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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
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