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2157035 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS Prepared by, record and return to: OF INDIAN RIVER COUNTY FL Office of the County Attorney BK 2517 PG:588, Pagel of 8 1801 27t` St., Vero Beach, FL 32960 08/11;2011 at 02:55 PM, Telephone: 772.226.1424 JEFFREY K BARTON. CLERK OF COURT FIRST AMENDMENT TO FACILITY LEASE AGREEMENT THIS FIRST AMENDMENT is made and entered into as of the 1 st day of June, 2011 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 ("Agreement"). WHEREAS, as of May 1, 2009, County and MiLB entered into the 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, based upon further negotiations between the parties and with the City of Vero Beach, Florida ("COVB"), the parties desire to amend the Agreement with respect to the Land, the Parking Lease and the Parking Property, the Improvements, and other related matters. 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. y 2. Definitions. Except as set forth herein, all capitalized terms herein shall have the same meaning as set forth in the Agreement. 3. Land. The definition of "Land" as set forth in section 1.02(q) is hereby amended, as follows: (a) the real property described on Exhibit A attached hereto is added to the definition of "Land" and is therefore subject to all terms and conditions of the Agreement, and (b) the real property described on Exhibit B attached hereto is removed from the definition of "Land" and is therefore no longer subject to the terms and conditions of the Agreement. 4. MiLB Events. All references in the Agreement to "Dodgers Events" are hereby changed to "Dodgertown Events," and new section 1.02(bb) is added as follows: "Dodgertown Events" shall mean any and all events and activities held on the premises of the Land and Facility including, without limitation, sports and non -sports related events and activities, meetings and conferences, whether such events and activities are conducted by County, MiLB or any third party using all or a portion of the Land and Facility with the consent of County or MiLB. C:IU.mlapoleyUppDataUaoMflerosoJtlWlndowalTempomry IM -1 F0 0LKCBFSIFIRSfAMBNDMENT TO FACILITY LEASE AGREEW&W..docs Page 1 of 4