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Home My WebLink AboutNYS Dept of AG & Markets ELIZABETH A. NEVILLE TOWN CLERK EEGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MAN~GE1ViENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Sonthald, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT TIlE FOLLOWING RESOLUTION NO. 382 OF 2001 WAS ADOPTED AT TIlE REGULAR MEETING OF THE SOUTItOLD TOWN BOARD ONMAY 22, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean ~V. Coehran to execute New York State Agriculture and Markets Contract C800021 in coanection with the Agricultural and Farmland Protection Implementation Grant in the amounl of $600,000 for the term April 2, 2001 through March 31, 2003. All in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM O171NFOIL~[ATION OFFICER Town Ha]l, 53095 MoJn Road P.O~ Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southa]d~own.nor~hfork.nei OFFICE OF THE TOWN CLERK TOWN OF SOUTYIOLD May 5, 2003 Re: Contract No. C800021 Town of Southold Attention: Emma Graham NYS Department of Agriculture 8, Markets 1 Winners Circle DMsion of Fi3cal Management Albany, New York 12235 Dear Ms, Graham: The Southold Town Board at their regular meeting held on April 22, 2003 adopted a resolution authodziog Supervisor Joshua Y. Horton to execute the agreement for the amendment to the Agricultural and Farmland Protection Implementation Grant Contract No, C800021. A certified copy of this resolution is enclosed together with five (5) copies of the signature page signed by Supervisor Horton, I will look forward to receiving a fully executed copy of this agreement from you, Thank you. Very truly yours, Elizabeth A. Neville~ Southold Town Clerk Enclosures cc: Town Atfomeys Office Land Preservation Department DIVISION O: FISCAL MANAGEMENT 518/ 457-2080 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS ' WINNERS CIRCLE ALBANY. NEW YORK 12235 April 7, 2003 Town of Southold Attn: Melissa Spiro, Land Preservation Coordinator 53095 Route 25 Southold, NY 11971 Re: Contract C800021 Dear Ns. Spiro: Attached for your review are five cop~es of an amendment to your Agricultural and Farmland Protection Implementation Grant. This amendment will extend the contract period from 3/31/03 through 12/31/03. Please have each of the copies signed and notarized in the spaces provided. Return all copies of the signed amendment to me at the above address. ! will send you a fully-executed copy when it has been approved by all parties. Please call me at (518) 457-6172 or e-mail emma.graham~agmkt.state.ny.us if you have any questions. me at Sincerely, Emma Graham Contract Management Specialist cc: J. Giovannetti ~'~ PRINTED ON RECYCLED PAPER ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARR/AGE OFFICER RECORDS MAxNAGEMENT OFFICER FREEDOIVI OF INFORMATION OFFICER Town Hall, 53095 Main Road 1°.O. Box 1179 Southold, New York 11971 Fax [631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 253 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIl, 22~ 2003: RESOLVED that the Town Board of the Town of Southold hercby authorizes and directs Supervisor Joshua Horton to execute an amendment to the A~ricul~ural and Farmland Protection Implementation Grant Contract C800021. This amendment will extend the comract period from 3/31/03 through 12/31/03. Elizabeth A. Neville Sonthold Town Clerk AGREEMENT New York State Department of Agriculture and Markets I Winners Circle Albany, NY 12235-0001 Agency Code 06000 AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT STATUTORY AUTHORITY; Agriculture and Markets Law Article 25AAA Contractor ~ame/Pm[ect Sponsor: TOWll of Southold Contract Number: Amount of Agreement: Contract Period: Municipal Code: C800021 $600,000 4/2/01 to 12/31/03 47 03 7900 0 Street: 53095 Route 25 City.' Southold State: NY Zip: 11971 Billing Address (if different from above): Street: City: State: Zip: Title/Description of Project: Town of Southold Agricultural & Farmland Protection Implementation Grant THIS AGREEMENT INCLUDES THE FOLLOWING: [] This Coversheet [] Appendix A (Standard Clauses for all New York State Contracts) [] Appendix B ~Project Budget) [] Appendix C 'Award letterfs) & a oortton