Common use of Prohibited Uses and Practices Clause in Contracts

Prohibited Uses and Practices. The following uses and practices are inconsistent with the purpose of this Easement and shall be prohibited upon or within the Protected Property, except to the extent permitted by Paragraph 4 hereof: (a) Any commercial, industrial or residential uses of the Protected Property, except as expressly permitted herein. (b) The division or subdivision of the Protected Property. (c) The construction, erection, maintenance or replacement of any buildings, roads, roadways, signs (other than informational or directional signs), billboards, satellite dishes, fences, docks or other structures or improvements of any kind or nature whatsoever on or over the Protected Property except solely the Permitted Improvements (as defined in subparagraph 4(a) hereof). (d) The dumping or storage of ashes, trash, waste, garbage and sawdust on any portion of the Protected Property, except such storage of the aforementioned material as may be normally and reasonably incidental to uses permitted hereunder. No chemical wastes or other hazardous waste materials may be dumped or stored on the Protected Property. SAMPLE LANGUAGE (e) Dredging, mining, excavation, filling or other use of the Protected Property, which is detrimental to drainage, water quality, flood control or the fish and wildlife attributes of the Protected Property; subject, however, to Grantor's right to build, install, maintain, repair and replace the Permitted Improvements in accordance with the provisions hereof and all applicable laws and governmental regulations. SUBJECT TO CHANGE (f) Disturbances of the Protected Property's surface topography, including but not limited to filling, excavation, grading, removal of topsoil, sand, gravel, rocks or minerals, or changing of the topography of the land in any manner except as may be reasonably necessary for the construction, erection, installation, maintenance or replacement of any of the Permitted Improvements in accordance with the terms hereof or as may be normally and reasonably incidental to any of the uses of the Protected Property expressly permitted hereby. (g) The use of toxic chemicals, including, without limitation, pesticides and herbicides, on the Protected Property, except in connection with interior operation and maintenance of the Permitted Improvements or as permitted by the Office of Parks, Recreation and Historic Preservation ("OPRHP") and the Department of Environmental Conservation ("DEC") or any other governmental agency having jurisdiction over the Protected Property and in accordance with all applicable governmental laws and regulations. (h) Except as may be required for emergency purposes or for necessary management actions of Grantee or Grantor or for the construction and maintenance of the Permitted Improvements, the use of off-road motorized vehicles other than on the roads on the Protected Property, including, without limitation, automobiles, all-terrain vehicles and motorcycles.

Prohibited Uses and Practices. The following uses and practices are inconsistent with the purpose of this Easement and shall be prohibited upon or within the Protected Property, except to the extent permitted by Paragraph 4 hereof: (a) Any commercial, industrial or residential uses of the Protected Property, except as expressly permitted herein. (b) The division or subdivision of the Protected Property. (c) The construction, erection, maintenance or replacement of any buildings, roads, roadways, signs (other than informational or directional signs), billboards, satellite dishes, fences, docks or other structures or improvements of any kind or nature whatsoever on or over the Protected Property except solely the Permitted Improvements (as defined in subparagraph 4(a) hereof).. SAMPLE LANGUAGE (d) The dumping or storage of ashes, trash, waste, garbage and sawdust on any portion of the Protected Property, except such storage of the aforementioned material as may be normally and reasonably incidental to uses permitted hereunder. No chemical wastes or other hazardous waste materials may be dumped or stored on the Protected Property. SAMPLE LANGUAGESUBJECT TO CHANGE (e) Dredging, mining, excavation, filling or other use of the Protected Property, which is detrimental to drainage, water quality, flood control or the fish and wildlife attributes of the Protected Property; subject, however, to Grantor's right to build, install, maintain, repair and replace the Permitted Improvements in accordance with the provisions hereof and all applicable laws and governmental regulations. SUBJECT TO CHANGE. (f) Disturbances of the Protected Property's surface topography, including but not limited to filling, excavation, grading, removal of topsoil, sand, gravel, rocks or minerals, or changing of the topography of the land in any manner except as may be reasonably necessary for the construction, erection, installation, maintenance or replacement of any of the Permitted Improvements in accordance with the terms hereof or as may be normally and reasonably incidental to any of the uses of the Protected Property expressly permitted hereby. (g) The use of toxic chemicals, including, without limitation, pesticides and herbicides, on the Protected Property, except in connection with interior operation and maintenance of the Permitted Improvements or as permitted by the Office of Parks, Recreation and Historic Preservation ("OPRHP") and the Department of Environmental Conservation ("DEC") or any other governmental agency having jurisdiction over the Protected Property and in accordance with all applicable governmental laws and regulations. (h) Except as may be required for emergency purposes or for necessary management actions of Grantee or Grantor or for the construction and maintenance of the Permitted Improvements, the use of off-road motorized vehicles other than on the roads on the Protected Property, including, without limitation, automobiles, all-terrain vehicles and motorcycles.

