Laserfiche WebLink
C. Acts Beyond Owner's Control. The City may not bring .any action against the <br />Owner for any change to the Easement .Areas resulting from causes beyond the <br />Owner's control, such as changes caused by fire, flood, storm, natural <br />deterioration. or the unauthorized acts of persons other than the Owner or the <br />Owner's agents, employees or contractors or resulting from reasonable actions <br />taken in good faith under emergency conditions to prevent or mitigate damage <br />resulting from such causes. <br />D. Right to Report: In addition to other remedies, the City has the right to report any <br />enviromnental concerns or conditions or any actual or potential violations of any <br />envirornnental laws to appropriate regulatory agencies. <br />SECTION 7 <br />Extin6uishment. This CE & R may be extinguished only through judicial proceedings and only <br />under the following circumstances: <br />A. This CE & R may be extinguished only (i) if unexpected change in the conditions <br />of or surrounding the Easement Areas makes the continued use of the Easement <br />Areas for the Conservation Values set out above impossible or impractical or (ii) <br />pursuant to the proper exercise of the power of eminent domain. <br />B. The Owner recognizes that uses of the Easement ,Areas prohibited by this CE & R <br />may, in the future, become more economically viable than those uses permitted by <br />the CE & R. The Owner also recognizes that neighboring properties may, in the <br />future, be put entirely to uses not permitted on the Easement Areas by this CE & <br />R. <br />The Owner and the City believe that such changes will increase the public benefit <br />provided by this CE & R. Therefore, such changes are not considered unexpected <br />changes and shall not be deemed to be circumstances .justifying the <br />extinguislunent of this CE & R as otherwise set forth above. <br />C. Proceeds from Extin~,uislunent. If this CE & R is extinguished or terminated in <br />whole or in part, the City is entitled to a portion of any proceeds of such sale, <br />exchange or involuntary conversion in an amount that is equal to the fair market <br />value of this CE & R at the time of the extinguislunent but that is not less than an <br />amount equal to the proportionate value that this CE & R bears to the value of the <br />Easement Areas as a whole at the time of this conveyance. The City shall use its <br />share of any proceeds in a manner consistent with the Conservation Values of this <br />CE&R. <br />SECTION 8 <br />Limited Assi ng ment. This CE & R may be assigned or transferred by the City only to a <br />conservation organization which is a qualified organization under Section 170(h) of the Internal <br />_92_ <br />