Laserfiche WebLink
WHEREAS , the Grantee is acquiring this Conservation Easement in accordance <br /> with the provisions of the Indian River County Environmental Lands Program guidelines <br /> and requirements to preserve agricultural operations in Indian River County ; and <br /> WHEREAS , Grantor and Grantee agree that this Conservation Easement is <br /> intended to be a " conservation easement" within the meaning of Florida Statutes section <br /> 704 . 06 (2006) . <br /> NOW, THEREFORE , Grantor hereby grants , creates , and establishes a perpetual <br /> conservation easement upon the Property described in Exhibit 'A " which shall run with the <br /> land and be binding upon the Grantor, its successors and assigns . <br /> 1 . Purpose , <br /> This Conservation Easement has two purposes : ( 1 ) to terminate the development <br /> rights (except as reserved herein ) to enable the Property to remain in agriculture and <br /> silviculture uses for the current and future production of food , fiber, and other related <br /> activities and to prevent any use of the Property that significantly impairs or interferes <br /> with the Property ' s long -term permitted use as defined in Paragraph 8 herein ; and ( 2 ) to <br /> conserve and protect the long -term viability of the Property ' s wetlands and woodlands <br /> as designated in Exhibit " C " subject to the retained rights and permitted uses specified <br /> in this Conservation Easement (the foregoing purposes collectively hereinafter <br /> referenced as " Purpose ") . <br /> 2 . Definitions . <br /> (a ) . As used in this Conservation Easement , the terms " Grantor" or "owner " <br /> include the original Grantor, its successors and assigns , all future owners of any legal or <br /> equitable interest in all or any portion of the Property , and any party entitled to the <br /> possession or use of all or any part thereof; and the term " Grantee" includes the original <br /> Grantee (s ) and its successors and assigns . If the Property is divided into New "Tax <br /> Parcels and transferred , as provided in this Conservation Easement , and events occur <br /> with respect to a transferred portion of the Property that cause Grantee to invoke <br /> paragraphs 15 (c) , 16 , 19 , 20 , 22 , or 30 (c) , 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 Paragraphs 16 , 19 , 20 , 22 , or 30 ( c) , Grantee 's rights and remedies shall <br /> be limited to the retained portion of the Property and the owner of such retained portion . <br /> ( b) . The term "Sound Agricultural Practices" shall be the same and be as defined <br /> and described in the current " Best Management Practices " publications of the Florida <br /> Department of Agriculture and Consumer Services , to the extent such publications exist <br /> and the outlined practices are applicable to the agricultural , ranching , and silviculture <br /> activities on the Property ; and provided such Sound Agricultural Practices do not adversely <br /> 2 <br />