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Res 2001-209
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Res 2001-209
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7/11/2006 8:35:26 AM
Creation date
7/11/2006 8:35:11 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2001-209
Date
12/10/2001
Volume Book
145
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<br />2. Rights and Duties of the Authority. The City confers the following rights upon the Authority <br />in connection with this Easement: <br /> <br />A. Ingress and Egress. The Authority and its officers, agents, invitees, employees <br />and contractors will have a right of ingress, egress and access to the Easement Area at all <br />times, to exercise the rights and carry out the purposes set forth hereunder. <br /> <br />B. Monitoring Equipment. The Authority may install, operate, and maintain various <br />types of monitoring equipment, including a continuous recording rain gauge, at locations <br />that are mutually agreeable to the parties. The Authority may install, operate, and <br />maintain fences and other devices at locations mutually agreeable to the parties to <br />provide security for the monitoring equipment. <br /> <br />C. Monitoring Wells. The Authority may drill, operate, and maintain up to four <br />monitoring wells at locations that are mutually agreeable to the parties. The Authority <br />may install, operate, and maintain fences and other devices at locations mutually <br />agreeable to the parties to provide security for the monitoring wells. <br /> <br />D. Research and Educational Activities. The Authority may conduct research <br />activities with appropriate research entities related to watershed management, water <br />quality protection or other similar purposes consistent with the purposes of this <br />Easement. The Authority may also use the Easement Area for educational purposes, <br />including field trips related to natural science education. The Authority shall coordinate <br />all such activities with the City. <br /> <br />E. Caves - Approval Authority. The Authority will have a right of review and <br />approval for all plans of the City involving excavation and maintenance activities <br />associated with known cave structures in the Easement Area. <br /> <br />F. Recharge Structure Construction. With the mutual consent of the City, the <br />Authority may construct, operate, and maintain one or more recharge structures within <br />the Easement Area, at locations mutually agreed upon by the Authority and the City and <br />other facilities reasonably associated therewith. <br /> <br />G. Notice of Noncompliance; Cure Period; Right of Enforcement. If the Authority <br />determines that the City is not complying with this Easement, the Authority will provide <br />written notice to the City. The notice will identify the noncompliance and request action <br />by the City to stop or correct the noncompliance within a reasonable period of time <br />specified in the notice. If the Easement Area has been damaged, the notice will require <br />the OWfler to restore the Easement Area to the fullest extent practicable. If, within the <br />time period provided in the Authority's written notice, the City does not cease a <br />noncompliance or complete corrective action as requested in the notice, the Authority <br />shall have the right to enjoin the noncompliance and to enforce the restoration of any <br />portions or features of the Easement Area that may be damaged by such noncompliance. <br /> <br />Upon completion by the Authority of any activity under B, C, D or F of this paragraph, the <br />Authority agrees to restore the Easement Area to its condition preceding the activity, insofar as <br />practicable. This includes the restoration of fences, and the abandonment and plugging of wells <br /> <br />11212.0301I/DFRO/MISC-3/757133.4 <br /> <br />page 3 of6 <br />
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