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RESOLUTION 2015-
<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, 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 2011-
<br /> 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.
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