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HomeMy WebLinkAboutNYS Dept of Ag & Markets ELIZABETH A. NEVH J.E TOWN CLERK REG~ISTRA~ OF VITAL STATISTICS ~% ~E1 oFFICER REcoRDS, iVIAI~AGE~N~ OFFICER FREEDOM ~F IN~ION OFFICER Town Halt, 53095 Msin Road P.O. Box 1179 Southold, New York 11971 ,Fax (631)765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF ~OUTItOLD MAT3, 2001 Robert B.ottcker Senior Budgeting Analyst State of New York Department of Agriculture & Markets Division of Fiscal Management Albany, New York 11235 Dear Mr. Bettcker: I am transmitting to you four (4) signed signature pages for the proposed Agricultural and Farmland Protection Implementation Grant #C800013 in the mount of $466,775. for the period January 11, 2000 through March 31, 2003. Please return a fully executed copy to my office for filing. Thank you for your assistance. Very truly yours, Elizabeth A. Neville Southold Town Clerk cc: Town Attorney Town Comptroller ELIZABETH A. NEVILLE TOWN CLERK [~EGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 631) 765-6145 Telephone (631) 765~1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 327 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2001: RESOLVED that thc Town Board of thc Town of Southold hereby authorizes and directs Supervisor Cochran to execute a grant agreement with Agriculture and Markets for contract number C800013, Town of Southold Agricultural and Farmland Implementation Grant in the amount of $466,775 for thc contract term of ~anuary 11, 2000 through March 31, 2003 all in accordance with the Town Attorney. Elizabeth A. Neville Southold Town Clerk STATE OF NEW YORK D~PARTMEN¥ OF AGRiCULTUrE,AND MARKETS ALBANY, ~N ~O~ [518} 457-2080 March 8, 2001 jean Cochran. Supervjs.or,, Town of Sou~hOlr~ TOWn Hall, 5~8095 Main Rd., PO Box 1179 South id, NevcYork 11971 Bear' Ms. Cochran: Enclosed for,your r,ev ew is the proposed Agricultural and Farmland Protection Implementation ~!~'nt with this Department plus four copiesef the signature page. $466,775'is being ~made available for this purpose. The term of your agreement is January 1:1; 2006 t~rough March 31, 2003. Please review the agreement carefully, particularly the section labeled "Appendix D - General Conditions;" this refers to the administrative aspects of the grant and our recordkeeping and payment procedures. This section cannot be changed, nor can Appendix.A Which must be included in all State contracts. Before the, cpr~traqt can be considered to be fully executed, this Department, the Attorney G,'e~era[ and. the Office of th& state Comptroller must approve it. t will send you:a f~lly e~ecCed, comp eta copy once a parties have approved it ' Payment will be made to you as follows: ~ At least 60 days before a. payment request is submitted to us, you must send us the proposed agreement(s) to purchase the dev.elopment rights or to obtain a conservatio~ easement, the monitoring plan and a copy of any subagreement between your municipality and another entity to hold or maintain the interest in real property; ~ If ail of,the above are accepted, you will be nOtified in wdting that you may then submit a Standard Voucher to us at least 45 days prior to the planned closing date, along with: a budget report detailing the proposed match, an executed ~urchase agreement with the landowner, an appraisal by a New York state Certified General Real Estate Appraiser, and a title policy in~uring the interest in real property being obtained for the Department's share of the purchase pnce. This will satisfy our concerns that the purchase price is acceptable and supported by an expert appraisal, that clear title to the land has been established, that the easement agreement between the landowner and the municipality is adequate to assure the land's preservation without unduly limiting a farmer's flexibility in managing the land for a variety of agricultural promotion purposed, and that you have an appropriate plan in place to monitor and enforce the provisions of the easement. ~ Once all the above have been satisfied, we will submit the voucher to the Office of the State Comptroller. You will receive payment directly from the Comptroller so that you can purchase the development dghts at a formal closing. Please send all reports and vouchers to: NYS Department of Agriculture & Markets t Winners Circle Division of Fiscal Management, CIO Marilyn Davis Albany;NY 12235 You only need to cdmplete sections three through seven of the voucher. I have enclosed a Standard Voucher for your use. We are required by the Comptroller to use your municipal code as your tax identification number; it is on the top dght of your contract. All payments will automatically be mailed by the Comptroller's Office directly to your county's fiscal address on file with them (usually the Treasurer's Office). Therefore, in order to ensure that your checks will be deposited into the proper account when they are received in the fiscal office, you should confer with your fiscal officer in advance and work out an identifying account number or name to enter in block 5 (Ref/Inv. No.) of the Standard Voucher you submit to us. This identifier will appea~ on the check stub you receive and will enable your fiscal officer to properly identify the check and deposit it into the proper account. If the agreement is acceptable, have each of the five signature pages signed and ngtarized in the space provided. Return the entire ,qrant~ includin,q the five s~_~C_ature pa.qles, to the person indicated at the above address. Once all parties have approved the contract, we will send you a fully executed copy and will ask you to send us the material described above. Finally, ~¢_ase complete and return the enclosed Contractor Information Checklist. You do not need to fill in the bottom portion of the form. Feel free to call Marilyn Davis at (518) 457-6172 if you have questions about the contract or voucher. Call Robert Somers at (518)457-2713 if you have technical questions about your project. Sincerely, Robert Bettcker Senior Budgeting Aha yst cc: M. Davis R. Somers AGREEMENT New York State Department of Agriculture and Markets I Winners Circle Albany, NY 12235-000'1 Agency Code 06000 AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT STATUTORY AUTHORITY: Agriculture and Markets Law Article 2$AAA Contract Number:. C800013 Amount of Agreement: S466,775 Contract Period: 1/1 '1/00 to 3131103 Municipal Code: 47 03 7900 0000 Contractor Name/Project Sponsor: Town of Southold Street: Town Hall, 53095 Main Rd., PO city: Southold Box '1179 Billing Address (if different from above): Street: City: State: Zip: Title/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant State: NY Zip: I1971 THIS AGREEMENT INCLUDES THE FOLLOWING: [] This Coversheet [] Appendix A (Standard Clauses for all New York State Contracts) [] Appendix B (Project Budget) [] Appendix C (Award letter(s) & a portion of Applicant's proposal) [] Appendix D (The Department's General Conditions) [] Appendix E (Federal Conditions) [] Appendix F -Cooperative Agreement 73-2C31-8-440 FOR AMENDMENTS CHECK THOSE THAT APPLY: [] Additional Work If Increase/Decrease in Amount: [] Extension of Time From to [] Increase Amount [] Decrease Amount [] Renewal: __Remaining [] Revised Budget [] Revised Scope of Work [] Other Previous Amount: Increase/decrease New Total: The Contractor and the Depar terms and conditions co CONTRACTOR Signature of Contractor's Authorized Representative: Date: Typed or Pdnted Name of Above Representative: Title of Authorized Representative: Nots~y Public: On this d~y before me per~nal~ ~ppe~d ~ ~, ~y~n . [o me known and known to me to be th~ same person who executed the above instrume~i~ledged th~,exec~tioo ~the same. No~blic, ~tate of NewYork ~~ ~ No. 02Wt6043236 ~ ~ I~ ~ · ~~ras dune ~2, ~ ~ ~ ~ :ment agree to be bound by the ~tained in this Agreement NYS DEPARTMENT OF AGRICULTURE & MARKETS Signature of Authorized Official: Date: Typed or Printed Name of Above Official: Title of Authorized Official State Agency Certification: In addition to the acceptance of this contract. I also certify that edginal copies of this signature page will be attached to all other exact copies of this contract. Office of the State Comptroller: New Y(~rk state Department of Agr culture and ~i~ets I Winners Circle Albany, Ny 12235-0001 Agency Code 06000 AGRICULTURAL AND~FAP~MLAND PROTECTION · li~PLE MEN,;TATI~N~RA NT ' STATUTORYAUTHORITY: Agriculfl,re and Markets Law Articl~ 25AAA Contractor Name?PrOjectSponsor: Town of Southold Contract Number: C800013 Amount of Agraement: s466,775 Contract Period: Mu~.ici.