DCPREZ-2014-10658 - Laserfiche WebLink

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(3) The terms,conditions,restrictions and purpose of this EASEMENT shall be referenced in any subsequent deed or other legal instrument by which the owners divest themselves of any interest in the COVERED LAND. (4) The HOLDERS shall be notified in writing of the name(s)and address(es)of any party to whom an interest in the COVERED LAND is granted,conveyed or otherwise transferred,at or prior to the time said transfer is executed. (5) No provision of this EASEMENT shall be construed as impairing the ability of the owners to use the premises as collateral for any subsequent loan,provided that any mortgage or lien arising from such a transaction must not be inconsistent with the terms of this EASEMENT,and must be subordinate to this EASEMENT. K. EASEMENT DOES NOT CREATE PUBLIC ACCESS RIGHT This EASEMENT AGREEMENT does not give the general public any right of access to any portion of the COVERED LAND,nor does it limit any right of public access that otherwise exists. L EASEMENT DOES NOT LIMIT LANDOWNER RESPONSIBILITIES Except as specifically provided in this EASEMENT AGREEMENT`. (1) This EASEMENT AGREEMENT does not relieve the GRANTORS,or any subsequent owners,occupiers or users of the COVERED LAND,from any responsibility or liability which they currently have or may subsequently incur in connection with the COVERED LAND. (2) The HOLDERS assume no responsibility for the use,management,control,operation,upkeep or maintenance of the COVERED LAND,and assume no liability for any action or omission related to the use,management,control,operation,upkeep or maintenance of the COVERED LAND. M. ENFORCING THE EASEMENT (1) Any or all of the HOLDERS,or their authorized agents,may do any of the following: (a) Upon reasonable prior notice and at reasonable times,enter onto the COVERED LAND to monitor compliance and collect evidence of noncompliance. (b) Issue notice of apparent EASEMENT violations to an alleged violator.The notice may include a demand for timely corrective action.A notice under this subsection is not a prerequisite to court action under sub.(c). (c) Initiatp action in court to enjoin an apparent violation of the EASEMENT.The action may include a request for an ex parte restraining order or temporary injunction,as circumstances may warrant.The court may enjoin the violation,require appropriate corrective action,award costs,and grant any other relief to which the HOLDERS may be entitled (2) No failure on the part of any HOLDER to enforce any term of this EASEMENT shall discharge or invalidate the term or any other provision of the EASEMENT or affect the rights of the HOLDERS to enforce the EASEMENT in the event of a subsequent breach or default. (3) The condition of the COVERED LAND is further documented in an inventory of relevant features and characteristics. A copy of this inventory is on file at the office of the HOLDERS,and is incorporated by this reference. This baseline documentation consists of reports,maps,photographs,and other documentation that the GRANTORS and HOLDERS agree provides an accurate representation of the condition of the COVERED LAND at the time of this EASEMENT AGREEMENT and which is intended to serve as an objective,but not exclusive,information baseline for monitoring compliance with this EASEMENT. The GRANTORS and HOLDERS agree,for themselves,their successors and assigns,that this EASEMENT along with the baseline documentation and inventory of relevant features may be introduced in any enforcement proceeding as the stipulation of the parties hereto. N. AMENDING THE EASEMENT (1) The terms of the EASEMENT may be amended with the written consent of all of the HOLDERS and all of the persons who own the COVERED LAND at the time of the amendment.An amendment under this subsection does not include an amendment that extinguishes the EASEMENT