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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />recreational activities, youth related activities, or otherwise charitable activities;" and would <br />further also "not limit or prohibit the construction of any legally permitted buildings or structures <br />which are in furtherance of the permitted primary uses or charitable purposes." The recorded <br />restrictive covenant would also contain language that the restrictive covenant "shall not be released <br />or amended without the prior written, recordable consent of Indian River County" such that the <br />County will have the authority to enforce the restriction; and <br />WHEREAS, the School Board requested additional language be added to the restrictive <br />covenant to address issues relating to the use of potential bonds for the improvement for the Field; <br />and <br />WHEREAS, the restrictive covenant which is attached hereto as Exhibit "A" is the result <br />of negotiations with the County and School Board; and <br />WHEREAS, the parties to this Agreement wish to resolve the issues pertaining to the use <br />and transfer of the Field. <br />NOW, THEREFORE, for and in consideration of mutual covenants contained herein, and <br />intending to be legally bound, the County, Property Owners and School Board agree as follows: <br />1. Recitals. The Parties acknowledge and represent that the foregoing Recitals are <br />true and correct, and the Recitals are incorporated herein. <br />2. Dismissal and Release. The County agrees to dismiss with prejudice the pending <br />litigation in Indian River County, apolitical subdivision of the State of Florida v. Jimmy Graves <br />Foundation, Inc. and Jimmy Graves Sports Complex, LLC, Case No. 31-2020-CA-000690- <br />XXXXXX, filed in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River <br />County, Florida, against the Property Owners relating to the use of the Field upon receipt of the <br />deed from the Property Owners to the School Board. County agrees to dismiss the lawsuit <br />simultaneously with the closing. County agrees to provide an order of dismissal to the School <br />Board if received. <br />3. BindingEffect. The provisions of this Agreement shall be binding upon and inure <br />to the benefit of the Parties hereto, their parents, subsidiaries, divisions, affiliates, related and/or <br />jointly owned or controlled entities and the successors and assigns of each and personal <br />representatives and heirs. <br />4. Authority to Consent. Each party represents and warrants that they have executed <br />this Settlement Agreement freely, fully intending to be bound by the terms and conditions <br />contained herein; that it has fully corporate power and authority to execute, deliver and perform <br />this Agreement; that prior to the execution of this Agreement, all corporate actions of the Parties <br />necessary for the execution, delivery and performance of this Agreement by the Party has been <br />duly taken; and that this Settlement Agreement has been duly authorized and executed by the Party, <br />is the legal, valid and binding obligation of the Party, and is enforceable as to each Party in <br />accordance with its terms. <br />Page 2 of 5 <br />