HomeMy WebLinkAboutFederal Farm & Ranch Lands Protection Program FY 2004 ELIZABETH A. NEVILLE
TOWN CLERK
P~EGISTRAR OF VITAL STATISTICS
~kRRL~_GE OFFICER
RECOP~DS I%LkNAGF~IENT OFFICER
PREEDOM OF INFOi~IATION OFFICER
Town H~ll. 53095 Main Road
P.O. Box 1179
Southeld, New York 11971
Fax (631) 765-6145
Telephone (631) 765-~_800
southoldto~ma.nor~hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT TIIE FOLLOWING RESOLUTION NO. 629 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF TI{E SOUTHOLD TOWN BOARD
ON AUGUST 24, 2004:
RESOLYED that the To~m Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a Cooperative Agreement between the United
States of America Commoditn, Credit Corporation and the Town of Southold for the
implementation of the Federal Fam~ and Ranch Lands Protection Program FY 2004, subject to
the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
MELISSA A. SPIRO
L.&ND PRESERVATiON COORDINATOR
melissa.spLro @ town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS
P.O, Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
FedEx 848319312200
August 26, 2004
Maril3m C. Stephenson
Program Manager
Farm and Ranch Lands Protection Program
USDA-NRCS
Leo O'Brien Federal Building, Room 333
Albany, NY 12207-2350
Federal Farm and Ranch Lands Protection Program FY 2004
Cooperative Agreements with Toxxm of Southold
Dear Ms. Stephenson:
The Southold Town Board, at their regulax meeting held on Au=m2st 24, 2004,
adopted Resolution No. 629, authorizing Supervisor Joshua Y. Horton to execute a
cooperative agreement between the United States of America Commodity Credit
Corporation and the Town of Southold for the Farm and Ranch Lands Protection Program.
A certified copy of this resolution is enclosed.
As instructed in your letter of Angust 12a, I am returning two (2) copies of the
cooperative agreement that Supervisor Horton signed in black ink. I look forward to the
remm of a fully executed agreement from you.
My sincere thanks is extended to you in this matter.
Vew truly ~,:ours, ,-~
Mchssa Spiro
Land Preservation Coordinator
/md
CC:
Ehzabeth A. Neville - Town Clerk w/encs.
Patricia A. Fim~egan, Esquffe - Town Attorney xv/' encs.
Agreement No.
COOPERATIVE AGREEMENT
BETWEEN THE
UNITED STATES OF AMERICA
COMMODITY CREDIT CORPORATION
And the
TOWN OF SOUTI-IOLD
For the
FARM AND RANCH LANDS PROTECTION PROGRAM
This Cooperative Agreement, made this day of 2004, is entered
into by and between the United States of America, acting by and through the Commodity
Credit Corporation (CCC), mad the Town of Southold for the implementation of the Farm
and Ranch Lands Protection Program (FRPP), formerly known as the Farmland
Protection Program .The CCC shall utilize thc expertise and services of the United States
Depmtment of Agriculture, Natural Resources Conservation Service (NRCS) (hereinafter
"the United States") to' administer this program and perform the duties set forth within
this Cooperative Agreement For purposes of this Cooperative Agreement, the term
"Parties" refers collectively to the United States and the Town of Southol&
L AUTItORITY.
This Cooperative Agreement is entered into by the United States under the
authorities of the Commodity Credit Charter Act, 15 U.S.C_ 714 et Seq.; Title II, Subtitle
F, Section 2503 of the Farm Security and Rural Investment Act of 2002 (Public Law 107-
171) and Title VII, Section 714 of the Agriculture, Rural Development, Food and Drug
Administration, and related Agencies Appropriation Act of 200I (Public Law 106-387)
In addition to these authorities, this cooperative agreement will be administered in
accordance with the policies and procedures set forth in the FRPP regulation, 7 CFR part
1491. The CCC administers thc FRPP under the general supeawision of the Chief of the
N-RCS whu is a Vice President of the CCC.