of Applicant's proposal) [] Appendix D (The Department? General Conditions) fl'Appendix E (The Department s Special Conditions) [] Appendix F - Other (Identify) FOR AMENDMENTS CHECK THOSE THAT APPLY: [] Additional Work [] Extension of Time From3/31/03 to 12/31/03 [] Increase Amount [] Decrease Amount [] Revised Budge[ [] Revised Scope of Work [] Other if Increase/Decrease in Amount: Previous Amount: $ Increase/decrease New Total: $ The Contractor and the Department agree to be bound by the terms and conditions contained in this Agreement CONTRACTOR NYS DEPARTMENT OF AGRICULTURE & Signature of Contractor's Authorized Representative: Date: Typed or Printed Name of Above Representative: Joshua Y. Horton Title of Authorized Representative: Supervisor, Town of Southold Notary Public:On tills day before me personally appeareo ~"T~,~ I./¢,V,V, l~rd~zT-.¢l , to me known and kn(~wn t~ me t~ be J:he same person who executed the above instrument and duly acknowledged the executio~ of the same. ME~NIE DOROS~I NOT~Y PUBLIC AEorney Genera: No. 0tD04634870 Qual~ed in Suffolk Commission ~ira~ S~temb~ MARKETS Signature sf Authorized Official: Date: Typed or Printed Name of Above Official: Title of Authorized Official State Agency Certification: In addition to the acceptance of tl~is contract_ I also certify that odginal copies of this signature page will be attached to all other exact cop~es of this contract. Approved: Alan G. HevesL Comstroller By: MELISsA A, s]Pmo LAND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: FROM: RE: ~eg Yakaboski, Town Attorney zabeth Neville, To-om Clerk Melissa Spire, Land Preservation Coordinator Agricultural & Farmland Implementation Grant Contract #C800021 DATE: January 2, 2002 On December 18, 200!, I received an executed copy of the Agricultural & Farmland Implementation Grant Contract #C80002I. This grant was awarded on April 2, 2001, in the amount of $600,000. I have attached a copy of the executed contract for filing in your office. If you have any questions, please feel free to contact me. encI. cc: Joshua Horton, Supervisor w/out encl.) Town Board Members (w/out encl.) STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 1 WINNERS.CIRCLE ALBANY, N b-'W' YORK 12235 DIVISION OF FISCAL MANAGEMENt' (518) 457-2080 Melissa Spiro Land Presentatio Coordinator Town Hall 53095 Main Rd. Southold, NY 11971 December 18, 2001 Dear Ms. Spiro: have enclosed an executed copy of your agreement with this Department. Contract # C800021, Agricultural & Farmland Implementation Grant If you have any questions, please contact me at (518) 457-6172. cc: J. Giovannetti Sincerely, Sean P. O'Brien Contracts Manager ~ PRINTED ON RECYCLED PAPER DEC 2 0 2,03'~ DEPI. OF LAND P~ESE~AT)O~ New York ~ate Department of Agriculture andMarkets ! Winners Circle Albany, NY 12235-0001 Agency Code 06000 AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT STATUTORY AUTHORITY: Agriculture and Markets Law Article 25AAA Contract Number. Amount of Agreement: Contract Pedod: Municipal Code: C800021 $600,000 4/2/01 rte 3131103 47 03 7900 0 Contractor Name/Project Sponsor:. Town of Southold Sfree~. 53095 Route 25 city:. 'Southold stale: NY Zip:Il971-0959 Billing Address (if different from above): Street: City: State: Zip: Title/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY: Iftncreese/Decrease in Amount*. ;~] This Coversheet ~ Appendix A (Standard Clauses for'all New York State ~entrects) ![~],Appendix B (Project Budget) ' ~ Appendix C (Award letter(s) & a portion of Applicant's proposal) ![] Appendix'D ~'he Departn~ent's General Conditions) i[] Appendix.E (Fedora Condit ons) C]:Appendix F -Cooperative Agreement 73-2C31-8-440 [] Additional Work [] Extension of 'lqme From to --i Increase Amount ._~ Decrease Amount [] Revised Budget [] Revised Scope of Work [] Other Previous Amount: Increase/decrease 'New Total: The Contractor and the Deparb~ent agree to be bound by the terms and condifion~ in this Agreement CONTRACTOR NYS DEPARTMENT OF AGRICULTURE & MARKETS e of Authorized Official: Typed or Printed Name of Above Representative: Title of Authorized Representative: N~arY Public: On this day before me personally appeared , '~'~,c~,,, E,~J~ (~ o~/-~ -/~- - , to me known, and ~ Name of Above Official: Ruth A. Moore First ueputy Comrmssloner Title of Authorized Official State Agency Certification: In addition to the acceptance of this contract, also certify that odginal known to me to be the same person who executed the above instrument and duly acknowledged the execution of the same. Attorney General: BARBARA ANN RUDDER No. 4855805 Qualified in Suffolk C~n~ C~mi~n ~pires April 14~ signature page will be of this contract. Officeof~e HARDWOOD& wi~C~h~ Jab Rzvis~2~O Farmland Protection Implementation Grar~t Budget Town of Southold PROJECT COSTS Estimated Value of Conservation Easement $ 775,000 .Administrative, COSts Administrative Costs (in-kind) Ind. implementation, staff time legal review, and closings, etc. $ $ 25,000 Total. Project Costs, $ 800~000 FUNDING SOURCES Local Ma~ch Funding ToWn/County Funds In-Kind Subtotal % of total project costs $ $ 25% $ 175,000 25,000 200,000 State Funding State Funding % o[ total project costs above $ 600,000 75% (not to exceed 75%) STATE OF NEW YORK DEPAR'fMENT OF AGRIC;ULTURE AND MARKETS George E. Pataki Nathan L. Rudgers ~ovm-r~or April 2, 2001 Oomroission~r Ms. Jean Cochran, Supervisor Town of Southold 'Town Halt~,5309S Route 25 S0Uthokt; Iqew.York ~.~971-0959 I ~ ¥~,y~pleased. to inform you that the Dopm huent of Agricu!ture and Markets has awarded-the Town of Son~old the sum of $600,000 to assist the Town in its farmland preservation efforts. Based npen your F~20:00/2001 Agricultural and Farmland Protection Implementation Grants application, the Depavtmon~has, Provided enough matching funds to purchase the development rights on any of the seven listed parcels. ~Befor~ ~te ftmd~ can be provided for the purchase of easements or development rights on any of the approved ~O~,r i~ will first be necessary to develop a contract between Re Department and the To,~. This~ct must: contain, at least, an agreed upon plat/ of work and budget. Project expenditur.es;!~hich occur.prior to the approval of the contract by the State Comptroller, might not be reimbursed. ~ The~'ffore, we strongly adwse that you not recur any expenses for whmh State reimbursemexlt~ll be sotlght until the contract is approved. tn or~ ~o faeili~te the timely development'of a contract, I em requesting that you identify the principal ¢gnlh~soa, ~with. whom you would like us to work. Please provide this information to Ken Gmdens~.ih6i~artmeJat!a[Fannland Protection Program Manager. He may be reached by phone at 518- 457-27.I3, ~b¥i~f~.~ ht ~18~457-2716, or by mail in care of the Department's main offices located at 1 Winners:Ciml~,'3}lbany, NewYork 12235~0001. Tl~e..~ar~, ent looks forward to working with yon in preserving your valuable farmland resources for~ ~gn~u~ production purposes now and ~n the future. Sincerely, NATHAN L. RUDGERS Commissioner of Agriculture and Markets of the State of New.York cc: Kenneth Sclmaitt, Chair, Suffolk County AFPB Melissa Spire, Land Preservation Coordinator ,Winners Circle ~ Albany, New York 12235 ~ Phone: (518) 457-8876 ~ Fax: (518) 457-3087' ~ printed on recycled paper 2 JEAN W. COCHRAN SUPERVISOR Town Hall, 53095 Route 25 ~'.O. Box 1179 Southold, New York 11971-0959 Fax I631) 765-1823 Telephone C631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Proiect Title: Purchase of Development P,]ghts of selected farmlands within the To,~m of Southold. ' ...................... Applicant: Town of 8outhold, Suffolk County, NY By: Jean W. Cochran, Southold Town Supervisor Melissa Spiro, Southold Town Land Preservation Coordinator Address & Tel.