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H. NO MORTGAGE OR SALE OF THE RECREATIONAL FACILITIES. The County will <br />not mortgage, pledge or otherwise encumber the Recreational Facilities or any <br />part thereof, or any Gross Revenues to be derived therefrom, and will not sell, <br />lease or otherwise dispose of any substantial portion of the Recreational <br />Facilities, except as provided herein. <br />The County may sell, lease or otherwise dispose of a substantial portion <br />of the Recreational Facilities in the event that (a) such portion is determined <br />by resolution of the Board, upon the recommendation of the County Administrator <br />and the Qualified Independent Consultant, to be no longer necessary or useful or <br />profitable for the Recreational Facilities; and (b) the sale, lease or other <br />disposition of such portion is determined by resolution of the Board, upon <br />recommendation of the County Administrator and the Qualified Independent <br />Consultant, not to impair the ability of the County to comply during the current <br />or any future Fiscal Year with the rate covenant set forth herein. <br />The proceeds derived from any sale, lease or other disposition (including <br />condemnation) of a substantial portion of the Recreational Facilities shall be <br />used for the retirement of outstanding Bonds. The proceeds derived from the <br />sale, lease or other disposition (including condemnation) of less than a <br />substantial portion of the Recreational Facilities shall be placed in the <br />Improvement Fund, provided, however, all or a portion of such proceeds may be <br />used for the retirement of outstanding Bonds if authorized by resolution of the <br />Board upon the recommendation of the County Administrator and the Qualified <br />Independent Consultant. <br />I. INSURANCE. To the extent practicable, the County will carry adequate <br />fire and windstorm insurance on all buildings, structures and other appropriate <br />properties of the Recreational Facilities which are subject to loss through fire <br />or windstorm, will carry adequate public liability insurance, and will otherwise <br />carry insurance of all kinds and in the amounts normally carried in the operation <br />of similar facilities and properties in Florida. Any such insurance shall be <br />carried for the benefit of the Registered Owners of the Bonds. All moneys <br />received from losses under any of such insurance, except public liability, are <br />hereby pledged by the County as security for the Bonds, until and unless such <br />proceeds are used to remedy the loss or damage for which such proceeds are <br />received, in which event the repairing of the property damaged or the replacement <br />of the property destroyed shall be commenced within a reasonable time after the <br />receipt of such proceeds and shall proceed on a reasonable and continuous basis. <br />J. NO FREE USE. The County shall not furnish or supply the facilities <br />or services of the Recreational Facilities free of charge to any person, firm or <br />corporation, public or private. <br />K. REMEDIES. Any Registered Owner may by suit, action, mandamus or other <br />proceedings in any court of competent jurisdiction, protect and enforce any and <br />all rights, including the right to the appointmegt of a receiver, existing under <br />the laws of the State of Florida, and may enforce and compel the performance of <br />all duties required hereunder or by any applicable statutes to be performed by <br />the County or by any officer thereof. <br />Nothing herein, however, shall be construed to grant to any Registered <br />Owner any lien on any property of or in the County, except in the manner and to <br />the extent provided herein. <br />20 <br />