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Interlocal Cooperation Agreement between Snohomish County and City of Everett <br />Concerning Acquisition of Property with Conservation Futures Funds Page 11 of 23 <br />B. Attorneys’ fees and costs for enforcement. If the Grantee commences and <br />successfully prosecutes an enforcement action pursuant to Section XI below, the Grantor shall <br />pay all reasonable costs and expenses associated with the enforcement action, including but <br />not limited to, reasonable attorneys’ fees. <br /> <br />XI. Enforcement & Monitoring. Grantee shall have the authority to enforce the terms of <br />this Conservation Easement. To exercise this authority and thereby further the purpose of this <br />Conservation Easement, the Grantee shall have the following rights under this Conservation <br />Easement, which are subject to the stated limitations: <br /> <br /> A. Entry onto Protected Property with Reasonable Notice. If the Grantee has <br />reason to believe that a violation of the terms of this Conservation Easement has occurred or is <br />occurring, the Grantee shall have the right to enter the Protected Property, provided that <br />reasonable advance notice is given to the Grantor, for the purpose of inspecting it for violations <br />of any requirement set forth in this Conservation Easement. Additionally, the Grantee shall <br />have the right to enter the Protected Property at least once a year, at a mutually agreed time, <br />for purposes of inspection and compliance monitoring regardless of whether Grantee has <br />reason to believe that a violation of this Conservation Easement exists. <br /> <br /> B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds what it <br />believes to be a violation of this Conservation Easement, it may, at its discretion, use any <br />available legal or equitable remedy to secure compliance, including but not limited to seeking <br />injunctive relief and/or specific performance requiring the Grantor to cease and desist all <br />activity in violation of the terms of this Conservation Easement and to return the Protected <br />Property to its condition prior to any violation(s). Except when an imminent violation could <br />irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee <br />shall give the Grantor written notice of the violation and thirty (30) days in which to take <br />corrective action prior to commencing any legal action. The failure of Grantee to discover a <br />violation or to take immediate legal action shall not bar it from doing so at a later time or <br />constitute a waiver of its rights. Grantee may use the Baseline Documentation as a basis for <br />enforcing the provisions of this Conservation Easement, but is not limited to the use of the <br />Baseline Documentation to show a change of conditions. <br /> <br /> C. Emergency Enforcement. If Grantee, in its sole discretion, determines that <br />circumstances require immediate action to prevent or mitigate significant damages to the <br />Conservation Values of the Protected Property, Grantee may pursue its remedies under this <br />section without prior notice to Grantor or without waiting for the period provided for cure to <br />expire. <br /> <br /> D. Scope of Relief. Grantee’s rights under this section apply equally in the event of <br />either actual or threatened violations of the terms of this Conservation Easement. Grantor <br />agrees that the Grantee’s remedies at law for any violation of the terms of this Conservation <br />Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in <br />this section, both prohibitive and mandatory, in addition to such other relief to which Grantee