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Agenda - 03-04-1998 - 9e
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Agenda - 03-04-1998 - 9e
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5/14/2013 3:33:28 PM
Creation date
7/21/2010 11:11:32 AM
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BOCC
Date
3/4/1998
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
9e
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Minutes - 19980304
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\Board of County Commissioners\Minutes - Approved\1990's\1998
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. BuOA 1572 P, at 565 <br />in a court of competent jurisdiction; and /or to recover any <br />damages arising from the noncompliance. Grantor agrees that <br />Grantee's remedies at law for any violation of the terms of this <br />Conservation Easement are inadequate and that Grantee shall be <br />entitled to the injunctive relief described in this paragraph, <br />both'prohibitive and mandatory, in addition to such other relief <br />to which Grantee may be entitled, including specific performance <br />of the terms of this Conservation Easement, without the necessity <br />of proving either actual damages or the inadequacy of otherwise <br />available legal remedies. Grantee's remedies described in this <br />paragraph are cumulative and in addition to all remedies now or <br />hereafter existing at law or in equity. Damages, when recovered, <br />may be applied by Grantee, in its sole discretion, to corrective <br />action on the Protected Property. Any costs incurred by Grantee <br />in enforcing the terms of this Conservation Easement against <br />Grantor, including, without limitation, costs of suit and <br />attorneys' fees, and any costs of restoration necessitated by <br />Grantor's violation of the terms of this Conservation Easement <br />shall be borne by Grantor. If Grantor prevails in any action to <br />enforce the terms of this Conservation Easement, Grantor's costs <br />of suit, including, without limitation, attorneys' fees, shall be <br />borne by Grautee. <br />9.1. agency Enforcement. If Grantee, in its sole <br />discretion, dater-mines that circumstances require immediate <br />action to prevent or mitigate significant damage to the <br />conservation_values__of the Protected Property, Grantee may pursue <br />11 <br />24 <br />►M.11A- <br />
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