Resolution 2001-54 - Laserfiche WebLink

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Bouldsr County Clerk, CO I~¢E R 0.00 222474! Page: 8 of '16 11/29/2001 01:31P D 9.00 Enforcement. Notwithstanding anything set forth below, when, in either the Board's or Grantee's opinion, an ongoing or imminent violation could irreversibly diminish or impair the Conservation Values of the Property, either the Board or the Grantee may, in their sole and absolute discretion, take appropriate legal action. For purposes of this paragraph, the Board and Grantee may hereafter be collectively referred to as "Reviewer." The Board and Grantee, either individually or collectively, shall have the right to enter the Property for the purpose of inspecting for violations. The Board and Grantee, either individually or collectively, shall have the right to prevent, correct or require correction of violations of the terms and provisions of the Conservation Easement and this Amendment. If Reviewer finds what it believes is a violation, either the Board or Grantee shall immediately notify Grantor in writing of the nature of the alleged violation. Upon receipt of this written notice, Grantor shall either (a) restore the Property to its condition prior to the violation; or (b) provide a written explanation to Reviewer of the reason'why the alleged violation should be permitted. If the condition described in clause (b) above occurs, the parties agree to meet as soon as possible to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, the parties may meet with a mutually acceptable mediator to attempt to resolve the dispute. Grantor shall discontinue any activity which could increase or expand the alleged violation during the mediation process. Should mediation fail to resolve the dispute, the Reviewer may, in its sole, and absolute discretion, take appropriate legal action. If a court with jurisdiction determines that a violation is imminent, exists, or has occurred, the Reviewer may get an injunction to stop it, temporarily or permanently. A court may also issue an injunction to require Grantor to restore the Property to its condition prior to the violation. In any case where a court finds that a violation has occurred, Grantor shall reimburse Reviewer for all fees and expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. In any case where a court fails to find that a violation has occurred, Reviewer shall reimburse Grantor for all fees and expenses incurred to litigating such dispute, including, but not limited to, reasonable attorneys' fees. Grantor shall not be liable for acts of third parties over whom Grantor has no supervision obligation or reasonable control. H. Except as amended as provided herein, all of the terms and conditions of the Conservation Easement shall remain in full force and effect. In the event of any inconsistency between the terms of the original conservation easement and this Amendment, the terms of this Amendment shall control.