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Prepared by,record and return to:
<br /> Office of the County Attorney
<br /> 1801 27h St.,Vero Beach,FL 32960
<br /> Telephone: 772.226.1424
<br /> TERMINATION OF DECLARATION OF COVENANTS, CONDITIONS,
<br /> AND RESTRICTIONS
<br /> THIS TERMINATION OF DECLARATION OF COVANANTS, CONDITIONS, AND
<br /> RESTRICTIONS ("Termination of Declaration of Covenants, Conditions, and Restrictions") is
<br /> entered into as of the _ day of_, 2015 by and between Indian River County, a political
<br /> subdivision of the State of Florida ("County") and the City of Vero Beach, a municipal
<br /> corporation organized under the laws of the State of Florida("City").
<br /> WHEREAS, on November 17, 2005, the City purchased 37+/- acres of real property commonly
<br /> known as the former Dodgertown nine-hole golf course(hereinafter"City Property"); 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 Agreement,
<br /> the City was not to develop and/or permit the use of the City Property for any other use or
<br /> purpose whatsoever without the prior written consent of both the Dodgers and the County, which
<br /> consent could be granted or denied by either the Dodgers or the County in the exercise of their
<br /> respective sole and absolute discretion; and
<br /> WHEREAS,on November 17, 2005, the City and the Dodgers executed that certain Declaration
<br /> of Covenants, Conditions, and Restrictions, recorded on November 17, 2005, limiting the City's
<br /> use of the City Property to the Use Restrictions as stated in the Second Amendment to the
<br /> Collateral Development Agreement; and
<br /> WHEREAS, in February 2008, the County succeeded to all interests of the Dodgers in said
<br /> Second Amendment to the Collateral Development Agreement and Declaration of Covenants,
<br /> Conditions, and Restrictions, as outlined in Article 3 of the Third Amendment to Facility Lease
<br /> Agreement dated February 19, 2008, and recorded on March 17, 2008, leaving the County and
<br /> the City as the sole parties in interest with respect to the documents as they relate to the City
<br /> Property; and
<br /> WHEREAS,on June 1, 2011, the County and the City completed an exchange of certain parcels
<br /> of land included in the original Collateral Development Agreement, dated and recorded on
<br /> August 29, 2001, in order for the County to develop a cloverleaf ball field on a 11.93 acre parcel
<br /> (hereinafter"Cloverleaf Property"); and
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