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(iii) that at least ninety (90) percent of the land under the Initial Contract remain under <br />this contract; <br />(iv) that, after the lot line adjustment anticipated by these recitals, those portions of the <br />said property subject to this contract will be lazge enough to sustain agricultural use; <br />(v) that said lot line adjustment would not compromise the long-term agricultural <br />productivity of salciproperty or other agricultural lands subject to a land conservation contract; <br />(vi) that said lot line adjustment is unlikely to result in the removal of adjacent land from <br />agricultural use; and <br />(vii) that said lot line adjustment does not result in either a greater number of developable <br />pazcels than existed prior to the adjustment or an adjusted lot that is inconsistent with the City's <br />general plan. <br />WHEREAS, the Owner and the City desire to enter into, and intend that this contract <br />shall constitute an enforceable restriction to open-space land as defined and used in the <br />California Revenue and Taxation Code; <br />NOW, THEREFORE, both Owner and City in consideration of the mutual promises, <br />covenants and conditions herein contained and the substantial public benefits to be derived <br />therefrom, do hereby agree as follows: <br />CONTRACT SUBJECT TO THE CALIFORNIA LAND <br />CONSERVATION ACT OF 1965. <br />This contract is made and entered into pursuant to the California Land Conservation Act <br />of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the Government Code of California <br />commencing with Section § 51200) and is subject to all of the provisions thereof. <br />2. RESTRICTION ON USE OF PROPERTY. <br />During the term of this contract, or any renewal thereof, said property shall not be used <br />for any purpose, other than agricultural uses for producing agricultural commodities for <br />commercial purposes and compatible uses, which uses aze set forth in Exhibit B attached hereto <br />and incorporated herein by reference. <br />3. DESIGNATION OF ADDITIONAL COMPATIBLE USES. <br />The City Council may, from time to time, during the term of this contract or any renewal <br />thereof, by resolution add to those uses set forth in Exhibit B other uses which aze compatible <br />with the agricultural uses within the preserve where said property is located; provided, however, <br />that the City Council shall not eliminate, without the written consent of Owner, a compatible use <br />during the term of this contract or any renewal thereof. The provisions of this contract and any <br />resolution supplementing the uses permitted in Exhibit B aze not intended to limit or supersede <br />the planning and zoning powers of the City. <br />57286\124246v3 2 RTrACHMENT '3 <br />