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<br />Prepared by, record and return to:
<br />Office of the County Attorney
<br />1801 27th St., Vero Beach, FL 32960
<br />Telephone: 772.226.1424
<br />3120150056521
<br />RECORDED IN THEPUBLIC RECORDS OF
<br />JEFFREY R SMITH, CLERK OF COURT
<br />INDIAN RIVER COUNTY FL
<br />BK. 2878 PG: 471 Page 1 of 3 9/182015 1.08 PM
<br />TERMINATION OF DECLARATION OF COVENANTS, CONDITIONS,
<br />AND RESTRICTIONS
<br />THIS TERMINATION OF DECLARATION OF COVANANTS, CONDITIONS, AND
<br />RESTRICTIONS ("Tetnation of Declaration of Covenants, Conditions, and Restrictions") is
<br />entered into as of the Q/ day o tr , 015 by and between Indian River County, a political
<br />subdivision of the State of F o da "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
<br />F.IAtmnrylAlantrodgenm.n DocnmenulTeemtr000n of Declaration o/Cmnanu. CadYtw mdResntcnoudoe:
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