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BK: 3179 PG: 1063 <br />(d) excavation, dredging or removal of loam, peat, gravel, soil, rock <br />or other material substance in such manner as to affect the surface. <br />(e) surface use except for purposes that permit the land or water <br />area to remain predominantly in its natural condition. <br />(f) activities detrimental to drainage, flood control, water <br />conservation, erosion control, soil conservation, or fish and wildlife habitat <br />preservation. <br />(g) acts or uses detrimental to the retention of land or water areas. <br />(h) acts or uses detrimental to the preservation of the structural <br />integrity or physical appearance of sites or properties of historical, archeological, <br />architectural, or cultural significance. <br />Notwithstanding any provision to the contrary herein contained, <br />Grantor reserves the right for certain passive recreational uses not detrimental to <br />the health of the ecological system. <br />Notwithstanding any provision to the contrary herein contained, the <br />above -stated conservation easement shall not transfer to Grantee any of the <br />normal duties and obligations of the Grantor to maintain the fee simple property <br />in a safe condition. With prior permission of Grantee, Grantor may remove dead <br />trees or palms that pose a falling risk to surrounding properties; remove excess <br />palm fronds, leaves, pine needles or tree branches to reduce the risk of wildfires. <br />Notwithstanding any provision to the contrary herein contained, the <br />above -stated conservation easement shall not preclude the Indian River <br />Mosquito Control District from obtaining access to the property for the purpose of <br />mosquito inspection, treatment, and management. <br />This easement shall be perpetual and shall run with the land and <br />be binding upon all subsequent owners of the servient estate. This easement <br />shall be assignable to other governmental bodies or agencies, charitable <br />organizations, or trusts authorized to acquire such easements. This easement <br />shall be the perpetual maintenance obligation of the Grantor, and all subsequent <br />owners of the servient estate. This easement may be enforced by the Grantee <br />by injunction or proceeding in equity or at law. This easement may be released <br />by the Grantee to the owners of the servient estate. This easement shall be <br />recorded and indexed in the same manner as any other instrument affecting the <br />title to real property. <br />Grantor hereby covenants that it is lawfully seized of said servient <br />land in fee simple, and that it has good right and lawful authority to convey the <br />