2008-152 A - Laserfiche WebLink

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BK : 2272 PG : 1051 4-28-08 1 . Purpose . The purpose of this Conservation Easement is to assure that the Property will be retained forever in its existing natural condition and to prevent any use of the Property that will impair or interfere with the environmental value of the Property. Grantor and Grantee acknowledge and agree that: the Property is subject to the FCT Requirements ; and the FCT Requirements are generally consistent with this Conservation Easement . Should any inconsistencies occur, then the Parties will work together to resolve such inconsistencies so that the FCT Requirements will be met . 2 . Prohibited Uses . Any activity on or use of the Property inconsistent with the purpose of this Conservation Easement is prohibited . Without limiting the generality of the foregoing , the following activities and uses are expressly prohibited : (a) Construction or placing buildings , roads , signs , billboards or other advertising , utilities or other structures on or above the ground , except as otherwise required by the FCT Requirements . ( b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash , waste or unsightly or offensive materials . (c) Removing or destroying trees , shrubs , or other vegetation , except as may be required by the FCT Requirements . (d ) Excavating , dredging or removing loam , peat, gravel , soil , rock or other material substances in such a manner as to affect the surface . (e) Surface use , except for purposes that permit the land or water area to remain predominantly in its natural condition . (f) Activities detrimental to drainage , flood control , water conservation , erosion control , soil conservation , or fish and wildlife habitat preservation . (g ) Acts or uses detrimental to such retention of land or water areas . ( h ) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical , architectural , archaeological , or cultural significance . 3 . Reserved Rights . Grantor reserves unto itself, and its successors and assigns , all rights accruing from its ownership of the Property , including the right to engage in or permit or invite others to engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with FCT Requirements and the purpose of this Conservation Easement, 4 . Rights of Grantee . To accomplish the purposes stated herein , Grantor conveys the following rights to Grantee : (a ) To enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Conservation Easement. ( b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and the covenants set forth herein , to prevent the occurrence of any of the prohibited activities set forth herein , and require the restoration of areas or features of the Property that may be damaged by any activity inconsistent with this Conservation Easement, 5 . Grantee's Discretion . Grantee may enforce the terms of this Conservation Easement at its discretion , but if Grantor breaches any term of this Conservation Easement and Grantee does not exercise its rights under this Conservation Easement, Grantee's forbearance shall not be construed to be a waiver by Grantee of such term , or of any subsequent breach of the same , or any other term of this Conservation Easement, or of any of the Grantee's rights under this Conservation Easement . No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 6 , Grantee 's Liability. To the extent permitted by law and subject to the limitations of Section 768 . 28 , Florida Statutes , Grantor will indemnify Grantee for any injury or damage to the person or property of third parties which may occur on the Property arising from Grantor's Form 133 2