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r funding in accordance with Rule Chapter 9K-7 , F .A . C . ; WHEREAS , the FCT has approved the terms under which the Project Site is acquired and the deed whereby the Recipient acquires title to the Project Site shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375 . 051 , Florida Statutes and Section 9 , Article XII of the State Constitution and shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure of the Recipient to use the Project Site acquired thereby for such purposes ; and WHEREAS , such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the county in which the real property is located ; and WHEREAS , the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its cost reimbursement using funds from the Florida Forever Trust Fund award . NOW THEREFORE , in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and Recipient do hereby contract and agree as follows : I . GENERAL CONDITIONS 1 . Upon execution and delivery by the parties hereto , the Recipient shall cause this Agreement to be recorded and filed in the official public records of Indian River County , Florida , and in such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith . 2 . The Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax-exempt status of the Florida Forever Bonds is not jeopardized, FCT and Recipient shall amend the Agreement accordingly. 3 . This Agreement may be amended at any time . Any amendment must be set forth in a written instrument and agreed to by both the Recipient and FCT . 4 . This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall bind , and the benefits shall inure to , respectively, the FCT and the Recipient and their respective successors and assigns . GAA\02 - 058 -FF2 October 22 , 2004 2