DCPREZ-0000-06972 - Laserfiche WebLink

Home Browse Search

4. RIGHTS OF THE GRANTEES. To accomplish the purpose of this Grant, the following rights are conveyed to both Grantees by this Grant: (a) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Grant; provided that such entry shall be upon prior reasonable notice to Grantor, and shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and (b) To prevent any activity on or use of the Property that is inconsistent with the purpose of this Grant and to require, at Grantor's sole expense, the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use, pursuant to Paragraph 6. 5. GRANTEES' APPROVAL. Where the Town's approval is required, or where approval of both Grantees is required, such approval shall be given in writing within 90 days of receipt of Grantor's written request therefor. Such request shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit such Grantee to make an informed judgment as to its consistency with the purpose of this Grant. Such approval may be withheld only upon a reasonable determination that the action as proposed would be inconsistent with the purpose of or would otherwise violate any provision of this Grant. 6. ENFORCEMENT OF THE RESTRICTIONS. If either Grantee determines that Grantor is in violation of the terms of this Grant or that a violation is threatened, written notice of such violation or threatened violation shall be given to Grantor advising Grantor of the nature and extent of the violation or threatened violation and demanding corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Grant, to restore the portion of the Property so injured. If Grantor fails to cure the violation within 45 days after receipt of such notice, or under circumstances where the violation cannot reasonably be cured within a 45 day period, fails to begin curing such violation within the 45 day period, or fails to continue diligently to cure such violation until finally cured, the affected Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Grant, to 'enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Grant, or injury to any conservation values protected by this Grant, including damages for the loss of scenic, aesthetic, or environmental values, and to require the restoration of the Property to the condition that existed prior to any such injury. Without limiting Grantor's liability therefor, such Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. If Grantee determines that H:\W I P\1126\155\EAS EMEN2.MPD 0415971138 7