#: Department of-Land Preservation Town Hall, 53095 Main Road POBox 1179, Southold, NY 11971 Tel. (631) 765-5711 or (631)765-1800 Fax (631) 765-1366 .Amount Requested: Maximum avaitablo. Town funds presently available approximately $6 Million. Duration of Proiect: Parcels will be selected and contracts dosed within 2 years. JEAN W. COCHRAN SUPERVISOR Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1559' OFFICE OF THE SUPERVISOR TOWN OF' SOUTHOLD Proiect Summary The Town of Southold proposes a cooperative effort under terms oftlm 1996 Clean Water/Clean Air Bond Act and the 1993 Environmental Protection Fund for Agricultural and Farmland Protection Implementation Projects, to acquire the development fights to agricultural properties. The properties have been submitted by their owners to the Land Preservation Committee (LPC) of/he Town of Southold for sale of such fights to the Town. The common characteristics of these properties and ~he community in which they are situated ~are described below. The plan, under which the Town proposes to utilize its own, and other public funds, has been reviewed and -approved by the Saffolk County Farral~d Protection Board, as required (see Attachment "A"). Agriculture in the,Town of Southold: The Town of Southold has been a farming community since it's founding over 350 years ago. The ensuing years have seen many changes, most noticeably population increases and the encroachment of home building, since the early 1950's. The Townis located about 100 miles.from the center of the New York metropolitan area and is adjacent to the Long Island suburbs of New York City. This suburban population_, nearing 3 Million, has been expanding.eastward and has developed most of the farmlands of western Suffolk County and;continued expansion into the.eastern extremity as well. A~-icultural products are shipped to 'these populated areas fi-om 8outhold Town, as well as to other New England locations. Pi significapt amount of farm produce is retailed from farm stands to local residents and tounsm frequenting the ~rown~ A large, and thriving agricultural community exists in the Town, but its long-lena viability remains threatened by pressures of land development. The Town comprises an area of about 34,000 acres, fi-om P econic Bay to Long Island Sound, and contains over 10,200 acres o, fagricultural land. The Town is part of Suffolk County Agricultural District No. 1, which encompasses about 5900 acres within town-boundaries. An infrastructure is in place in eastern. Suffolk C6unty, to support agricultural enterpriseS. Offices of the Farm Bureau, Comell Cooperafiv~ Extension, farm credit agencies and farm equipment and supply dealers are in close .proximity., Agricultural prac~ces are ever evolving, with wine grapes, vegetables, nursep] and greenhouse stock, and sod becoming pi-oduction leaders. Statistics as of Ianuary 2000, in~ticate the following agriealtura~ acreage and respectiw use, ~fhin the 70wa of Southold: 18'20 acres: vegetables and fruits I743 acres: vineyards 856 acres: potatoes 1503 acres: fallow lands 763 acres: nursery and trees 665 acres: sod 954 acres: hay; rye and other grains 161 acres: greenhouse uses 156 acres~ pas~e 7,495 acres - Total Plan of Work Planning Document: Recognizing the inexorable encroachment of development om farmland, and its attendant degradation ~0 a rural chanicter and sense of place, the Tbwn-Board has pursued a vigorous program of Agricultural Lands Preservation. Local Law first established the em-rent LPC in 1983. The tasks and goals of the Committee are spelled out in Chapter 25 - Agricultural Lands Preservation, of the Town Code (see Attachment "B"). Selection of candidate farmiand parcels for preservation is performed in accordance with Chapter 25 and a set of criteria established by the LPC (see Attachment "C")~ These factors meet the qualifying thresholds of Section 325 of the New York State Agriculture and Markets Law. Additionally, the Town Code details prohibitions and restrictions on use and/or alienation of thereby-preserved agricoltural lands. Prior Activity:. In 1983,1987, 1991 and 1994, the Town of Southold voters approved bond ~ssues, each £or~ $1.75 Million and again in 1996, 1997, 1998 and 1999, each for $2./rtl]lion, to .acquire farmland development rights in order to preserve important agricelturallands and the fanning economy, as well as other open spaces within the Tt;wn. Additional land protection- measures were enacted when the Peconic Bay Region community Preservation ACt was signed into law on June 22, '1998.. This legislation created a mechanism whereby the Town was able to establish a preservation fund financed solely by revenues from a real estate transfer tax. Revenues ~om theCommunity Preservation Act as of August 2000, total 2 