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NOW, THEREFORE in consideration of the amount of and other good and <br />valuable consideration, Grantor hereby grants and conveys a perpetual conservation <br />easement in gross over the Mitigation Property of the nature and character and to the <br />extent hereinafter set forth. <br />1. Purpose <br />It is the purpose of this Easement to ensure that the Mitigation Property will be retained <br />forever in a condition consistent with that described in the Revised Mitigation Plan <br />attached hereto as Exhibit B and to prevent any use of the Mitigation Property that will <br />impair or interfere with the Conservation Values of the Mitigation Property. <br />2. Rights of the District <br />To accomplish the purpose of this Easement, the District, its employees, contractors or <br />assigns shall have the following rights: <br />A. To preserve, protect, restore, and enhance the Conservation Values of the <br />Mitigation Property as necessary to comply with the terms of the 404 Permit. <br />B. To enter upon, traverse, excavate, fill, fence, plant or remove vegetation, obtain <br />water rights for and manage such water rights for the purpose of creating wetlands <br />as specified in the Revised Mitigation Plan (Exhibit B) to further the Conservation <br />Values of the property. <br />C. To prevent any activity on or use of the Mitigation Property that is inconsistent <br />with the purpose of this Easement and to require the restoration of such area or <br />features of the Mitigation Property that may be damaged by any inconsistent <br />activity or use. <br />D. To conserve and protect all mineral, and water rights required to protect and to <br />sustain the Conservation Values of the Mitigation Property. <br />3. Prohibited Activities <br />The following activities are prohibited and no person shall engage in any of the following <br />restricted activities on the Mitigation Property once the mitigation planned for the <br />property is completed (as described in the Revised Mitigation Plan-see Exhibit B) <br />without approval from the Corps: <br />A. Planting, landscaping plowing or cultivation of the Mitigation Property or any <br />portion of such area. <br />B. Planting, introduction or dispersal of non-native or exotic plant species or animal <br />species.