Agenda - Council - 05/14/2019 - Laserfiche WebLink

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A. Notice. The City may not initiate judicial action until the Owner has been given notice of the violation, or threatened violation, and a reasonable opportunity to correct the violation. This provision 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 CTE & 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 CTE & 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 deterioration or the unauthorized acts of persons other than the Owner or the Owner's agents, employees or contractors or resulting from reasonable actions taken in good faith under emergency conditions to prevent or mitigate damage resulting from such causes. D. Right to Report. In addition to other remedies, the City has the right to report any environmental concerns or conditions or any actual or potential violations of any environmental laws to appropriate regulatory agencies. 6. Limited Assignment. The City's rights under this CTE & R may be assigned or transferred only to a conservation organization which is a qualified organization under Section 170(h) of the Internal Revenue Code and related regulations and which is authorized to hold conservation easements under Minnesota law. As a condition of any assignment or transfer, the City shall require any future holder of this CTE & R to continue to carry out the Conservation Values of this CTE & R in perpetuity. The City will notify the Owner of any assignment within fifteen (15) days of the assignment and will provide the Owner with the name and address of the assignee. 7. Amendment. Under appropriate circumstances, this CTE & R may be amended upon agreement of Owner and City. However, no amendment will be allowed if, in the sole and exclusive judgment of the City, it (i) does not further the Purpose, (ii) will adversely impact the 7