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<br /> 3120150024116 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
<br /> BK: 2840 PC: 1541,4/21/2015 3:32 PM
<br /> INTERLOCAL AGREEMENT
<br /> THIS INTERLOCAL AGREEMENT (hereinafter "Agreement") is entered into as of the
<br /> Effective Date provided for herein by and between INDIAN RIVER COUNTY, a political subdivision
<br /> of the State of Florida (hereinafter "COUNTY") and the CITY OF VERO BEACH, a Florida
<br /> municipal corporation (hereinafter "CITY") in order to provide for release of certain contractual land
<br /> use restrictions encumbering the CITY-owned former Dodgertown nine-hole golf course property and
<br /> CITY cooperation and assistance regarding certain roadway improvement projects for Aviation
<br /> Boulevard, 43`d Avenue, and State Road 60 in the area of 43d Avenue. COUNTY and CITY may also
<br /> be referred to herein as a "Party"or collectively as the"Parties."
<br /> RECITALS:
<br /> WHEREAS, on November 17, 2005, the CITY purchased 37+/- acres of real property
<br /> commonly 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 at 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 the
<br /> 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 purpose
<br /> whatsoever without the prior written consent of both the Dodgers and the County, which consent could
<br /> be granted or denied by either the DODGERS or the COUNTY in the exercise of their respective sole
<br /> and absolute discretion; and
<br /> WHEREAS, on November 17, 2005, the CITY and the DODGERS executed that certain
<br /> Declaration of Covenants, Conditions, and Restrictions, recorded on November 17, 2005, limiting the
<br /> City's 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
<br /> said 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 the
<br /> CITY as the sole parties in interest with respect to the documents as they relate to the City Property;
<br /> and
<br /> WHEREAS, on June 1, 2011, the COUNTY and the CITY completed an exchange of certain
<br /> parcels 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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<br /> NAClient Docs\City CounciMgreements\Dogwown.Golf.Course\2014.09.25.Term.Use.Restric.Etc.4.6.2015.docx
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