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<br />grant deed dated June 5, 1997 and recorded on July 3, 1997 in the official records of <br /> <br />San Mateo County as Instrument No. 97-080414, EAR conveyed Parcel B to <br /> <br />Shorebreeze. Parcel B is described in Exhibit B attached hereto and incorporated <br /> <br />herein by this reference. <br /> <br />H. <br /> <br />Contemporaneously with and as a condition of the conveyance of <br /> <br />Parcel B to Shorebreeze, Shorebreeze, Flatirons, and EAR entered into the <br /> <br />Landscaping Agreement dated as of June 30, 1997 and recorded on July 3, 1997 in the <br /> <br />official records of San Mateo County as Instrument No. 97-080415 (the "Landscaping <br /> <br />Agreement") pursuant to which Shorebreeze assumed certain responsibilities for <br /> <br />Landscaping Agreement also gives Flatirons the right to enter upon Parcel B and the <br /> <br /> <br />landscaping design, design approval, completion and maintenance with respect to <br /> <br />Parcel B and the area between the property line of Parcel B and the curb of Shoreline <br /> <br />Drive as extended adjacent to Parcel B (the "Shoreline Drive Area"). The <br /> <br />Shoreline Drive Area and cure any default by Shorebreeze under the Landscaping <br /> <br />Agreement, at Shorebreeze's expense. A copy of the Landscaping Agreement is <br /> <br />attached hereto as Exhibit C. Because none of the remainder of the property owned <br /> <br />by Shorebreeze is subject to the Development Agreement, Flatirons, Electronic Arts <br /> <br />and the City have agreed to amend the Development Agreement to remove the <br /> <br />Development Agreement as an encumbrance on Parcel B without, however, <br /> <br />relieving Flatirons of its landscaping and landscaping maintenance obligations on <br /> <br />Parcel B and the Shoreline Drive Area under the Development Agreement if <br /> <br />Shorebreeze fails to do so, <br /> <br />-4- <br /> <br />MBW /DAAMEND3.DOC <br />