Laserfiche WebLink
as part of the CITY development review process, which comments will be included in the staff <br />report(s) for consideration by the reviewing appointed or elected bodies; and <br />5) Reconfigure the proposed right-of-way for Aviation Boulevard roadway improvements <br />between 43rd Avenue and Flight Safety Drive so that no additional right-of-way will be <br />necessary to be obtained from the property currently owned by DT Commons, LLC located <br />south of Aviation Boulevard (see Exhibit 6, attached hereto and incorporated herein); and <br />6) Amend Temporary License Agreement for Use of Vero Beach Municipal Airport Property <br />dated May 7, 2013 to extend the subject agreement for two (2) additional years, from the <br />current termination date of May 7, 2015 to May 7, 2017, or whenever permanent Transit Hub <br />facilities are completed and put into service, whichever is earlier ("Amended Agreement"). <br />Said Amendment shall be executed by CITY prior to May 7, 2015. (see Exhibit 7, <br />attached hereto and incorporated herein). <br />C. COUNTY Obligations. <br />County agrees to perform the following within three (3) months of the Effective Date of this <br />Agreement: <br />1) Terminate the Declaration of Covenants, Conditions, and Restrictions, releasing the City <br />Property from all Use Restrictions; and <br />2) Amend or otherwise modify Board Resolution 2011-34 and the Second Amendment to <br />Collateral Development Agreement to release and remove reference to all Use Restrictions on <br />the City Property; and <br />3) Grant the CITY a drainage easement over the Cloverleaf Property pond and outfall in <br />accordance with the February 2011 Property Exchange Agreement between the parties (see <br />Exhibit 8, attached hereto and incorporated herein); and <br />4) Incorporate a "Cure Plan" into the plans for the State Road 60 and 43rd Avenue roadway <br />widening projects as mutually agreed upon by the CITY, COUNTY, and adjacent property <br />owners, including but not limited to, extending the driveway connection from the businesses on <br />Atlantic Boulevard west of 42nd Avenue to connect with Atlantic Boulevard opposite the <br />driveway to Abbott's Frozen Custard (4140 20th St.), install a new irrigation well to replace the <br />one currently in Poinsettia Park, and provide landscaping on both sides of the realigned <br />Atlantic Boulevard at State Road 60 (see Exhibit 9, attached hereto and incorporated herein). <br />D. Notices. All notices and other formal communications hereunder shall be in writing and <br />delivered to the recipient Party at its address below: <br />Page 4 of 6 <br />N•\Client Docs\City Council\Agreements\Dogertown.Golf.Course\2014.09.25.Term.Use.Restric.Etc.4.6.2015.docx <br />