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Draft 812910.5 (BOCC) 18 <br />construed to benefit or to create any rights in any third parties, including but not limited to the <br />general public <br />19. RE-RECORDING. In order to ensure the perpetual enforceability of the <br />Conservation Easement, the Grantee is authorized to re-record this instnument or any other' <br />appropriate notice or instrument. <br />20, MERGER. The parties agree that the terms of this Conservation Easement shall <br />survive any merger of the fee and easement interest in the Easement Area. <br />21. SUBSEQUENT LIENS ON EASEMENT AREA. No provisions of this <br />Conservation Easement should be construed as impairing the ability of Grantor' to use the <br />Easement Area as collateral for subsequent borrowing, provided that any mortgage or lien arising <br />from such a borrowing is made subordinate to this Conservation Easement. <br />22. EXHIBITS AND DOCUMENTATION. <br />(a) Documentation Report. The parties acknowledge that the Baseline Report, a copy <br />of which is on file at the offices of the Grantee, accurately establishes the uses, structures, <br />conservation values and condition of the protected Easement Area as of the date hereof. See <br />summary attached as Exhibit B. <br />(b) Future Construction. Exhibit C is a GIS map and sketch showing the <br />configuration of the property owned by the Grantor. <br />23. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the <br />parties with respect to the Conservation Easement and supersedes all prior discussions, <br />negotiations, understandings or agreements relating to the Conservation Easement. If any <br />provision is found to be invalid, the remainder of the provisions of this Conservation Easement, <br />and the application of such provision to persons or circumstances other than those as to which it <br />is found to be invalid, shall not be affected thereby. <br />24. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the <br />Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby <br />accepts without reservation the rights and responsibilities conveyed by this Conservation <br />Easement. This Conservation Easement is to be effective the date recorded in the Orange <br />County Registry of'Deeds. <br />TO HAVE AND TO HOLD, this Grant of Conservation Easement, including the right- <br />of-way easement all as described in Exhibit A, unto the said Grantee its successors and assigns, <br />forever- <br />Page 18 of 16