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0 <br /> 1 <br /> WHEREAS , the Bonds were issued as tax-exempt bonds, meaning that the interest on the <br /> Bonds is excluded from the gross income of Bondholders for federal income tax purposes; <br /> WHEREAS , Rule Chapter 9K4, Florida Administrative Code (F. A. C . ), authorizes FCT to <br /> impose conditions for funding on those FCT applicants whose projects have been selected for funding <br /> in accordance with Rule Chapter 91(4, F. A. C . ; <br /> WHEREAS , the FCT has approved the terms under which the Project Site is acquired and the <br /> deed whereby the Recipient acquires title to the Project Site shall contain such covenants and <br /> restrictions as are sufficient to ensure that the use of the Project Site at all times complies with <br /> Section 375 . 051 , Florida Statutes and Section 9, Article XII of the State Constitution and shall <br /> contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of <br /> the Internal Improvement Trust Fund upon the failure of the Recipient to use the Project Site <br /> acquired thereby for such purposes; and <br /> WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall <br /> describe with particularity the real property which is subject to the agreement and shall be recorded in <br /> the county in which the real property is located; and <br /> WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that <br /> are imposed on the Project Site subsequent to its acquisition using funds from the Florida Forever <br /> Trust Fund award . <br /> NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth <br /> herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby <br /> acknowledged, FCT and Recipient do hereby contract and agree as follows : <br /> I. GENERAL CONDITIONS. <br /> 1 . Upon execution and delivery by the parties hereto, the Recipient shall cause this <br /> Agreement to be recorded and filed in the official public records of Indian River County, Florida, and CD <br /> in such manner and in such other places as FCT may reasonably request, and shall pay all fees and <br /> charges incurred in connection therewith . -- <br /> M <br /> W <br /> 2 . The Recipient and FCT agree that the State of Florida Department of Environmental <br /> Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for <br /> n <br /> review. In the event Bond Counsel opines that an amendment is required to this Agreement so that <br /> the tax exempt status ofthe Florida Forever Bonds is not jeopardized, FCT and Recipient shall amend co <br /> the Agreement accordingly. W <br /> GAA\014 54-FF 1 <br /> 6/18/03 <br /> 2 <br />