Agenda - Council - 01/22/2008 - Laserfiche WebLink

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11. To obtain evidence for use in seeking judicial or other enforcement of this CE & R. 111. To surveyor otherwise mark the boundaries of all or part of the Easement Areas if necessary to determine whether there has been or may be a violation of this CE & R.. Any surveyor boundary demarcation completed under this provision will be atthe City's expense. IV. To otherwise exercise its rights under this CE & R. SECTION 5 Miscellaneous Terms. This CE & R is a non-possessory easement and restriction and shall not operate to, or be deemed to, grant to the City any right to enter upon, use or improve, or permit the public any right to enter upon, use or improve, any part of the Easement Areas as a park or recreational area, except as set forth in Section 4 above. Moreover, nothing in this instrument grants any member of the public the right or privilege whatsoever to enter upon the Easement Areas for any purpose (other than upon the invitation of the Owner or pursuant to Section 4 of this CE & R). SECTION 6 Remedies. All rights and remedies under Minnesota Statutes 84.65 and 84C.03 as amended shall be available to the City to enforce this CE & R. Also, if there shall be a violation or breach, or an attempt to violate or breach, any of the terms, covenants, or conditions of this CE & R, the City may prosecute any proceedings at law or inequity against the person or entity violating or breaching, or attempting to violate or breach, any such term, covenant or condition, either to prevent such violation or breach by injunction or to recover damages for such violation or breach. A. Notice. The City may not initiate judicial action until the Owner has been given written notice of the violation, or threatened violation, of this CE & R and a reasonable opportunity to correct the situation. This paragraph shall not apply if, in the sole discretion of the City, immediate judicial action is necessary to prevent or mitigate significant damage to the Easement Areas or if reasonable, good faith efforts to notify the Owner are unsuccessful. B. Discretionary Enforcement. Enforcement of the terms of this CE & R is solely at the discretion of the City. The City does not waive or forfeit the right to take any action necessary to assure compliance with the terms of this CE & R by any delay or prior failure of the City in discovering a violation or initiating enforcement proceedings. C. Acts Beyond Owner's Control. The City may not bring any action against the Owner for any change to the Easement Areas resulting from causes beyond the Owner's control, such as changes caused by fire, flood, storm, natural 6