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Exhibit "C" to Special Warranty Deed <br /> Grantor hereby declares that all of the Property is conveyed subject to and shall hereafter be held , <br /> transferred, sold, conveyed, leased, mortgaged, used, developed, occupied and otherwise dealt with <br /> subject to the following covenant and restriction: The Property shall be used solely for public right-of- <br /> way, public parking or other public use in perpetuity (the "Covenant") . <br /> The Covenant shall run with title in and to the Property forever, shall be binding upon all persons <br /> or parties having or acquiring any right, title, estate, or interest in, to, or under the Property or any part or <br /> parcel thereof, along with their successors, assigns and legal representatives, and shall inure to the benefit <br /> of and be enforceable by Grantee and its successors, assigns and legal representatives and by the persons <br /> or parties referred to herein below. <br /> In addition to the Covenant being binding upon and running with title to the Property, the <br /> Covenant is also intended and shall be deemed to constitute negative perpetual easements and servitudes <br /> that shall be binding upon and run with title to the Property and that will inure to the perpetual benefit of <br /> the any and all persons or parties owning and holding a fee simple interest in, to or under the "Vicinity <br /> Properties" (defined below) or any part or parcel thereof, along with their respective successors, assigns <br /> and legal representatives . <br /> Grantor reserves the right in its sole and absolute discretion and from time to time to designate <br /> any person(s) or party(ies) to deal with and enforce the Covenant on Grantor' s behalf. For the avoidance <br /> of doubt, the foregoing reservation by Grantor in this paragraph is not intended and shall not be deemed <br /> to mean that the owners of fee simple interests in and to the Vicinity Properties do not also have <br /> independent standing to enforce the Covenant by virtue of the rights and benefits hereunto conferred upon <br /> them. <br /> For purposes of the Covenant, the Vicinity Properties are all those tracts or parcels of land <br /> described in the following recorded instruments: (i) Special Warranty Deed From Trustee of Land Trust, <br /> dated as of April 15, 1993 , made by Gordon S . Nutt, as trustee, in favor of Disney Development Company , <br /> recorded in Official Records Book 0969 , beginning at page 2380, Public Records of Indian River County, <br /> Florida; (ii) Quit-Claim Deed From Trustee of Land Trust, dated as of April 15 , 1993 , made by Gordon S . <br /> Nutt, as trustee, in favor of Disney Development Company, recorded in Official Records Book 0970, <br /> beginning at page 1841 , aforesaid records; (iii) Special Warranty Deed From Trustee of Land Trust, dated <br /> as of January 14, 1994, made by Gordon S . Nutt, as trustee, in favor of Disney Development Company, <br /> recorded in Official Records Book 1004, beginning at page 2154, aforesaid records ; and (iv) Special <br /> Warranty Deed From Trustee of Land Trust, dated as of January 14, 1994, made by Gordon S . Nutt, as <br /> trustee, in favor of Disney Development Company, recorded in Official Records Book 1004, beginning at <br /> page 2157, aforesaid records. <br /> January 8, 2008 <br /> C-5 <br />