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ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK EXHIBIT "A" TO SETTLEMENT AGREEMENT Prepared by and return to: Catherine D. Reischmann, Esq. 111 N. Orange Ave., Suite 2000 Orlando, FL 32802 DECLARATION OF COVENANT AND RESTRICTION THIS DECLARATION OF COVENANT AND RESTRICTION (the "Declaration"), is made and entered into on this day of , 2021, by and between THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, a Florida political subdivision, of 6500 57th Street, Vero Beach, FL 32967 (hereinafter referred to as "Declarant"), and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, of 1801 27th Street, Vero Beach, FL 32960 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, Declarant is the owner in fee simple of certain real property located in Indian River County, Florida more particularly described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, at County's request, Declarant has voluntarily agreed to impose a specific covenant and restriction limiting the use of the Property. NOW, THEREFORE, Declarant hereby declares that the Property shall be held, transferred, sold, conveyed, leased, and mortgaged subject to the following covenant and restriction which shall run with the Property and be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. 1. Covenant and Restriction. Declarant hereby declares, creates and imposes a restrictive covenant limiting the primary use of the Property to recreational activities, youth related activities, or otherwise charitable activities. This covenant does 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. Provided, however, that in the event the Declarant determines to finance educational facilities located on the Property through the issuance of Certificates of Participation or other financing structure, such restriction shall not be in effect due to the use of the Property for other purposes during the term of any ground lease entered into by the Declarant to finance educational facilities located on the Property under the Declarant's master lease - purchase finance program as the result of an event of default under the master trust agreement related thereto.