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###### St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177

# Deed of Conservation with Third Party U.S. Army

# for Mitigation Banks Rights to the of Engineers

THIS DEED OF CONSERVATION EASEMENT (“Conservation Easement”) is given this day of , 20 , by (“Grantor”) whose mailing address is to the Florida Department of Environmental Protection and St. Johns River Water Management District (“Grantees”) with third party enforcement rights to the U.S. Army Corps of Engineers (“Corps”) (“Third Party Beneficiary”). As used herein, the term "Grantor" shall include any and all heirs, successors, or assigns of the Grantor, and all subsequent owners of the "Conservation Easement Area" (as hereinafter defined); the term “Grantees” shall include any successor or assignee of Grantee; and the term “Third Party Beneficiary” shall include any successor or assignee of the Third Party Beneficiary.

###### WITNESSETH

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

WHEREAS, Permit No. (“Permit”) and any modifications thereto issued by the Grantee authorizes the construction, implementation, operation, management, and maintenance of a mitigation bank in the State of Florida; and

WHEREAS, the U.S. Army Corps of Engineers Mitigation Banking Instrument No. (“Corps MBI”) authorizes the construction, implementation, operation, management, and maintenance of a mitigation bank and requires this site protection instrument over the lands identified in Exhibit B;

WHEREAS, the Grantor, in consideration of the consent granted by the Permit or other good and valuable consideration provided to Grantor, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (F.S.), over the area of the Property described on Exhibit “B” (“Conservation Easement Area”); and

WHEREAS, Grantor grants this Conservation Easement as a condition of the Permit, pursuant to Rule 62-342, Florida Administrative Code; and

WHEREAS, Grantor desires to preserve the Conservation Easement Area in perpetuity in its natural condition, or, in accordance with the Permit, in an enhanced, restored, or created condition; and

NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration provided to the Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the Conservation Easement Area which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever.

Form 62-330.301(24) – Deed of Conservation Easement for Mitigation Banks — Third Party Beneficiary Rights to the U.S. Army Corps of Engineers

Incorporated by reference in paragraph 62-330.301(6)(q), F.A.C. (June 1, 2018)

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