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<br />A TRUE COPY
<br />GERTWlCATION ON LUT PAGE
<br />RESOLUTION 2015- 083 J.R. SMITH, CLERK
<br />WHEREAS, on May 3, 2011, in light of the Use Restrictions in paragraph 3 of the
<br />Second Amendment to Collateral Development Agreement and the County's reserved right of
<br />consent provided therein to allow other uses, the County's Board of County Commissioners
<br />(hereinafter "Board") adopted Resolution 2011-34, recorded on August 11, 2011, whereby the
<br />County gave its written consent to allow the Cloverleaf Property to be developed by the County
<br />into (i) baseball fields, or (ii) any purpose consistent with the purposes of the baseball facilities
<br />as defined in the 2001 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
<br />the Use Restrictions on the Cloverleaf Property and transfer such Use Restrictions to the 10.38
<br />acre parcel the City received in that parcel exchange; and
<br />WHEREAS, the City and the County entered into that Interlocal Agreement, recorded on
<br />April 21, 2015 and effective as of May 18, 2015, in which the County agreed inter alfa to amend
<br />or otherwise modify Resolution 2011-34 and the Second Amendment to Collateral Development
<br />Agreement and terminate the Declaration of Covenants, Conditions, and Restrictions in order to
<br />eliminate the Use Restrictions on the City Property; and
<br />WHEREAS, in addition to releasing the City Property from the Use Restrictions set forth
<br />in the Second Amendment to the Collateral Development Agreement, the City and the County
<br />wish to release the City Property from various other use restrictions set forth in the Collateral
<br />Development Agreement, entered into on August 29, 2001, and recorded on August 29, 2001, at
<br />Book 1426, Page 596 of the public records of Indian River County, Florida,
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
<br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
<br />Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted
<br />as findings of the Board.
<br />Section 2. The Board of County Commissioners amends and modifies Resolution 2011-
<br />34,
<br />011-34, recorded on August 11, 2011, to the extent necessary as to the City Property to terminate the
<br />Second Amendment to the Collateral Development Agreement, entered into on November 17,
<br />2005, and recorded on November 17, 2005, at Book 1961, Page 985 of the public records of
<br />Indian River County, Florida.
<br />Section 3. The Board of County Commissioners amends and modifies Resolution 2411-
<br />34,
<br />011-34, recorded on August 11, 2011, to the extent necessary to release from the City Property those
<br />use restrictions set forth in Section 1(B) (Master Plan), Section 1(C) (Hotel), Section 2
<br />(Architectural Review and Approval), Section 4 (Regulations of Operation and Uses) and
<br />Section 5 (Cooperation Between Dodgers and Developer; New Player Housing) of the Collateral
<br />Development Agreement, entered into on August 29, 2001, and recorded on August 29, 2001, at
<br />Book 1426, Page 596 of the public records of Indian River County, Florida.
<br />FIAIV-,
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