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BK : 1961 PG : 988 <br /> 8 . Separate Declaration. In addition to the use restrictions on the City Property as set forth herein <br /> for purposes of the Collateral Development Agreement, the City further acknowledges and agrees that the <br /> restriction on the development of the City Property solely for the Permitted Use shall be included in a separate <br /> declaration of covenants, conditions , and restrictions (the " Declaration") to be recorded in the Public Records of <br /> Indian River County, Florida simultaneously with the recording of this Second Amendment, and shall run with <br /> the land as to the City Property for a period of not less than forty (40) years from the date hereof, <br /> which <br /> Declaration shall be in the form set forth in Exhibit "D, " attached hereto and made a part hereof, and/or such <br /> restriction on the development of the City Property may be included as a deed restriction in each of the Special <br /> Warranty Deeds to the City from DVLLLP and DT Commons, respectively. <br /> [signatures begin on next page] <br /> { FT288939;3 ) '4" <br />