Fillable Grant Deed Form - Conservation Easement (Page 3 of 4) in pdf

If at any time in the future Grantor or any subsequent transferee uses or threatens to use, such lands deemed to contain sensitive biological resources or lands

that have been accepted as mitigation, for purposes inconsistent with this Conservation Easement, notwithstanding Government Code Section 65875, the City,

the U.S. Fish and Wildlife Service, and the California Department of Fish and Game jointly and severally have standing as interested parties in any proceeding.

6.1

Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against

Grantor, including, but not limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the

terms of this Conservation easement shall be borne by Grantor.

6.2

Grantee's Discretion. Enforcement of the terms of this Conservation Easement by Grantee shall be at the discretion

of Grantee, and any forbearance by Grantee to exercise its rights under this Conservation easement in the event of any breach of any term of this

Conservation easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any

other term of this Conservation Easement or of any of Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise of

any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver.

6.3

Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle

Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without

limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate

significant injury to the Property resulting from such causes.

6.4

Department of Fish and Game Right of Enforcement. All rights and remedies conveyed to Grantee under this

Conservation Easement Deed shall extend to and are enforceable by the California Department of Fish and Game when the Property either (1) contains

sensitive biological resources, or (2) is land that has been accepted as mitigation.

6.5

U.S. Fish and Wildlife Service Right of Enforcement. All rights and remedies conveyed to Grantee under this

Conservation Easement Deed shall extend to and are enforceable by the U.S. Fish and Wildlife Service when the Property either (1) contains sensitive

biological resources, or (2) is land that has been accepted as mitigation.

Access. This Conservation Easement does not convey a general right of access to the public.

Costs and Liabilities.

Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the

ownership, operation, upkeep, and maintenance of the Property.

8.1

Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied

on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this

Conservation Easement, and shall furnish Grantee with satisfactory evidence of payment upon request.

8.2

Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its, directors, officers, employees,

agents, contractors, and representatives (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses,

causes of action, claims, demands, or judgments, including without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury

to or the death of any person, or physical damages to any property, resulting from any act, omission, condition, or other matter related to or occurring on or

about the Property, regardless of cause, unless due to the negligence of any of the Indemnified Parties; (2) the obligations specified in Sections 4, 8, and 8.1;

and (3) the existence or administration of this Conservation easement.

Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal

instrument by which Grantor divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor further

agrees to give written notice to Grantee of the intent to transfer of any interest at least fifteen (15) days prior to the date of such transfer. Grantee shall have

the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions

and restrictions of this Conservation Easement. The failure of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this

Conservation Easement or limit its enforceability in any way.

10.

Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the

other shall be in writing and be served personally or sent by first class mail, postage prepaid, addressed as follows:

To Grantor:

___________________________________________________

To Grantee:

City of San Diego

Mayor

Reset Page 3

202 C Street

San Diego, CA 92101

Or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal

delivery or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail.

11.

Release of Covenant. A hearing shall be held to consider any formal, written request directed to the City by any person

requesting the release of this Conservation Easement, whether or not that person has title to the real property involved. The City shall record the release of

this Conservation easement when it is determined that the restriction ensured by the Conservation easement is no longer necessary to achieve the land use

goals of the City. In any instance where the Conservation Easement concerns sensitive biological resources, a determination by the City to release the

Conservation Easement may be made only with the written concurrence of the U.S. Fish and Wildlife Service and the California Department of Fish and Game.

12.

Amendment. This Conservation Easement may be amended by Grantor and Grantee by mutual written agreement and where

the Conservation Easement concerns sensitive biological resources, with the written concurrence of the U.S. Fish and Wildlife Service and the California

Department of Fish and Game. Any such amendment shall be consistent with the purpose of this Conservation Easement and, except as provided in Section

11, shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, State of California.