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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 />WHEREAS, on May 3, 2011, in light of the Use Restrictions in paragraph 3 of the Second <br />Amendment to Collateral Development Agreement and the County's reserved right of consent <br />provided therein to allow other uses, the County's Board of County Commissioners (hereinafter <br />"Board") adopted Resolution 2011-34, recorded on August 11, 2011, whereby the County gave <br />its written consent to allow the Cloverleaf Property to be developed by the County into (i) <br />baseball fields, or (ii) any purpose consistent with the purposes of the baseball facilities as <br />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 April <br />21, 2015 and effective as of May 18, 2015, in which the County agreed inter alio to amend or <br />otherwise modify the Second Amendment to the Collateral Development Agreement and 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 in the <br />Second Amendment to the Collateral Development Agreement, the City and the County wish to <br />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 />WHEREAS, City and County now desire to enter into this Third Amendment to Collateral <br />Development Agreement, <br />NOW THEREFORE, in consideration of the mutual undertakings herein and other good and <br />valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties <br />agree, as follows: <br />1. Recitals. The above recitals are true and correct and are incorporated herein. <br />2. Termination of the Second Amendment to Collateral Development Agreement as to <br />the City Property. The Second Amendment to Collateral Development Agreement, <br />entered into on November 17, 2005, and recorded on November 17, 2005, at Book 1961, <br />Page 985 of the public records of Indian River County, Florida is hereby terminated and <br />declared to be of no further force or effect as to the City Property. <br />3. Termination of Collateral Development Agreement as to City Property. The <br />provisions of Section 1(B) (Master Plan), Section 1(C) (Hotel), Section 2 (Architectural <br />Review and Approval), Section 4 (Regulations of Operation and Uses) and Section 5 <br />(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, <br />P•UnomryUleonDodgexo,.n DocunewlThledAmendnrnt to Collateral Development Ag,eenetidoa <br />Page 2 of 3 <br />