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restoration of the Easement Area to the condition and appearance that existed prior to the <br />violation complained of. The City shall also have available all legal and other equitable <br />remedies to enforce owner's obligations hereunder. Enforcement remedies shall comply <br />with the following conditions: <br />A. Notice. The City may not initiate judicial action until the Owner has been <br />given notice of the violation, or threatened violation, and a reasonable <br />opportunity to correct the violation. This provision shall not apply if, in the <br />sole discretion of the City, immediate judicial action is necessary to prevent or <br />mitigate significant damage to the Easement Areas or if reasonable, good faith <br />efforts to notify the Owner are unsuccessful. <br />B. Discretionary Enforcement. Enforcement of the terms of this CTE R 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 />CTE R by any delay or prior failure of the City in discovering a violation or <br />initiating enforcement proceedings. <br />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 <br />the 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 <br />any environmental concerns or conditions or any actual or potential violations <br />of any environmental laws to appropriate regulatory agencies. <br />6. Limited Assignment. The City's rights under this CTE R may be assigned or <br />transferred only to a conservation organization which is a qualified organization under Section <br />170(h) of the Internal Revenue Code and related regulations and which is authorized to hold <br />conservation easements under Minnesota law. <br />As a condition of any assignment or transfer, the City shall require any future holder of this GTE <br />R to continue to carry out the Conservation Values of this GTE R in perpetuity. <br />The City will notify the Owner of any assignment within fifteen (15) days of the assignment and <br />will provide the Owner with the name and address of the assignee. <br />7. Amendment. Under appropriate circumstances, this GTE R may be amended <br />upon agreement of Owner and City. However, no amendment will be allowed if, in the sole and <br />exclusive judgment of the City, it (i) does not further the Purpose, G11O will adversely impact the <br />7 <br />