AgdaPkt 2003-03-24 - Laserfiche WebLink

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- ( o. L e -/ WHEREAS, Special Conditions II.B. La. to the permit provide that the permittee must dedicate or otherwise permanently restrict certain real property more specifically described in Exhibit C to this agreement, which is attached and incorporated by reference into this agreement, for public access purposes. NOW, THEREFORE, in consideration of the issuance of the development permit by the Commission and of the benefit conferred thereby on the subject property, the permittees, on behalf of themselves, their heirs, successors and assigns, hereby covenant and agree with the Commission, its successors and assigns that the portion of property more particularly described in Exhibit C, which is attached and incorporated by reference, shall be held open to the public in perpetuity for public access purposes, including but not limited to walking, viewing, sitting, fishing, picnicking, and other related purposes, and that the restriction shall be attached to and become a part of the deed of the property. FURTHER, the permittees acknowledges that any violation of this deed restriction will constitute a violation of the McAteer- Petris Act and of Permit No. 3 -01, and, in addition to any other remedies provided by law, will subject the permittee or any other person violating the deed restriction to suit as provided by the McAteer - Petris Act. IT IS FURTHER RECOGNIZED that this agreement and deed restriction is a covenant running with the land in perpetuity and shall bind the permittees, their heirs, successors, and assigns. The permittee further agrees that the permittee shall insert the restriction herein described in any subsequent deed or other legal instrument by which they divests themselves of either the fee simple title to or of their possessory interest in the subject property or some portion thereof. In witness thereof, the parties hereto have duly executed this agreement.