~al Ccae. 1111/00 to 3/31/03 47 03 7900 0000 Street: TOWn: Ha11~53095 Main Rd., PO city: Southold aox 1179 State: NY ~zip:.,1197~l Billing Address (if different from above): Street: City: State: Zip: Tide/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant : THIS.AGREEMENT INCLUDES THE FOLLOWING: [] 'l~is Coversheet * . [] Appendix A (Standard Clauses for all New York State Contracts) [] Appendix B,(Project Budget) , [] Appendix C (Award letter(s) & a portion of Applicant s proposal) [] Appendix D (The Department's'General Conditions) [] Appendi~ E (Federal Conditions) [] Appendix F -Cooperative Agreement 73-2C31-8~440 [] Additional Work [] Extension of Time From to [] Increase Amount [] Decrease Amount [] Renewal: __Remaining [] Revised Budget [] Revised Scope of Work [] Other FOR AMENDMENTS CHECK THOSE THAT APPLY: If Increase/Decrease in Amount Previous Amount: $ Increase/decrease New Total: $ The Contractor and the Depar terms and conditions co CONTRACTOR Signature of Contractor's Authorized Rep~esentat ve Date: ~t~10[ Typed or Printed Name of Above Reeresentative: Title of Authorized Representative: N..~/~ry Public: On this day before me personally appeared ~. (tJ3'~.~YOJ~ , to me known, and known to me to be the same person who executed the above instrument and duly acknowied~. Attorney General: Qualifie~-'~ Sut~lk C"~l~1~.~ (3~ission Expires June'~/~T~ ~ment agree to be bound by the ntained in this Agreement NYS DEPARTMENT OF AGRICULTURE & MARKETS Signature of Authorized Official: Date: Typed or Printed Name of Above Official: Title of Authorized Official State Agency Certification: In addition to the acceptance of this contract. I also certify that original copies of this signature page will be attached to all other exact copies of this contract. Office of the State Comptroller: AGREEMENT New York State Department of Agriculture and Markets I Winners Circle Albany, NY 12236-0061 Agency Code 06000 AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT STATUTORY AUTHORITY: Agriculture and Markets Law Article 25AAA Contract Number: C800013 ^mount of Agreement: 2466,775 Contract Period: 1/11100 tO 3131/03 Municipal Code: 47 03 7900 0000 Contractor Name/Project Sponsor: Town of Southold Street: Town Hall, 53095 Main Rd., PO city: Southold Box '1179 Billing Address (if different from above): Street: City: State: Zip: Title/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant state: NY Zip: 11971 THIS AGREEMENT INCLUDES THE FOLLOWING: [~ This Coversheet [] Appendix A (Standard Clauses for all New York State Contracts) [] Appendix B (Project Budget) [] Appendix C (Award letter(s) & a portion of Applicant's proposal) [] Appendix D (The Department's General Conditions) [] Appendix E (Federal Conditions) [] Appendix F -Cooperative Agreement 73-2C31-8-440 FOR AMENDMENTS CHECK THOSE THAT APPLY: [] Additional Work If Increese/Decreasa in Amount: [] Extension of Time From to [] Increase Amount [] Decrease Amount [] Renewal: Remaining [] Revised Budget [] Revised Scope of Work [] Other Previous Amount: $ Increase/decrease New Totet: $ The Contractor and the Depar terms and conditions co CONTRACTOR Signature of Contractor's Authorized Representative: Typed or Printed Name of Above Representative: Title of Authorized Representative: Notary Public: .On this day before me personally appeared ~ ~J. ~.~.~Y'~['~ , to me known, and known to me to be the s~e p~son ~o executed the above instrument and d~y acknowl~ged t~ e~tion or,he same. Attorney General: .~~w York Qualifi¢ in Suffolk Cou~o~ Com~ssion ~ires June t2,~ lment agree to be bound by the ntained in this Agreement. NYS DEPARTMENT OF AGRICULTURE & MARKETS Signature of Authorized Official: Date: Typed or Printed Name of Above Official: Title of Authorized Official Office of the State Comptroller: State Agency Certification: In addition to the,acceptance of this contract, I aisc certify that original copies of this signature page will be attached to all other exact copies of this contract. New York State Department of Agriculture and ~kets I Winners Circle Albany, NY 12236-0001 Agency Code 06000 AGRICULTURAL: AN D FARMLAND PROTECTION ~ ~MP LEi~iENTATION,GRANT lure and Markets Law Contractor Name/Project Sponsor: TOwn of Southold Contract Number: C80(~013 Amount of Agreement: S466,775 Contract Period: 1/1-~00 to 3/31/03 Municipal Code: 47~ 03 7900 0000 Main,Rd., PO city: Southold state:~NY zip[ 1;'1971 179 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: []?his Coversheet ~:Appendix A (Standard Clauses for all NewYork State C~ntracta) ~ Appendix B (Project Budget) , ~Aj~pendix C (Award letter(s)& a portion of Applicant s proposal) [] Appendix D (The Department's General Conditions) RAppendix E (Federal Conditions) [] Appendix F -Cooperative Agreement 73-2C31-8-440 FOR AMENDMENTS CHECK THOSE THAT APPLY: [] Additional Work [] Extension of Time From to [] Increase Amount [] Decrease Amount [] Renewal: __Remaining ~[~] Revised Budget Revised Scope of Work [] Other If Increase/Decrease in Amount: Previous Amount: $ Increase/decrease New Total: $ The Contractor and the Depar terms and conditions co CONTRACTOR Signature of Contractor's Authorized Representative: Typed or Pdnted Name of Above Representative: Title of Authorized Representative: Notary Public: .On this day before me personally appeared 'F..}~/I J"~ U~. ~Id3J~ , to me known~ a~ known to me to be the same person who execut~ the above instrument and duly acknowledged ~e execution of ~e same. Attorney General: ~' Public, Stats'of I~w York No. 02Wt60~3~3'6- Mualifled in SuffoTk"County/t ~Jommfesion Expires June trnent agree to be bound by the ntained in this Agreement NYS DEPARTMENT OF AGRICULTURE & MARKETS Signature of Authorized Official: Date: Typed or Printed Name of Above Official: Title of Authorized Official State Agency Certification: In addition to the acceptance of this contract, I also certify that original cooies of this signa{um page will be attached to all other exact copies of this contract. Office of the State Comptroller: AGREEMENT New York State Department of Agriculture and Markets I Winners Circle Albany, NY 12236-0001 Agency Code 06000 AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT STATUTORY AUTHORITY: Agriculture and Markets Law Article 2$AAA Contract Number: CB00013 Amount of Agreement: S466,775 ContractPeriod: 1/11/00 to 3/31/03 Municipal Code: 47 03 7900 0000 Contractor Name/Project Sponsor: Town of Sou~hold Street: Town Hall, 53095 Main Rd,, PO City: Southold Box 1179 Billing Address (if different from above): Street: City: State: Zip: Titie/Descripf[on of Project: Town of Southold Agricultural & Farmland Implementation Grant State: NY zip: 11971 THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY: If Increase/Decrease