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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J,R, SMITH, CLERK <br />q. The Project Site shall be protected and managed as part of an ecological <br />corridor that includes Sebastian Stormwater Park and Sebastian Scrub <br />Conservation Area. <br />IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED <br />BY CHAPTER 259 AND CHAPTER 380, PART III, F.S. <br />1. Each parcel in the Project Site to which the Recipient acquires title shall be subject <br />to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and <br />restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times <br />complies with Sections 375.051 and 380.510, F.S.; Section 11(e), Article VII of the Florida <br />Constitution; the applicable bond indenture under which the Bonds were issued; and any provision <br />of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt <br />bonds. The Declaration of Restrictive Covenants shall contain clauses providing for the <br />conveyance of title to the Project Site, as applicable, to the Trustees, or a nonprofit <br />environmental organization or government entity, upon failure to comply with any of the <br />covenants and restrictions, as further described herein. <br />2. The Declaration of Restrictive Covenants shall also restate the conditions that were <br />placed on the Project Site at the time of project selection and initial grant approval. The <br />Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of <br />the reimbursement of the Project Site and shall be recorded by the Recipient in the county(s) in <br />which the Project Site is located. <br />3. If any essential term or condition of the Declaration of Restrictive Covenants is <br />violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient <br />shall be notified of the violation by written notice given by personal delivery, registered mail or <br />registered expedited service. The Recipient shall diligently commence to cure the violation or <br />complete curing activities within thirty (30) days after receipt of notice of the violation. If the <br />curing activities cannot be reasonably completed within the specified thirty (30) day time frame, <br />the Recipient shall submit a timely written request to FCT pursuant to conditions stated herein, <br />which includes the status of the current activity, the reasons for the delay and a time frame for the <br />completion of the curing activities. FCT shall submit a written response within thirty (30) days of <br />receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that <br />all curing activities shall be completed within one hundred twenty (120) days of the Recipient's <br />notification of the violation. However, if the Recipient can demonstrate extenuating circumstances <br />exist to justify a greater extension of time to complete the activities, FCT shall give the request <br />due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty <br />(30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, <br />fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT <br />negotiates an agreement with another local government or nonprofit environmental organization <br />who agrees to accept title. FCT may, but is not required to, negotiate a management agreement <br />with the local government, nonprofit environmental organization, the Florida Division of Forestry, <br />the Florida Fish and Wildlife Conservation Commission, the Department of Environmental <br />DEP Agreement No. S0958, Page 14 of 24 <br />FCT Project No. 11-050-FFI l <br />Pre -Acquired Project Site <br />