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/J WHEREAS, on May 3, 2011, in light of the Use Restrictions in paragraph 3 of the Second Amendment to Collateral Development Agreement and the County's reserved right of consent provided therein to allow other uses, the County's Board of County Commissioners (hereinafter "Board") adopted Resolution 2011-34, recorded on August 11, 2011, whereby the County gave its written consent to allow the Cloverleaf Property to be developed by the County into (i) baseball fields; or (ii) any purpose consistent with the purposes of the baseball facilities as defined in the 2001 Collateral Development Agreement; and WHEREAS, on June 1, 2011, the County and the City executed the First Amendment to Declaration of Covenants, Conditions, and Restrictions, recorded on August 11, 2011, to remove the Use Restrictions on the Cloverleaf Property and transfer such Use Restrictions to the 10.38 acre parcel the City received in that parcel exchange; and WHEREAS, the City and the County entered into that Interlocal Agreement, recorded on April 21, 2015 and effective as of May 18, 2015, in which the County agreed inter alio to terminate the Declaration of Covenants, Conditions, and Restrictions and to eliminate the Use Restrictions on the City Property; and WHEREAS, City and County now desire to terminate the Declaration of Covenants, Conditions, and Restrictions, NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Termination of Declaration of Covenants, Conditions, and Restrictions. The Declaration of Covenants, Conditions, and Restrictions, dated and recorded on November 17, 2005 at Page 1961, Page 978 of the public records of Indian River County. Florida and all amendments thereto, are hereby terminated and declared to be of no further force or effect. 3. Recordation. A copy of this Termination of Declaration of Covenants, Conditions, and Restrictions shall be recorded in the public records of Indian River County, Florida. IN WITNESS WHEREOF, the parties have caused this Termination of Declaration of Covenants, Conditions, and Restrictions to be executed in their respective names as of the date set forth above. F wb.arywm,wadpe,m..aom..r vo.amaa aJn.dmvtw. of Cam." carom.. cadResekm..sbC Page 2 of 3