mil/ion doliar~ Thusly represented $17. Millionfis the serious and dedicated commitment of the community to its quality of life. .Present Proiect: The commitment continues. The remaining available funds of the above-noted approved bondreferendums and theC0mmunity Preservation Act (in excess of 6 Million) w~l be applied to the costs of purchasing the project parcels herein listed. Fu~her~/;he Town is working closely with third-party laud trusts, in certain instances, where other forms of easement and fee acquisition enhance the development rights purchase. Additionally, the Town Board is joining in partnership with Suffolk County, to jointly share acquisition costs for certain projects deemed worthy of preservation. These approaches effectively "leverage" more agricultural lands into preservation, at less cost to all partners (basically, the approach represented in this application). The ongoing program will be conducted much in the same manner as in the past. Additional applications are always forthcoming. It is expected this pattern will continue and may accelerate dependent upon economic influences, public awareness and funding. The LPC is also performing out-reaEh, initiating a solicitation of owner-applications from selected priority areas of important agricultural lands in the Town. A. Outstanding Offer-Applications: The majority of the parcels herein listed have landowner applications for development rights purchase curreatly submitted to the LPC. The parcels that do not have landowner applications are desirable agriculture parcels and are listed on the Town's Community Preservation Project Plan. These appfications represent approximately 170 acres ofproductlve farmland; having estimated development rights purchase-costs'in excess of 2 3/l'fllion. B. Work~.Pr?gress: The referenced applications areinthe processofreview, appraisaiand evaluation by the LPC~ Pumhase offers for the development rights and ft~her contract negotiations, are forthcoming. C. Brief description andStatus of Ih-eject Parcels (in priority order). Individual maps for eseh project amattached (g/ttadnnent "IY'): Doroski Family limitedPartnership. North sideC.R. 48, S0uthotd. 3~+ acres of potatoes. Estimated cost. = $401t,000. SCTM# 1000-69-1-9 M. Culllnane~ SCTM# 1000-19-1-1.2 Northwest comer Main Road and Narrow River Road, Orient 25+- acres of vegetables. ~Estimated cost = $162,500. R. iSchreiber. SCTM# 1000-95-1-4 North side Oregon Road, Cutchogue. 32+_ acres of sod and vineyard. 2Estimated cost = $480,000. lLJenldns. SCTM# 1000-102-2-2.3 West side D6pot Lane, Cutchogue. 17~aeres of nursery. Estimated cost = $204,000. IL Blum. SCTMg 1000-75-5-1 West side Peconi, Lane, ?eeonio 14+ acres of vineyard. Estimated cost -- $168,000. G. Starlde, SCrM# 1000-96-3-2 Interior parcel west of Cox's Lane, Cutchogue. 18+ acres of nursery. Estimated cost = $216,000. J, Scott. SCTM# 1000-102-2-23 North side Main Road, Cutchogue 32+- acres of vegetables and pasture. Estimated cost = $384,000. Other applications before the L?C, are not here-listed for reasons of current priority and funding considerations :Easements: The To:~n of Southold holds the development fights, in a dedicated fashion and in perpetuity. This fact is reflected in the title retained by the underlying fee owner of the preserved agricultural lands. Any proposed alteration in the terms of the town-held easement requires a public hearing, prior to adoption_ The management/monitoring of the terms ofench easement is currently a task of the LPC. Thn. ~e~. ble: il~,,chase .Contra~ [xecufion_s are a respons~ility o£iega[ counsel to the respective p .a!li~. Eval,uafiont and~appraiSaLreviews are an initial task oftheLPC, thereafter approved by by theTom B,garfl mia subject to a public hearing. Based on pas~ experience, t;h.o~..fan~ng c~re~7.