Prohibited Uses and Practices. The following uses and practices are inconsistent with the purpose of this Easement and shall be prohibited upon or within the Protected Property, except to the extent permitted by Paragraph 4 hereof: (a) Any commercial, industrial or residential uses of the Protected Property, except as expressly permitted herein. (b) The division or subdivision of the Protected Property. (c) The construction, erection, maintenance or replacement of any buildings, roads, roadways, signs (other than informational or directional signs), billboards, satellite dishes, fences, docks or other structures or improvements of any kind or nature whatsoever on or over the Protected Property except solely the Permitted Improvements (as defined in subparagraph 4(a) hereof). (d) The dumping or storage of ashes, trash, waste, garbage and sawdust on any portion of the Protected Property, except such storage of the aforementioned material as may be normally and reasonably incidental to uses permitted hereunder. No chemical wastes or other hazardous waste materials may be dumped or stored on the Protected Property. SAMPLE LANGUAGE. (e) Dredging, mining, excavation, filling or other use of the Protected Property, which is detrimental to drainage, water quality, flood control or the fish and wildlife attributes of the Protected Property; subject, however, to Grantor's right to build, install, maintain, repair and replace the Permitted Improvements in accordance with the provisions hereof and all applicable laws and governmental regulations. SUBJECT TO CHANGE. (f) Disturbances of the Protected Property's surface topography, including but not limited to filling, excavation, grading, removal of topsoil, sand, gravel, rocks or minerals, or changing of the topography of the land in any manner except as may be reasonably necessary for the construction, erection, installation, maintenance or replacement of any of the Permitted Improvements in accordance with the terms hereof or as may be normally and reasonably incidental to any of the uses of the Protected Property expressly permitted hereby. (g) The use of toxic chemicals, including, without limitation, pesticides and herbicides, on the Protected Property, except in connection with interior operation and maintenance of the Permitted Improvements or as permitted by the Office of Parks, Recreation and Historic Preservation ("OPRHP") and the Department of Environmental Conservation ("DEC") or any other governmental agency having jurisdiction over the Protected Property and in accordance with all applicable governmental laws and regulations. (h) Except as may be required for emergency purposes or for necessary management actions of Grantee or Grantor or for the construction and maintenance of the Permitted Improvements, the use of off-road motorized vehicles other than on the roads on the Protected Property, including, without limitation, automobiles, all-terrain vehicles and motorcycles.

Prohibited Uses and Practices. The following uses and practices are inconsistent with the purpose purposes of this Easement and shall be prohibited upon or within the Protected Property unless otherwise approved by the governing bodies of the County of Boulder and the City of Longmont, adopted master/management plans or subsequent planning efforts. 3.1. Use of the Property in a manner inconsistent with the purposes stated herein. 3.2. The change, disturbance, alteration, or impairment of the Conservation Values of the Property, except as otherwise provided herein. 3.3. Any use not expressly permitted by the applicable zoning regulations for the Property, as well as those uses which are otherwise consistent with the applicable zoning regulations as they apply to the extent Property, but which are not specifically permitted by Paragraph 4 hereof:this Easement. Except for open agriculture and open space uses, all other uses are specifically prohibited including, but not limited to, industrial, commercial and residential uses. (a) Any commercial3.4. The construction, industrial placing, or residential erection of any billboards, or any signs, except those needed for the uses permitted herein. 3.5. The construction of any structures or development of the Protected Property is prohibited, except as otherwise allowed above and except for infrastructure required for the use and protection of the Property’s water resources. No residential structures shall be allowed on the Property, even if used in association with agriculture or if otherwise allowable under city or county land use regulations. 3.6. The dumping, accumulation or storage of ash, trash, junk, rubbish, sawdust, garbage, chemicals, or other unsightly or offensive material, or changing of the topography through dredging or filling, or the placing of soil or other substances, material, or landfill on the Property, except as expressly permitted herein. (b) 3.7. The division mining or subdivision extraction by either Party of the Protected Property. (c) The constructiongeothermal resources, erection, maintenance or replacement of any buildings, roads, roadways, signs (other than informational or directional signs), billboards, satellite dishes, fences, docks or other structures or improvements of any kind or nature whatsoever on or over the Protected Property except solely the Permitted Improvements (as defined in subparagraph 4(a) hereof). (d) The dumping or storage of ashes, trash, waste, garbage and sawdust on any portion of the Protected Property, except such storage of the aforementioned material as may be normally and reasonably incidental to uses permitted hereunder. No chemical wastes or other hazardous waste materials may be dumped or stored on the Protected Property. SAMPLE LANGUAGE (e) Dredging, mining, excavation, filling or other use of the Protected Property, which is detrimental to drainage, water quality, flood control or the fish and wildlife attributes of the Protected Property; subject, however, to Grantor's right to build, install, maintain, repair and replace the Permitted Improvements in accordance with the provisions hereof and all applicable laws and governmental regulations. SUBJECT TO CHANGE (f) Disturbances of the Protected Property's surface topography, including but not limited to filling, excavation, grading, removal of topsoilsoil, sand, gravel, rocks or mineralsrock, or changing of the topography of the land in any manner except as may be reasonably necessary for the constructionoil, erectionnatural gas, installationfuel, maintenance or replacement of any of the Permitted Improvements in accordance with the terms hereof or as may be normally and reasonably incidental to any of the uses of the Protected Property expressly permitted hereby. (g) The use of toxic chemicals, including, without limitation, pesticides and herbicides, on the Protected Property, except in connection with interior operation and maintenance of the Permitted Improvements or as permitted by the Office of Parks, Recreation and Historic Preservation ("OPRHP") and the Department of Environmental Conservation ("DEC") other hydrocarbons or any other governmental agency having jurisdiction over mineral substance shall be prohibited upon, within, or beneath the Protected Property and in accordance with all applicable governmental laws and regulationsProperty. (h) Except as may be required for emergency purposes or for necessary management actions of Grantee or Grantor or for the construction and maintenance 3.8. Any division of the Permitted ImprovementsProperty (whether or not a subdivision as defined by state law, and whether or not the use division is legal or physical) without the express written consent of off-road motorized vehicles other than on County. The Property shall be held as one unit and, without the roads on express written consent of County, or by operation of law, City may not convey any portion of the Protected Property as said conveyance would constitute an impermissible division of the Property under this Easement. If County does approve a division of the Property, includingor a division occurs by operation of law, without limitation, automobiles, all-terrain vehicles all terms of this Easement shall attach to the land and motorcyclesshall survive any division.