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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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