09.03 - Acceptance of Land Donation - Mayo Lake

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.._.. � • , declr�ratozy relief and to reeover darnages resulting from a violation of tliis Easement or injury to any Conservation Values protected by this �asement, These remedies are cumula�ive and ara available without requiring the Trust to prave aclual damage to i;he Conseivation VaIues p�rotectad by ihis Easement. The Trust and the Owner also recngnize that restoration, regardless of cost, may be tk�e anly adeqtsate ramed� for certain violations of this Easement. Tlie Ttust is enkit�ed to seek expadited relie� ex parte if necessary, and shall �not be requixed tn post any Uond applicable to a petition for such relief, Costs of Enfarcernent. The Owner shali be responsible £�r all reasonable costs incurrad by the Ti�ust in enforcing this Basernent, including without lixrucation costs of suit, attorneys' fees, �nd expenses relAted to rest�ration of the Pmtocted Property, Tf, however, the Owner uEtirnately prev�ils in a judioial enforcement action, each party sk�all be respansible fo� its own costs and atEorneys' fees. d, l�iscretionary Enfarcernent. Enf4rcement of the terrns of this Easement is solely at the discreCian of the Trust. Th8 Trust does not w�ive ar farfeit the right to taLca any action necessary to assuxe compliance with the tez�ms af tlzis �ASement by any� de�ay ar prior faflure Qf tha Tn�st in discovering a violation �-- or inxtiating enforcement proceedings, �, ,A.cts Beyond Owner's Cont�•ol. The Tz�ust may not b�ing �.ny aetion against tho 4wnet� for any change to tb.e Fro�eoted Froperty iesulting from cat�ses beyond the Owlier's control, such as ck�an�es cGused by fire, flaod, sto�m, natural deteriocation ar Yhe unauthorized acts of persons other than the Owner or the Owner's agent�, employees or contractnrs or resultin� ftom retisonabte actions taken in good faith under emergen.cy conditions to prevent ur mitiga#a daznage resul�ing frorn suali causes. £ Right to Report. In addition to other remedies, the Trust has the right to report a�ay environmental conc�rns or conditions or any actual or gotential violatfons of any environmenta� iaws to appropriate regulatory agencies, A�.3 , Si�ns. '£he Trcrst tias the right to place on the Pr�tected Pro�erty si��s t�at identify the land as protected by this Easement, �'he number a►id locarion af any si$ns are subject tq the Owner's approval, �F,4. T.imi#aiion on Ri�hes, Nothin� in this Easernent gives tha Tz�ust tha rigl�t or aUility to �xercise physical control over day-to-d�ay operations on the Protected Pioperty or to becorne involved in rnana�ement decisions involvin� tbo use, handling or disposal of hazac'dous substances or to otEierwise become an operator of tlze �