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. O 1`; III e. against the neglect or poor care of the apricot orchard such that the apricot trees become unhealthy, diseased or die. The City Council of the Town may authorize exceptions for the foregoing restrictive covenants, provided such exceptions are consistent with maintaining and preserving the apricot orchard and open space. 3 . Restrictions on Public Use. The public shall not have a right of entry upon the Orchard Property. The right of entry and surface use is limited solely to the Town, but only for the purpose of inspection of the Orchard Property as to its conform- ance with this Agreement. 4 . Term of Agreement. This conservation easement and Agreement shall be effective on the date of recordation of this Agreement and shall remain in effect as long as the Use Permit for the Property is in effect. If the Use Permit for the Property is terminated for any reason, voluntary or otherwise, this Agreement and the conservation easement shall terminate, and the Town shall promptly record a document indicating such termination and vacation of the easement. 5 . Successors in Interest .. This Agreement and the conservation easement shall run with the Orchard Property and shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. OWNER THE DAVID AND LUCILE PACKARD TRUST '=TED APRI i 1987 , AS DED ---)41:77" Date: Jan . -D8 , 2000 \\ D VID W. C RD, ustee Date: ��ik� 2 0 0 0 ��/!2 CP 7)(1-S NANC P. BURNETT, Trustee 666666 Date: 3! , 2000 SUSAN P. Ore Trustee AMP Date: ak , 2000 LIE PACKARD, Trustee ISii OF LOS di5 HILL 114r, Date: March 22000 ,_ MAYOR 12954459