#06 - Cardinal Ridge Watermain Alternatives

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determines that immediate action is needed to prevent or mitigate significant damage to the Protected Land, the City may pursue its remedies under this Paragraph without written notice or giving Owner time to cure the breach. 20. Costs of Enforcement. If the City prevails in an action brought under Paragraph 19, Owner shall reimburse the City for all costs incurred by the City in enforcing the terms of this Open Space Easement including, without limitation, costs of suit, reasonable attorney's fees, and costs ofrestoration. If Owner prevails and the District Court finds that the City brought the action without reasonable cause or in bad faith, the City, as determined by the Court, shall reimburse Owner's costs of defense including, without limitation, costs of suit and reasonable attorney's fees. 21. Waiver. The enforcement of the terms of this Open Space Easement is subject to the City's discretion. A decision by the City not to exercise their respective rights of enforcement in the event of a breach of a term of this Open Space Easement shall not constitute a waiver by the City of such term, or of any subsequent breach of the same or any other term, or any of the City's rights under this Open Space Easement. The delay or omission by the City to discover a breach by Owner or to exercise a right of enforcement as to such breach shall not impair or waive its rights of enforcement against Owner. 22. Acts Beyond Owner's Control. The City shall not exercise their respective rights of enforcement against Owner for injury or alteration to the Protected Land resulting from causes beyond the reasonable control of Owner including, without limitation, fire , flood, storm, and earth movement, or from any prudent action taken by Owner under emergency conditions to prevent, abate, or mitigate significant injury or alteration to the Protected Land resulting from such causes. 23. Extinz:uishment. If, in the judgment of the City, subsequent unexpected changes in the conditions surroun<iing the Protected Land make it impossible to preserve and protect the Conservation Values of the Protected Land, this Open Space Easement can be extinguished, either in full or in part by proceedings in a court having jurisdiction. 24. Assienment of Easement. The City may transfer its rights and obligations in this Open Space Easement only to a qualified conservation organization, as provided in Section l 70(h) of the Internal Revenue Code, which may hold Open Space Easements, as provided in Minnesota Statutes Sec. 84C.01(2) (1992). As a condition of such transfer, the City shall require the continued enforcement of this Open Space Easement unless the Open Space Easement has been extinguished. 7