ORD-2019-026 Resolution of Approval – Conservation Easement on Holden-Roberts Farm and Approval of Budget Amendment #10-C

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14 Protected Property and promotes conservation and best management practices and provides constructive ongoing contributions to and for the local community. The term"Agritourism" shall be broadly defined to mean those farming activities and traditional rural activities that are carried out on any agricultural location,including horticultural and agribusiness operations,that allow members of the general public, for recreational, entertainment, active involvement, or educational purposes,to view or enjoy rural activities, including farming,ranching,historic, cultural,harvest-your-own activities, or natural activities and attractions, or"Special Events"as defined herein,that have minimal negative impacts upon the environment and the Conservation Values of the Protected Property and are limited to "de minimis"access to and uses of the Protected Property. An activity is an agritourism activity whether or not the participant paid to participate in the activity. The term"Special Events"shall be broadly defined to mean a one-time or infrequently occurring event outside normal"Agritourism"programs or activities that provides for an agriculturally based leisure, social or cultural experience outside the normal range of agritourism choices or beyond the everyday agricultural experience such as but not limited to: seasonal festivals,harvest celebrations, field days, square dances and the like. In no event shall "Special Events"exist on the Protected Property for more than seven(7)days per twelve (12)month period nor exist in a manner that negatively impacts the soils or Conservation Values. Any parking associated with such events shall be located within the Farmstead Areas and/or existing farm roads as depicted in Exhibit D. 3.4.Procedure to construct Buildings and Other Improvements. The Grantor's rights to construct or reconstruct/repair buildings and other improvements are described in subparagraphs (a)through(c)below. Any construction or reconstruction not permitted below is prohibited. Before undertaking any construction or reconstruction that requires advance permission,the Grantor shall notify the Grantees and obtain written permission. All construction or reconstruction is subject to Orange County zoning regulations and must be consistent with permits required by and issued by the County of Orange under applicable laws and ordinances for such construction activities under its laws and ordinances as they exist now and as they may be amended from time to time. Any building may be constructed under applicable laws and ordinances for such construction activities. Any building that may be constructed under this section may be repaired and replaced. All permanent construction and/or placement upon the Protected Property of any impervious surface must be approved in writing by the Grantee to ensure compliance with the terms and conditions of this Conservation Easement. a) Fences.Existing fences may be repaired and replaced,and new fences may be built on the Protected Property for purposes of reasonable and customary management of livestock and wildlife or to fence off the perimeter of the Protected Property without any further permission of the Grantees. b) Paving and Road Construction. Construction and maintenance of unpaved farm roads that may be reasonably necessary and incidental to carrying out the improvements and uses permitted on the Protected Property by this Easement are permitted. Such roads shall be located so as to minimize impact to prime and unique soils on the Protected Property. No portion of the Protected Property shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material,without the advance written permission of the Grantees. c) Farm Structures&Improvements -New buildings,barns, sheds and other structures and improvements to be used primarily for agricultural purposes, including the processing or sale of farm 8