DCPZP-2016-00601 - Laserfiche WebLink

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b. Remedies. Remedies available to the County in enforcing this Easement include temporary or permanent injunctive relief for any violation or threatened violation of the Easement, the right to require restoration of the Property to its condition at the time of conveyance of this Easement, specific performance or declaratory relief, and recovery of damages resulting from a violation of the Easement or injury to any of the Conservation Values of the Property. The restoration requirement shall not be construed to terminate any rights reserved by the Landowner under this Easement or to release the Landowner from any additional restoration obligations that may be required under the Easement. Without limiting the Landowner's liability, the County, in its discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. These remedies are cumulative and are available without requiring the County to prove an adverse impact to the Conservation Values protected by the Easement. The Landowner and County recognize that restoration, regardless of cost, may be the only adequate remedy for certain violations of this Easement. The County is entitled to seek expedited relief, ex parte if necessary, and shall not be required to post any bond applicable to a petition for such relief. c. Non-Waiver. The County does not waive or forfeit the right to take any action necessary to assure compliance with the terms of this Easement by any delay or prior failure of the County to discover a violation or initiate enforcement proceedings. d. Costs of Enforcement. Any costs incurred by County in enforcing the terms of this Easement against Landowner, including, without limitation,costs of suit and attorneys' fees, and any costs of restoration necessitated by Landowner's violation of the terms of this Easement shall be borne by Landowner. If Landowner prevails in whole in any action brought by County to enforce the terms of this Easement, Landowner's costs of suit, including, without limitation, attorneys' fees, shall be borne by County in the legal action against Landowner. e. Waiver of Certain Defenses. The Landowner hereby waives any defense of laches (such as a failure by the County to enforce any term of the Easement) or estoppel (such as a contradictory statement or action on the part of the County). f. Acts Beyond Landowner's Control. The County may not bring any action against the Landowner for any injury to or change in the Property resulting from causes beyond the Landowner's control, including, but not limited to, natural disasters such as fire, flood, storm, natural earth movement and natural deterioration, or prudent actions taken by the Landowner under emergency conditions to prevent or mitigate damage from such causes, provided that the Landowner notifies the County of any occurrence that has adversely impacted or interfered with the Purpose of the Easement, pursuant to Paragraph 5.3. g. Right to Report. In addition to other remedies, the County has the right to report any environmental concerns or conditions or any actual or potential violations of any environmental laws to appropriate regulatory agencies. 5. Notices and Approvals. 5.1 Notice of Landowner's Intention to Undertake Reserved Rights. Although the Landowner does not need to obtain approval from the County to exercise reserved rights, unless specifically required to do so in this Easement, the Landowner agrees to notify the County in writing before 8