§ 53A.6. TERMS OF THE CONTRACT.

(a) The Contract shall set forth the agreement between the City and the property owner that as long as the property owner properly conducts permitted agricultural uses on the property as set forth in the Contract, the City shall comply with California Revenue and Taxation Code Article 1.5 of Chapter 3 of Part 2 of Division l, commencing with Section 422.7, provided that the specific provisions of the Revenue and Taxation Code are applicable to the property in question. A Contract shall contain, at a minimum, the following provisions:

(1) The initial term of the Contract, which shall be for a minimum period of five years;

(2) The property owner's commitment and obligation to conduct permitted agricultural uses on the property in accordance with the requirements, rules, and regulations of the Urban Agriculture Incentive Zones Act, this Chapter 53A, the Planning Code, and the Contract;

(3) Permission to allow periodic examinations of the property under Contract by the Assessor-Recorder, the Department of Building Inspection, the Planning Department, the Agricultural Commissioner, and the State Board of Equalization as may be necessary for tax assessment purposes or to determine the property owner's compliance with the Contract and state and local law;

(4) That the Contract is binding upon, and shall inure to the benefit of, all successors in interest to the property owner;

(5) Agreement that the Agricultural Commissioner or Board of Supervisors may cancel the Contract, or seek enforcement of the Contract in accordance with the cancellation provisions of Section 53A.8;

(6) That agricultural activity shall commence on the property within 30 days of the recordation of the Contract;

(7) That the property owner must report in writing to the Agricultural Commissioner any cessation of agricultural use for any reason, including but not limited to due to the loss of a tenant who was conducting agricultural uses on the property, within two weeks of the cessation of activity and that the property owner must resume agricultural activity within three months of any such cessation or face cancellation of the Contract;

(8) That the property is dedicated toward commercial or noncommercial agricultural use; and

(9) The property owner's indemnification of the City for, and agreement to hold the City harmless from, any claims arising from any use of the property.

(b) A Contract shall not prohibit structures that support agricultural activity, including but not limited to toolsheds, greenhouses, produce stands, and instructional space.

(c) Pursuant to the Urban Agriculture Incentive Zones Act as amended from time to time, a Contract may restrict the use of pesticides and/or fertilizers as long as it permits those pesticides or fertilizers allowed by the United States Department of Agriculture's National Organic Program.

(d) The City and the property owner shall comply with all provisions of the Urban Agriculture Incentive Zones Act, including amendments thereto. The Urban Agriculture Incentive Zones Act, as amended from time to time, shall apply to the Contract process and shall be deemed incorporated into each Contract entered into by the City.

(e) The Agricultural Commissioner shall maintain a standard form "Urban Agriculture Incentive Zones Contract" containing all required provisions specified by this section and state law. Any modifications to the City's standard form contract made by the property owner shall be subject to approval by the City Attorney prior to consideration by the Agricultural Commissioner or the Board of Supervisors.

(Added by Ord. , File No. 140702, App. 8/7/2014, Eff. 9/6/2014)