Note: this template is only intended to be used when the permitee owns the site proposedto be preserved. If another entity owns the preservation site, please discuss the proposal with your supervisor and counsel

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Effect of Prior Encumbrances. Should a servitude, interest, right, or lease on or to the Property, not acknowledged herein, listed in Exhibit A, or identified on Exhibit B, and prior in time and recording to this Declaration of Restrictions, or unrecorded, be exercised in such a manner that it conflicts with or voids the prohibited uses of the Property set out in this Declaration of Restriction, then the Owner and its successors, assigns, lessees, and any other occupiers or users of the Property, shall be responsible for providing alternative compensatory mitigation in such amounts and of such service and function as the USACE and/or DEQ (or their successors in interest) shall determine in their sole discretion, in accordance with the Clean Water Act and/or Sections 62.1-44.15:20-23 of the Code of Virginia.

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