in Amount: [] This Coversheet [] Appendix A (Standard Clauses for all New York State Contracts) [] Appendix B (Project Budget) [] Appendix C (Award letter(s} & a portion of Applicant's proposal) [] Appendix D (The Department's General Conditions) [] Appencfix E (Federal Conditions) [] Appendix F -Cooperative Agreement 73-2C31-8-440 [] Additional Work E~ Extension of Time From to [] Increase Amount [] Decrease Amount [] Renewal: __Remaining [] Revised Budget [] Revised Scope of Work [] Other The Contractor and the Depar terms and conditions co CONTRACTOR Signature of Contractor's Authorized Representative: Da~ Typed or Pdnted Name of Above Representative: Title of Authorized Representative: ~ P~lic~ 00 this dsy before me peraon~lly ~ppe~re~ ~. ~ , to me ~no~ ~nd known ~o m~ lo be ~he 88me person who ~xe~d the ~bove instrumen~ ~nd duly ~c~owled~ed the ~c~~ ~~~ No. ~Wl~6 - ~Quali~}n S~olk ~u~ ~ mission ~plras Ju~ 12, ~ Previous Amount: $ Increase/decrease New Total: $ NYS DEPARTMENT OF AGRICULTURE & MARKETS Signature of Authorized Official: Date: Typed or Pdnted Name of Above Official: Title of Authorized Official State Agency Certification: In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to ail other exact copies of this contract. Office of the State Comptroller: :merit agree to be bound by the ~tai ned in this Agreement r~on of race, crud, color, a,-~omml or~giu, a~, s~ ~ (~) ~ ~ ~g ~ ~y New Y~ S~ c~ ~o ~on i~ by i~is~:ed or ¢~diied ~ zemm r~l~ 20. OlvI~N~BUS P~OCLrREMENT ACT OF I~92.' ~ is ~he policy ~fNew york S~te to ~ opponuni~ f~ ~he ~ardelpafion Departraent of Economic DeVe~lmlen~ ~ertmses is available fi'om: DeIm~mm~ ~B~c D~ and subcon~,'ineiudhag eemffie~ minority aud women- ovmed busLu~s ~nte~e% on th~ projec~ ~ud has mmiu~ the BUDGET - Tow~ of Southold, Suffolk County State funding can be used to purchase the development rights on any of~ the properties listed below: t,,R,.. Sehr¢~ber? OregonRoad, Cutehogue, SCTM# 095~01-004. 32+ acres ofsq¢ t Esfimate~ cost =~$320s000. %M, Laeb. OregoaRoad, Cutchogue. SCTM~083-03-002. 12; acresoff~l~land. Esfima~ ~g= $120,000. . 3~: ~ ~flo~. M~fldie Roa~ ~ffi~c~ sC~ 107-10-003 ~ 0~, 32 a~ of potdtoes~d ~e~n:~. Distfi~ Emim~ed cost = ~3'20,0~. 4,~Conway. ~ddld Road, Somhold. SC~ 063~1-00t.5. 8.5 acres of vegetables. Esfima~efl e°~= $~00,000. .~.~. ge~ ~ Ko~ Cutc~e. SC~ 102-02-023. 40+ acres of~e and p~e~ ~ ~ Di~dt~ E~mated eo~= $450,000. ~. ~.~msg ~ ~; M~n Road, Sou~old SC~ 05&01-011 & 056-03-013.3.54 a~ State G~nt Efl~ronmental Protection ~und Cle~n~r/Clea~ Water Bond Act Local Match Cash . lfi-K~d $ 28,704 $466,775 $i40,160 $ 25~000 Total $660,639 George E. Pataki Governor STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS January 11,2000 Na~anL Rudgem Commissioner Jean W. Cochran, Supervisor Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Dear Supervisor Cochran, I am very pleased to inform you that the Department of Agdcutture and Markets has awarded the Town of Southold the sum of $495,479 to assist the Town in its farmland preservation efforts. These funds may be used to pumhase development dghts or conservation easements on any of the properties you submitted for consideration under your Agricultural and Farmland Protection Implementation Grants application. Before the state funds can be provided for the purchase of easements or development dghts on any of the.approved properties, it will first be necessary to develop a contract between the Department and the Town. This contract must contain, at least, an agreed upon plan of work and budget. Project expenditures, which occur prior to the 'approval of the contract by the State Corc, 13troller, might not be reimbursed. Therefore. we strongly advise that you not incur any expenditures for which state reimbursement will be sought until the contract is approved. n order [o facilitate the timely development of a contract, I am requesting thdt you identify the principal contact person with whom you would like us to work. Please provide this information to Robert Somers who heads our Agricultural Protection Unit. He may be reached by phone at 518-457-2713, by fax at 518-457-2716. or by mail in care of the Department's main offices located at I Winnere Circle, Albany, New York 12235-0001. The Department looks forward to working with you in preserving your valuable farmland resources for agricultural production purposes now and in the future. Sincerely, NATHAN L. RUDGERS Commissioner of Agriculture and Markets Qf the State of New York cc: Richard C. Ryan, Chairman, Town of Southold Land Preservation Committee Ken Schmitt, Chair, Suffolk County AFPB 1 Winners Circle ~ Albany, New York 12235 ~ Phone: (518) 457-8876 ~, Fax: (518) 457-3087 ~ printed on recycled paper ~ Wo COCB~a~I SUPERVISOR Town Hall, 53095 !~aln Road 1~.O. Box 1179 Southold, New York 11971 Fax (516] 765-1828 Telephone (~;16) 765-1889 O~IC]~ OF.T~E S~UPERVl~OR ~ ~TOwlxT[ OF :~OUTIqO LD Purchase of Dovelopmen~ Rights of selected farmtauds within ~he Town of Southold. Town of Southold, Suffolk County, NY By:. ~lean W. Coohran~ Supervisor- Town of Southold RJchsrd C. Rya~ Chairman - Town of Sou~.ho~d Land Preservation Comm. Addre~ & TeI.~:_ ~wn ~ 53095 Main Road PO Box 1179, Sou~hold~ NY 11971 T~. (5~76S-~SS9 F~-(5 t6) 765- ] 823 ~e~ted.2, MaximUm available~ Towa funds presently available (via bonding) approximate $2 I~lion. Commence August 311 1999 End (approx_) October 1, 2000 ~UPEI~r/50R Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1889 OFFICE OF THE SUPERVISOR *TOWN OF SouTHOLD Proiec/Summary The Town of Southold proposes a cooperative effort under terms of the 1996 Clean Water/Clean Air Bond Act and the I993 Environmental Protection Fund for Agricullmal- and Farmland Protection Implementation Projects, to acquire the development rights.to agricultural propalies. Said properties, which have been submitted by their owners to the Land Preservation Committee (LPC) of the Tca~n of $outhold for sale of such' rights to the Town. The common characteristics of these prap~tles and the community in which fl~y are situated are described below. The plan under which the Town proposes io utilize its own, and other publicfunds, has been reviewed and hpproved by the Suffolk County Farmland Protection Board, as required (see Attachment "C"). Agr/_eulmre in/he Town of Sou/hold: The Town of Southold has been a farming c~mmunity since les founding over 350 years ago. The ensuin8 years lmve seen many changes, most noticeably population increases and the encroachment of home building, since the early 1950's. The Town is located abwat 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 eamvard and has developed most of the farmlands of western Suffolk County and continued expansion into the eastern extremity as well. Agricultural products are shipped to these populated areas from Southold Town, as.well as to other New England locations. A:sigrdficant amount of farm produce is retailed from farm stands to local residents an_d tourists frequenting the Town. A large and thriving agricnitural community exists in the Town, but its long-term viability remains threatened by pressures of land development. The Town comprises an area of about 34,000 acres, from Peconic Bay to Long Island Sound, and contains over 10,200 acres of agricultural land. The Town is part of Suffolk County Agricultural District No. I, which encompasses about 5900 acres within town-boundaries. An infrastructure is in place in eastern Suffolk County, m support igricultural enterprises. Offices of the Farm Bureau, Comell Cooperative Extension, farm credit agencies and farm equipment and supply dealers are.in close proximity. Agricultural practices are