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Prepared by, record and return to:
Office of the County Attorney
1801 27th St., Vero Beach, FL 32960
Telephone: 772.226.1424
3120150056521
RECORDED IN THEPUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK. 2878 PG: 471 Page 1 of 3 9/182015 1.08 PM
TERMINATION OF DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
THIS TERMINATION OF DECLARATION OF COVANANTS, CONDITIONS, AND
RESTRICTIONS ("Tetnation of Declaration of Covenants, Conditions, and Restrictions") is
entered into as of the Q/ day o tr , 015 by and between Indian River County, a political
subdivision of the State of F o da "County") and the City of Vero Beach, a municipal
corporation organized under the laws of the State of Florida ("City").
WHEREAS, on November 17, 2005, the City purchased 37+/- acres of real property commonly
known as the former Dodgertown nine -hole golf course (hereinafter "City Property"); and
WHEREAS, on November 17, 2005, the City, Los Angeles Dodgers, LLC (hereinafter
"Dodgers") and DT Commons, LLC (hereinafter "DT Commons") executed that certain Second
Amendment to the Collateral Development Agreement, recorded on November 17, 2005, which
provided in paragraph 3 that the City shall develop the City Property solely as (i) a municipally -
owned public golf course, or (ii) green space, or (iii) park -like setting, or (iv) any combination of
the foregoing three uses (hereinafter "Use Restrictions"); and
WHEREAS, pursuant to said Second Amendment to the Collateral Development Agreement,
the City was not to develop and/or permit the use of the City Property for any other use or
purpose whatsoever without the prior written consent of both the Dodgers and the County, which
consent could be granted or denied by either the Dodgers or the County in the exercise of their
respective sole and absolute discretion; and
WHEREAS, on November 17, 2005, the City and the Dodgers executed that certain Declaration
of Covenants, Conditions, and Restrictions, recorded on November 17, 2005, limiting the City's
use of the City Property to the Use Restrictions as stated in the Second Amendment to the
Collateral Development Agreement; and
WHEREAS, in February 2008, the County succeeded to all interests of the Dodgers in said
Second Amendment to the Collateral Development Agreement and Declaration of Covenants,
Conditions, and Restrictions, as outlined in Article 3 of the Third Amendment to Facility Lease
Agreement dated February 19, 2008, and recorded on March 17, 2008, leaving the County and
the City as the sole parties in interest with respect to the documents as they relate to the City
Property; and
WHEREAS, on June 1, 2011, the County and the City completed an exchange of certain parcels
of land included in the original Collateral Development Agreement, dated and recorded on
August 29, 2001, in order for the County to develop a cloverleaf ball field on a 11.93 acre parcel
(hereinafter "Cloverleaf Property"); and
F.IAtmnrylAlantrodgenm.n DocnmenulTeemtr000n of Declaration o/Cmnanu. CadYtw mdResntcnoudoe:
Page 1 of 3
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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
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Attest: Jeffrey R. S ith, Clerk of Court and
By:
Comptrol
Approved:
By:
Deputy Cler
ia 1-1
seph A. aird, County Administrator
App oved as to form and legal su
an Reingold, County Attorney
Q:Jty Clerk
g to municipal policy:
O'Connor, City Manager
App o ed as to form and legal sufficienc
By
w
Coment, City Attorney
FAAdonseytAlanDodgestown DotionentsTerodrirtoon of Declaration of Covenants. Conditions ond Rntrons.dostr
.............
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INDIAN RIVER COUNTY, FLARIDA
BCC approved: Tu,ly 19 j .24)15
Council approved: 314.1-11 (, 2-01
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