Conservation Easement. The Cooperator shall convey a perpetual conservation easement as defined in Section 704.06, F.S., to the District, over the Project area, without encumbrances unless such encumbrances do not adversely affect the ecological viability of the Project. The conservation easement will cover that portion of the property that is being improved with funds provided under this Agreement. The form and content of the conservation easement is subject to District review and approval prior to execution and should be substantially similar to the template attached hereto as an exhibit. Within 60 days of construction commencement, the Cooperator must submit a Title Insurance Commitment, legal description with a boundary survey signed and sealed by a Florida registered surveyor, evidence of ownership or legal control of the property, and a draft conservation easement for District review and approval. If the Cooperator is a municipality, political subdivision or state agency, it may use an Ownership and Encumbrance Report acceptable to the District in lieu of a Title Insurance Commitment. The Cooperator will have 90 days to remove any encumbrances identified by the District as unacceptable or demonstrate to the District’s satisfaction that the encumbrance or encumbrances will not affect the ecological viability of the Project. Within 30 days after construction is complete, the Cooperator must execute and record the conservation easement. Within 30 days after recording, the Cooperator must submit the recorded conservation easement for the Project area to the District. Within 90 days after recording, the Cooperator must submit a Title Insurance Policy consistent with the Title Insurance Commitment or Ownership and Encumbrance Report approved by the District. All costs associated with obtaining the conservation easement and the other required documents shall be the sole obligation of the Cooperator outside of this Agreement. This Paragraph shall survive the expiration or termination of this Agreement.
Appears in 2 contracts
Sources: Project Agreement, Project Agreement
Conservation Easement. The Cooperator COOPERATOR shall convey a perpetual conservation easement as defined in Section 704.06, F.S., to the DistrictDISTRICT, over the PROJECT area generally described in the Project areaPlan, without encumbrances unless such encumbrances do not adversely affect the ecological viability of the ProjectPROJECT. The parties acknowledge that for purposes of this Paragraph, the conservation easement will cover that portion of the property that is being improved with funds provided under this Agreement. The form and content of the conservation easement is subject to District DISTRICT review and approval prior to execution and should be substantially similar to the template attached hereto as an exhibit. Within 60 sixty (60) days of beginning construction commencement, the Cooperator COOPERATOR must submit a Title Insurance Commitment, legal description with a boundary survey signed and sealed by a Florida registered surveyor, evidence of ownership or legal control of the property, and a draft conservation easement easement, in accordance with the Project Plan, for District DISTRICT review and approval. If the Cooperator COOPERATOR is a municipality, political subdivision or state agency, it may use an Ownership and Encumbrance Report acceptable to the District DISTRICT in lieu of a Title Insurance Commitment. The Cooperator COOPERATOR will have 90 ninety (90) days to remove any encumbrances identified by the District DISTRICT as unacceptable or demonstrate to the District’s DISTRICT’S satisfaction that the encumbrance or encumbrances will not affect the ecological viability of the ProjectPROJECT. Within 30 thirty (30) days after construction is complete, complete the Cooperator COOPERATOR must execute and record the conservation easement. Within 30 days after recording, the Cooperator must submit the recorded conservation easement for the Project area to the District. Within 90 days after recording, the Cooperator must submit a Title Insurance Policy consistent with the Title Insurance Commitment or Ownership and Encumbrance Report approved by the District. All costs associated with obtaining the conservation easement and the other required documents shall be the sole obligation of the Cooperator outside of this Agreement. This Paragraph shall survive the expiration or termination of this Agreement.thirty
Appears in 1 contract
Sources: Cooperative Funding Agreement