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