~a_v~!able ~(as mppiemented;by any grant award resulting ~rom this appheation) is eXpected'to !be,disbursed'or coma-actually obligated within two y~rs. Deliverables The Town of Southold is ready to participate in this-program with the State of New York Department Of Agfienlture and Markets. The Town enjoys a }~ory of suecessfiJ, committed protection of'its agricultural resources through purchase of development rights. The above- referenced project parcels attest to the fact there are willing farmland owners ready to sell such rights to the Town. Some of these project parceI owners may ultimately choose not to sell, however experience has shown that most purchases are accomplished, when pursued with concerted effort. Generally, the develolmaent rights are now within a cost range orS10,000, to $15,000~ per acre, with the preponderaneetilted towards the higher end .of the range, reflecting the now-inflaionary im3uenees of the devel~pmenffagrieultural land market in the Town. Personnel The process of review, recommendation, negotiation ~ind contrant/closing, involves the Town Board, ihe Land P[eservafion Coordinator, the Town Attorney; and the members of the LPC, specifically:. Chairman: Richard C. Ryan, ?.L.S.; Licensed real estate broke~, Real Estate Officer (IqYSDOT/DEC), retired. Members: Noreen McKerma, Coop. Bal. Coord. - Southampton College; farmer. Ray Huntington, business administrator, retired. Fred Lee, member- Comelt Coop. Extension Agricultural Program Advisory Committee; farmer. Reed Jar'ds, vineyard manager. Joseph Krukoski, member -SuffoIk County Farm Select Committee; ~'armer. Budget Approximately $6. Million remains available in Town funds for application to the acquisition costs associated with the above-referenced project parcels. Normal overhead expenses and ordinary sof~ costs are anticipated as additions to the actual costs of development rights purchase. Suffolk County A£ri ultural and Farmland Protection Board August 24, 2000 Mm'jorie Br'ague;? Director Dh, isi~n of Fiscal Management NTS Deg~em Of~g;5¢ulture and Markets i Wirings Ch-cie Albany, Ne~v York 12235 Dear M~. Brag~e; Tho Slfffolk Cotmly Agricultural and Farrrfland Protection Board met on August 24, '~000 to rev Jew the Cotmtv proposal formatching State ftm~ .for the Suffolk County Agriculture and Farmland Protect/on Program and. to review propbs~Is from the local municipalities for State funds for their p[ograms. The To~u of Southold's epplicalion, was considered and the Suffolk Corm .ty Agricultural and Farmland ProtecfioniB0aM voted to endorse the Town's grant application. The Commktee also saw the report dried Southold Town Farm and Fro-roland Protection Strategy, January. 2000. Sincerely; . . Kenneth $~mitt Chainnan Suffolk County Agricultmml and Farmland Protection Board ATTACHMENT APPENDIX D GENERAL CONDITIONS FOR AGRICULTURAL ANDFARMLAND PROTECTION IMPLEMENTATION AGREEMENTS NeW York State Department of Agriculture and Markets These apply tothe administrative aspects of the and PAYMENT ,Payment of state funds shall be made to the Contractor after approval of ~his Agreement 'by the State Comptroller, upon the submission of a payment request (Standard Voucher), an executed purchase agreement with the landowner, a btzdget report detailing the Contractor's match, two copies of an appraisal: by: a ~ew York State Certified General Real Estate Appraiser, the :required title p01i~y, a copy of all subordination agreements: an approved easement or pumhase of development rights, a monitoring plan, and any ~greerrfe~t~:,~etw~en the Contractor and another to hold or maintain the interest Jn rea prOperty. ', The.. Contractor shall submit all supporti~ and M ar~[~ 12235.'- v~ilt :not, Management requests for payment, reports and ;uments to the following address: NYS Department of Agriculture ~D~ivision of Fiscal Management, 1 Winner's Circle, Albany, NY ~e~,,standard vouchers and any reports will not be considered e bePartment and any interest which may be 'due the Contractor to,~acc~ue until they have been received by the Division. of Fiscal 'Payee,,to the Contractor under this Agreement shall not be made un]ess,thei~cpnt~ctor shall have submitted to the Department a written payment reqUeSt, ~o~the~with such information as required by the Agreement~ Payment shall nOt 5~ ¢ueiu, ntil the 60th calendar day after receipt of the payment request, where co~t[~ct funds have been appropriated and made available to the Upon examination of the Contractor's payment request and supporting material, the~Department may, in its sole discretion, modify