EXHIBIT - 10.68
FOURTH AMENDMENT TO THE
SKYPORT PLAZA DECLARATION OF COMMON EASEMENTS,
COVENANTS, CONDITIONS AND RESTRICTIONS
THIS FOURTH AMENDMENT TO THE SKYPORT PLAZA DECLARATION OF COMMON
EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS (this "Fourth Amendment") is made
effective as of this _18th_ day of October, 2003, by the undersigned Owners, the President and the Secretary of
the Center Association for the purpose of amending the following described instrument (the "Declaration"):
Skyport Plaza Declaration of Common Easements, Covenants, Conditions and Restrictions dated as of February
14, 2001, and recorded on February 14, 2001 as Instrument No. 15560409 of the Official Records of Santa
Clara County, California (the "Official Records"), as amended by First Amendment to the Skyport Plaza
Declaration of Common Easements, Covenants, Conditions and Restrictions dated as of October 26, 2001, and
recorded on October 26, 2001 as Instrument No. 15929606 of the Official Records, as further amended by
Second Amendment to Skyport Plaza Declaration of Common Easements, Covenants, Conditions and
Restrictions dated as of October 14, 2002, and recorded on October 22, 2002, as Instrument No. 16552265 of
the Official Records, and as further amended by Third Amendment to Skyport Plaza Declaration of Common
Easements, Covenants, Conditions and Restrictions dated as of June 17, 2003, and recorded on September 12,
2003, as Instrument No. 17343456 of the Official Records.
RECITALS
WHEREAS, concurrently with this Fourth Amendment, EOP-Skyport I, L.L.C. ("EOP-I"), as the Owner of
Adjusted Parcel II, will convey fee simple title in and to a portion of Adjusted Parcel II (the "Brocade Parcel") to
Brocade Communications Systems Skyport LLC, a Delaware limited liability company ("Brocade");
WHEREAS, concurrently with this Fourth Amendment, EOP-I will subdivide Adjusted Parcel II and record a
final parcel map in compliance with the City requirements;
WHEREAS, after the recordation of the final parcel