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6. The Owners agree to establish a construction set back by <br />deed restriction, as follows: <br />"No structures shall be installed or constructed within <br />sixty (60) feet easterly of the base line (the approximate <br />centerline of the existing road) of Jungle Trail, as established <br />by the 1976 Maintenance Map recorded in Official Record Book 9, <br />Page 40, public records of Indian River County, Florida. <br />"Structure" shall be limited to those prohibited by the Town of <br />Indian River Shores Code of Ordinances in effect as of the date of <br />this Restrictive Covenant and 'as hereafter amended; it being <br />intended that nothing shall be deemed to prevent or prohibit <br />Owners from installing landscaping and other structures permitted <br />between the East right-of-way of Jungle Trail as established by <br />deed described in Paragraph 4 hereof and the said set back <br />requirements of the Town of Indian River Shores; further, this <br />Restrictive Covenant shall not restrict the construction and <br />installation of fencing or perimeter walls provided same are in <br />conformance with ordinances of the Town of Indian River Shores." <br />7. 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 />or administrative hearing procedures to enforce its rights under <br />this Agreement, the prevailing party shall be entitled to <br />reasonable attorney's fees and the cost of the action from. the <br />losing party. <br />8. Owner and County agree that the area described on the <br />map attached hereto as Exhibit "A" requires the installation of <br />certain shoreline <br />stabilization <br />measures. <br />The <br />owners agree <br />immediately to use <br />their best <br />efforts to <br />design <br />a shoreline <br />stabilization project for submission to the County and the <br />Department of Environmental Regulation for permitting. The Owner <br />shall design the project in an environmentally sensitive manner, <br />and the project shall be subject to the review and approval of <br />Indian River County's administration prior to submitting an <br />application to the Department of Environmental Regulation. The <br />Owner agrees to submit such an application to the County within 90 <br />days of the execution of this Agreement and to the Department of <br />Environmental Regulation within 30 days thereafter. Upon approval <br />and issuance of all permits required, the Owner shall commence <br />BOOK FADE 5,90 <br />401 <br />