H. BACKGROUND AND PURPOSE.
Enacted on May 13, 2002, Section 2503 of the Fm~n Security and Rural
Investment Act of 2002 authorized the Secretary of Agriculture to purchase conservation
easements that are subject to pending offers from a State, Tn~oal or units of local
government or eI/gible nongovernmental organizations for the purpose of protecting
topsoil by limiting non-agricultural uses of the land. To be eligtole, the farm or ranch
land must contain prime, unique, or other productive soft or historical or archaeological
resources. The l~arm Security and Rural investment Act of 2002 authorized funding for
fiscal years 2002 through 2007. On March 17, 2004, CCC published a notice in the
Federal Register requesting proposals for participation from Tribes, States, units of local
government, and non-governmental organizations. See Federal Register Volume 69,
Number 52, Notice Pages 12632-12637.
w-m~.REAS, the Town of SouthoM and the United States have mutual interests in
preventing the conversion of agricultural lands to non-agricultural uses; and
WI~.REAS, the United States administers the FRPP; and
WHEREAS, the Town of Southold administers a farmland protection program
and has pending offers for acquiring agricultm'al conservation easements fi-om
landowners within the Town, and the United Stmes and the Town of Southold have
agreed to combine their resources to assure fhat such areas are protected fi-om conversion
to nonagricultural uses_
THEREFORE, the parties agree to enter into th_is Cooperative Agreement.
m. OBLIGATION OF FUNDS
Upon execution of this agreement, the United States shall obligate the sum of
$378,360.00 for the acquisition of the United States' interests in conservation easements_
The Town of Southold must request payment of this mount in accordance with Part V of
this Cooperative Agreement before September 30, 2009. After this date, any retaining
funds will be released from this obligation.
This Cooperative Agreemem is the a~tthorizing document that obligates CCC
funds to acquire conse.rvation easements..fthe United State's conm-butien for the
acquisition of each censervation easement acquired by the Town of Southold shall be up
to but not more than 50% 0fthe appraised fair market value. The United States'
contribution cannot be used for closing and related administrative costs incurred in
acquiring the conservation easement. Attachment A to this Cooperative Agreement
specifies the CCC funds to be used within the Town of Southold and includes a list with a
detailed breakdown of the: (1) name and mailing address oftbe landowner, (2) tax map
number(s) oftbe property; (3) number of acres to be acquired; and (4) the estimated
conservation easement value, floweret, nothing in this document obligates the United
States or the Town of Southold to purchase all or ar~y of the conservation easements
parcels listed. There may be further modifications, additions or deletions to the list
depending on the prices paid for the conservation easements, the ability to obtain good
and clear title, future funding for acquisitions, etc. Additions or deletions to the list will
be made by mutual agreement between the Parties to this Cooperative Agreement.
IV. ENTITY'S CONTRIBUTION
The Town of Southold or designated escrow agent must disburse 100 percent of the
payment, representing the easement purchase price, to the lendowner at the time of
closing, unless it is paying for the easement in installments in accordance with V B.
herein. Landowner donations up to 25 percent of the appraised fair market value of the
conservation easement may be considered as part of the entity's matching offer. Where a
landowner's donation is considered to be part of an entity's matching offer, the entity is
required to contribute in cash, at least 25 percent of the appraised fair market value of the
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conservation easement or 50percent ofthe purchase price. Prior to NRCS accepting the
conservation easement and issuing a payment, the Town of Southold shall self-certify on
the NRCS-CPA-230,. Confirmation of Matching Funds, that the Town of Southold's share
of matcking funds has not ~ome ficom additional donations, paymems, loans or fees made
by or charged to the easement grantor, hmnediate family members, or organizations
controlled by or funded by the easement grantor, either through formal or informal
agreerments.
For a landowner's donation to be considered as part of an antity's matching offer,
the entity must have a current appraisal on the land in accordance with the Uniform
Standards of Professional Appraisal Practices (USPAP) or the Uniform Appraisal
Standards for Federal Land Acquisitions (UASFLA) {Interagency Land Acquisition
Conference, 1992).