ever evolving, with wine grapes, vegetables, nursery and greenhouse stock, and sod becoming production leaders_ CtaxO~t st~srics indicate the full~ag ~ituml acreage and resp~ve ~g, wren · e TO~ of S6uthold: 1820 a~es: vege~les ~d ~ 1743 acr~: ~ey~& 856 acr~z pot~o~ t503 aer~: ~lowl~ 76~ a~em nu~ ~d ~ees 665 ~ sod 954 a~:~hay, ~e ~d o~er ~s H~n of Work ~ Recognizing the inexorable encroachment of development on farmland, and RS a,,tondant deg~fon *o a rural chara~er and sense ofplae~ the Towa Board has pursued a vigorous program ofAgri~Ru'al.Lands Preseoration. Loewi Law first established the o~Lrrent LPC Lq 1983_ The tasks and goals of the Corm-nitres are gpolled out in Chapter 25 - Agrioulhwal Lands Preservation, of the T 0~,m Code (see. Aliachrnent ~ A~). Selection of candidate farmland ~parcels for pres~ti0n is performed in accordance with Chapter'25 and a ~t of criteria e~fabhshed by tlie LPC (see A/ffachrnent B ). Th~e fa~ors meet the qualif3dag thresholds of S oas ¥or s ato and Law. Add,aery, the .own Code de~dls PrOMbitions and resM~ions on m and/Or atiemltion ofthereby~pre.s~rved agrie~dmral ~ In I983,1987, 1991 and 1994, the Town of Soathold voters approved bond issue% eamh for $1.75 Mi. Ilion:and again in 1996, 1997 and 1998, each for $2. Million, to .a~quire farmland development fights in order to preserve important agricultural lands and the farming ecoaomy~ a~ well as other open spaces within the Town. Thusly represented ($13. Mqlllon) is the ~efious and ded~mted commitment of the comnmnity to its quality oflifu. ~ The commitment continueD. The remaining available funds of the above-noted approved bond referendums (approximately $2. Million) will be applied to the mats of pui'dmsing the project parcels herein listed. Further, the Town is working closely with third-party land trusts, in certain instances, where other forms of easement and fee acquisition enhance the development rights pumhase. Additionally, the Town Board is joining in partnership with Suffolk County, to jointly share acquisition costs for contain projects deemed worthy of preservation. These approaches effectively "leverage" more agricultural lands into preservation, at less cost to all partners (basi,cally, the approach represented in this application). The ongoing program will be conducted much in the same manner as in the past. As will be shown heroi~ farmland-owner applications are in hand, which exceed.the level of town funding presently available, if all were purchased. Additional applications are always forthcoming. Itis expected this pattern will continue andmay accelerate dependent upon economic influences, public awareness and funding. The LPC is also commencing om-reach, initiating a solicitation of owner-applications from selected priority areas of important agricultural lands in the Town. T~/me~ble: Purchase Contract ~ecutions are a responsibility of legal counsel to the respe~ve parties. Evaluations and appraisal reviews are an initial task of the LPC, thereafl~er approved by by the Town Board and subject to a public hearing. Based on past experience, the funding currently available (as supplemented by any grant award resulting from this application) is expected to be disbursed or ~ontractually obligated by October, 2000. Deliverables The Town of Southold is ready to participate in this program with the State of New York Department of Agriculture and Markets. The Town enjoys a history of successful, committed protection Of its agricultural resources through.purchase of development rights. The above- referenced project parcels attest to ifie fact there are willing farmland owners ready to sell such rights to the Town. Some of these project parcel owners may ultimately choose not to sell, however experience has shown that most purchases are accomplished, when pursued with concerted effort. Generally, the development rights are now within a cost range of $9,000. to $11,000. per aero, with the preponderance tilted towards the higher end ortho range, reflecting the new-inflationary influences of the development/agricultural land market in the Town. The process of review, recommendation, negotiation and contrac~closk~g, involves the Town Board, the Town Attorney, arid tho members of the LPC, spe64fically: Chairman: R/chard C. Ryan, ?.L.S.; Licensed real estate broker, Real Estate Officer ~ (NYSDOT/DEC), retired. t~ember~: James ?ira, P~E.; Suffolk County Department of Health Services (water quality) Nore~n McKenna, Coop. Ed. Coord. - Southampton College; farmer. Ray Huntington, bas,ness administrator, retired. Fred Le~ member ~ Cornell Coop. Extension Agricultural Program Advisory Committ6e; farmer. Reed Jan4s, vineyard manager. Joseph Kmkosld, member- Suffolk County~Farm Select Committee; farmer. ~ndget. Approximately $2. Million remains available in Town bond funds, for application to the acquisition costs associated with tho above-referenced project parcels. Normal overhead expenses and ordinary soR costs, are anticipated as additions to the atto. ai costs of development rights purchase. -- A. Outstanding Offer-AppYw~ionr All proj~ ~reels he~e~n ~sted have lando~er appli~a~ for development ~gh~ purc~, ~ently submi~ W ~e LPG applic~ions ~p~ent ~ppro~mately I80 acr~ of p~u~ve fa~hnd; ha~ng ~imat~ ~evelopment fights pu~s~ in ex~ of:$L~ ~ ' ' ' ~ B. Wot ~ Pro~ess:~The~bov~m!eren~:,appli~tions ~e'in..the pro~s of rcvie% appeal ~d' ~M~fion. by ~e ~C. P~ch~e off~s~for t~ devel~meflt fi~tS ~d ~r ~n~ n~o~fions, ~e fo~ung. C. ~ddd~ion ~d $~s ofProje~ P~s (in pdofi~ order). ~div~duM maps for ~ach proj~t ~e ~ched ()~c~ent "D"): ~ ~'L ~ Sch~eiber. Often Ko~ ~wh0~e. SC~ 095411-004. 32& a~es Esfi~ted co~ = f(~L ' 2. M. L/eh. Oyegon Road, Cuwhogue. SCTI~ 083-03-002. 12+ acres of fallo~land; % {~7~mated cost = $120,000. · fi ~,~, & & &C, Sidoro Middle Road, Malfituelc $CTI~ !0%10-003 & 004. 32+ acres of ~ potatoes and rye; in Ag. Diattict. Estimated cost = $320,600. / ~, .. ~ 4~ Go C~nway, ~Middle .... Road, Southold SCTM~ 063411 4101 5. 8.5 acres of vegetables. E~mated cost =$100,000. °~- tt~ ~ $. & & So Sco~ Main Road, Cmchogue. $CTMg 102-02-023.40+ acres of rye and t-/pfiature; in Ag- District. E~mated cost = $450,000. - 6~ 4. ]go Ernst & om. Mah3 Road, Southold. SCTM.g 056-01-011 & 056-03-013.3.54 acres bf fallowland. Estimated'mst = $550,000. Other applications before the LPC, are not her~listed for reasons of current priority and funding considerations. g~e.ment~: the Town of Southold holds the development rights, 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 pu_bl~ hearing, prior m adoption. The management/monitoring of the terms of each easement, is currently a task of the LPC. Suffolk County Agricultural and Farmland PYotection Board c/o Comeg Cooperative Emension - Suffolk Coutw/ 246 Grfffing Avenue, River~eaa, NY 11901-3086 August2,1999 Marjorie Brague, Director DNision of Fiscal Management NYS Dept. Of Agriculture and Markets I Winders Circle Albany, New York 12235 Dear Ms. Brague: The ~uffo~ County Agricultural.and Farmland Protection Board met 09 August :2, 1999 to m~[ew ~e Co~ pmpos~ for matcl~, g $~am ~ for t~e SuffOlk Co.u~ Agriculture a~d Fanulanc~ Protection Prograin and to 'r~v~e~ proposals from local munic~pahties for State funds for their progl'ams~ The. Town of Southold's application w~s considered and the Suffolk Coun~ Agricultural and Farmlond Protection Board voted to endorse the Town's gram applieafiom Sincerely, Kenneth Schmitt ChaLrman SinS'elk County Agricultural and Farmland Protection Board APPENDIX D Ne~v York State Department of Agriculture and ~/larkets These ,generai~ · conditions· ~ ~ ~ app~y~ ~ ~o ~e. ad~inis~at~ve, ,, ~ asp~ec~ of the G~s~ Ag~ee~p~,,~d ~ef~e~Ne~o~E. ~'s c~~ Ct m dkee" .... ~ · .