Florida Deed of Conservation Easement

DEED OF CONSERVATION EASEMENT

THIS DEED OF CONSERVATION EASEMENT is given this day of , by of (Grantor) to the ENVIRONMENTAL PROTECTION COMMISSION OF COUNTY (EPC), whose address is , , Florida (Grantee).

As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the Property (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee.

WITNESSETH

WHEREAS, the Grantor is the sole owner in fee simple of certain lands situated in County, Florida, more specifically described in Exhibit "A" attached hereto and incorporated herein (Property);

WHEREAS, Grantor desires to construct (Project) at a site in County, which is subject to the regulatory jurisdiction of the Environmental Protection Commission of County (EPC) pursuant to the Environmental Protection Act of County, Chapter 84-446 Laws of Florida and Chapter 1-11, Rules of the EPC.

WHEREAS, under the jurisdiction of the EPC Mitigation Agreement executed by the EPC Executive Director on that authorizes certain activities which affect wetlands in County.

WHEREAS, the authorization requires that the Grantor adequately protect the environmental benefits provided by the impacted wetland under the EPC's jurisdiction through wetland mitigation; and

WHEREAS, Grantor, pursuant to Chapter 1-11.08, Rules of the EPC, grants this conservation easement as a condition of the issuance of the Mitigation Agreement to offset or prevent adverse impacts to water quality and natural resources, including fish, wildlife, and wetland or other surface water functions.

NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby voluntarily grants and conveys a perpetual conservation easement, as defined in Section 704.06, Florida Statutes, for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever.

1. Purpose.

The purpose of this conservation easement is to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Mitigation Agreement shall be retained and maintained in the enhanced or created conditions required by the Mitigation Agreement.

2. Rights of Grantee.

To carry out this purpose, the following rights are conveyed to Grantee by this easement:

a. The right to take action to preserve and protect the environmental value of the Property;

b. The right to prevent any activity on or use of the Property that is inconsistent with the purpose of this conservation easement, and to require the restoration of areas or features of the Property that may be damaged by any inconsistent activity or use;

c. The right to enter upon and inspect the Property in a reasonable manner and at reasonable times, including the right to use vehicles and all necessary equipment to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this conservation easement; and

d. The right to enforce this conservation easement by injunction or 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 hereinafter set forth, and the right to require Grantor to restore such areas or features of the Property that may be damaged by any inconsistent activity or use.

3. Prohibited Uses.

Any activity on or use of the Property inconsistent with the purpose of this conservation easement is prohibited. Without limiting the foregoing, the following activities and uses are expressly prohibited, except for restoration, creation, enhancement, maintenance, and monitoring activities authorized by the Mitigation Agreements:

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 substance 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, including the removal, destruction, trimming or alteration of mangroves;

d. Planting or seeding of plants that are outside its natural range or zone of dispersal and has or is able to form self-sustaining, expanding, and free-living populations in a natural community with which it has not previously associated;

e. Exploration for or extraction of oil or gas, and excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface;

f. Surface use except for purposes that permit the land or water area to remain in its natural condition;

g. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing;

h. Acts or uses detrimental to such aforementioned retention of land or water areas;

i. 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.

4. Reserved Rights.

Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any EPC rule, criteria, permit and the intent and purposes of this conservation easement.

5. Public Access.

No right of access by the general public to any portion of the Property is conveyed by this conservation easement.

6. 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.

7. Taxes.

Grantor, its successors or assigns, shall pay before delinquency any and all taxes, assessments, fees, and charges of whatever description levied on or assessed by competent authority on the Property, and shall furnish Grantee with satisfactory evidence of payment upon request.

8. Liability.

Grantor, its successors or assigns, will assume all liability, up to the scope and limits provided in Florida Statutes §768.28, for any injury or damage to the person or property of third parties which may occur on the Property arising from the negligence of the Grantor, its successors or assigns. Neither Grantor, its successors or assigns, nor any person or entity claiming by or through Grantor its successors or assigns, shall hold Grantee liable for any damage or injury to person or personal property which may occur on the Property. Furthermore, the Grantor, its successors or assigns shall indemnify and hold harmless Grantee up to the scope and limits provided in Florida Statutes §768.28, for all liability, any injury or damage to the person or property of third parties caused by the negligence of the Grantor.

9. Hazardous Waste.

Grantor covenants and represents that to the best of its knowledge prior to its acquisition of the Property and that since its acquisition of the Property, no hazardous substance or toxic waste exists nor has been generated, treated, stored, used, disposed of, or deposited in or on the Property, and that there are not now any underground storage tanks located on the Property.

10. Enforcement Discretion.

Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach by Grantor, shall not be deemed or construed to be a waiver of Grantee’s rights.

11. Venue and Enforcement Costs.

The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate remedies, and Grantor consents that venue for such enforcement actions shall lie exclusively in the circuit court of the Judicial Circuit, in County, Florida. If the Grantee prevails in an enforcement action, it shall be entitled to recover the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of the conservation easement or to the vegetative and hydrologic condition required by the aforementioned Mitigation Agreement.

12. Assignment of Rights.

Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under applicable state laws.

13. Recording in Land Records.

Grantor shall record this conservation easement and any amendments hereto within days of execution of this easement in the Official Records of County, Florida. Grantor shall pay all recording costs and taxes necessary to record this conservation easement in the public records.

14. 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 successors and assigns and shall continue as a servitude running in perpetuity with the Property.

15. Notices.

All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest.

16. 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.

17. Severability.

If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved.

18. Alteration or Revocation.

This conservation easement may be amended, altered, released or revoked only by modification of the Mitigation Agreements as necessary and written agreement between the parties hereto or their assigns or successors-in-interest, which shall be filed in the public records in County.

19. Controlling Law.

The interpretation and performance of this conservation easement shall be governed by the laws of the State of Florida.

20. Rights of SWFWMD, ACOE and DEP.

The Florida Water Management District (SWFWMD), Army Corps of Engineers (ACOE) and the Department of Environmental Protection (DEP) shall have all the rights of Grantee under this easement. The ACOE and DEP shall be a party to a modification, alteration, release, or revocation of the conservation easement, and shall review and approve as necessary any additional structures or activities that require approval by the Grantee.

(OPTIONAL CLAUSE IF SWFWMD, DEP AND ACOE ARE ALSO REQUIRING A C.E.)

TO HAVE AND TO HOLD

unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this conservation easement, and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all person whomsoever.

IN WITNESS WHEREOF, the Grantor has executed this Conservation Easement on the day and year first above written.

STATE OF FLORIDA

COUNTY OF

The foregoing instrument was acknowledged before me this day of , 20 , by as of (corporation’s name) . He/she is personally known to me or has produced as identification.

__________________________________

Notary Public

__________________________________

Printed/Typed Name of Notary

Commission No.

Commission Expires

Prepared by:

__________________________________

Return to:

, Esq. Environmental Protection Commission Environmental Protection Commission Wetlands Management Division

1900 Ninth Avenue 1410 N. 21st Street , Florida .