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<br /> without regard to the Contract. Under no circumstances shall any of the subject property be
<br /> removed from the provisions of the Contract that is not actually taken or Jcquircd, except as
<br /> otherwise provided in the Contract.
<br /> In the event a condemantion suit n abandoned in chole or in part or if funds are nut provided '
<br /> to acquire the property in lieu of condemnation, Owner agrees to execute a new agreement for all
<br /> of the property to hove been taken or acquired idunttcal to the Contract in effect at the time
<br /> suit was filed or on the date the land was to have h en acquireJ; ,provided, however, if a notice
<br /> of nonrenewal had been ,liven h) either party prior to the fliM ng'of suit or tht date the property
<br /> was to hate been acgatred, owner agrees to execute such a Contract for a term of as long asthe '
<br /> Contract would have reaa•nrd in effect had the cundemnation suit or acquisition never take place.
<br /> i
<br /> i(t It is Agreed that the considviation for the execution of the Contract is the substantial public
<br /> benefit to be derived by County from the preservation of land in agricultural or compatible
<br /> ase, and the adtantage which will accrue to Owner as a result Of the effect on the method of
<br /> dclermini:ig the assessed v.iluv of the subject property and any reduction thereto dor to the im.
<br /> i•ositiuu of limitations on its use tWt forth in the Contract. County and Owner shall not receive
<br /> any pavmvnt in.consederatinn of the obligations imposed heroin,
<br /> i
<br /> ,. , •ntrl.t ,ha:. :wt with •'y laid dc,,nbc,l ncryu, i..:, litl,on, to .ill pirccls •
<br /> I :,c.itva therttrom, and +h.il: he binding upon the heir,, ,u;cvs+)rs and assigns of uwner.
<br /> file Lontract %hall he trin,tcrrud from County to .i sv:.c.•Jini; • tty •r a county acquiring
<br /> ruris•ln:than ov,•r all yr int portion of subyc;t proptrty. :f i ,it) acquires jufcsdi+tiun
<br /> .nil or .i rorti,an rf the %ubject propertyb) Jntwititiu•o :r-cccdings, time city ,hall
<br /> snckccJ to all right,, autiys and n.wcrD of county uiJcr th1• ,••niract; prucidcd, nowevvi,
<br /> that it the sublu.t property or a portion !ee•rcut .1% w1'!,I11 any mile of the .et)' at the
<br /> time the Contrast was initially cxceuteJ and the _ity sucers.sully protvstvd the uxccuttun
<br /> .1 the Contract pursuant to Section at_J+.:+ of tht o,..;crnmtnt C)Je, the city m4y s(/atc its
<br /> intent not to succecJ tc the rights, Julie, ..t,•t r.,wvrs tit the tesoluti..n of iiltentlun !o
<br /> ennvx. If the local agency formation cum:.assr„n ai•ho1Js the city's protest Jill if the cit,
<br /> states its lyaentnon not to succycd to tl,r r..:6t r., ,!.tics, and pu,.vrs of County under tnc
<br /> y ritrict, the t.ontrict bcc•,mes null .lust nn,l i, t., the subject property actuill) annuxeJ .vi
<br /> the J.tty of annca.iticn. It only part ,it it,, I u.J m•!ef ( mtrJ.t w,is ,.Rhin mit ;RA Iv of t!4.
<br /> cit). the Lontract shall heJnmt• 1.411 JoJ v,11J nniy Io tilt' c%tertt of !hat part.
<br /> (Ci) rhe 'contract ma) be crnccllcd, as herein provided. is to all or A part of the subject propert,
<br /> only uron the petition ill' lwncr to County, and after puhlrc hearing has been held and notice
<br /> thereof given as required by Section 51.'14 of the Guternnint rode. The Board of Cupet'vis,r, if
<br /> Lounty may approve the cancvll4tioq only if the)- finJ causv;latlin is not inconsistent w:!6 tic
<br /> p.irposes of the California land Conservation Act of 196; J•,J tt.J! .39:(Ilat,.ur, is in tItc r.nl c
<br /> interest. It is understood by the parties here,.) t4at tlere is r,•, right to cancc:latet'�•,�
<br /> that the existence of An opportunity for an�tbcr use of snd,jcct property s!nould not be s..ffj-
<br /> .ivct reasin for cJ1,cvIl.tion of the Contract. Hit anvconuvie character of it,- t,astiri , s.
