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NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted
<br /> activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the
<br /> adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual
<br /> Conservation Easement for and in favor of the Grantee upon the property described on Exhibit "B"which shall run with the
<br /> land and be binding upon the Grantor, and shall remain in full force and effect forever.
<br /> The scope, nature, and character of this Conservation Easement shall be as follows:
<br /> 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made
<br /> a part of this Conservation Easement.
<br /> 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural,
<br /> vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish,
<br /> plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or
<br /> created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit.
<br /> To carry out this purpose, the following rights are conveyed to Grantee by this easement:
<br /> a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce
<br /> the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by
<br /> Grantor at the time of such entry; and
<br /> b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation
<br /> Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged
<br /> by any inconsistent activity or use.
<br /> 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or
<br /> surface water management improvements, or other activities described herein that are permitted or required by the
<br /> Permit, the following activities are prohibited in or on the Conservation Easement:
<br /> a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other
<br /> structures on or above the ground;
<br /> b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash,
<br /> waste, or unsightly or offensive materials;
<br /> c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or
<br /> nuisance vegetation in accordance with a District approved maintenance plan;
<br /> • d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such
<br /> manner as to affect the surface;
<br /> e. Surface use except for purposes that permit the land or water area to remain in its natural or
<br /> enhanced condition;
<br /> f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil
<br /> conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing;
<br /> g. Acts or uses detrimental to such aforementioned retention of land or water areas;
<br /> h. Acts or uses which are detrimental to the preservation of the structural integrity or physical
<br /> appearance of sites or properties having historical, archaeological, or cultural significance.
<br /> 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to
<br /> engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria,
<br /> permit and the intent and purposes of this Conservation Easement.
<br /> Incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C.
<br /> Form 1190 (12/2011) Page 2 of 9
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