~. ~ . ~ ~ ~n and payme~p~oc~ Th~e genera~n~[fi~s~ ~nnot be changed, - PAYA~ENT . ,.~.gPa~me.qt~Rf ....... state funds shall be made to the Contractor after~ approval of thJ,s ~reemie~ft ~y the~ State Comptrolier upon the submission=~f.~a payment requ~ {S~an~iard VOucher), an exelcuted pumhaSe agreement with the landowner,, a bud et re or[ data,in the Contractor's atc · .. g P g ~ nl h. two copies of an appraisal .b~ a I~ew York State Certified General Real Estate Appraiser, the requ~ed tifi~ policy,, a copy of all subordination-agreements,"~d approved. ease~en't ~r pu, mhase 'of development rights, a monitoring plan~, and' any ~greE~e~nt..~etw~en the Contractor and another to hold 0r~aintair~ ~he interest ih teaFprop(~dy The COntractor shall submit all requests for payment, reports and suppo, rting documents to the following address: NYS Department of Agriculture and Markats~ Division of Fiscal Management, I Winner's Cimle,, Albany, NY 12235. Invoices, standard .vouchers and any reports will not be considered received by the'Department.and any interest which may be due the Contractor will not begin to accrue until they have been received by the Division of Fiscal Management. Payment to the Contractor under this Agreement shall not be made unless the Contractor shall have submitted to the Department a wdtten payment request together with such information as required .by the Agreement. Payment shall not be due until the 60th calendar day after receipt of the payment request, where ;contract funds have been ,appropriated and made available to the ~epart~ent Upon. examination of the Contractor's payment request and supporting . material, the Department may, in its sole discretion, modify or adjust the amount requested to reflect contract funds expended- as of the date of the request. Subsequent'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 costsand expenses adsing from the completion of the work under this Agreement. T~TLE The Contractor shall ensure that.the title to the lands or interests therein shall be unencumbered or, if encumbered I~y outstanding or reserved interests, the Contractor shall ensure that such encumbrance shall not interfere with the agricultural and farmland protection purpose for which the interest therein is being acquired. The Contractor shall provide a title policy and title insurance, at a minimum, for the State's share of the interest in real property being obtained. in the event of a failure of title, the Contractor will use the title insurance proceeds towards the pumhase of an interest in another approved pamel contained in Appendix C or reimburse the Department for the amount of State funds paid. The Contractor shall require that all easements or other interests in land acquired under this agreement: 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 [~ONITORING 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 Depa~ment shall negotiate the terms and conditions of such agreements and monitoring plans, when necessary. The Department shall advise the Contractor in writing when the agreen~ents and monitoring plans have been approved. No funds available under this Agreement shall be disbursed until the Contractor's agreements and monitoring plan have been approved by the Department. 2 COMPLIANCE WITH LOCAL,.STATE AND FEDERAL LAWS The Contractor is responsible for complying with all local, state and federa laWs appJ Cab e t~.th~ wo~ Performed under this Agreement. PAYMENT:CONTiNGENCY this Agreement are Pr0vJded tothe Department the New York State 12egjslature_ These ,..uuu-~ ~,,,u ~ year. yea:r. F~NANC~AL LI~IIT The financial limit of State appropriated funds under this Agreement-is Four Hundred Si×fy=si× Thousand Seven Hundred Seventy-five Dollars ($488,775) and the Department shall not be obligated to make any payment to the Co~tractor in excess of that amount. NONq0[JPLtCAT~ON OF PAYMENTS The paymbnts 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 D~par~ment the amount which duplicated payment received from other sources. SUgCONTRACTS Any subcontracts under this Agreement shall be in writing and shall clearly descdbe 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 per-day basis. F~NAL REPORT Not later than thirty (30) days from completion of the work under this Agreement, the Contractor shall file with the Department a final written report including: a map depicting the location of properties where interests were purchased; a copy of the recorded easement or purchase of development rights. and any monitoring plans or agreements for another to hold'or maintain the interest in real property; and a copy of the final budget showing project expenditures, P~ECORDS ~AINTENANCE, EXAMINATION AND RETENTION The Contractor shall maintain records and accounts in specific detail to identify all contract funds received and expended under this Agreement. The ContractOr shall maintain a daily written record which contains the name(s) of the officer(s) and employee(s) providing services under this Agreement and the amount of time expende? upon such services. The Contractor shall maintain the records required under this paragraph as set forth in Appendix A to this Agreement. iNDEmNiFiCATION The C~ntractor agrees to indemnify and hold harmless the State of New York and the Department from all liability ~ncurred 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 a'n)? claims. ~INOP~ITY AND WO~EN OWNED BUSINESS ENTERPRISE For this Agreement the Department has established the following goals: Minority business enterprises 1% Women owned business enterprises 1% 4 NON-SECTARIAN PURPOSE The ..Con~ractor shalJ not expend funds [ecei~ed under this Agreement for any~ pu~'PO~ other 1hun for'performance of the work under ~this Agreement;: and hereby r. epresen'ts:-that no, contract funds: ShalLbeexpended directly or indirectly fo~"an-y Pdvafe o~:'sebtadan,;~,purpoSe.` -~ : L CONTRACTOR NOT DEPARTMENT, EMPLOYEE OR AGENT Neither the Contractor, nor its agents, employees, suppliers or subcontractom shall be in any way deemed to be employees or agents of the D~partmen~:,,or of the Slate 'of. New York in p~rforming the work under this Agreemeht. ~ DEViATiON FROM WORK The Contractor ~hall 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. TER~NAT~ON 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 (1) day's wr'riten notice. The Contractor's failure to perform in accordance with the terms of this Agreement due to circumstances reasonably beyond the Contractor's control 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 Co~tractor a specified period in which to correct its performance, or terminate this Agreement in accordance with this paragraph. ALIENAT~ON OF DEVELOPMENT RIGHTS The Contrac[or Shall notify 'the Department in writing if the Contractor proposes to alienate, in accordance with the procedure set fo[th in Chapter 25 of the Town Code of the Town of Southold, any of the development rights purchased under this Agreement. The Contractor shall reimburse to the Department any State funds used for the pumhase of any development rights which are subsequently aliena~ted and reunited with the underlying fee title. ~ODIFtCAT~ON This Agreement may not be modified unless such modification is made in writing, executed by the Department and the Contractor and approved by the Attorney General and Comptroller of the State of New York. NECESSAP~Y $~GNATURES This Agreement shall not be binding and effective upon the Department unless and until approved by the Attorney General and the Comptroller of the State of New York. f518 457-2080 ~ * S~T~A~E OF NE,W YORK 'DEPARTMENT OF AGR~L"~URE AND MARKETS 1 WINNERS CIRCLE ALBANY, NEW YORK 12235 July 16. 