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HomeMy WebLinkAboutFederal Farm & Ranch Lands Protection Program 2006 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VIrFAL STATISTICS MARRIAGE OFFICER RI~CORDS M~NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th for k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 375 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 21, 2005: RESOLVED that the Town 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 Commodi~. Credit Corporation and the Town of Southold for the implementation of thc Federal Farm and Ranch Lands Protection Program FY 2005, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ 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 848526109490 June 28, 2005 Mr. Joseph R. DelVecchio State Conservationist USDA Natural Resources Conservation Service 441 S. Sahna Street, Suite 354 Syracuse, NY 13202-2450 Re: Federal Farm and Ranch Lands Protection Program FY 2005 Cooperative Agreement #73-2C31-5-836 with Town of Southold Deerkoski Farm and Wesnofske Farm ($511,900.00) Dear Mr. DelVecchio: The Southold Town Board, at their regular meeting held on June 21, 2005. adopted resolution no. 375 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 Federal Farm and Ranch Lands Protection Program. A certified copy of said resolutxon is enclosed. As instructed in Ms. Stephenson's letter of June 20, 2005, I am returning to you for your signature txvo (2) duplicate originals of the Cooperative Agreement that Supervisor Horton signed with the approval of om' Town Attorney. I look forward to the return of a fully executed, and dated, agreement from you. My sincere thanks is extended to you in this matter. Very truly yours, Melissa Spiro Land Preservation Coordina~r /md enos. cc: Southold Town Clerk w/encs. Southold Town Attorney w/encs. Agreement No. 73-2C31~5-836 COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA COMMODITY CREDIT CORPORATION and the TOWN OF SOUTHOLD for the FARM AND RANCH LANDS PROTECTION PROGRAIVl This Cooperative Agreement, made this day of ,2005 is entered into by and between the United States of America, acting by and through the Commodity Credit Corporation (CCC), and 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 the expertise and sen'ices of the United States Department 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 SOUTHOLD. I. AUTHORITY. 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 Drag Administration, and related Agencies Appropriation Act of 2001 (Public La~v 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 the FRPP under the general supewision of the Chief of the NRCS who is a Vice President of the CCC. II. BACKGROUND AND PURPOSE. Enacted on May 13, 2002, Section 2503 of the Farm 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, Tribal or units of local government or eligible nongovernmental organizations for the purpose of protecting topsoil by limiting non-agricultural uses of the land. To be eligible, the farm or ranch land must contain prime, unique, or other productive soil or historical or archaeological resources. The Farm Security and Rural Investment Act of 2002 authorized funding for fiscal years 2002 through 2007. On December 6, 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 233, Notice Pages 70427-70432. WHEREAS, the TOWN OF SOUTHOLD and the United States have mutual interests in preventing the conversion of agricultural lands to non-agricultural uses: and WHEREAS, the United States administers the FRPP; and WHEREAS, the TOWN OF SOUTHOLD administers a farmland protection program and has pending offers for acquiring agricultural conservation easements from landowners within the State, and the United States and the TOWN OF SOUTHOLD have agreed to combine their resources to assure that such areas are protected from conversion to nonagricultural uses. THEREFORE, the parties agree to enter into this Cooperative Agreement. III. OBLIGATION OF FUNDS Upon execution of this agreement, the United States shall obligate the sum of $511,900 for the acquisition of the United States' interests in conservation easements. The TOWN OF SOUTItOLD must request payment of this amount in accordance with Part V of this Cooperative Agreement before September 30. 2007. After this date, any remaining funds will be released from this obligation. This Cooperative Agreement is the authorizing document that obligates CCC funds to acquire conservation easements. The United States' contribution for the acquisition of each conservation easement acquired by the TOWN OF SOUTHOLD shall be up to but not more than 50% of the 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 State and includes a list with a detailed breakdown of the: (l) name and mailing address of the landowner; (2) tax map number(s) of the property; (3) number of acres to be acquired; (4) FRPP's matching share; and (5) the estimated conservation easement value. However, nothing in this document obligates the United States or the TOWN OF SOUTHOLD to purchase all or any 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 pumhase price, to the landowner 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 2 to be part of an entity's matching offer, the emit3' is required, at a minimum, to contribute in cash, at least 25 percent of the appraised fair market value of the conservation easement or 50 percent of the 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 matching funds has not come from additional donations, payments, loans or fees made by or charged to the easement grantor, immediate family members, or organizations controlled by or funded by the easement grantor, either through formal or informal agreements. The entit3, 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 lando~xmer(s). Where a TOWN OF SOUTItOLD cannot obtain 100 percent of the funds to be paid at closing to the landowner(s) and requires the United States to make its payment at closing rather than on a reimbursable basis, the TOWN OF SOUTHOLD may request a waiver for the 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 closing. 