V. PAYMENTS
A. The Town of Southold shall notify the United States when the CCC funds are to be
paid. CCC funds shall be paid to the Town of Southold when the United States is
provided a copy of the recorded easement and the Town of Southold has paid the
landowner(s) Where the Town of Southold cannot obtain 100 percent of the funds to be
paid at c;losing to the landowner(s) and requires the United States to make its payment at
closing/rather than on a reimbursable basis, the Town of Sonthold may request a waiver
for ~; United States to pay its share of the conservation easement purchase at closing. In
any instance where a waiver is requested, the Town of Southold shall notify the United
States at least 60 days prior to dosing. Where a waiver is requested, the United States
shall make payment to an authorized closing agent. These funds will be transmitted to
the Closing Agent by electronic transfer_ The Closing Agent will hold the funds in
escrow for a period not to exceed 14 calendar days. Upon receipt of the funds, the
closing agent will sign. a payment receipt form and return it to the United States. If
interest is earned upon CCC funds, the Closing Agent must return any interest earned to
the Unged States. All deeds used by the Town of Sonthold shall be approved by the
Office of C, eueraJ Counsel (OGC) National office or regional OGC office prior to
purchase of the conservation easement.
In order to obtain payment from FRPP funds, the Town of Southold will submit
Form SF-270 (Request for Advance/Reimbursement of Funds), and the information
specified below to the New York NRCS Office. Prior to submitting the SF-270, the
Town of Southold must also request a copy of closing agent reqtm'ements from the
United States and ensure that the closing agent meets these requirements. The Town of
Southold may submit the Form SF-270 prior to closing when a payment is issued at
closing, after allthe deeds have been recorded and the landowner has been paid, or on a
quarterly basis for each quarter that conservation easements have been recorded and the
landowner(s) have been paid_
At a minimum, the following information shall be included in, or attached to, the
SF-270, prior toNRCS acceptingtbe conservation easement and disbttrsingpayment: (1)
the name of the Town of Southold; (2) this cooperative agreement number; (3)
conservation easement numbers (if applicable); (4) landowner name; (5) landowner's tax
ideutification number (TIN) or social security number; (6) total amount of dollars paid
thelandowner for each conservation easement, specifying the CCC share and the non-
CCC share of the conservation easement mst;, (7)t~tm of conservation easement; (8)
acres acquired for each easement (9) Tax Identification Number (TIN) for Town of
Sonthold; (10) Federal Information Processing Standards (FIPS) number for the Town of
Sonthold; ( 1 i) Bank routing number and account number for desired deposit location;
(12) copy of the conservation easement deed that contains the contingent right clause as
described in Part VI of tiffs, Agreement; ( 13 ) current, appraisal, c~ndactcd ia accordance
wilh UASk'LA or U~pAP standards; (14) NRCS-CPA-230, Confirmation of Matching
Funds; and (15) appropriate title assurances_
B_ Upon request by the landowner, the Town of Southold may issue installment
payments to the landowner. Such an arrangement may occur only after the easement has
been conveyed in its entirety and approval is obtained by the NRCS National Office and
the Office of~ke Geueral Counsel. Cooperating entities wishing to issue payments in
installments for FRPP acquisitions must issue a portion oftbe payment at closing and
provide, a copy oftbe recorded deed to the United Stfiles and a premissory note detailing
a pmyment schedulcprior to CCC issuing installment payments. Once the easement has
been recorded, the Town of Southold may request a payment fi-om CCC on a
reimbursable basis after a sumtwice the amount of the CCC payment request has been
disbursed to the landowner (i.e., the cooperating entity may request fi-om NRCS $75,000,
after $150,000 has been paid to tbe Iandowner). The Town of Southold must issue all
installment payments, including disbm~ement of al/CCC funds and those of the Town of
Sonthold prior to September 30, 2008
VI. CONSERVATION EASEMENT REQUIREMENTS.
A_ The Town of Southold shall ensure that conservation easements acquired
under this agreement:
1. nm with the land in perpetuity or a minimum of thirty years, where State law
prohibits a permanent easement_ Where a conservation easement is acquired
for a term less than perpetuity, the Town of Southold must sectu-e approval of
the NRCS National Office.
