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Notwithstanding any provision to the contrary herein contained, the above -stated conservation easement shall not transfer to Grantee any of the normal duties and obligations of the Grantor to maintain the fee simple property in a safe condition. Notwithstanding any provision to the contrary herein contained, the above -stated conservation easement shall not preclude the Indian River Mosquito Control District from obtaining access to the property for the purpose of mosquito inspection, treatment and management. This easement shall be perpetual and shall run with the land and be binding upon all subsequent owners of the servient estate. This easement shall not be transferred to another organization unless the transferee organization is also an eligible organization under Treasury Reg. 1.170A -14(c)(1) or similar provision of Federal law, and unless the donee organization, as a condition of the subsequent transfer, requires that the conservation purposes which this contribution was originally intended to advance continue to be carried out. This easement may be enforced by the Grantee by injunction or proceeding in equity or at law. This easement shall be recorded and indexed in the same manner as any other instrument affecting the title to real property. In the event that changed conditions render impossible the continued use of the property that is the subject of this easement for the conservation purposes, this easement may only be extinguished, in whole or in part, by judicial proceeding. In the event that all or a portion of this the property that is the subject of this easement is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this easement. The parties stipulate that the fair market value of this easement shall be determined by multiplying the fair market value of the property that is the subject of this easement unencumbered by this easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the property that is the subject of this easement (without deduction for the value of this easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this easement. This easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this easement or the status of the Grantee under any applicable laws, including § 170(h) of the Internal Revenue Code, and is consistent with the conservation purposes of this grant. Grantor hereby covenants that it is lawfully seized of said servient land in fee simple, and that it C) has good right and lawful authority to convey the easements hereby established, and will defend the same _ against the lawful claims of all persons whomsoever. W CD IN WITNESS WHEREOF, Grantor and Grantee have executed this easement on the date written �A above. By its execution and acceptance of this easement, Grantee accepts the conditions and rights of enforcement herein. 00 C.J