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12 <br /> BOCC Draft 6/10/16 <br /> (h) Aquatic plants, aquatic animals, and their byproducts. <br /> 3.2. Right to Privacy. Grantor retains the right to privacy and the right to exclude any member of the public from <br /> trespassing on the Protected Property. This Easement is not intended to create any rights of the public in, on or to <br /> the Protected Property. <br /> 3.3. Right to Use the Protected Property for Customary Rural Enterprises. Grantor retains the right to use the Protected <br /> Property, for otherwise lawful and customary rural enterprises, such as,but not limited to, farm machinery repair, <br /> sawmills, firewood distribution,for nature and historic tours, equestrian activities, and other passive or <br /> "Ecotourism", "Agritourism" and"Special Events" as defined herein, educational programs or farm meetings and <br /> like activities, so long as such activities are consistent with Orange County zoning regulations and permits required <br /> by and issued by Orange County under its laws and ordinances as they exist now and as they may be amended <br /> from time to time, and are conducted in buildings otherwise permitted under this Conservation Easement in a <br /> manner that is consistent with the conservation purposes of this Conservation Easement. Any structures required <br /> for permitted purposes shall be located only within the Farmstead Areas, as shown on Exhibit . Any permanent <br /> or temporary structure or otherwise addition to the impervious surface shall not cause the total impervious surface <br /> restriction of the Protected Property to exceed two percent. <br /> Grantor has the right to establish and carry out customary rural enterprises provided said activities are compatible <br /> with the Conservation Purposes of this Conservation Easement and agriculture and forestry uses of the Protected <br /> Property, and are subordinate to the agricultural and residential use of the Protected Property. The enterprises shall <br /> be conducted in the buildings required for the agricultural use of the Protected Property or the residences in which <br /> full time employees of the farm reside. Enterprises which market petroleum or chemical products are prohibited. <br /> For purposes herein,the term"Ecotourism" shall be broadly defined to mean tourism and activities that are carried <br /> out in a relatively undisturbed natural area that serves as a tool for the education, appreciation, and promotion of <br /> natural and cultural heritage that has minimal negative impacts on the environment and farming resources of the <br /> Protected Property and promotes conservation and best management practices and provides constructive ongoing <br /> contributions to and for the local community. <br /> The term"Agritourism" shall be broadly defined to mean those farming activities and traditional rural activities <br /> that are carried out on any agricultural location,including horticultural and agribusiness operations, that allow <br /> members of the general public,for recreational, entertainment, active involvement, or educational purposes, to <br /> view or enjoy rural activities, including farming,ranching,historic, cultural,harvest-your-own activities, or natural <br /> activities and attractions, or"Special Events"as defined herein,that have minimal negative impacts upon the <br /> environment and the Conservation Values of the Protected Property and are limited to "de minimis" access to and <br /> uses of the Protected Property. An activity is an agritourism activity whether or not the participant paid to <br /> participate in the activity. <br /> The term"Special Events"shall be broadly defined to mean a one-time or infrequently occurring event outside <br /> normal"Agritourism"programs or activities that provides for an agriculturally based leisure, social or cultural <br /> experience outside the normal range of agritourism choices or beyond the everyday agricultural experience such as <br /> but not limited to: seasonal festivals,harvest celebrations, field days, square dances and the like. In no event shall <br /> "Special Events"exist on the Protected Property for more than seven(7) days per twelve(12)month period nor <br /> 6 <br />