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BK: 1762 PG: 1149 • • 1. That the above recitals are true and are incorporated herein by reference. 2. The Owner hereby declares and voluntarily covenants and agrees that notwithstanding the OCR zoning of the Property, the following restrictions shall apply to any development of the Property: (a) Lots 2 and 3, Block A, Ercildoune Heights Subdivision, according to the plat thereof as recorded in Plat Book 3, Page 74, Public Records of Indian River County, Florida, shall be used only for single-family residential dwellings and for no other purpose. No multi -family, business or commercial structure may be erected on Lots 2 and 3. 3 Amendment and Modification. This Declaration of Restrictive Covenants may only be modified, amended or released as to any portion of the Property by a written instrument executed by the owner of the fee simple title to the Property to be affected by such modification, amendment or release, providing that the same has been approved by proper application and approval of the Board of County Commissioners or then governing body. 4. Term of Covenant. This voluntary covenant on the part of Owner shall run with the land and remain in full force and effect and shall be binding upon Owner, its successors and assigns, unless modified, amended or released. 5. Inspection and Enforcement. It is understood and agreed that any employee of the County shall have the right to inspect at reasonable times to determine whether the Owner is in compliance with the conditions of the Declaration. The County shall have the right to enforce this Declaration of Restrictive Covenants at law or at equity. The prevailing party in any action or suit to enforce this Declaration shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any remedies available under law. 6. ,Severability. Invalidation of any one of these covenants by