HomeMy WebLinkAbout2006-110REVISED CONSERVATION EASEMENT
(Wait Disney World Hospitality & Recreation Corporation Parcel B Only)
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This Grant of Conservation Easement is made this �_ day of, 2006, by and between
WALT DISNEY WORLD HOSPITALITY & RECREATION CORPORATION, 1375 Buena Vista Drive, Lake
Buena Vista, Florida 32830 (hereinafter referred to as "Grantor"), and INDIAN RIVER COUNTY, a political
subdivision of the State of Florida and BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA ("BOARD OF TRUSTEES") (hereinafter referred to as
"Grantees"):
WITNESSETH
WHEREAS; subject to an estate in Disney Vacation Development, Inc. for a term of years ending on
January 31, 2042, Grantor is the fee simple owner of certain real property situated in Indian River County,
Florida, which is currently undergoing development for residential resort use; and
WHEREAS, the establishment of a Conservation Easement is required by Indian River County Code
Section 929.05 with respect to nativeplant communities which occur on-site, and by FDEP Permit IR -457 with
respect to the beach/dune system; and
WHEREAS, the Conservation Easement described above was established and recorded at OR Book
1039; Page 2590, Public Records of Indian River County, Florida, on November 17, 1994, on Parcels A and B
as described therein (the "Original Conservation Easement); and
WHEREAS, the design of the development for Parcel B has been modified from that originally
contemplated in 1994, and the Grantor and Grantees agree that it will be of mutual benefit to revise the Original
conservation Easement by deleting Parcel B in its entirety from the Original Conservation Easement and, in lieu
and in place thereof, enter into this Revised Conservation Easement with respect to Parcel B only; and
WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity;
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and
restrictions contained herein, and pursuant to the provisions of section 704,06, Florida Statutes, Grantor hereby
voluntarily grants and conveys to Grantees aconservation easement in perpetuity over the Property of the nature
and character and to the extent hereinafter set forth over, upon, and across the following described property (the
"Conservation Area"):
Conservation Areas 1 and 2 as shown on Exhibit "A", attached hereto
and made a part hereof.
1. Puroose and Intent. It is the purpose and intent of this Conservation Easement to ensure that the
Conservation Area be retained and maintained forever predominantly in the natural vegetative and hydrologic
condition existing at the time of execution hereof, consistent with Sections 704.06, and 193.501, Florida
Statutes.
2. Prohibited Activities. Except for such activities as are necessary for Grantor to meet its
responsibilities under any planned development, plat or site plan approval by Indian River County or FDEP
permit, and except for any rights accorded Grantor under any such planned development, plat or site plan
approval or reserved to Grantor under the terms of this Easement, the following activities are prohibited in the
Conservation Area:
a. Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substances or material as landfill, or dumping or
placing of trash, waste, or unsightly or offensive materials;
C. Removal or destruction of trees, shrubs, or other vegetation, with the exception of
nuisance exotic plant species;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock or other material
substance in such 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;
L Activities detrimental to drainage, flood control, water conservation, erosion control,
soil conservation, or fish and wildlife habitat preservation;
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water areas; and
g. Acts of uses detrimental to such aforementioned retention and maintenance of land or
h. Acts or uses detrimental to the preservation of any features or aspects of the property
having historical, archaeological or cultural significance.
3. Maintenance of Conservation Area. Grantor shall have the right to maintain the Conservation
Area as provided by County ordinance.
4. Reserved Riehts.
a. 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 the purpose of this Conservation
Easement.
b. Notwithstanding anything to the contrary herein, Grantor shall be entitled to selectively
remove plants and to perform such activities and plantings in the Conservation Area as are reasonably necessary
to enhance or improve native species habitat as approved or required by local, state or federal jurisdictional
agencies. Native vegetation shall not be removed from the Conservation Area without prior approval by
Grantees.
C. Notwithstanding anything to the contrary herein, Grantor reserves the right to petition
Grantees for authorization to traverse the Conservation Easement with underground utilities. Provided such
utilities are installed with minimal disturbance to the Conservation Area and further provided any such
disturbance shall be remedied by Grantor by replanting of native vegetative species equal in density, type (if
practicable), and ecological value, to that which existed prior to placement of the utilities, Grantee's
authorization shall not be unreasonably withheld.
5. Rights of Grantee. To accomplish the purposes stated herein, Grantor conveys the following
rights to Grantee:
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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.
6. 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 may 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.