2001 Jean W. Cochran Town of Southold Town Hall. 53095 Main Rd., PO Box 1179 Southold, NY 11971 Dear Ms. 'Cochran: Enclosed is a fplly-executed copy of you¢ Agricultt~ral and Farmland lrfiple~h~tYt~lon G~nt ~lth-~h~s Department. Sincerely, Sean P. O'Bden Contracts Manager cc: M. Davis ~ ~INTED ON RECYCLED PAPER AGREEMENT New York State Department of Ag riculture 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 Contract Numbar: C800013 Amount of Agreement: $466,775 ContractPertod~ 1111100 to 3131/03 Uun~c,pa~ Code: 47 03 7900 0000 Contractor Name/Project Sponsor: Town of Southold Street: Town Hal!, 53095 Main Rd., PO city: Southold Box 1179 Billing Address (if different from above): Street: City: State: Zip: Title/Description of Project: Town of Southold Agricultural & Farmland Implementation Grant State: NY Zip: 11971 THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY: If Increase/Decrease in Amount: [] This Coversheet [] Appendix A (Standard Clauses for all New York State Contracts) [] Appendix B (project Budget) [] Ap,pendix C (Award letter(s) & a portion of Applicant's proposal) [] _A'~pendix D (The Depar[ment's General Conditions) [] A~olpendix E (Federal Cc~nditions) [] ~ppendi× F -Coopei'ative Agreement 73-2C31-8-440 [] Additional Work [] Extension of Time From to [] Increase Amount [] Decrease Amount [] Renewal: _Remaining [] Revised Budget [] Revised Scope of Work [] Other Previous Amount: $ Increase/decrease New Total: $ The Contractor and the Depar terms and conditions co :ment agree to be bound by the ltained in this Agreement Signature of Contractor's Authorized Representative: CONTRACTOR NYS DEPARTMENT OF AGRICULTURE & MARKETS Signatu Official: Date: 5~¢,10t i ~,~vS Typed or Pdnted Name of Al~ov~ ~eprasentative: Title of Authorized Representative: Date: Typed or Printed Name I Ruth A. Moore Title of Authorized Official Notary____Public:. --On this day before me personally appeared "~9.JCt ~,~. ('J~_.VtYO.~ , to me known, and known to me to be the same person ~vho executed the above instrument and duly acknowledge. ~rr~ssion Expires June State Agency Certification: In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract. Office of the State Comptroller: BUDGET - Town of Southold, Suffolk County State funding can be used to purchase the development rights on any of the properties listed below: L IL Schreiber. Oregon Road, Cutohogue. SCTM~ 095-01-004. 32+ acres of sod. Estimated cost = $320,000. 2. M. Lieb. Oregon Road, Cutchogue. SCTM~ 083-03-002. t2+ acres of fallowland. Estimated cost =$120,000~ . - 3. J, & C. Sidor, Middle Road, Mattituck. SCTM# t07-10-003 & 004. 32+ acres of potatoes and rye; in Ag. District. Estimated cost = $320,000. 4. G. ConwaIt. ididdld Road, Southold. SCTM# 063-01-001.5. 8.5 acres of vegetables. Estimated cost = $100,000. 5. J, & S. Scott; Main Road, Cutchogue. SCTM# 102-02-023.40+ acres of rye and pasture; i'n Ag. District. Estimated cost = $450,000. 6. g. Ernst & ors. Main Road, Southold. SC'TM_~ 056-01-011 & 056-03-013.3.54 acres of fallowland. Estimated cost = $550,000. State Grant Environmental Protection F~nd Clean Air/Clean Water Bond Act Local Match Cash In-Kind $ 28,704 $466,775 $140,160 $ 25~000 Total $660,639 George E. Pataki Governor STATE OF NEW YORK DEPARTMENT OF AGRICULTUREAND MARKETS Janua~ 11 2000 Nathan L. Rudgers Commissioner Jean W. Cochran, Supervisor Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 1197'1 Dear Supervisor Cochran, I am very pleased to inform you that the Department of Agriculture and Markets has awarded the Town of Southold the sum of $495,479 to assist the Town in its farmland preservation efforts. These funds may be used to purchase development rights or conservation (~asements on any of the properties you submitted for consideration under your Agricultural and Farmland Protection Implementation Grants application. Before the state funds can be provided for the purchase of easements or development rights on any of the approved properties, it will first be necessary to develop a contract between the Department and the Town. This contract must contain, at least, an agreed upon plan of work and budget. Project expenditures, which occur prior to the approval of the contract by the State Comptroller, might not be reimbursed. Therefore, we strongly advise that you not incur any expenditures for which state reimbursement will be sought until the contract is approved. In order to facilitate the timely development of a contract. I am requesting that you identify the principal contact person With whom you would like us to work. Please provide this information to Robert Somers who heads our Agdcultural Protection Unit. He may be reached by phone at 518-457-2713, by fax at 518-457-2716, or by mail. in care of the Department's main offices located at 1 Winners Circle, Albany, New York 12235-0001. The Department looks forward to working with you in preserving your valuable farmland resources for agricultural production purposes now and in the future. Sincerely, NATHAN I. RUDGERS Commissioner of Agriculture and Markets of the State of New York CC: Richard C. Ryan, Chairman, Town of Southold Land Preservation Committee Ken Schmitt, Chair, Suffolk County AFPB I Winners Circle ~ Albany, New York 12235 ~ Phone: (518) 457q~876 ~ Fax: (518) 457-3087 ~ pdnted on mcyc{ecl pape~ JEAN W. COCHRAN SUPERVISOR Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD ,.l'roiect Title: Purchase of Development Rights of selected farmlands within the Town of Southold. Town of Southold, Suffolk County, NY By:..rean W. Cochran, Supervisor - Town of SouthoM Riohard C. Ryan, Chairman - Town of Southold Land Preservation Comm. Address & Tel~: Town Hali, 53095 Main Road PO Box 1179, $outhold, NY 11971 Tel. (516) 765-1889 Fax (516) 765- 1823 Amount Re uested: Maximum availabl~ Town funds presently, available (via bonding) approximate $2 Million_ Duration of Project: Commence August 31, 1999 End (approx.) October 1, 2000 JEAN W. COCItRAN SUPEi~VISOR Town Hall, 53095 Main Ro~d P.O. Box 1179 Southold, New York 11971 Fax ($16} 765-1823 Telephone (516} 765-1889 OFFICE OF TI:IE, SUPERVISOR TOWN OF SOUTHOLD Pro|oct Summary The Town of Southold proposes a cooperative effort under terms of the 1996 Clean Water/Clean Air Bond Act and the 1993 Environmental Protection Fund for Agricultural- and Farmland Protection Implementation Projects, to acquire the development rights to agricultural prope~ies. Said properties, which have been submitted by their owners to the Land Preserva~on Committee (LPC) of the Town of Southold for sale of such' fights to the Town. The common characteristics of these properties and the community in which they are situated are descn'bed below. The plan under which the Town proposes to utilize its own, and other public funds, has been reviewed and ~pproved by the Suffolk Coumy Farmland Protection Board, as required (see Attachment "C"). Agriculture in the Town of Southold: The Town of Southold has been a farming community since it's founding over 350 yesrs ago. The ensuing years have seen many changes, most noticeably population increases and the encroachment of home building, since the early t950's. The Town is located about 100 miles fi.om 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 oxpanding eastward and has developed most of the farmlands of western Suffolk County and continued expansion ~nto the eastern extremity as well Agricultural products are shipped to these populated areas from Southold Town, as-well as to other New England locations. A signifieant amount of farm produce is retailed from farm stands to local residents and tourists frequenting the Town. A large and thriving agricultural ~ommunity exists in tho Town, but its~long-term viability remains threatened by pressures of land~ development_ The Town comprises an area of about 34,000 acres, from Peconic Bay to Long Island Sound, and.contains over 10,200 acres of agricultural land: The Town is part of StLffolk County Agricultural District No. 1, which encompasses about 5900 acres within town-boundaries. An infrastructure is in place in eastern Suffolk County, to support agricultural enterprises. Offices of the Farm Bureau~ Cornell Cooperative Extension, farm credit agencies and farm equipment and supply dealers are in close,proximity. Agricultural practices are ever evolving, with wine grapes, vegetables, nursery and greenhouse stock and sod becoming production leaders. Current statistics indicate the following agricultural aerenge and respective use, within the Town 0fSouthold: 1820 acres: vegetables and fruits 1743 acres: vineyards 856 acres: potatoes 1503 acres: fallowlands 763 acres: nursery and trees 665 acres: sod 954 acres: hay, rye and other grains 161 acres: greenhouse uses 156a~cr~: pasture~ . . 