FEES, COSTS, TAXES, FINES, PENALTIES OR OTHER CHARGES, INCLUDING BUT NOT LIMITED
TO THE REPAYMENT OR RECOUPMENT OF TAXES, SUCH CHARGES SHALL BE ENTIRELY
SATISFIED THROUGH THE VALUE OF THE EASEMENT EXCHANGE PROVIDED FOR IN THIS
AGREEMENT.
IF THE TRIBE IS SUBJECT TO A JUDGMENT THAT REQUIRES IT TO PAY ANY
FEES, COSTS, TAXES, FINES OR OTHER CHARGES IN CONNECTION WITH THE CANCELLATION
OR RESCISSION OF THE DUGAN PROPERTY WILLIAMSON ACT CONTRACT THAT ARE PAYABLE TO
OR FOR THE DIRECT BENEFIT OF THE COUNTY, ANY LOCAL OR COUNTY GOVERNMENTAL OR
PUBLIC AGENCY OR ENTITY, OR ANY BENEFICIARY OR HOLDER OF THE EASEMENT, THE
COUNTY, TO THE FULL EXTENT AUTHORIZED BY LAW, SHALL WAIVE THE COLLECTION AND
JUDGMENT, INCLUDING ANY INDEBTEDNESS OR LIEN THAT MIGHT ARISE AS A RESULT
THEREOF, OF ANY SUCH AMOUNTS.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THE
RESCISSION PENALTY (12.5% OF THE RESCISSION VALUATION OF THE DUGAN PROPERTY) AS
APPRAISED BY THE SONOMA COUNTY ASSESSOR'S OFFICE IS GREATER THAN THE APPRAISED
VALUE OF THE 20 ACRES OF CONSERVATION EASEMENT DEDICATED TO UNRESTRICTED
AGRICULTURAL PRODUCTION, THE TRIBE AGREES TO ONE OF THE FOLLOWING: (1) PAY THE
DIFFERENCE BETWEEN THE RESCISSION PENALTY AND THE APPRAISED VALUE OF THE PORTION
CONSERVATION EASEMENT DEDICATED TO UNRESTRICTED AGRICULTURAL PRODUCTION TO THE
CALIFORNIA STATE CONTROLLER FOR DEPOSIT IN THE SOIL CONSERVATION FUND; OR
(2) INCREASE THE SIZE OF THE CONSERVATION EASEMENT AREA DEDICATED TO
UNRESTRICTED AGRICULTURAL PRODUCTION SO THAT ITS APPRAISED VALUE IS EQUAL TO THE
RESCISSION PENALTY; OR (3) SOME COMBINATION THEREOF.
AS A RESULT OF THIS
UNCERTAINTY, SHOULD THE CONSERVATION EASEMENT BE TERMINATED, IN WHOLE OR IN
PART, EITHER BY EMINENT DOMAIN OR JUDICIAL TERMINATION, THE DOC IS ENTITLED TO A
PORTION OF ANY PROCEEDS AWARDED IN CONNECTION WITH SUCH TERMINATION PURSUANT TO
THE TERMS OF PARAGRAPH 17 OF THE CONSERVATION EASEMENT (EXHIBIT H) AS PROVIDED
AS FOLLOWS.
SUCH A PORTION SHALL BE AN AMOUNT EQUAL TO THE PERCENTAGE OF THE
APPRAISED VALUE OF THAT PORTION OF THE CONSERVATION EASEMENT DEDICATED TO
UNRESTRICTED AGRICULTURAL CONSERVATION IN RELATION TO THE APPRAISED VALUE OF THE
ENTIRE CONSERVATION EASEMENT, AS OF THE DATE OF THE FINAL WILLIAMSON ACT
CONTRACT RESCISSION.
THIS PERCENTAGE, ONCE DETERMINED, SHALL BE REFLECTED IN
PARAGRAPH 17 OF THE CONSERVATION EASEMENT.
12.3.8
NOTHING IN THIS AGREEMENT SHALL PREVENT THE TRIBE FROM
DEVELOPING A MITIGATION BANK ON LANDS THAT WILL BE SUBJECT TO THE CONSERVATION
EASEMENT, AND TO COLLECT FEES FOR SUCH USE, NOR SHALL THE COUNTY'S RIGHT TO
PRESERVE SUCH EASEMENT INTERFERE WITH THE TRIBE'S ABILITY TO MARKET SUCH
MITIGATION BANK RIGHTS ON SUCH AN EASEMENT, IN A MANNER IN COMPLIANCE WITH THE
CONSERVATION EASEMENT, PROVIDED THAT THE TRIBE TAKES NO ACTION THAT WOULD IMPAIR
SUCH EASEMENT OR ALTER ITS USE WITHOUT THE WRITTEN CONSENT OF THE COUNTY AS
PROVIDED FOR IN THE CONSERVATION EASEMENT ATTACHED AS EXHIBIT H.
12.4
IF THE COUNTY DETERMINES THAT A CEQA ENVIRONMENTAL REVIEW IS
REQUIRED TO CANCEL OR RESCIND THE DUGAN PROPERTY WILLIAMSON ACT CONTRACT OR
ESTABLISH THE CONSERVATION EASEMENT, THE TRIBE SHALL ACT AS