Laserfiche WebLink
study, and other similar low impact recreational and educational programs or <br />activities by the Owner or the City. Minor and temporary rustic structures such as <br />tents, may be placed on the Protected Property in conjunction with these <br />activities. The Protected Property may not be used for more than minimal <br />commercial recreational purposes. <br /> <br />3.5. <br /> <br />Habitat. The Protected Property may be used to maintain, restore or enhance <br />habitat for wildlife and native biological communities in accordance with a <br />management plan approved by the City in writing. <br /> <br />CITY'S RIGHTS AND REMEDIES. In order to accomplish the purposes of this <br />Easement, the City has the following rights and remedies: <br /> <br />4. l. <br /> <br />Right to Enter. The City has the right to enter the Protected Property at all times <br />and for the following purposes: <br /> <br />a. To inspect the Protected Property and to monitor compliance with the terms of <br /> this Easement. <br /> <br />b. To obtain evidence for use in seeking judicial or other enforcement oftkis <br /> Easement. <br /> <br />Co <br /> <br />To survey or otherwise mark the boundaries of all or part of the Protected <br />Property if necessary to determine whether there has been or may be a <br />violation of this Easement. Any survey or boundary demarcation completed <br />under this provision will be at the City's expense. <br /> <br />d. To otherwise exercise its fights under this Easement. <br /> <br />Right of Enforcement. The City has the right tO prevent or remedy violations of <br />tlfis Easement through appropriate judicial action brought against the Owner or <br />other responsible party in any court of competent jurisdiction. <br /> <br />Notice. The City may not initiate judicial action until the Owner has been <br />given notice of the violation, or threatened violation, of this Easement and a <br />reasonable oppommity to correct the situation. This provision shall not apply <br />if, in the sole discretion of the City, immediate judicial action is necessary to <br />prevent or mitigate significant damage to the Protected Property or if <br />reasonable, good faith efforts to notify the Owner are unsuccessful. <br /> <br />Discretionary Enforcement. Enforcement of the terms of this Easement is <br />solely at the discretion of the City. The City does not waive or forfeit the <br />right to take any action necessary to assure compliance with the terms of this <br /> <br /> <br />