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(43 ) The participation in an agricultural landfiand conservation easement or other preservation instrument shall be held by the Qualifying Entity . The County shall be a co - holder or backup beneficiary of the legal instrument . 1f the Qualifying Entity feftises to hold the easement E) r- othe pfesefvatian instfument , it shall be held by the Cetmty�. ( 54 ) If the applicant for the General Plan Amendment or Zoning Reclassification makes an application to the Board of Supervisors and demonstrates to that Board that the applicant has made a diligent effort to obtain an agricultural landfend conservation easement or other preservation instrument , and that the applicant has been unable to obtain such easement or other preservation instrument , then the Board may by Resolution allowgfat the applicant easement or- ethef instfument , of to pay the in- lieu fee set forth in Subsection ( e) of this Section . The applicant shall provide documentation to the Board of Supervisors with their application that the . l� hese has met with at least three ( 3 ) landowners �'• • � ' � �� „ � and San Joaquin Farm Bureau Federation and could still not obtain an easement or other preservation instrumentneither entity has been able to assist withthe . , ,. ,-. uisi io of the easement Facts which the Board may consider in making a decision regarding applicant' s request include , but are not limited to , the following . (A) The applicant made Mmultiple good faith offers to land owner( s ) to purchase an agricultural land easement or other preservation instruments and the land owner ( s) declined those offerse been deelined by the seller of sellefs . (B ) The applicant made Ggood faith efforts to purchase an agricultural land easement or other preservation instrument over an ov *ended a reasonable period of time and because those efforts were not successful ` = requiring further such efforts would be male it unreasonable . ( C ) The applicant made Ggood faith efforts to purchase an agricultural land easement or other preservation instrument, but "wee the high cost of the easement or instrument made requiring such a purchase makes- i unreasonable (ef) In - Lieu Fees . The payment of an in- lieu fee pursuant to Subsection (d) ( 3 ) is subject to the following provisions : ( 1 ) The in- lieu fee shall include the costs of managing the property , including the costs of administering , monitoring and enforcing the fffmiandagricultural land conservation easement or other instrument . - 4 -