Laserfiche WebLink
RESOLUTION 2015- 083 <br />A TRUE COPY <br />CERTIFICATION ON LAST PALE <br />J.R. SMITH, CLERK <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY RELEASING AND REMOVING USE <br />RESTRICTIONS ASSOCIATED WITH RESOLUTION 2011-34 AND <br />THE SECOND AMENDMENT TO COLLATERAL DEVELOPMENT <br />AGREEMENT AND VARIOUS USE RESTRICTIONS SET FORTH IN <br />THE COLLATERAL DEVELOPMENT AGREEMENT WITH REGARD <br />TO THE FORMER DODGERTOWN 9 -HOLE GOLF COURSE. <br />WHEREAS, on November 17, 2005, the City purchased 37+/- acres of real property <br />commonly known as the former Dodgertown nine -hole golf course (hereinafter "City Property"); <br />and <br />WHEREAS, on November 17, 2005, the City, Los Angeles Dodgers, LLC (hereinafter <br />"Dodgers") and DT Commons, LLC (hereinafter "DT Commons") executed that certain Second <br />Amendment to the Collateral Development Agreement, recorded on November 17, 2005, which <br />provided in paragraph 3 that the City shall develop the City Property solely as (i) a municipally - <br />owned public golf course, or (ii) green space, or (iii) park -like setting, or (iv) any combination of <br />the foregoing three uses (hereinafter "Use Restrictions"); and <br />WHEREAS, pursuant to said Second Amendment to the Collateral Development <br />Agreement, the City was not to develop and/or permit the use of the City Property for any other <br />use or purpose whatsoever without the prior written consent of both the Dodgers and the County, <br />which consent could be granted or denied by either the Dodgers or the County in the exercise of <br />their respective sole and absolute discretion; and <br />WHEREAS, on November 17, 2005, the City and the Dodgers executed that certain <br />Declaration of Covenants, Conditions, and Restrictions, recorded on November 17, 2005, <br />limiting the City's use of the City Propery to the Use Restrictions as stated in the Second <br />Amendment to the Collateral Development Agreement; and <br />WHEREAS, in February 2008, the County succeeded to all interests of the Dodgers in <br />said Second Amendment to the Collateral Development Agreement and Declaration of <br />Covenants, Conditions, and Restrictions, as outlined in Article 3 of the Third Amendment to <br />Facility Lease Agreement dated February 19, 2008, and recorded on March 17, 2008, leaving the <br />County and the City .as the sole parties in interest with respect to the documents as they relate to <br />the City Property; and <br />WHEREAS, on June 1, 2011, the County and the City completed an exchange of certain <br />parcels of land included in the original Collateral Development Agreement, dated and recorded <br />on August 29, 2001, in order for the County to develop a cloverleaf ball field on a 11.93 acre <br />parcel (hereinafter "Cloverleaf Property"); and <br />3120150056522 <br />RECORDED IN THE PUBLIC RECORDS OF <br />JEFFREY R SMITH, CLERK OF COURT <br />INDIAN RIVER COUNTY FL <br />BK. 2878 PG: 474 Page 1 of 3 9/182015 1.08 PM <br />F W1W-yML-Wodg.xmwlUocuw.wlR.-&­ rl—l/ tg City Ua R..Mcml d— Page 1 of <br />