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BK : 1961 PG : 986
<br /> Land (as defined in the Collateral Development Agreement) as more particularly described in Exhibit "A, "
<br /> attached hereto and made a part hereof ("Parcel 1 A") ; and
<br /> WHEREAS , pursuant to that certain Special Warranty Deed dated as of August 10, 2004 , and recorded in
<br /> Official Records Book 1771 , Page 21 , of the Public Records of Indian River County, Florida, between DVLLLP
<br /> and DT Commons, DVLLLP conveyed to DT Commons an approximately 9 . 3 acre portion of the Adjacent Land,
<br /> a portion of which was conveyed by DT Commons to the Dodgers pursuant to that certain Quitclaim Deed dated
<br /> as of January 26, 2005 , and recorded in Official Records Book 1828, Page 1949, of the Public Records of Indian
<br /> River County, Florida, resulting in a parcel consisting of approximately 8 . 3336 acres, as more particularly
<br /> described in Exhibit "B , " attached hereto and made a part hereof ("Parcel 3 ") ; and
<br /> WHEREAS, by virtue of taking title to Parcel IA and Parcel 3 , DT Commons has succeeded to the
<br /> interest of DVLLLP under the Collateral Development Agreement with respect to Parcel 1 and Parcel 3 ; and
<br /> WHEREAS , pursuant to that certain Special Warranty Deed dated on or about the date hereof, and which
<br /> is to be recorded in the Public Records of Indian River County, Florida simultaneously with the recording of this
<br /> Second Amendment, DT Commons has conveyed Parcel I to the City; and
<br /> WHEREAS , pursuant to that certain Special Warranty Deed dated on or about the date hereof, and which
<br /> is to be recorded in the Public Records of Indian River County, Florida simultaneously with the recording of this
<br /> Second Amendment, DVLLLP has conveyed to the City an approximately 30 . 8662 acre portion of the Adjacent
<br /> Land as more particularly described in Exhibit "C, " attached hereto and made a part hereof ("Parcel 3A") ; and
<br /> WHEREAS , for purposes of this Second Amendment, Parcel IA and Parcel 3A are collectively referred
<br /> to as the " City Property " ; and
<br /> WHEREAS , by virtue of taking title to the City Property, the City has succeeded to the interest of DT
<br /> Commons with respect to Parcel IA and to the interest of DVLLLP as to Parcel 3A under the Collateral
<br /> Development Agreement with respect to the City Property; and
<br /> WHEREAS, the City desires to amend the Collateral Development Agreement in order to develop the
<br /> City Property for uses other than as required by the Collateral Development Agreement, and the Dodgers have
<br /> agreed to so amend the Collateral Development Agreement, subject to the terms and conditions hereinafter set
<br /> forth .
<br /> NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and
<br /> valuable consideration, the receipt and sufficiency of which are hereby acknowledged , the parties agree as
<br /> follows :
<br /> 1 . Incorporation of Recitals . The above recitals are true and correct and are incorporated herein as if
<br /> set forth in full.
<br /> 2 . Definitions . All capitalized terms not otherwise defined herein shall have the meanings set forth
<br /> in the Collateral Development Agreement.
<br /> 3 , The City' s Permitted Use. Notwithstanding anything to the contrary contained in the Collateral
<br /> Development Agreement, the City, at its sole cost and expense, shall develop the City Property solely as (i) a
<br /> municipally-owned, public golf course, or (ii) green space, or (iii) a park-like setting or (iv) any combination of
<br /> the foregoing three uses (the "Permitted Use") . The City shall not develop and/or permit the use of the City
<br /> Property for any other use or purpose whatsoever without the prior written consent of both the Dodgers and the
<br /> County, which consent may be granted or denied by either the Dodgers or the County in the exercise of their
<br /> (Fr288939;3 ) -2-
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