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AG 2009 10 19
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AG 2009 10 19
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Last modified
2/8/2010 12:32:14 PM
Creation date
11/27/2017 11:27:00 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/8/2010
Board
Board of Commissioners
Meeting Type
Regular
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• <br />tloat2510 Flu 59 <br />ARTICLE V. <br />GRAN'i'F.F;'S R1C13TS <br />The Granlcc is hereby grunted the right, but not the obligatirnt, to dcvclnp a management <br />plan for the natural plant and animal communities found to exist an the Property together with <br />the right to implement such management plan, at the Grantee's expense, and the right to use the <br />Property for educational, scicntitIc and charitable purposes consistent with the conservation <br />purposes and reserved rights of Grantor ut forth in this Conservation Easement (including but <br />not limited to rnnstruction and maintenance of fences, interpretative walkways, nature trails and <br />superviud field trips), provided that any management plop or She design and location ofany <br />construction shall be subject to the approval of Grantor, which shall not be unreasonably <br />withheld, and Corps approval. Grantee is granted the right, but not the obligation, to identify, <br />preserve and protect in perpetuity the existing condition of the Property. Grar-tee and the Carps <br />are also gtartled the right to enter the Property during normal business itotus for purposes of <br />monitoring the terms of this Conservation Easement. <br />ARTICLE. Vi. <br />ENEUIICF.MF:NT,~ND REh1RbIF.S <br />A. Upon any breach of the tcnns of this Conservation F.ascmcnt by Grantor, its <br />agents, successors, or assigns, which comes to the attention ofthe Grantee, the Grantee may <br />notify the Grantor in writing of such breach. 7hc Grantor shall have ninety {90) Jays alter <br />receipt of such notice to undertake actions that me rensonnbiy cniculatcd to promptly correct the <br />Conditions constituting such breach. If the breach remains uncured after ninety (y0) days, the <br />Geerttee may exercise any, or all, or none of the follo+ving remedies: <br />I. Institute suits to enjoin any breach or enforce any covenant by temporary <br />andlor permanent injunctions either prohibitive or mandatary andlor to recover <br />any damages from injtuy to any conservation values protected by this <br />Conservation Easement, including damages for the loss of scenic, aesthetic, <br />historic or enviromnental values and attorneys fees if Grantee prevails; and <br />2. Require that the land be restored promptly to the condition required by this <br />Conservation Easement. <br />9. The Granice has the right, but nv! the obligation, to pmvent any activity on or use <br />of the Property that is inconsistent with the purpose of this Conservation Easement. Grantee's <br />remedies shall be cumulative and shall be in addition to any other rights and remedies available <br />to Grantee at law or equity. [f Grantee, in its sole discretion, determines tha- ci«umstances <br />require immediate action to prevent or mitigate significant damage to the conservation values of <br />the PropeAy, the Grantco may pursue its «medies without prior notice to Orantoq but shah <br />exerciu reasonable efforts to notify Grantor. <br />C. No failure on the part of Gtantee to enforce any covenant or provision hereof shall <br />discharge or ]nyelidate such covenant or any other covenant, condition, or provision hereofar <br />street the right to Grantee to enfot+ce the same in the event ofr subsequent breach or default. <br />t~»»r.n <br />ta: M <br />c; ~ <br />Attachment number 1 <br />F-) 107 <br />
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