Common use of Conservation Easements Clause in Contracts

Conservation Easements. As further described in BRCP Chapter 8, Section 8.4.1, the Implementing Entity will negotiate the specific terms and conditions of conservation easements used to permanently protect BRCP Conservation Lands with each landowner on a case-by-case basis, based on site conditions, land uses, and Covered Species and habitat needs. However, all BRCP Conservation Lands conservation easements will comply with California Civil Code section 815 et seq., Government Code section 65965 et seq., and other applicable laws; will achieve certain objectives and prohibit certain uses, as further described in BRCP Chapter 5, Section 5.2.3.5; and will identify the Wildlife Agencies as third party beneficiaries for purposes of enforcing the terms of the easement. BRCP Conservation Lands conservation easements will be held by the Implementing Entity in most cases. If the Implementing Entity owns fee title to the land covered by the conservation easement, the conservation easement will be held by another conservation organization approved by the Wildlife Agencies. In addition, the Implementing Entity may, on a case-by-case basis, allow other conservation organizations approved by the Wildlife Agencies to hold BRCP Conservation Lands conservation easements, provided such conservation organizations enter into a binding agreement with the Implementing Entity in which they assume the obligation to enforce the terms of the conservation easement in accordance with the BRCP, this Agreement, and the Permits and comply with all applicable legal requirements including, but not limited to, Government to Code section 65965 et seq. For purposes of lands added to the BRCP Conservation Lands, the Implementing Entity will follow the minimum conservation easement requirements identified in Chapters 5 and 8 of the BRCP). Reasonable variations from conservation easements may be needed to address site-specific constraints. CDFW and USFWS, along with the Implementing Entity, must review and approve all conservation easements as well as any modifications to the template easement prior to its execution

Conservation Easements. As further described in BRCP Chapter 8, Section 8.4.1, the Implementing Entity will negotiate the specific terms and conditions of conservation easements used to permanently protect BRCP Conservation Lands with each landowner landowners. In all cases, the Implementing Entity will use the template conservation easement provided in BRCP Appendix M. Reasonable variations from the conservation easement template may be needed to address site-specific constraints. CDFW and USFWS, along with the Implementing Entity, must review and approve all conservation easements as well as any modifications to the template easement prior to its execution. All conservation easements on a case-by-case basis, based on site conditions, land uses, and Covered Species and habitat needs. However, all BRCP Conservation Lands conservation easements will comply with California Civil Code section 815 et seq., Government Code section 65965 et seq., and other applicable laws; will achieve certain objectives and prohibit certain uses, as further described in the template conservation easement (BRCP Chapter 5, Section 5.2.3.5Appendix M); and will identify the state and federal Wildlife Agencies as third party beneficiaries for purposes of enforcing the terms of the easement. Conservation easements on BRCP Conservation Lands conservation easements will be held by the Implementing Entity in most cases. If the Implementing Entity owns fee title to the land covered by the conservation easement, the conservation easement will be held by another conservation organization approved by the Wildlife Agencies. In addition, the Implementing Entity may, on a case-by-case basis, allow other conservation organizations approved by the Wildlife Agencies to hold BRCP Conservation Lands conservation easements, provided such conservation organizations enter into a binding agreement with the Implementing Entity in which they assume the obligation to enforce the terms of the conservation easement in accordance with the Permits, BRCP, and this Agreement, and the Permits Agreement and comply with all applicable legal requirements including, but not limited to, Government to Code section 65965 et seq. For purposes of lands added to the BRCP Conservation Lands, the Implementing Entity will follow the minimum conservation easement requirements identified in Chapters 5 and 8 of the BRCP). Reasonable variations from conservation easements may be needed to address site-specific constraints. CDFW and USFWS, along with the Implementing Entity, must review and approve all conservation easements as well as any modifications to the template easement prior to its execution.