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 United States. All deeds used by the TOWN OF SOUTHOLD shall be approved by the Office of General Counsel (OGC) National office or regional OGC office prior to purchase of the conservation easement. In order to obtain payment of 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 State Office. Prior to submitting the SF-270, the TOWN OF SOUTHOLD must also request a copy of closing agent requirements 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 all the 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 to NRCS accepting the conservation easement and disbursing payment: (1) the name of the TOWN OF SOUTItOLD; (2) this cooperative agreement number; (3) conservation easement numbers (if applicable); (4) landowner name; (5) landowner's tax identification number (TIN) or social security number; (6) total amount of dollars paid the landowner for each conservation easement, specifying the CCC share and the non-CCC share of the conservation easement cost; (7) term of conservation easement; (8) acres acquired tbr each easement; (9) Tax Identification Number (TIN) for TOWN OF SOUTHOLD; (10) Federal Information Processing Standards (FIPS) number for TOWN OF SOUTHOLD; (1 l) Bank routing number and account number for desired deposit location; (l 2) copy of the conservation easement deed that contains the contingent right clause as described in Part VI of this Agreement; (l 3) current appraisal conducted in accordance with UASFLA or USPAP standards; (14) NRCS CPA-230, Confirmation of Matching Funds; and (l 5) appropriate title assurances. B. Upon request by a 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 entiret)' and approval is obtained by the NRCS National Office and the Office of General Counsel. Cooperating entities wishing to issue payments in installments for FRPP acquisitions must issue a portion of the payment at closing and provide a copy of the recorded deed to the United States and a promissory note detailing a payment schedule prior to CCC issuing installment payments. Once the easement has been recorded, the TOWN OF SOUTHOLD may request a payment from CCC on a reimbursable basis after a sum txvice the amount of the CCC payment request has been disbursed to the landowner (i.e., the cooperating entity may request from NRCS $75,000, after $150,000 has been paid to the landowner). The TOSVN OF SOUTHOLD must issue all installment payments, including disbursement of all CCC funds and those of the TOWN OF SOUTHOLD prior to September 30, 2007. VI. CONSERVATION EASEMENT REQUIREMENTS. A. The TOWN OF SOUTHOLD shall ensure that conservation easements acquired under this agreement: 1. run with the land in perpetuity or a minimum of thirty years, where State law prohibits a permanent easement. 2. prevent the land from being converted to nonagricultural uses; 3. provide for the administration, management, and enforcement of the easement by the TO~VN 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,7 CFR part 12, and is approved by the Conservation District. The following paragraphs shall be included in all conservation easements acquired using FRPP funds: As required by section 12381 of the Food Security Act of 1985, as amended, the O'antor, his heirs, successors, or assigns, shall conduct all agricultural operations on the Protected Property in a manner consistent with a conservation plan prepared in consultation with NRCS and approved by the Conservation District. 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 (INSERT EASEMENT SIGNATURE DATE). However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the 4 Properb.', with advance notice to the Grantor, in order to monitor compliance with theconservation plan. In tile event of noncompliance with the conservation plan,NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the conservation plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary, compliance and, if necessary, appropriate legal action) tosecure compliance witb the conservation plan following wriuen notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the conservation plan, (b) NRCS has worked with the Grantor to correct such noncomplance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress, NRCS will work cooperativelywith the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor ma3' be or become subject. 5. where parcels are being enrolled in FRPP based on l:fistorical and archaeological resources, a paragraph identifying standards and guidelines for treatment and maintenance of these 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 SOUTItOLD 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 6. include the following "Contingent Right in the United States of America" provision where title is held by the TOWN OF SOUTHOLD: "In the event that the TOWN OF SOUTHOLD fails to enforce an)' of the terms of this easement [or other interests in land], as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that theTOWN OF SOUTHOLD attempts to terminate, transfer, or other, vise divest itself of any rights, title, or interests of this easement [or other interests in land] or extinguish the conservation easement without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at theoption of such Secretary, all right, title, and interest in this easement [or other interests in land] shall become vested in the UNITED STATES OF AMERICA." 7. include provisions regarding the amount 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 the deed. B. Unless othe~vise agreed to by the Parties, the TOWN OF SOUTItOLD shall hold title to any conservation easement. However, title may be held by the United States at the request 5 of the Secretary of Agriculture, upon mutual agreement of the Parties, or when the United States exercises its contingent right. VII. RESPONSIBILITIES. A. Those of the United States - 1. The United States, by and through the NRCS, shall provide technical 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 implemented in accordance with 7 CFR part 12, the NRCS will be provided the opportunity to conduct periodic field visits on lands that are enrolled in the FRPP and associated lands owned or managed by the landowner which are also subject to 7 CFR part 12. 