2. prevent the land fi'om being converted to nonagriculIural uses;
3. provide for the administration, management, and enforcement of the casement
by the Town of Southold;
4. require management of the property in accordance with a conservation plan
that is developed utilizing the standards and specifications of the NRCS field
office technical guide, 7CFR part 12, and is approved by the Conservation
District. The following paragraphs shall be included in all conservation
easements acquired using FRPP funds:
As requixed by section 1238I of the Food Secttrity Act of 1985, as ameaded, lhe Grantor, his
heirs, successors, or assigns, shall conduct all agricultural operations on ~he Protected Property
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in a oraun~ consist~t with a conservation plan prepared in consultation with NRCS and
approved by the Conservation Disttict. This conservation plan shall be developed using the
standards and specifications of the NRCS Field Office Technical Guide and 7 CFR part 12
that are in effect on (~SERT EASEMENT SIGNATURE DATE). However, the Grante~ may
develop and implem~t a eonsesvafi~ plan that proposes a high er level of conservation ~,d is
consistant with the NRCS Field Office Technical G-nide standards and specifications. NRCS
shall have the fight to anter upon the Property, with advance notice to the Grantor, fix ordex to
monitor compliance with the conservation plan.
In the event of noncompliance with the conservation pla~ N'RCS shallwork with the G-~antor
to explore m~thods of cgmpliance and give the Granto~ a reasonable amount of time, not to
exceed ~welve mLzml~,~ ~ ~ake corrective action_ ffth~ Grantor does not comply with the
con.servatio~ plan, lxIRCS ~will.infm-m Grantee of th e Grantor's n~mco .~liance. The Granten
shall tal~e.all reas0ngbl~.stq~s ('including. eiTor t~ at see~/ngyoluntary c~mplianco and,/f
n ecessar~ ap~opriate le~ga[ acffon'l lo securo complian~ W~t!l, flxe~atirm p_l~ fnllowing
writt~ nofifeal~o~ ~om~CS lhat i a):the~e is a ~;'lan~ °ag61ffg ex eat or Cfi-cmn~anse of
nrax-anmpJi~m~mith _lli¢ consawafion plan. {b) NRC$ has wor~ed ~rith ~e Gramor to correct
such nOncplnpf&mce, ~ (¢) Cn'antor has exhausted its appeal tights ander appl/eable NP, CS
regulations,
Ifthe NRCS standards and specificaticms for highly croth'b~eland are revised atler the date of
th~ Grant based on an Act of Congress, NRCS will work cooperatively with the Grantor to
dcvelol~ agd implement a revised conservat/on plan. Thc provisions ofthis secrion apply to the
highly erodible land conservation requiremmts of thc Farm :md Ranch Eands Protection
Program and are not intcoded to affect any other namralmsanrces conservationrequirec-~ents
to wInch the Grantor may be or become subject_ ,,
where parcels are being enrolled in FRPP based on historical and archaeological
resources, a paragraph identifying standards and guidelines for treatment and
maintenance ofthese resources is required within the deed. These guidelines
should be based on the Secretary of Interior's Standards and Guidelines for
Historic Preservation_ The Town of Southold will ensure that title restriction to
protect any historical and archaeological structure(s) is appended to the deed
and included in any succeeding transfers; and
include the following "Contingent Right in the United States of America"
provision where title is held by the Town of Sottthold:
"In the event that the Town of Sonthold fails to enforce arty of the terms of this easement (or
other intexests in land), as detmnined in the sole discretion of the Secrelary of the United
States Deparlment of A~ricullm'e, thc said Secretary of Agrisullnre and his or her successors
and assigns shall have the tight to enforce the terms of the easement through any md all
authorities available under Federal or State law. In the evmt that the To~m of Southold
attempts to terminate, ttansfer, or othffwise divest itself of any rights, rifle, or interests of this
easement (or other interests in land) or extinguish the conservatiun easemmt without the pilot
consent of the Secretary of the Un/ted States Depariment of Agficultare and paymmt of
consideration to the United States, then, at the option of such Secretary, all right, title, and
interest in this easement (or other interest~s in land) .qhall become vested in the UNITED
STATES OF AMERICA."
include provisions regarding the mount of impervious surfaces permitted on
the Property, in accordance with the Conservation Programs Manual, Part 519.
8. include signature of a responsible NRCS official on the Conservation deed,
accepting the United States' property interest in thc deed.
B. Unless otherwise agreed to by the Parties, the Town ofSouthold shall hold
title to any conservation easement. However, title may be held by the United States at the
request of the Secretary of Agriculture, upon mutual agreement oftbe Parties, or when
the United States exercises its contingent right.
VIL RESPONSIBILITIES.
