from Aviation Boulevard (26th Street) and 43rd Avenue to the Cloverleaf Property pond (see Exhibit 2, attached hereto and made a part hereof); (b) a drainage easement for that portion of the Cloverleaf Property pond constructed on the City Property (see Exhibit 3, attached hereto and incorporated herein); and (c) an access easement on certain portions of the City Property and other City -owned property adjacent to the south property line of the CITY and COUNTY parcels in accordance with the February 2011 Property Exchange Agreement executed between the Parties (see Exhibit 4, attached hereto and incorporated herein); and 3) Dedicate Tract A of Poinsettia Park lying south of Atlantic Boulevard and west of 42nd Avenue as public right-of-way and provide for it to be used by or transferred to the Florida Department of Transportation for improvements to State Road 60 (see Exhibit 5, attached hereto and incorporated herein); and 4) At such time as the CITY shall develop, sell or transfer its interest in or possession of the City Property, all future site plans and zoning requests shall maintain compatibility with the COUNTY's baseball facilities and other approved uses on the adjacent County property consistent with the CITY's land use regulations, and shall be required to meet the approval standards of Code section 64.10(a) that the site plan be consistent with the pertinent goals, policies, and objectives of the City Comprehensive Plan. Objective 3 of the Land Use Element of the City Comprehensive Plan provides for the establishment and maintenance of land use/development regulations that reduce and prevent land uses that are incompatible with adjacent development. The definitions of "compatible" and "incompatible" to determine consistency with this objective shall rely upon the definition in the latest edition of the Merriam Webster Dictionary. As a reviewing agency, COUNTY may provide comments to CITY staff Page 3 of 6 N•\Client Docs\City Council\Agreements\Dogertown.Golf.Course\2014.09.25 Term.Use.Restric.Etc.4.6.2015.docx