|
management plan. Unless otherwise specifically set forth in this Conservation Easement, the
<br />rights granted herein do not include or establish for the public any access rights. •
<br />B. Restoration Activities. Restoration activities include planting of trees, shrubs
<br />and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to
<br />grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of
<br />natural and manmade materials as needed to direct in-stream, above ground, and subterraneous
<br />water flow.
<br />IV. ENFORCEMENT AND REMEDIES
<br />A. Enforcement. To accomplish the purposes of this Conservation. Easement,
<br />Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the
<br />purposes of this Easement and to require the restoration of such areas or features of the Easement
<br />Area that may have been damaged by such activity or use. Upon any breach of the terms of this
<br />Conservation Easement by Grantor, its successors or assigns, that comes to the attention of the
<br />Grantee, the Grantee shall, except as provided below, notify the Grantor, its successors or assigns
<br />in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to
<br />correct the conditions constituting such breach. If the breach remains uncured after ninety (90)
<br />days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings
<br />including damages, injunctive and other relief. The Grantee shall also have the power and
<br />authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement
<br />Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to
<br />otherwise preserve or protect its interest in the Protected Property; or (c) to seek damages from
<br />any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the
<br />immediate right, without notice, to seek and, if granted by a judge of the General Court of Justice
<br />sitting in Orange County, obtain a temporary restraining order, injunctive or other appropriate
<br />relief if the breach of the term of this Conservation Easement is or would irreversibly or
<br />otherwise materially impair the benefits to be derived from this Conservation Easement. The
<br />Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be
<br />irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee
<br />provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies
<br />available to Grantee in connection with this Conservation Easement.
<br />B. Inspection. The Grantee, its employees and agents, successors and assigns, have
<br />the right, with reasonable notice, to enter the Easement Area over the Protected Property at
<br />reasonable times for the purpose of inspection to determine whether the Grantor, its successors or
<br />assigns are complying with the terms, conditions and restrictions of this Conservation Easement.
<br />C. Acts Beyond Grantor's Control. Nothing contained in this Conservation
<br />Easement shall be construed to entitle Grantee to bring any action against Grantor, its successors
<br />or assigns, for any injury or change in the Easement Area caused by third parties, resulting from
<br />causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth
<br />movement, or from any prudent action taken in good faith by the Grantor under emergency
<br />conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to
<br />the Property resulting from such causes.
<br />D. Costs of Enforcement. Beyond regular and typical monitoring, any costs
<br />incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, its
<br />successors or assigns, including, without limitation, any costs of restoration necessitated by
<br />•
<br />6
<br />
|