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Fickle Creek CE Attachment 4 Draft 9/19/2017 <br />Page 8 of 18 <br /> <br /> <br />8. Subdivision <br /> <br />The Property currently consists of two separate parcels of land identified as Lot 2 and 2 <br />on the recorded Plats for this Conservation Easement. Hereafter, the Property may be <br />recombined and/or subdivided, provided that at no time shall the Property consist of more than <br />two (2) separate tracts of land. The further subdivision of the Property, the recording of a <br />subdivision plan, partition, or any other division of the Property into more than two tracts is <br />prohibited. In any event, all terms, restrictions, and conditions of this Conservation Easement <br />shall apply to all recombined and/or subdivided parts of the Property including but not limited to <br />the requirements of agricultural viability of the Property, the restrictions on future development, <br />the necessity of a Conservation Plan, and the prohibition on activities that are described in this <br />Conservation Easement. It is understood that notice of this Conservation Easement will be <br />included in any instrument recorded that recombines, subdivides, partitions or otherwise divides <br />the Property. <br /> <br />9. Conservation Practices <br /> <br /> All agricultural operations on the Property shall be conducted in a manner consistent with <br />the requirements of this Conservation Easement and a Conservation Plan prepared in <br />consultation with NRCS and approved by the Orange County Soil and Water Conservation <br />District. This Conservation Plan shall be developed using the standards and specifications of the <br />NRCS Field Office Technical Guide and 7 CFR Part 12 that are in effect on the date of execution <br />of this Conservation Easement. The Grantor may, however, develop and implement a <br />Conservation Plan that proposes a higher level of conservation and is consistent with the NRCS <br />Field Office Technical Guide standards and specifications. Copies of the Conservation Plan shall <br />be kept on file in the office of the Orange Soil and Water Conservation District and shall be <br />provided to the Grantor and Grantee. The Conservation Plan may be updated from time to time <br />by mutual agreement of the NRCS and the Grantor. NRCS and the Grantee shall have the right <br />to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance <br />with the Conservation Plan. <br /> <br />In the event of noncompliance with the Conservation Plan, the Grantee shall work with <br />the Grantor to explore methods of compliance. Grantor shall be given a reasonable amount of <br />time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with <br />the Conservation Plan, NRCS will inform the Grantee of the Grantor’s non-compliance. <br />Following receipt of written notification from NRCS that (a) there is a substantial, ongoing event <br />or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the <br />Grantor to correct such noncompliance, and (c) Grantor has exhausted their appeal rights under <br />applicable NRCS regulations, the Grantee shall take all reasonable steps (including efforts at <br />securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance <br />with the Conservation Plan. Notwithstanding the foregoing, in the event that the Grantee <br />reasonably believe that there is a substantial, ongoing event or circumstance of non-compliance <br />14