HomeMy WebLinkAbout2011-106JCONSENT AND WAIVER BY MiLB VERO BEACH, LLC AND NATIONAL
ASSOCIATION OF PROFESSIONAL BASEBALL LEAGUES, INC. TO
AGREEMENTS
As of this 1st day of June, 2011, MiLB Vero Beach, LLC, a Florida limited liability company
("MiLB"), in its capacity as tenant under that certain Facility Lease Agreement between MiLB and
Indian River County, a political subdivision of the State of Florida ("County"), dated as of May 1,
2009, and as a party to related documents, and National Association of Professional Baseball Leagues,
Inc., a Florida non-profit corporation ("NAPBL"), in its capacity as Guarantor under that certain
Guaranty, dated May 1, 2009, hereby consent to each and every of the following agreements or
documents (collectively "Agreements"):
1. Property Exchange Agreement, between County and City of Vero Beach,
a municipal corporation organized under the laws of the State of Florida
("City"), dated as of February 1, 2011, including First Amendment to
Property Exchange Agreement, dated as of June 1, 2011;
2. Indian River County Board of County Commissioners Resolution No.
2011-, entitled A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY GIVING PRIOR
CONSENT TO THE DEVELOPMENT OF THE CLOVERLEAF
PROPERTY FOR PURPOSES OTHER THAN THE "PERMITTED
USE" AS SET FORTH IN THE COLLATERAL DEVELOPMENT
AGREEMENT, adopted May 3, 2011;
3. First Amendment to Declaration of Covenants, Conditions and
Restrictions entered into between County and City, dated as of June 1,
2011;
4. Termination of Parking Property Lease Agreement entered into between
County and City, dated as of June 1, 2011;
5. Parking License Agreement entered into between County and City, dated
as of June 1, 2011;
6. Parking Estoppel Certificate, between City and County, dated as of June 1,
2011; and
Additionally, NAPBL hereby consents to the following agreement:
7. First Amendment to Facility Lease Agreement, between County and
MiLB, dated as of June 1, 2011.
(collectively "Agreements").
MiLB and NAPBL consent to the Agreements for the purpose of irrevocably memorializing
and establishing that MiLB and NAPBL have been provided copies of the Agreements prior to
execution by the parties, and MiLB and NAPBL (a) consent to, and have no objection to or
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disagreement with, the Agreements, and hereby waive any such objections or disagreements, (b) agree
that the Agreements do not cause or create any default or breach by County or City in any agreement
or other obligation to which either MiLB or NAPBL, or both, are a party or a third -party beneficiary
and (c) acknowledge that County and City will rely upon this Consent and Waiver in executing the
Agreements.
IN WITNESS WHEREOF, the parties have caused this Consent and Waiver to be executed in
their respective names as of the date set forth above.
MiLB VERO BEACH LLC, a Florida limited
liability company ("MiLB"), by National
Association of Professional Baseball Leagues,
Inc., a Florida non-profit corporation, its
managing member
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Print Title: S—" r. CO-- �✓.� �—
NATIONAL ASSOCIATION OF PROFES-
SIONAL BASEBALL LEAGUES, INC., a
Florida non-profit corporation ("NAPBL")
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