Res 2012-007 - Laserfiche WebLink

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(xi) to prohibit timber harvesting on the Easement Area except removal of exotics or diseased or damaged timber, for oak wilt prevention or treatment, or for uses and activities to the extent allowed in this Easement. 2. Rights and Duties of the Authority. The City confers the following rights upon the Authority in connection with this Easement, which rights shall otherwise be subject to the restrictions and provisions set forth in this Easement: A. Ingress and Egress. The Authority and its officers, agents, invitees, employees and contractors will have a right of ingress, egress and access to the Easement Area at all times, to exercise the rights and carry out the purposes set forth hereunder. B. Monitoring Equipment. The Authority may install, operate, and maintain various types of monitoring equipment, including a continuous recording rain gauge, at locations that are mutually agreeable to the parties. The Authority may install, operate, and maintain fences and other devices at locations mutually agreeable to the parties to provide security for the monitoring equipment. C. Monitoring Wells. The Authority may drill, operate, and maintain up to two monitoring wells at locations that are mutually agreeable to the parties. The Authority may install, operate, and maintain fences and other devices at locations mutually agreeable to the parties to provide security for the monitoring wells. D. Research, Restoration and Educational Activities. The Authority may conduct research activities with appropriate research entities related to watershed management, water quality protection or other similar purposes consistent with the purposes of this Easement. The Authority may also use the Easement Area for educational and restoration purposes, including field trips related to natural science education. The Authority shall coordinate all such activities with the City. E. Caves - Approval Authority. The Authority will have a right of review and approval for all plans of the City involving excavation and maintenance activities associated with known cave structures in the Easement Area. F. Recharge Structure Construction. With the mutual consent of the City, the Authority may construct, operate, and maintain one or more recharge structures within the Easement Area, at locations mutually agreed upon by the Authority and the City and other facilities reasonably associated therewith. G. Notice of Noncompliance; Cure Period; Right of Enforcement. If the Authority determines that the City is not complying with this Easement, the Authority will provide written notice to the City. The notice will identify the noncompliance and request action by the City to stop or correct the noncompliance within a reasonable period of time specified in the notice. If the Easement Area has been damaged, the notice will require the City to restore the Easement Area to the fullest extent practicable. If, within the time Page 4 of 9 1133456v 1 11212/01015