or adjust the amount requested~,'~o reflect contract funds expended as of the date of the request. Subseq~edt to its review and approval of the payment request, the Department will transmit the request to the Comptroller for payment_ The total payment made under this Agreement will not exceed the Contractor's actual costs and expenses adsing from the completion of the work under this Agreement. TITLE T~he Contractor shal! ensure that the title to the lands or interests therein shallbeune(tcumbered.o~, if encumbered by, outstanding or reserved ~rlterests. the Contractor, shalt, OhS,Urge ;that such enctm~,brance shallnot, interfere,; with the agdcutfurai and farmlan~pr, b~on purpo~s~ for which the interest 'therein is b~jn9 acqui~ed, Tt~e~Contractor shall provide, a title policy and.tillg.,irisuranpe,, at a mi~limu~ fp~thb, Sta~'S~,share of the interest ir~ real property being~ obtained. Ir~,,;th¢,' evehucf;,a: fail~re~ i~f. title~ the Contr~, ctor w~[I use the title :insurahce pro~s tpwezds tf~;,p~6hb...,~e, of an ',mterest irt~ another appi:oye~: Parcel b~nt~.in~iJn Apper~d)~: C. br reimburse the 'Depari~,:,eht for the amourrt?~.~ State fund~ P:aidL ' . EASEMENT REQUIREMENTS The Contractor shall require that all easements or other interests in land acq uired under this agreement: 1. run with the land in perpetuity; 2. prevent the land from being converted to non-agricultural uses; 3. require that all amendments to the approved easement be authorized by the Department. APPROVED AGREEMENTS AND MONITORING PLANS The Contractor shall submit the proposed agreements to pumhase development rights or to obtain a conservation easement, the monitoring plan and any subagreement to hold or maintain the interest in real property at least sixty (60) days prior to the planned submission of the payment request for that transaction. The Contractor and the Department shall negotiate the terms and conditions of such agreements and monitoring plans, when necessary. The Department shall advise the Contractor in writing when the agreements and monitoring plans have, been approved. No funds available under this Agreement shall be disbursed until the Contractor's agreements and monitoring I~lan have been approved by the Department. 2 ALIENATION OF DEVELOPMENT RIGHTS The Contractor shall notify the Department in writing if the Contractor proposes to alienate, in accordance with the procedure set forth in Chapter 25 of the Town, Code of the Town of Southold, any of the development tights purchased under this A~jreement. The Contractor shall reimburse to the Department any State funds used~ [or the purchase of any development rights which are subsequently alOha'ted and reunited~w~h the underlying fee title. 't-he. Contractqr is: responsible for complying with all local, state and federal ~aws~ applicable tO,.the work~Perf(~rmed under, this Agreement._ PAYMENTCONTINGENCY Funds for payment under this Agreement are provided to the Department through app[Qpdatlons from the New York State Legislature. These appropriations are made on a fiscal year basis. New York's fiscal year begins on April 1 of each calendar year and ends on March 31 of the [ollowing calendar year. Funds' for payments under this Agreement were appropriated to the Department;during the 2000~ ~ 2001 fiscal year andwere or are expected to be reappropriated during the 200~ - 2002 fiscal year..Payment for work pursuant to this Agreer~gnt~, Which is cempleted or continued by the Contractor after the 2001 - 2002;tTscal year is SUbject to appropriation or reappropriation of funds by the Legislature~Jn each subse~luent~fiscal year. FINANCIAL LIMIT The financial limit of State appropriated funds under this Agreement is Six Hundred Thousand Dollars ($600,000) and the Department shall not be obligated to make any payment to the Contractor in excess of that amount. NON~UPLICATION OF PAYMENTS The payments received by the Contractor under this Agreement shall not duplicate payments received from any other source for the work performed under this Agreement. In the event of such duplication, the Contractor shall remit to the Department the amount which duplicated payment received from other sources. SUBCONTRACTS Any subcontracts under this Agreement shall be in writing and shall clearly describe the goods or. services to be provided and the total cost of such goods or services. Subcontracts for services only shall separately state the rate ,of compensation on a per-hour or perCday basis. FINAL REPORT '~ot I~er than ,sbc[y (60) days, from completion of the work under this Agreement, the'~nf~sctm' shall, file With th~ 'Depa~,'tment a ffRal: writtert report -includi .