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in Paragraph 4 to the County Attorney, which letter of credit may <br />be drawn upon by the County after adoption by the Board of County <br />Commissioners of a Resolution asserting that the Land Company has <br />not fulfilled its obligation to stabilize the shoreline within the <br />time limits provided under this Agreement. In which case County <br />will proceed to resubmit its application for stabilization to the <br />Department of Environmental Regulation (File No. 310678588) and <br />upon permitting use the funds to complete the project. Iii the <br />event the County proceeds with the project under this paragraph, <br />then the Land Company hereby waives any and all objections to the <br />permitting and construction of such project by the County <br />including but not limited to objections based on assertions that <br />the County lacks ownership of the abutting property, the type, <br />extent, or degree of any materials or construction techniques <br />proposed to be used. If the County causes the construction to <br />occur with the use of funds drawn from the letter of credit the <br />County shall not thereby acquire any rights to the ownership of <br />the improvements or the property to which they are made. <br />8. Land Company agrees to establish a fifty (50) <br />foot deep building setback line from the new right-of-way line of <br />Jungle Trail by the imposition of deed restrictions recorded in <br />the public records of Indian Rivnr County in a form satisfactory <br />to the County Attorney, along the eastern boundary of the newly <br />realigned right-of-way provided further that this deed restriction <br />shall not prevent landscaping in accordance with applicably County <br />Ordinances, construction of perimeter walls or fences, in accord- <br />ance with applicable County Ordinances. This deed restriction <br />shall be in favor of and enforceable by the County and shall be <br />submitted to the County Attorney and proper executed form at the <br />same time as the deed referenced in paragraph 4 hereof. <br />9. This agreement may be enforced by either party by <br />applying to a court of competent jurisdiction for injunctive <br />relief. In the event either party resorts to a court proceeding <br />-4- <br />JUN 6 1984 aoax 57 PAGE359 <br />