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• S <br /> and necessity require the establishment of the proposed agricultural <br /> and open space preserve. Said resolution shall establish the <br /> boundaries of the preserve, and shall state that said boundaries <br /> define those areas within which the Town is willing to enter <br /> into contracts pursuant to the Act. If, upon completion of the <br /> hearing, the Council does not find and determine that the <br /> establishing of an agricultural or open space preserve would be <br /> in furtherance of the public interest, convenience and necessity, <br /> the Council shall, by motion, terminate the proceedings on the <br /> proposal. <br /> 6 . Term of Contract . The minimum term for any contract <br /> executed on land within an agricultural or open space preserve <br /> shall be ten (10) years . <br /> 7 . Contracts . It is the policy of the Town to enter <br /> into contracts in accordance with Article 3 of the Act, limiting <br /> the use of agricultural and open space land for the purpose of <br /> preserving such land pursuant and subject to the conditions set <br /> forth in the contract and in the Act. It is the further policy <br /> of the Town that any such contract may provide for restrictions , <br /> terms and conditions including payments and fees more restrictive <br /> than, or in addition to, those required by the Act. <br /> S . Criteria for Agricultural and Open Space Preserve. <br /> An agricultural or open space preserve shall consist of not less <br /> than one hundred (100) acres provided that in order to meet the <br /> one hundred (100) acre requirement, two (2) or more parcels may <br /> be combined if said parcels are contiguous or if in common ownership. <br /> An agricultural or open space preserve of less than one hundred (100) <br /> acres may be established if smaller preserves are necessary due to <br /> the unique characteristics of the agricultural enterprises or open <br /> space requirements in the area and if it is indicated that an <br /> operation or open space area of less than one hundred (100) acres <br /> RODIN D. FAI5ANT <br /> ATTORNEY AT LAW <br /> 750 WELCH ROAD <br /> PALO ALTO, CALIF. 94304 <br /> (415) 328-6333 <br /> -3- <br />