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• • ti Sit 6 PAGEO5 County of Santa Clara, State of California, over the real property located at 27761 Moody Road described in Exhibit "A" (the "Property") hereto and shown on Exhibit "B" hereto, to have and to hold said conservation easement for the term and for the purposes and subject to the conditions, covenants and exceptions described herein. 2. Statutory Authorization. This Agreement and grant of conservation and slope easement are made and entered into pursuant to Civil Code Sections 815 through 816 and Chapter 6.6 (commencing with section 51070) of Part 1, Division 1, Title 5 of the Government Code. This agreement is subject to all of the provisions of said sections and chapter including any amendments thereto which may hereafter be enacted. 3. Restriction on Use of Property. During the term of this Agreement and the conservation easement granted herein, the Property shall not be used for any purpose other than a conservation easement and those uses related to or compatible therewith. Owner, for the direct benefit of the Property described herein and of the Owner, hereby declares that the Property shall be subject to restrictive covenants running with the land which shall be binding upon all subsequent grantees. Said restrictive covenants shall be: (a) against the right of Owner to construct any improvements on or within the Property except for leach fields, public and private utilities easements and paths granted to the Town, provided these reserved exceptions shall be consistent with the purposes of law and shall not permit any action which will be incompatible with maintaining and preserving the natural or scenic character of the land and shall receive all necessary permits prior to construction; and (b) against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristic of the land; and (c) against the grading of land other than attendant to permitted uses; and (d) against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, and similar measures; and (e) against the planting of any plants, trees or vegetation other than native plantings. The City Council of the Town may authorize exceptions to the foregoing restrictive covenants, provided such exceptions are consistent with the purposes of law and not incompatible with maintaining and preserving the natural character of land. 4. Restrictions on Public Use. The public shall not have a right of entry upon the Property. The right of entry and surface use is limited solely to the Town, but only for the purpose of inspection of landscaping, trees or natural growth upon the Property.