7,495 acres - Tot Plan of Work Planning Document: Recognizing the inexorable encreaehment of development on farmland, and its attendant degradation v0 a rural character and sense of place, the Town Board has pursued a vigorous program of Agricultural Lands Preservation. Local Law first established the current LPC in 1983. The tasks and goals of the Committee are spelled out in Chapter 25 - Agricultural Lands Preservation, of the Town Code (see Attaclunent "A"). Selection of candidate farmland ~parcels for preservation is performed in accordance v~th Chapter 25 and a set of criteria established by the LPC (see Attachment "B"). 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 ofthereby-preserved agricultural lands. ~'rlor Activity: In 1983,1987, 1991 and 1994, the Town of Sonthold voters approved bond issues, each for $1.75 Million and again in. 1996, 1997 and 1998, each for $2. Million, to acquire farmland development fights in order to preserve important agricultural lands and the farming economy, as well as other open spaces within the Town. Thusly represented ($13. M'glion) is the serious and dedicated commitment of the community to its quality of life. Present Pro~eet: The commitment continues. The remaining available funds of the above-noted approved bond referendums (approximately $2. Million) will be applied to the costs of purchasing the project parcels herein listed. Further, the Town is working closely with third-party land trusts, in eeFafin 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 parmers Coasieally, the approach represented in this application). The ongoing program will be conducted much in the same manner as in the past. As will be shown herein, farmland-owner applications are in hand, which exceed the level of town funding presently available, if all were purchased. Additional applications are always forthcoming. It is expected this pattern will continue and may accelerate dependent upon economic influences, public awareness and trading. The LPC is also commencing out-reach, initiating a solicitation of owner-applications from selected priority areas of important agricultural lands in the Town. .Timetable: PurChase ContrbXzt executions are a r6spbas'~bitity of legal counsel to tho'-respective parties. Evaluations and appraisal reviews are an initial tast~ of'the LPC, there, a~r approved by by the Town Board and subject to a public hearing Based on past experience, the funding currently available (as supplemented by any grant award resulting'fromthis application)'is expected to be disbursed or contractually obligated by October, 2000. Deliverables, The Town of Southold is ready to participate in this program with the State of New York Dopar~ent of Agriculture and MarketS. The Town enjoys a history of successful, committed protection 6f its agricultural resources throughpurchase of development rights. The above- referenced project parcels attest to the fact thoro'are willing farmland owners ready to sell such rights to the Town. Some of these project parcel owners may ultimately choose not to sell, h~wever experience has shown that mo,st purchases are accomplished, when pursued with concerted effort. GenCn~lly, ~he development rights are now within a ~:ost range, oF$9~000, to $I 1,000. per acre~ witti the~preponderance tilted' towards ~he higherend~ofthe range;reflecting the no w-inflationary influen0eS of'the development/agffeultu~al land market in the Towr~ Key Personnel The process of review, reconunendation, negotiation and contract/dosing, involves the Town Boazd, the Town Attorney, arid the members of the LPC, specifically: Chairman: Richard C. Ryan, P.L.S.; Licensed real estate broker;, Real Estate Officer ~ (NYSDOT/DEC), retired. Members: James Pim, P.E.; Suffolk Coun~r Department of Health Services (water quali~) Norcen McKenna, Coop. Ed. Ccord. - Southampton Co/lege; farmer. Ray I-~unting~on, business ad--r, retired. Fred'Lee, member ~ Comell Coop. Extension Agricultural Program Advisory Committee; farmer. Reed Jarvis, v~neyard manager. Joseph ICmkosld, member - Suffolk County Farm Select Committee; farmer. Budget Approximately $2. Million remains available in Town bond funds, for application to the acquisition costs associated with the above-referenced project parcels. Norm_al overhead expenses and ordinary soft costs, are anticipated as additions to the actual costs of development rights purchase. .Present Status: A~ Outstanding Offer-Applications: All project parcels herein listed have landowner aplSlications for development rights purchase, currently submitted to the LPC. These applications represent approximately 180 acresof productive farmland; having estimated development rights purchase-costs in excess of $1.8. B. Work in Prog[ess: The aboye-referenced applications are in the process of review, appraisal and evaluati0n, by the LPC. Purchase offers for the development fights ~ndr further comet negotiations, are forthcoming. C. Brief description and Status of Project Parcels (in priority order). Individual maps for each project are attached(Attachment "D"): 'L lq, Schreiber. Oregon Road, Cutchogue 32+ acres of sod, · . scm#095-0 -o04. Estimated cost = $320,000, ' ' 2. M. Lieb, Oregon Road, Cutchogue. SCTIvi~ 083-03-002. 12+ acres of faItowland. ~maled cost = $120,000; . . & & C. Sidor, Middle Road, Mattltudc SCTM//107-t 0'003 & 004. 32+ acres of and rye; in Ag. Di~hiet. Estimated co~t= $320,000. .rlm / 97~' 4, G, Conway. Middle. Road, Southold. SCTMg063-01-001.5. 8.5 acresofvegetables. ~ - Estimated cost = $100,000. . A~ 5'&&S'Sc°tt'MalnR°ad,Cutch0gue-SCTM~102-02'023-40+acres°fryeand· 'l-/pKsture; in Ag. District. Estimated cost -- $450,000. 6~ 6. ~ E, rnst & ors. Main Road, Southold. SCTl~ O56-O1-011& O56-03-013.3. 54 acres bf fallowland. Estimated'cost = $550,000. Other applications before the LPC, are not here-listed for reasons of current priority and funding considerations. Easements: the Town of Southold holds the development rights, 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 easemem requires a public hearing, prior to adopfion~ The management/monitoring of the terms of each easement, is currently a task of the LPC. Suffolk County Agricultural and Farmland Protecffon Board cio Cornell Cooperative Ex~ensien - Suffolk County 246 Grilling Avenue, Riverheac[. NY 11901-3086 August 2, 1999 Marjorie Brague, Director Division of Fiscal Management NYS Dept. Of Agriculture and Markets 1 ~W'mners Circle Albany, New York 12235 De. ar Ms. Brogue: The Suffolk County Agricultural ar/d~ .F~d'proteetio~gogrd met on August 2, 1999 to r~iew aa, County rroposaj £or mat¢~!