A_ These of the United States -
1. The United States, by and through the NRCS, shall provide teclmical and other
services required to assist the landowner in developing an appropriate conservation plan
in accordance with 7 CFR part 12. To ensure that the conservation plan is iuqAemented
in accordance with 7 CFR part 12, the NRCS vall be provided the opportunity to conduct
periodic field visits on lands that are enrolled in the FRPP and associated lands owned or
managed bythe landowner which are also subject to 7 CFR part 12
2. Thc CCC shall, subject to availability of funds, disbmsc the appropriate funds
to the Town of Southold in accordance with Pa~,t llI and V of this Cooperathre
Agreement.,'"
3. Prior to NRCS accepting the coriservafion easement and processing the
pa3maent, NRCS shall: ensure that a conservation plan for highly erodible lands is
developed in accordance with 7 CFR part 12 and that an AD-1026, Highly Erodible Land
and Wetland Certification form has been filed at the appropriate USDA Service Center,
obtain approval of the conservation easement deed or conservation easement deed
template ffomtbe Office of General Counsel; acquire a signed letter from the Town of
Southold, which indicates the closing agent meets FRPP closing agent requirements; a
signed copy of the NRCS-CPAz2g0, Confirmation of Matching Funds, and appropriate
title assurances.
B. Those of Town ofSouthold -
1. The Town of Southold shall perform necessary legal and administrative
actions to ensure proper acquisition and recordation of valid easements.
2. The Tox~rn of Southold shall use all awarded funds under this agreement for the
acquisition ofconse~ation easements within approved FRPP areas. CCC funds shall
pay for not more than 50% of the appraised fair market value of the conservation
easement acquired.
3. The Town'ofSouthold shall pay all costs of conservation easement
procurement and will operate and manage each conservation easement in accordance
with the Town of Southold program, this Cooperative Agreement, and 7 CFR part 1491.
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The United States shall have no responsibility for the costs or management of the
conservation easements purchased by the Town of Southold. The Town of Southold shall
indemnify, defend, and hold the United States ham'fless for any costs, damages, claims,
habilities, and judgments arising from past, present, and future acts or omissions of the
Town of Southold'in connection with the acquisition and management of the
conservation easements acquired pursuant to this Cooperative g[greement~ This
indemnification and hole[ harmless provision includes but is not limited to acts and
omissions of the Town of Southold agents, successors, assigns, employees, contractors,
or lessees in'connection with the acquisition and management of the conservation
easements acq 'mmdpursuant to this Cooperative Agreement which xesuk in violations of
any l~ws and.regulations which are now or whigh may in the fntttre become applicable_
4_ Non-governmental organizations shall confmue to meet the requirements
specified in Title 1I, Subtitle F, Section 2503 of the Farm Security end Rural Investment
Act of 2002. The Act states that eligible organizations are "any organization that-
(A) is organized for, and at all times since the formation of the organization has
been operated principally for, 1 or more of the conservation proposes
specified ha clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal
Revenue Code of 1986;
(B) is an organization described in section 501(c)(3) of that Code that is exemlJt
-- from taxation under 501 (a) ofthat Code.
(C): is d.escribed in section 509(a)(2) of that Code; or
iD) is described in section 509(a)(3) of that Code and is controlled by an
organization desert-bed in section 509(a)(2) of that Code_"
5. The Town of Southold shall incorporate into each deed in which CCC funds
are used as part of the acquisition the "Contingent Right in the United States of America"
provision descn~oed in Part VI of this Cooperative Agreement, as well as the other
required clauses set forth in Part VI of this Cooperative Agreement.
6. Prior to payment certification, the Town of Southold shall ensure that all lands
for which a conservation easement has been acquired will have a conservation plan, as
described in Part VI ofth/s Cooperative Agreement.
7. The Town of Sonthold shall prohibit all non-agricultural uses of the
encumbered properties, except for recreational uses, such as h/king, hunting, fishing,
boating, horseback riding that will not conflict with the purpose of Section 2503 of the
Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171),
8. At a minimum, the Town of Southold shall monitor FRPP parcels on an annual
basis to ensure that the conservation easements are being implemented according to the
deed provisions. An annualreport ofthe status ofacquired conservation easements and
conservation easements pending acquisition will be submitted to the NRCS representative
at the State level. The NRCS representative will define the format of this report.