2. The CCC shall, subject to the availability of funds, disburse the appropriate funds to the TOWN OF SOUTHOLD in accordance with Part III and V of this Cooperative Agreement. 3. Prior to NRCS accepting the conservation easement and processing the payment, 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; ensure that a CCC-526, Adjusted Gross Income Certification has been filed at the appropriate USDA Service Center; obtain approval of the conservation easement deed or conservation easement deed template from the 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 CPA-230, Confirmation of Matching Funds, and appropriate title assurances. B. Those of TOWN OF SOUTHOLD - 1. The TOWN OF SOUTHOLD shall perform necessary legal and administrative actions to ensure proper acquisition and recordation of valid easements. 2. The TOWN OF SOUTHOLD shall use all awarded funds under this agreement for the acquisition of conservation 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 OF SOUTHOLD 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 149l. The United States shall have no responsibility for the costs or management of the conservation easements purchased by the TOWN OF SOUTHOLD. The TOV~N OF SOUTHOLD shall indemnify, defend, and hold the United States harmless for any costs, damages, claims, liabilities, 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 Agreement. This indemnification and hold harmless provision includes but is not limited to acts and omissions of the TOWN OF SOUTHOLD's agents, successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the conservation easements acquired pursuant to this Cooperative Agreement which result in violations of any laws and regulations which are now or which may in the future become applicable. 4. Non-governmental organizations shall continue to meet the requirements specified in Title II, Subtitle F, Section 2503 of the Farm Security and 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 bas been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) o£the Internal Revenue Code of 1986; (B) is an organization described in section 501(c)(3) of that Code that is exempt from taxation under 501 (a) of that Code; (C) is described in section 509 (a)(2) of that Code; or (D) is described in section 509(a)(3) of that Code and is controlled by an organization described in section 509 (a)(2) of that Code." 5. The TOWN OF SOUTHOLD shall incorporate into each deed in xvhich CCC funds are used as part of the acquisition the "Contingent Right in the United States of America" provision described 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 of this Cooperative Agreement. 7. The TOWN OF SOUTHOLD shall prohibit all non-agricultural uses of the encumbered properties, except for recreational uses, such as hiking, 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 annual report of the status of acquired 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. 9. In acquiring conservation easements, the TOWN OF SOUTHOLD shall ensure that the title to the lands or interests therein shall be unencumbered 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 SOUTHOLD shall assure that proper title evidence is secured and that the title of the interest acquired by the United States is insured to the amount of the CCC price paid for the United States interest. The TOWN OF 7 SOUTHOLD shall ensure that American Land Title Association (ALTA) title insurance will be issued for ail acquisitions, and that the title insurance company is approved by the State Insurance Commissioner. In the event of a failure of title, the TOWN OF SOUTHOLD will reimburse 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 than the fair market value of the land conveyed. Prior to cooperative agreement signatures, a copy of the TOWN OF SOUTHOLD current appraisal policy and standards shall be provided to NRCS. Prior to NRCS accepting an interest in the easement, an appraisal shall be conducted on the Property and the TOWN OF SOUTHOLD will notify the landowner of the fair market value of the conservation easement, ascertained using an appraisal purchased by the TOWN OF SOUTHOLD. The appraisal 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 SOUTHOLD shall also inform the landowner that the TOWN OF SOUTHOLD does not have the authority to acquire the Property through eminent domain. 11. The TOWN OF SOUTHOLD shall certi~' 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 consev,,ation 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 right clause and conservation easement paragraphs as described in Part VI of this Agreement; (vii) NRCS CPA- 230, Confirmation of Matching Funds; and (viii) date when NRCS payment was received. Certification of payment for all conservation easements acquired must occur on or before September 30, 2007. 12. The TOWN OF SOUTHOLD shall not use FRPP funds to place an easement on a property in which the TOWN OF SOUTHOLD's employee or board member, with decision making involvement in matters related to easement and acquisition and management, has a property interest. The TOWN OF SOUTHOLD shall not use FRPP funds to place an easement on a property in which a person who is an immediate family member or household member of an employee or board member, with decision making involvement in matters related to easement acquisition and management, has a property interest. Further, the TOWN OF SOUTHOLD agrees to generally conduct itself in a manner so as to protect the integrity 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 ;vill not at any time, when the TOWN OF SOUTHOLD is named as a Grantee on the conservation deed, seek to acquire the remaining fee interest in the Property. Likewise, if the TOWN OF SOUTHOLD enters into an agreement with another entity to manage/monitor the conservation easement, and the enti .ty seeks to acquire the underlying tee, the TOWN OF SOUTHOLD agrees to immediately terminate such a relationship and arrange for an uninterested party, to manage/monitor the conservation easement. 14. When a conservation plan violation is reported to the cooperating emit5' 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 procedures. 