~SmefundS for the'auff, olt County ^griculvare and Farmland Protection Program and to ie~ pmposal~ gram local municipalities for State funds for their programs. The. Toxvn of Southold's application was considered and the Suffolk County Agricultural and Farmland Protection Board voted to endorse the Town's grant application. Sincerely, Kenneth Sehmitt Suffolk County Agricultural and Fam,,land Protection Board APPEND~ D GENERAL CONDITIONS FOR AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION AGREEMENTS New York State Department of Agriculture and Markets These general conditions apply to the administrative aspects of the Grant Agreement and reflectNew York State's. contract recordkeeping and payment procedures, These general conditions cannot be changed. PAYMENT Payment of state funds shall be made to the Contractor after approval of this Agreement by the State Comptroller, upon the submission of a payment request (Standard Voucher), an executed purchase agreement with~ the landowner, a budget report detailing the Contractor's match, two copies of an appraisal by a New York State Certified General Real Estate Appraiser, the required title policy, a copy of all subordination agreements, an approved easement or purchase of development rights, a monitoring plan, and any agreement between the Contractor and another to hold or maintain the interest in real property. The Contractor shall submit all requests for payment, reports and supporting documents to the following address: NYS Department of Agriculture and Markets, Division of Fiscal Management~ 1 Winne(s Circle, Albany, NY 12235. Invoices, standard vouchers and any reports will not be considered received by the Department and any interest which may be due the Contractor will not begin to accrue until they have been received by the Division of Fiscal Management. Payment to the Contractor under this Agreement shall not be made unless the Contractor shall have submitted to the Department a written payment request together with such information as required by the Agreement. Payment shall not be due until the 60th calendar day after receipt of the payment request, where contract funds have been appropriated and made available to the Department. Upon examination of the Contractor's payment request and supporting material, the Department may, in its sole discretion, modify or adjust the amount requested to reflect contract funds expended as of the date of the request. Subsequent to its rewew 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 arising from the completion of the work under this Agreement. TITLE The Contractor shall ensure that the title to the lands or interests therein shall be unencumbered or, if encumbered by outstanding or reserved interests, the Contractor shall ensure ~that such encumbrance shall not interfere with the agricultural ane farmland protection purpose for which the interest therein is being acquired. The Contractor shall provide a title policy and title insurance, at a minfmum, for the State's share of the interest in real property being obtained. In the event of a failure of title, the Contractor will use the title insurance proceeds t~a~ds the purchase of an interest iN another approved p~rcel' contained 'i~Appendi× ¢ o~ reimburse the Department for the amount of State funds paid~. EASEMENT REQUIREMENTS The Contractor shall require that all easements or other interests in land acquired 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 agreemen{s to purchase development rig hts 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 plan have been approved by the Department. 2 COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS The Contractor is responsible for complying with all local, state and federal laws applicable to the work performed under this Agreement. PAYMENT CONTINGENCY Funds for payment under this Agreement are provided to the Department through appropriations from the New York State ,Legislature. 'These appr0pdat[~ns are made on a flsca year bas s 'New York s fi~scal year begin8 on Apdl 1 of each calendar year and ends on March 31 'of the following calendar year. Funds for payments under this Agreement were appropriated to the ~partment.dudng the 1999-2000 fiscal year and reappropdated during the 20010-20el fmcaJ year. Payment for work pursuant to this Agreement which is completed or continued by the COntractor after the 2000~001 fiscal year s subject to app[opr, iatibn or, reappropdation of funds by' the Legislature in each sUbsequent fisca[~year. FINANCIAL LIMIT The financial limit of State appropriated funds under this Agreement is Four Hundred Sixty-six Thousand Seven Hundred Seventy-five Dollars ($466;775) and the Department shall not be obligated to make any payment to the Contractor in excess of that amount. NON-DUPLICATION 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 separateiy state the rate of compensation on a per-hour or per-day basis. 3 FINAL REPORT Not later than thirty ¢30) days from completion of the work under this Agreement, the Contractor shall file with the Department a flnat written report i~cluding: a map depicting the location of properties where interests were purchased; a copy of the recorded easement or purchase of development rights and any monitoring plans or agreements for another to t~old or'maintain the interest in rea[ property; and a copy of the final budget showing project expenditures. RECORDS MAINTENANCE, EXAMINATION AND RETENTION The Contractor shall maintain records and accounts in specific detail to identify all contract funds received and expended under this Agreement. The Contractor shall maintain a daJly written record which contains the name(s) of the officer(s) and employee(s) providing services under this Agreement and the amount of'time expended upon such services. The Contractor shall maintain the records required under this paragraph as set forth in Appendix A to this Agreement. INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the State of New York and the Department from all 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 claihn and cooperates fully with the Contractor in the defense of any claims. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE For this Agreement the Department has established the .following goals: Minority business enterprises 1% Women owned business enterprises 1% 4 NON-SECTARIAN PURPOSE The Contractor shall not expend funds received under this Agreement for any purposes other than for' performance of the work, under this Agreement. and hereby rep~resents 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 (1) 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 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 accordance with this paragraph. 5 ALIENATION OF DEVELOPMENT RIGHTS The Contractor shall notify the Department in writing if the Contractor proposest0 alienate, in accordance with the procedure set forth'in Chapter 25 of the Town Code of the Town of Southold, any of the development rights purchased under this Agreement. The Contractor shall reimburse to the Department any State funds used for the purchase of any development rights ~/hich are'subsequently alienated anc~ reunited with the underlying re6 title. JMODIFICATION This Agreement may not be modified unless such modification is made in writing, executed by the Department and the Contractor and approved by the Attorney General and Comptroller of the State of New York. NECESSARY SIGNATURES This Agreement shall not be binding and effective upon the Department unless and until approved by the Attorney General and the Comptroller of the State of New York. 6