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9. In acquiring conservation easements, the Town of Southold shall ensure that
the title to the Iands or interests therein shall be unenctanbered or, if encumbered by
outstanding or reserved interests, the Town of Southold shall ensure that any outstanding
interest are subordinated to the conservation easement. The Town of Sonthold shall
assure that proper title evidence is secured and that the title of the interest acquired by the
United States is insured to the mount of the CCC price paid for the United States
interest. The Town of Sonthold shall ensure that American Land Title Association
(ALTA) title insurance will be issued for all acquisitions, and that thetitle insurance
company is approvedby the State Insurance Commissioner_ In the event ora failure of
title, the Town of Southold will reim~ urse the United States for the amount paid by CCC,
less any amount paid to the United States from title insurance.
10. The Town of Southold shall ensure that the consideration paid to any
landowners for the conveyance to the Town of Southold of any conservation easements is
no more tl~ the fair market value of the land conveyed_ Prior to cooperative agreement
signatures, a copy of the Town of Southold's current appraisal poYlcy and standards shall
be provided to NRCS. Prior to NRCS accepting an interest in the easement, an appra'tsal
shall be conducted on the Pml~ ty and the Town of Southold will notify the landowner
of the fair market value of the conservation easement, ascertained using an appraisal.
The appra/sal shall conform to the Uniform Standards of Professional Appraisals
Practices or the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency
Land Acquisition Conference, 1992. In accordance with 49 CFR part 24, the Town of
Sonthold shall also im~orm the landowner that the Town of Sonthold does not have the
authority to acquire the Property through eminent domain.
11. The Town of Southold shall certify payment(s) received by submitting a
transmittal letter that references; (i) the cooperative agreement number, (ii) the
conservation easement number and landowner name; (iii) the landowner's tax
identification or social security number; (iv) total amount of dollars paid or to be paid to
the landowner for the conserwtion easement, specifying the CCC share and the non-CCC
share of the conservation easement cost; (v) acres acquired; (vi) a copy of the recorded
deed containing the contingent tight clause and conservation easement paragraphs as
described La Part VI of this Agreement; (vii) NRCS CPA-230, Confirmation of Matching
Funds; and (viii) date when NRCS payment was received_ Certification ofpayment for
all conservation easements acqu/red must occur on or before September 30, 2009.
12. The Town of Southold shall not use FRPP fnnds to place an easement on a
property in which the Town of Southold's employee, beard member, or immediate family
member of an employee or board member has a property interest. Further, the Town of
Southold agrees to generally conduct itself in a manner so as to protect the integhty of
conservation easement deeds which it holds as well as avoid the appearance of
impropriety or actual conflicts of interests in its acquisition and management of
conservation easements.
13. The Town of Southold agrees that it will not at any time, when the Town of
Southold is named as a Grantee on the conservation deed, seek to acquire the remaining
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fee interest in the Property. Likewise, fit. he Town of Soathold enters into an agreement
with another entity to manage/monitor the conservation easement, and the entity seeks to
acquire the underlying fee, the Town of Southold agrees to i~unedlately terminate such a
relationship and arrange for an uninterested party to manage/monitor the conservation
easement.
14. When a conservation plan violation is reportedto the cooperating entity by
NRCS, after all administrative and appeal rights have been exhausted by the landowner in
accordance with 7 CFR part 12 and 7 CFR part 614, the Town of Southold shall
implement easement enforcement pmcedttres.
15. Paragraphs 9, 12, 13, and 14 of this Section shall survive the termination or
expiration of this agreement.
VIH. GENERAL PROVISIONS.
A. The term of this agreement shall be from the date of the last signature affixed hereto
through September 30, 2009.
B. No assignment in whole or in part shall be made of any right or obligation under this
Cooperative Agreement without the joint approval of both the United States and the ':,
Town of Southold. Nothing herein shall preclude the United States orthe Town of
Southold from entering into other mutually acceptable arrangemems or agrecrnents.~,
except as identified in Part VII of this cooperative agreement. Such documents sliall be
in writing, reference this agreement, and be maintained as part oftbe official agreement
file.
C. This Cooperative Agreement may be amended, extended, or modified by written
mdment signed by the authorized officials of the United States and the Town of
Southold.