7. Grantee's Liability. Grantor will assume all liability for any injury or damage to the person or
property of third parties which may occur on the Property arising from Grantor's ownership of the Property.
Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee liable for any
damage or injury to person or personal property which may occur on the Property.
8.. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property
resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth
movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or
mitigate significant injury to the Property or to persons resulting from such causes.
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9. Responsibilities of Parties. Grantor, its successors or assigns, shall take responsibility for any
costs or liabilities related to the operation, upkeep or maintenance of the Property. In addition, Grantee, its
successors or assigns, shall have no responsibility for any costs or liabilities related to the operation, upkeep or
maintenance of the Property.
10. Recording in Land Records. Grantor shall record this Conservation Easement and any
amendments hereto in a timely fashion in the Official Records of Indian River County, Florida. Grantor shall
pay all recording costs and taxes necessary to record this Conservation Easement in the Public Records.
11. Successors. The covenants, terms, conditions and restrictions of this Conservation Easement
shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives,
heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property.
12. Subsequent Deeds. Grantor shall insert the terms and restrictions of this Conservation Easement
in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property.
Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty days prior
to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair
the validity of this Conservation Easement or limit its enforceability in any way.
13. Alteration or Revocation. This Conservation Easement may be amended, altered, released or
revoked only by permit modification as necessary and written agreement between the parties hereto or their
heirs, assigns or successors -in -interest, which shall be filed in the Public Records in Indian River County.
14. Enforcement. In the event of violation of any covenant contained in this Conservation Easement,
Grantees shall be entitled to pursue all available legal and equitable remedies, including injunctive relief.
15. Access to Conservation Area. It is understood that this Conservation Easement entitles the
Grantees or its authorized representatives to enter the above-described land in a reasonable manner and at
reasonable times to assure compliance. No right of access by the general public is conveyed by this Easement.
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16. Duration. The Conservation Easement hereby granted shall run with the land and shall be
binding upon Grantor and its successors and assigns and inure to the benefit of Grantees, and its successors and
assigns.
IN WITNESS WHEREOF, the undersigned executed this grant of Conservation Easement on the day
and date first above written.
Signed, sealed and delivered
in the presence of:
Im
MOMMMVP
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16- MTPPNOM- �i ! C
STATE OF FLO A
COUNTY OF SC4e
WALT DISNEY WORLD HOSPITALITY &
RECREATION CORPORATION
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The foregoing instrument was acknowledged before use this Al =~day of J un C 2006
by } W zheur VCctl di c e Pj-ci dzli- ofvJatt n4 y vel !a
t}Oto T7 + co-NI01 0'1iM , on behalf of the company. He is _� personally known tome or
produced as identification.
,ea % Ekcia Bameft MftCW
+1P } My Cpmmieegn DD212W5
9�tiP Expires May 15 2007
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
County Attorney
Indian Rivet County
THIS INSTRUMENT PREPARED BY:
Bruce Barkett, Esq.
Collins, Brown, Caldwell, Barkett & Garavaglia, Chartered
756 Beachland Boulevard
Vero Beach, Florida 32963
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NotaryPublic 24 0. 3D /next
Printed Name: h`��
My Commission expires: f+4 is . dao
CONSENT AND JOINDER TO THE REVISED CONSERVATION EASEMENT
(Walt Disney World Hospitality & Recreation Corporation Parcel B Only)
The undersigned, DISNEY VACATION DEVELOPMENT, INC., 200 Celebration Place,
Celebration, Florida 34747, a Florida corporation, hereby consents and joins in the foregoing Revised
Conservation Easement (Walt Disney World Hospitality & Recreation Corporation Parcel B Only).
IN WITNESS WHEREOF, this Consent and Joinder is executed by the undersigned this A I ¢t
day of :fin 2006.
Signed in. the presence of
JI .
. I a.11 ' � t•� /I
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Print Name
STATE OF FLORIDA
COUNTY OF "C"e O
DISNEY VACATION DEVELOPMENT, INC.
1' 6I EASE AN / /1
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The foregoing instrument was acknowledged before me this fit" day of J o.ne
2006, by F4i C4ILtl�y Vi(c P/23 td.5ytt of 19sy��W%
Jit a4p�, Inc.. on behalf of the company. He is V personally
known to me or produced Q as identification.
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+� l My Commission OD212865 l
Expos May152887
Notary Public
Printed Name: spat c' 6O �A�eS t
My Commission Expires:
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