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tW <br />4W <br />46 <br />THIS DEVELOPMENT AGREEMENT is made and entered into as of this 1st day of <br />September, 2000, by and between INDIAN RIVER COUNTY, FLORIDA, a political sub -division of <br />the State of Florida (hereinafter referred to as tate "County"), and IAS ANGELES DODGERS, INC.. <br />a Delaware corporation (hereinafter referred to as the "Dodgers"). <br />WITNESSETH: <br />WHEREAS, the County has leased certain real property owned by the County to the Dodgers <br />pursuant to the Facility Lease Agreement dated as of September 1, 2000; and <br />WHEREAS, such real property is being leased to the Dodgers partially far the purpose of the <br />Dodgers, subject to the prior approval of the Ccunry, designing; and constructing certain Improvements to <br />the existing facilities currently known as "Dodgertown" (the "Project," as hereinafter defined) using die <br />funds specified herein; and <br />WHEREAS, the Dodgers have agreed to facilitate design and construction of the Project as <br />provided herein, and <br />WHEREAS, the Dodgers have aexeed w bear the expense and responsibility for the Project Cost <br />to the extent those costs exceed the amotutt of public funds available for the Project, as provided herein; <br />and <br />WHEREAS, the County and the Dodgers desire to establish a framework whereby the Project <br />will be designed and constructed by a Design Build Firm: and <br />WHEREAS, the Dodgers will oversee and manage all aspects of the Project, subject to the <br />provisions hereof; and <br />NOW,THEREFORE, for and in consideration of the premises and mutual covenants hereinafter <br />contained. and subject to the conditions herein set forth. the parties do hereby covenant, agree, and bind <br />themselves as follows: <br />