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First Baptist ChurchPrepared by and return to: Elizabeth Alexander Maxwell, Esq. Maxwell & Maxwell, P.A. 405 NW Third Street Okeechobee, FL 34972 863-763-1119 IIIlillllilllflllll11111111111111illlliif1111111Nllllllllll 20ID9007338 FIL-E NUM OR BK 00673 PG 0656 SHARON ROBERTSONâ–ş CLERK OF CIRCUIT COURT OKECHOBEE COUNTY? FL RECORDED 07123.2009 12:06:4431 F11 RECORDING FEES 13.50 RECORDED BY N Pinon F'9s 0656 - 657; (2u9s) DECLARATION OF COVENANTS CONDITIONS and RESTRICTIONS FIRST BAPTIST CHURCH OF OKEECHOBEE, INC.(hereinafter the "Declarant", is the owner in fee simple of certain real property (the "Property") located in Okeechobee County, Florida, described as follows: Lots 1, 2, 3, 10, 11, & 12, of Block 180, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of Okeechobee County. and Lots 7, 8, 9, & 10 of Block 182, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County. For the purpose of enhancing and protecting the value, attractiveness and desirability of the said Property, Declarant hereby declares that the Property described above shall be held, sold and conveyed only subject to the following covenants, conditions and restrictions, which shall constitute covenants running with the land and shall be binding on all parties having any right, title or interest in the above-described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the CITY OF OKEECHOBEE, a Florida municipal corporation, its successors and assigns, hereinafter the "City". WHEREAS The Declarant wishes to make the Property available for parking during Sunday Services and Wednesday evening services of the Declarant; and WHEREAS The Declarant wishes to ensure abutting landowners and the City that the Property will continue to be available for use as parking on Wednesday evenings and Sunday throughout church services unless and until the City Council of the City permits otherwise. NOW THEREFORE IT IS DECLARED: 1. That the Property shall be made available for parking during church services at the Declarant's adjacent church property on Sunday and on Wednesday evenings. 2. That the City shall be considered a third party beneficiary to this Declaration and have the right to enforce, by any proceeding at law or in equity, all covenants and restrictions now or hereafter imposed by the provisions of this Declaration. Should such proceeding be necessary, the prevailing party shall be entitled to reasonable costs and attorneys fees incurred at both the trial and appellate levels. 3. That the covenants and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by the City, more particularly described above until such restriction is removed by the City Council or the City permits otherwise. In Witness Whereof, the undersigned has hereunto set his hand and seal on behalf of the Declarant this _2_L day of July, 2009. Signed, sealed and delivered in our presence: l Si ture of Witness Printed Name: eth Maxwell Signature of Wit S Printed Name: y r State of Florida County of Okeechobee FIRST BAPTIST CHURCH OF OKEECHOBEE, INC. By: Dozi Clements, President The foregoing instrument was acknowledged before me this2( day of July, 2009 by Dozier Clements who is personally known to me. [Notary Seal] 0 Not Public Printed Name: Elizabeth A. Maxwell Elizabeth Maxwell ELIZABETH A. MAXWELL * MY COMMISSION t DD 534171 * EXPIRES: March 29, 2010 "4rFOF F 4-"Zr Bonded Thru Budget Notary Services