Res 2012-007 - Laserfiche WebLink

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period provided in the Authority's written notice, the City does not cease a noncompliance or complete corrective action as requested in the notice, the Authority shall have the right to enjoin the noncompliance, without the necessity of posting any bond or other surety, and to enforce the restoration of any portions or features of the Easement Area that may be damaged by such noncompliance. Notwithstanding the foregoing, in the event of a violation of this Easement, the Authority shall have all rights and remedies available at law or in equity to enforce the provisions of the Easement. The failure of the Authority to discover a violation or to take action under this Easement with respect to a violation shall not bar it from doing so at a later time, and shall not be deemed or construed to be a waiver of the Authority's rights in the event of any subsequent occurrence of that or any other violation. Upon completion by the Authority of any activity under B, C, D or F of this paragraph, the Authority agrees to restore the Easement Area to its condition preceding the activity, insofar as practicable. This includes the restoration of fences, and the abandonment and plugging of wells in accordance with applicable laws and regulations. The Authority will be responsible for maintenance of any area fenced by it. 3. City's Retained Rights; Covenant and Restriction. A. The City retains the right to use and enjoy the Easement Area in all ways, subject to the restrictions imposed by the purposes of this Easement and the Authority's rights as described above. The City agrees to provide the Authority with plans to implement any of the retained uses at least 90 days prior to construction or use and the Authority shall have at least 30 days to comment upon said plans or use, or offer reasonable suggestions for modification consistent with the other terms and rights set forth in this Easement. The Authority may use the procedures in Section 2.G. if it determines any planned use would violate the provisions or purposes of this easement. Except within the Habitat Preserve, these retained uses include the following: (i) the construction, operation and maintenance of trails and reasonably related appurtenances such as benches and drinking fountains or stations; and (ii) the construction, operation and maintenance of trailheads, one parking area (of no greater than one acre in size), together with a road for vehicular access to such parking area, appropriate restroom and drinking water facilities, and a reasonable number of single -table picnic facilities; (iii) electrical service as reasonably necessary to serve the City's retained uses under this Section 3.A and Section 3.B, so long as the electrical service infrastructure does not include regulated materials as defined by the Authority Rules (cooling oils, etc.); Page 5 of 9 1133456v 1 11212/01015