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2011/01/19 Council Agenda Packet
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2011/01/19 Council Agenda Packet
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Council Agenda Packet
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1/19/2011
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8 <br /> Grantee shall have the right to enter the Protected Property at least once a <br /> year, at a mutually agreed time, for purposes of inspection and compliance <br /> monitoring regardless of whether Grantee has reason to believe that a <br /> violation of this Conservation Easement exists. <br /> B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds <br /> what it believes to be a violation of this Conservation Easement, it may, at <br /> its discretion, use any available legal or equitable remedy to secure <br /> compliance, including but not limited to seeking injunctive relief and/or <br /> specific performance requiring the Grantor to cease and desist all activity <br /> in violation of the terms of this Conservation Easement and to return the <br /> Protected Property to its condition prior to any violation(s). Except when <br /> an imminent violation could irreversibly diminish or impair the <br /> Conservation Values of the Protected Property, the Grantee shall give the <br /> Grantor written notice of the violation and thirty (30) days in which to <br /> take corrective action prior to commencing any legal action. The failure <br /> of Grantee to discover a violation or to take immediate legal action shall <br /> not bar it from doing so at a later time. Grantee may use the Baseline <br /> Documentation as a basis for enforcing the provisions of this Conservation <br /> Easement, but is not limited to the use of the Baseline Documentation to <br /> show a change of conditions. <br /> C. Emergency Enforcement. If Grantee, in its sole discretion, determines that <br /> circumstances require immediate action to prevent or mitigate significant <br /> damages to the Conservation Values of the Protected Property, Grantee <br /> may pursue its remedies under this section without prior notice to Grantor <br /> or without waiting for the period provided for cure to expire. <br /> D. Scope of Relief Grantee's rights under this section apply equally in the <br /> event of either actual or threatened violations of the terms of this <br /> Conservation Easement. Grantor agrees that the Grantee's remedies at <br /> law for any violation of the terms of this Conservation Easement are <br /> inadequate and that Grantee shall be entitled to the injunctive relief <br /> described in this section, both prohibitive and mandatory, in addition to <br /> such other relief to which Grantee may be entitled, including specific <br /> performance of the terms of this Conservation Easement, without the <br /> necessity of proving either actual damages or the inadequacy of otherwise <br /> available legal remedies. Grantee's remedies described in this section <br /> shall be cumulative and shall be in addition to all remedies now or <br /> hereafter existing at law or in equity. <br /> E. Costs of Enforcement. In the event Grantee must enforce the terms of this <br /> Conservation Easement, any costs of restoration necessitated by acts or <br /> omissions of Grantor, its agents, employees, contractors, invitees or <br /> licensees in violation of the terms of this Conservation Easement and <br /> Grantee's reasonable enforcement expenses, including reasonable <br /> 68 <br />
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