D_ This agreement may be terminated by either party hereto by written notice to the
other party at least 30 calendar days in advance of the effective date of the termination.
The United States may terminate this agreement iftbe United States determines that the
Town of Southold has failed to comply with the provisions of this agreement. In the
event that this agreement is terminated for any reason, the financial obligations of the
parties will be as set froth in 7 CFR part 1403, prat 3016 and part 3019, as applicable.
E. This Cooperative Agreement shall be enforced and interpreted in accordance with
applicable Federal laws and regulations, directives, circulars, or other guidance When
signed this Cooperative Agreement will become binding on the Town of Southold and
the United States to be administered in accordance with 7 CFR part 3015 Uniform
Federal Assistance Regulations 7 CFR part 3016 -Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments, or 7 CFR part
3019-Uniform Administrative Requiremaents for Grants and Cooperative Agreements
with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, as
applicable.
F. As a condition of this Cooperative Agreement, the Town of Southold assures and
certifies that it is in compliance with, and will comply in the course oftbe agreement with
the 7 CFR Part 3016-Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, or Part 3019-Uniform Adm/nistrative
Requirements for Grants and Cooperative. Agreements with Institutions of higher
Education, Hospitals, aiad other Non-Profit Organizations, as appropriate.
G. Th~ Town of Southold agrees that it witl comply with Title VI of the Civil Rights Aa
of 1964, Title IX of~e Bducation Amendments of 1972, Section 504 of the
Rehabilitation Act oft973, the Age Discrimination Act of 1975, and all'requirements
imposed bytbe Regtflations of the Department of Agriculture. (7 CFR Part 15),
Del>as ~me~l of lusfice (28. CFR Parts 42 and 50). to the effect that, no person in the United
States, shall, on the graund~ of age, sex, disability~ color, race, or national origin, be
excluded from particip.ation in, or be denied the benefits of, or be otherivise subjected to
discrimination under ,any program or activity for which the applicant received Federal
financial ~ssistance .l~o~mthe Department;, and hereby gives assurance thg~t k will
immediately take any measures necessary to effectuate this agreement.
H. The activities under this agreement will be in,compliance veith Title V of the Drag-
Free Workplace Act of 1988, 41 U.S.C. 702, ~d 7 CFR, Part 3017, Subpart F.
I. Employees oftbe Town of Southold shall not be considered to be Federal employees
or agents oftbe United States for any purpose of this agreement_
J. The Town of Southold shall give CCC, the United States, orthe Comptroller General,
through any authorized representative, access to and the right to examine all records,
books, papers, or documents related to tlm agreement.
K. l[f any recipient of Federal funds under this Cooperative Agreement materially fails to
comply with the terms of this Cooperative Agreement, the United States resenTes the
right to wholly or partially recapture funds provided in accordance with 7 CFR Parts
1403, 3015, 3016, and 3019.
L. The Town of Southold agrees to comply with all applicable Federal, State, and local
laws.
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IX PRINCIPAL CONTACTS.
The United States representative for this Cooperative Agreement is:
Joseph P,_ DelVecchio
Natural Resources Conservation Service
On behalf of the Commodity Credit Corporation
The Galleries of Syracuse
441 S_ Salina Street, Suite 354
Syracuse, NY 13202-2450
Phone: (315) 477-6504 Fax: (315) 4774560
Th~ Town of Southold representative for this Cooperative Agreement is:
Joshua Hortom Supervisor
Town of Southold
Town Hall
53095 State Route 25
PO Box 1179
Southold, NY 11971-0959
Phone: (631)':765-1889
IN ~VITNESS WHEREOF, the following authorized representatives of the United
States and the Town of Southold have executed this Cooperative Agreement.
The Town of Southold
By.'/~OSHU~ IeIOI(TON, Supervisor
,/ Town of Southold
UNITED STATES OF AMERICA
COMMODITY CREDIT CORPORATION
By. JOSEPH R. DELVECCHIO
State Conservationist
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(Draft to be updated)
A~tachment A
List of Pending Conservation Easement Offers
Landowner Parcel(s)
Priority Name(s) Identification Acres
Estimated
Price
Federal
Share
Carroll Farm North a/k/a Moffat
Carroll Farm South a/k/a Moffat
Macari Farm
Aliano Farm
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