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Prepared by, record and return to : THIS DOCUMENT HAS BEEN � . RECORDED IN THE PUBLIC RECORDS Office of the County Attorney OF INDIAN RIVER C (_)UNTY Fl _ 1801 27`1' St . , Vero Beach, FL 32960 BK : 2547 PG : 1289 , paged 3t5 Telephone : 772 . 226 . 1424 01 '09/2012 J1 10 : 57 AM . JEFFREY K BARON , CLERK OF COURT SECOND AMENDMENT TO FACILITY LEASE AGREEMENT THIS SECOND AMENDMENT TO FACILITY LEASE AGREEMENT (" Second Amendment") is made and entered into as of the 1 st day of January 2012 , to that certain Facility Lease Agreement by and between Indian River County, a political subdivision of the State of Florida ("County") and MiLB Vero Beach , LLC , a Florida limited liability company (" MiLB ") dated as of May 1 , 2009 ( "Facility Lease Agreement") , as amended by that certain First Amendment to Facility Lease Agreement, dated as of June 1 , 2011 ( "First Amendment") (the Facility Lease Agreement , First Amendment and this Second Amendment are collectively "Amended Facility Lease Agreement") . This Second Amendment is entered into by and among County, MiLB , Verotown , LLC , a Delaware limited liability company authorized to do business I n the State of Florida ( " Verotown") , and National Association of Professional Baseball Leagues, Inc . , a Florida non-profit corporation ( "NAPBL") , WHEREAS , on or about May 1 , 2009 , County and MiLB entered into the Facility Lease Agreement whereby County leased to MiLB the Land , the Facility and the FF &E , and transferred to MiLB the exclusive right and obligation to use, manage , operate and maintain the Facility for the term set forth therein ; and WHEREAS , on or about June 1 , 2011 , County and MiLB entered into the First Amendment addressing a land swap with the City of Vero Beach and certain improvements to the Facility ; and WHEREAS , MiLB wishes to assign the Amended Facility Lease Agreement to Verotown , and County and NAPBL are amenable to such assignment; and WHEREAS , County, MiLB and Verotown wish to make minor amendments to the Amended Facility Lease Agreement, as set forth herein , 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 . C `.Uncuniciiis and SciI ii ie ;ni woacrs,Locul SCI lings 'FaIiporerr h]ICTI]C1 FiIcs\OLK772nd Amend - Fdrilily Lcase Agnnl 4 (dale edil l (2).docx Page 1 Of 5