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BK: 2229 PG: 686
<br />acres shall remain subject to this Conservation Easement. Grantor shall provide a
<br />sketch and legal description of the applicable released two (2) acres.
<br />H.3. If the Property is divided into new tax parcels and transferred, as provided
<br />herein, and events occur with respect to a transferred portion of the Property that cause
<br />Grantee to invoke its rights or remedies, Grantee's rights and remedies shall be limited
<br />to the transferred portion of the Property and the owner of such transferred portion.
<br />Similarly, if events occur with respect to the retained portion of the Property that cause
<br />Grantee to invoke its rights or remedies, Grantee's rights and remedies shall be limited
<br />to the retained portion of the Property and the owner of such retained portion.
<br />H.4. New wires, lines, pipes, cables or other linear facilities providing electrical,
<br />gas, water, sewer, communications or other utility services to the allowed new or
<br />relocated residences may be installed, maintained, repaired, removed, relocated and
<br />replaced and Grantor may grant easements over and under the Property for such
<br />purposes subject to all then applicable development, building, and zoning requirements
<br />and restrictions of Indian River County. Septic or other underground sanitary systems
<br />serving the residences permitted herein may be Installed, maintained, repaired, or
<br />improved in accordance with applicable laws, regulations, and ordinances subject to all
<br />then applicable development, building, and zoning requirements and restrictions of
<br />Indian River County. For each new or relocated residence Grantor may construct and
<br />maintain a permeable road as a driveway if one does not already exist subject to all
<br />then applicable development, building, and zoning requirements and restrictions of
<br />Indian River County,
<br />ARTICLE VI. GRANTEE'S REMEDIES
<br />A. Remedies. If Grantee determines that Grantor is in violation of the terms of
<br />this Easement or that a violation is threatened, Grantee shall give written notice to
<br />Grantor of such violation and demard corrective action sufficient to cure the violation
<br />and, where the violation involves injury to the Property resulting from any use or activity
<br />inconsistent with the purpose of this Easement, to restore the portion of the Property so
<br />injured. If Grantor fails to cure the violation within thirty (30) days after receipt of notice
<br />thereof from Grantee, or under circumstances where the violation cannot reasonably be
<br />cured within a 30 -day period, fails to begin curing such violation within the 30 -day
<br />period, or fails to continue diligently to cure such violation until finally cured, Grantee
<br />may bring an action at law or in equity in a court of competent jurisdiction to enforce the
<br />terms of this Easement, to enjoin the violation, ex parte as necessary, by temporary or
<br />permanent injunction, to recover any damages to which it may be entitled for violation of
<br />the terms of this Easement or injury to any conservation values protected by this
<br />Easement, including damages for the loss of scenic, aesthetic, or environmental values,
<br />and to require the restoration of the Property to the condition that existed prior to any
<br />such injury. Without limiting Grantor's liability therefor, Grantee, in its sole discretion,
<br />may apply any damages recovered to the cost of undertaking any corrective action on
<br />the Property. if Grantee, in its sole discretion, determines that circumstances require
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<br />66 246
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