Res 2001-146 - Laserfiche WebLink

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Property, binding on the Owner and the Owner's heirs, executors, administrators, successors and assigns. C. The Owner agrees to give express notice of the existence of this Easement to any person to whom it conveys an interest in the Property prior to making the conveyance. Any conveyance shall remain subject to the terms of this Easement, and each subsequent owner of the Property shall be bound by all terms and conditions of this Easement. 4. Rights of the City. The Owner confers the following rights upon the City in connection with this Easement: A. Right to Enter. The City and its officers, agents and employees have the right to enter the Property at reasonable times with advance notice to monitor the condition of Easement Area, and to enforce compliance with and otherwise exercise the City's rights under this Easement. The City has no right to permit third parties to enter the Property. The general public is not granted any right of access to the Property under this Easement. B. Right to Prevent or Stop Violations. The City has the right to prevent or stop any activity on or use of the Easement Area that violates the use restrictions in Paragraph 2 above. C. Right to Require Restoration. The City has the right to require the Owner to restore any areas or features of the Easement Area that are affected by any violation of the use restrictions in Paragraph 2 above. 5. Remedies of the City. A. One or more delays in enforcement of this Easement shall not be construed as a waiver of the City's right to strictly enforce the terms of this Easement. B. Notice and Cure Period. If the City determines that the Owner is in violation of this Easement, or that a violation is threatened, the City will provide written notice to the Owner. The notice will identify the violation and request action by the Owner to stop, prevent or correct the violation within a reasonable period of time specified in the notice. If the Easement Area has been damaged, the notice will require the Owner to restore the Easement Area to the fullest extent practicable. C. Failure of Owner to Act. 1. If, within the time period provided in the City's written notice, the Owner does not cease a violation or complete corrective action as requested in the notice, the City may enter the Easement Area to prevent or limit harm or damage to the Easement Area or to effect a cure of the violation, and the City may bring an action in law or in equity to enforce the terms of this Easement. 2. In the case of a violation that the City determines, in its sole discretion, is so serious or extensive that it threatens immediate and irreparable harm to the Easement C:\TEMP\conservation easement.doc 3