4.5. SR 12-01-2014 - Laserfiche WebLink

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A. The recitals first set forth above are incorporated by reference as if fully set forth herein. B. The rights and obligations herein shall survive any sale, conveyance or transfer of the Property by Owner, including but not limited to the conveyance of the Property to the Trust. C. The City agrees that all portions of the Property used as tillable ground as of the date of this Agreement shall be kept, maintained and used as tillable ground until such time as restoration commences. D. The City and Owner agree that any agreement between them with respect to the Property, including this Agreement is subject to the terms of the Grant Agreement with LSOHC and the approval of the LSOHC. Therefore, this Agreement shall be void and of no effect unless the Grant Agreement and the LSOHC allow agricultural use of the Property as a benefit to the restoration process, and allow Owner to receive the proceeds of agricultural lease payments. E. City and Owner agree that City may begin restoration work on all or any part of the Property at any time and that there are no guarantees to the length of time the Property may be used for agricultural purposes. F. City and Owner agree that if lease payments are received by Owner and the LSOHC subsequently objects to Owner's receipt of the lease payments and/or requests or demands return of the lease payments to the LSOHC or the City, Owner will promptly return said lease payments as directed by LSOHC or the City and will hold the City harmless and defend the City from any claims by the LSOHC or any other third party to the lease payments. G. City will, by December 15, 2014, and by October 15 of each subsequent year, advise Owner as to the acreage, if any, which will be available for agricultural purposes the following year. Owner shall not have the right to lease any portion of the Property for agricultural purposes until this notice is received from the City. H. Owner will, by December 31 of each year, report to the City the total lease payments received by Owner during that year. I. City and Owner agree that Owner may assign its interest in this Agreement to any other party as determined by Owner in its sole and absolute discretion. J. This Agreement shall be in effect from the date herein until terminated as follows: 1. Immediately, upon written notice to either party that the LSOHC objects to agricultural use of the Property and/or the receipt by Owner of lease payments for agricultural use. 2. Immediately, upon written notice to either party that this Agreement, or any actions taken by the parties pursuant to this Agreement, has been determined by the LSOHC to be inconsistent or in conflict with the Grant Agreement. 2