<br /> cultural or compatible use will be considered only if the subject property can nut he crown a:v
<br /> be put to a pernittca ;,g n,ultural or compatible use specified in Paragraph t .r J of tee a.
<br /> tract. Parties hereto agree that :i computation of *he cancellaty,in valuatioc, i ) J•!,•• i•ii
<br /> tion, assessment, an.f ri)^ent of the •.ancellitian fee, 13) walvcr sf rayment ^t i:1 or , rti1,
<br /> of the can.eilation fee, 'J; Jisttsbutior, of the cancvllJtian fee as deferrv.1 tai-., :e, r•.
<br /> at.oii of :vrtiti,ity of catccl;at.-ni, ar1 (bi the creation, JttacLaent, and reltase u! i tet-
<br /> crested by tht Imposition of a cancellation fee shall be as prov'idr. in Article , of t'•• .Ali
<br /> 19rnio Land ionsrrvation tc• of 1?6:
<br /> • 19, I'Le Contract mJ: be canccllcJ by mutual Jgrel-mynt of t.uunty and uwnei withoct payment of a ca•
<br /> u llatiai !rr ur public hearings whenever their is no operative legislation inplemyntinR Art is le
<br /> x11111 of the California Lwnstitution at the time the cancellation is requested by Owner.
<br /> •lay. s;i•r cin.eyance, suntract. or authorization (whether written or oral) by Owner or his succt•ssurs
<br /> ,n arteries which would permit use of the subject property contrary to the tern% of the Contract
<br /> rr tailute to use the property consistent with tho provisions herein will be deemed a breach
<br /> of the( .i.tr.:t Such hrvach clay be unforced by Count) by an action filed in the Superior Court
<br /> of the 1 wr•i!; tvr tyle parpo,e•of cnmpc►ling cospliance or restraining breech thescof. It is
<br /> .: ler%fo"d and agreed by the parties hereto that the enforcement proceedings provided in the
<br /> ., atra.t .,r,- nut iuclg4ive. AnJ both Owner #,WLounty may pursue their legal and equitable .�
<br /> rt.ncdiy.. liwner agrees to pry to l.ounty reasonable attorneys fees JnJ costs of suit together
<br /> with ar.. •,i•,.i .,.t•. .,c;c.sary for enforcement of the provision,, of the Contract.
<br /> ':1j t(.Jilty .'ii: JeC;arc the Contract terminated it it (or another substantially similar contract) i•.
<br /> aeclort•J in.olid or .neftective in any court adjudication accepted by county as final, hilt no
<br /> ,Jncellattun Ire or other penalties shall be as3usseJ against Owner upon such termination.
<br /> fs:; Ir, the tent the •.ubject property is divided, Owner or his successors in interest Agrees as a
<br /> cun,1it4on of suchdrv)•.ion to execute J contract or contracts so that at all tines the suhyect
<br /> property is restricted by contract or contracts identical to the Contract covering the subject
<br /> property at the time of such divi.ion. County, any ether political entity, or any court having
<br /> jurisdiction and making an order of division of the !,ubjcct property shall As the condition of
<br /> the division require the execution of the Contracts provided for iii this-paragtaph. —Ibr owner
<br /> ofsany parcel created by the division of the subject property may exercise, independent of tiny
<br /> other owner of a portion of the divided property, any of the rights of Owner executing the Con•
<br /> tract to give notice of noorellews Y or to pc►ition for cancrllation as provided herein. The,
<br /> effect of any eur.11'74.1lion by an owner of a parcel created by a division shall not be imputed
<br /> to the owners of the remaining parcels and shall have no effect on the contracts which apply
<br /> to the remaining parcels of the divided land.
<br /> s
<br /> (11) Owner. upon the request of County, shall provide lnfortsatlon [alatind to Owner's obligation
<br /> 1
<br /> cow 3J 13 rALt�ll l;) MINIIED
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