Agricultural easement and Warranty Deed - Fickle Creek Farm

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