2007-073A/B (2) - Laserfiche WebLink

Home Browse Search

BK: 2182 PG: 119 16. Enforcement. a. If Grantee determines that a violation of this Conservation Easement has occurred, Grantee shall notify Grantor in writing, setting forth with particularity the violation and give Grantor forty-five (45) days to cure the violation; provided, however, that the Grantor shall not be deemed to be in violation with respect to matters that cannot reasonably be cured within forty-five (45) days so long as within such forty-five (45) day period, the Grantor provides a reasonable plan to Grantee to cure the violation, and thereafter timely commences such cure and diligently proceeds to complete the same thereafter. Notwithstanding the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair this Conservation Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary, through temporary, permanent, or mandatory injunction. b. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (1) Money damages, including damages for the loss of the resources protected under the Conservation Easement; and (2) restoration of the Property to its condition existing prior to such violation at the sole cost of Grantor, provided changes in condition are not caused by Acts of God. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. The remedies will include Grantee's right to levy and execute on any Court awarded damages to sell Grantor's encumbered fee simple interest at public sale. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all expenses incurred by Grantor in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. In any case where a court finds no violation has occurred, Grantee shall reimburse Grantor for the same. 17. Transfer of Conservation Easement. Without the approval of Grantor, Grantee shall have the right to transfer this Conservation Easement to any private non-governmental organization or public agency that, at the time of transfer is a "qualified organization" under Section 170(h) of the Internal Revenue Code of 1986, as amended, provided the transferee expressly agrees to assume the responsibility imposed on Grantee by this Conservation Easement. 18. Transfer of Property. Except for the five (5) acres set forth in Paragraph 8 (e), any subsequent conveyance, including, without limitation, transfer, lease or mortgage of Parcels of the Property, shall be subject to this Conservation Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease, mortgage, easement, etc.} is subject to a Conservation Easement which runs with the land and which was granted to Indian River County by instrument dated -s -Zoog and recorded in the office of the Clerk of Indian I1