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BK : 1961 PG : 997
<br /> EXHIBIT "D "
<br /> FORM OF DECLARATION OF COVENANTS , CONDITIONS , AND RESTRICTIONS
<br /> PREPARED BY : RESERVED FOR USE BY
<br /> Eric D. Rapkin, Esq. CLERK OF CIRCUIT COURT
<br /> Akerman Senterfitt
<br /> 350 East Las Olas Boulevard , Suite 1600
<br /> Ft. Lauderdale, Florida 33301
<br /> RECORD AND RETURN TO :
<br /> Eric D. Rapkin, Esq,
<br /> Akerman Senterfitt
<br /> 350 East Las Olas Boulevard , Suite 1600
<br /> Ft. Lauderdale, Florida 33301
<br /> DECLARATION OF COVENANTS , CONDITIONS, AND RESTRICTIONS
<br /> THIS DECLARATION OF COVENANTS , CONDITIONS , AND RESTRICTIONS (the " Declaration ")
<br /> is made this day of , 2005 , by and between LOS ANGELES DODGERS LLC, a
<br /> Delaware limited liability company (the "Dodgers") , and CITY OF VERO BEACH , a municipal corporation of
<br /> the State of Florida (the " City" ) .
<br /> WITNESSETH:
<br /> WHEREAS , Los Angeles Dodgers, Inc . and Vero Acquisition , LLLP executed that certain Collateral
<br /> Development Agreement, dated as of August 29, 2001 , and recorded in Official Records Book 1426, Page 0596,
<br /> of the Public Records of Indian River County, Florida, which Collateral Development Agreement was consented
<br /> to by INDIAN RIVER COUNTY, FLORIDA , a political subdivision of the State of Florida (the " County" ) ; and
<br /> WHEREAS , pursuant to the Asset Purchase Agreement entered into as of October 9 , 2003 , by and
<br /> between Los Angeles Dodgers , Inc . and the Dodgers, the Dodgers succeeded to the interest of Los Angeles
<br /> Dodgers , Inc. under the Collateral Development Agreement; and
<br /> WHEREAS , the Collateral Development Agreement was amended by that certain First Amendment to
<br /> Collateral Development Agreement, dated as of June 24, 2004 , and recorded in Official Records Book 1758 ,
<br /> Page 0516, of the Public Records of Indian River County, Florida, between the Dodgers and Dodgertown
<br /> Venture, LLLP, a Delaware limited liability limited partnership ("DVLLLP") (which had succeeded to the interest
<br /> of Vero Acquisition, LLLP under the Collateral Development Agreement), which First Amendment to Collateral
<br /> Development Agreement was consented to by the County; and
<br /> WHEREAS , pursuant to that certain Special Warranty Deed from DT Commons, LLC (" DT Commons") ,
<br /> dated on or about the date hereof, and which has been recorded in the Public Records of Indian River County ,
<br /> Florida prior to the recording of this Declaration , the City is the fee simple owner of that certain portion of the
<br /> (FT288939;3 )
<br />
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