R-073-18 Approving an Amended and Restated Conservation Easement for the West Valley Habitat Conservation Plan in Favor of the Rivers and Lands Conservancy

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(b) To enter upon the Property at reasonable times in order to monitor compliance with and to otherwise enforce the terms of this Conservation Easement, and for scientific research, educational and interpretive purposes by Grantee or its designees, provided that Grantee shall not unreasonably interfere with Grantor's authorized use and quiet enjoyment of the Property; (c) To prevent any activity on or use of the Property that is inconsistent with the Purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use that is inconsistent with the Purposes of this Conservation Easement; (d) To require that all mineral, air and water rights currently owned by Grantor that are appurtenant to the Property as Grantee deems necessary to preserve, protect and sustain the biological resources and Conservation Values of the Property shall remain a part of and be put to beneficial use upon the Property consistent with the Purposes of this Conservation Easement; (e) All present and future development rights appurtenant to, allocated, implied, reserved or inherent in the Property; such rights are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Property, nor any other property adjacent or otherwise; and (f) The right to enforce by any means, including, without limitation, injunctive relief, the terms and conditions of this Conservation Easement. 3. Third -Party Beneficiary. Grantor and Grantee acknowledge that USFWS is a third -party beneficiary of this Conservation Easement with the right of access to the Property and the right to enforce all obligations of Grantor and all other rights and remedies of Grantee under this Conservation Easement. These enforcement rights are in addition to, and do not limit, the rights of enforcement under the Permit. Additionally, Grantor and Grantee acknowledge and agree that USFWS is expressly granted certain additional rights under this Conservation Easement including, but not limited to, prior written notice of certain specified actions and a right of approval of certain specified actions. 4. Prohibited Uses. Except (and only to the extent) the use or activity is a reserved right under Section 7, any activity on or use of the Property inconsistent with the Purposes of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following uses and activities by Grantor, Grantee, and their respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited on the Property except as otherwise provided herein or any easements and reservations of rights recorded in the chain of title to the Property at the time of this conveyance: (a) Use of herbicides, pesticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species as allowed in Sections 6 and 25 herein; (b) Incompatible fire protection activities. Permitted activities are set forth in Section 7(c); Conservation Easement 008 4 8522-050 — 1571042.1 23152.0631718786963.14 07/17/18 - Council Agenda Packet 216