~j~ ~ m,~p depictia~ tb~ location of pr(~pel/ies Where lO[erests, Were 'purcha~e~;: a ~py .o[ thee recerde~easem~t o~ purchase, of deveJppment rights and aQy, mOnitoring'plans ,or ag~;eernents [or another to hotd~ or ma'ntaln the inte[es,~, ih 're~t pr~ and ~ copy Of~,.the final "budget sho~/~ng project e×penc~t~res, RECORDS, MAINTENANCE, EXAMINATION AND RETENTION 'Fhe Contractor shall maintain records and, accounts in specific detail to ident~ all contract-funds received~ and' expended under this Agreement. The Contractor shall maintain a daily written record that contains the name(s) of the officer(s) 'and employee(s) providing services ~nder this Agreement and the amour~t'of time expended upon such services. The Contract(~r shall maintain the records required under-this paragraph as set forth in Appendix A to this Agreement. INDEMNIFICATION The Contractor agrees to indemni[-y and hold harmless the State of New York and the Department from ail liability incurred by the Department for bodily injury and ,personal property damages resulting from the negligent acts, errors or omissions of the Contractor, its officers, agents or employees in the provision of services under, this Agreement, provided that the Department promptly notifies ~-the Contractor of any such claim and'affords the Contractor an opportunity to defend such claim and cooperates fully with the Contractor in the defense of any claims. 4 B/iINORITY AND WOMEN OWNED BUSINESS ENTERPRISE For this Agreement the Department has established the following goals: Minodty business enterprises 1% Women owned business enterprises 1% ',NON~SECTARIANPURP:OSE The Contractor shall not expend funds received under this Agreement for .any purposes other than for performance of the wor.k under this Agreement, and hereby represents that no contract funds shall be expended directly or indirectly for any private or sectarian purpose. CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT Neither the Contractor, nor its agents, employees, suppliers or subcontractors shall be in any way deemed to be employees or agents of the Department or of the State of New York in performing the work under this Agreement. DEVIATION FROM WORK The Contractor shall perform the work under this Agreement as set forth in the application attached as Appendix C. Any substantial deviation from the application shall require the prior written approval of the Department. TERMINATION The Department may terminate this Agreement for convenience upon giving thirty (30) days written notice to the other party. Upon receipt of such notice from the Department, the Contractor shall immediately cease work and .prepare a statement of costs, expenses and non-cancelable commitments incurred as of the date of such termination. The Department may terminate this Agreement for cause upon giving one (l) day's written notice. The Contractor's failure to perform in accordance with the terms of this Agreement due to circumstances reasonably beyond the Contractor's control 5 should not constitute cause for termination pursuant to this provision. In the event of such failure to perform, the Department may, at its option, either grant the Contractor a specified period in which to correct its performance, or terminate this Agreement in a¢cerdance with this paragraph. MODIFICATION This Agreement may not be modified unless such modification is made in wr~iti~g~ ~xect~ted by the Department and the Contractor~and approved by the Attor, i3~Y:Ge, nem[ and Comptroller of the State of New ¥o~. NECESSARY SIGNATURES Thfs Agreement shall not be binding and effective upon the Department unless and.luntil approved by the Attorney General and the' Comptroller of the State,rof NeTM Yorki 6