|
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 />
|