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Agenda - 12-11-2007-3c
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Agenda - 12-11-2007-3c
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Last modified
9/1/2008 9:51:48 PM
Creation date
8/28/2008 10:38:25 AM
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BOCC
Date
12/11/2007
Document Type
Agenda
Agenda Item
3c
Document Relationships
Minutes - 20071211
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
RES-2007-090 Resolution Authorizing Contract to Purchase Real Property from Fred M. Kirby
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2007
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3~i-- <br />equity against any party or parties attempting to violate the terms of this Conservation Easement. <br />Except when an ongoing, or imminent violation could irreversibly diminish or impair any of the <br />conservation values of the Property, Grantees, or either of them, shall give Grantors written <br />notice of any violation and thirty (30) days to cure such violation, before commencing any legal <br />proceedings. Grantees, or either of them, may obtain an injunction to stop a violation or a <br />threatened violation, temporarily or permanently. The parties agree that a court may issue an <br />injunction or order requiring Grantors to restore the Property to its condition prior to the <br />violation, as restoration of the Property maybe the only appropriate remedy. In any case where a <br />court fmds that a violation has occurred, Grantors shall reimburse Grantees for all of Grantees' <br />expenses incurred in stopping and correcting the violation, including but not limited to <br />reasonable attorneys' fees. The failure of Grantees to discover a violation or to take immediate <br />legal action shall not bar Grantees, or either of them, from doing so at a later time for that <br />violation or any subsequent violations. in any case where a court fmds no such violation has <br />occurred, each party shall bear its own costs. In any case where the court fmds that there was a <br />Page 12 of 22 <br />
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