2006-02-22 CC Packet - Laserfiche WebLink

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a) Water Ponding, Flowage and Drainage Easement (Exhibit B) b) Public Raw Water Conduit Easement (Exhibit C) 4.02 Buyer agrees that the above covenants shall be recorded with the Property Deed. 4.03 In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without the need for a bond or security, and that specific 'performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. 4.04 In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. 4.05 In the event Seller abandons its Centerville Lake pumping station (situated adjacent to the Property and disclosed in Section 16.01), Seller agrees it shall, without further compensation, vacate and release the Easements it holds on the Property, as set forth in Exhibits Band C of this Agreement. SECTION 5 - ACCESS TO EASEMENTS All easements retained by the Seller in Section 4 herein shall allow the Seller full access to all parts of such easements for the purpose of operation, maintenance and repair and/or reconstruction of the easement areas or facilities located therein. Such access shall include access by the Seller and its officers, agents and employees across the Property and retained easement areas at all times. SECTION 6 - CLOSING 6.01 Unless otherwise extended by the provisions of this Agreement, the closing of this transaction ("Closing") shall be held at a time that is mutually agreeable to Seller and Buyer; provided that the Closing shall be no later than 6.02 Buyer shall have the right to purchase the Property any time prior to and including . To exercise this right, Buyer shall give Seller sixty (60) days written notice thereof. Unless otherwise extended by the provisions of this Agreement, the Closing shall take place not later than sixty (60) days after the date of said written notice. H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_ParceI2-v1.doc 21M