15. Paragraphs 9, 12, l 3, and 14 of this Section shall survive the termination or expiration of this agreement. VIII. GENERAL PROVISIONS. A. The term of this agreement shall be from the date of the last signature affixed hereto through September 30, 2007. 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 or the TOWN OF SOUTHOLD from entering into other mutually acceptable arrangements or agreements, except as identified in Part VII of this cooperative agreement. Such documents shall be in xwiting, reference this agreement, and be maintained as part of the official agreement file. C. This Cooperative Agreement may be amended, extended, or modified by written amendment 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 a 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 if the 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 fmancial obligations of the parties will be as set forth in 7 CFR part 1403, part 3016 and part 3019, as applicable. E. This Cooperative Agreement shall be enfomed 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 SOUTItOLD and the United States to be administered in accordance ~vith 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 Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, as applicable. 9 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 of the agreement with the 7 CFR Part 3 016-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, or Part 3 019-Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of higher Education, Hospitals, and Other Non- Profit Organizations, as appropriate. G. The TOWN OF SOUTHOLD agrees that it will comply with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and all requirements imposed by the Regulations of the Department of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Parts 42 and 50) to the effect that, no person in the United States, shall, on the grounds of age, sex, disability, color, race, or national origin, be excluded from participation in, or be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for xvhich the applicant received Federal financial assistance from the Department; and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. H. The activities under this agreement will be in compliance with Title V of the Drag-Free Workplace Act of 1988, 41 U.S.C. 702, and 7 CFR, Part 3017, Subpart F. I. Employees of the TOWN OF SOUTHOLD shall not be considered to be Federal employees or agents of the United States for any purpose under this agreement. J. The TOWN OF SOUTHOLD shall give CCC, the United States, or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this agreement. K. If an)' recipient of Federal funds under this Cooperative Agreement materially fails to comply with the terms of this Cooperative Agreement, the United States reserves 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 ~vith all applicable Federal, State, and local laws. IX. PRINCIPAL CONTACTS. The United States representative for this Cooperative Agreement is: 10 Joseph R. 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)477-6560 The Tox~ of Southold representative for this Cooperative Agreement is: Joshua Y. Horton Supervisor Toxvn Hall 53095 Route 25 PO Box 1179 Southold, New York 11971-0959 Phone Number 1N WITNESS WHEREOF, the following authorized representatives of the United States and the Tovm of Southold have executed this Cooperative Agreement. The Town of Southold _ 47 upe sor UNITED STATES OF AMERICA COMMODITY CREDIT CORPORATION By: Joseph R. DelVecchio State Conservationist 11 Attachment A List of Pending Conservation Easement Offers Priori~' Landowner Name(s) Address Parcel(s) Acres Estimated Identification Conservation Easement Value Fed. Share Deerkoski Farm 18.9 $793,800 $396,900 Wesnofske Farm 6.6 $230,000 $115,000 Shalvey Farm 16.0 $720,000 -0- Schmitt Farm 43.2 $1,728,000 -0- Badenchini Farm 23.88 $716,400 -0- Rowehl Farm 24 $960,000 -0- 12 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@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 June 28,2005 Ms. Emma Graham Contract Management Specialist II NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 Contract No. C800606 Town of Southold ' $1,200,000 Dear Ms. Graham: The Southold Town Board, at their regular meeting held on June 21, 2005, adopted resolution no. 374 authorizing Supervisor Joshua Y. Horton to execute the agreement for the Agricultural and Farmland Protection Implementation Grant C800606 in the amount of $1,200,000 for the term March 18, 2005 to March 31, 2007. A certified copy of said resolution is enclosed for your records. As requested, I am returning to you the entire Agreement, including the five (5) signature pages that Supervisor Horton signed before a Notary Public with the approval of our Town Attorney. I have also included an executed Contractor Information Checkhst. Upon receiving final approval from the NYS Department of Agriculture and Markets, please send a fully executed contract to me. Thank you for your assistance in this matter. Very truly yours, Land Preservation Coordinator /md encs. cc: Town Clerk w/o encs. Town Attorney w/o encs. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTIC~ ~L~RRIAGE OFFICER RECORDS M.~',~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Ma/n Road P.O. Box 1179 Southold, New York 11971 Fax 1631 ~ 765-6145 Telephone (631) 765-1800 southeldtown.nort h fork.net OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOXVING RESOLUTION NO. 374 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 21, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute New York State Department of Agriculture and Markets Contract C800606 in connection with A~ricultural and Farmland Protection Imp|cmcntation Grant in the amount of $1,200,000 for thc term March 18, 2005 through March 31, 2007, all in accordance with thc approval of thc Town Attorney. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVII TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 114 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 15, 2005: RESOLVED that thc Town Board of the Town of Southold hereby authorizes and directs the submission of a 2005 proposal to the U.S. Department of Agriculture (USDA) Commodity, Credit Corporation Farm and Ranch Lands Protection Program~ whereby thc Town of Southold proposes a cooperative effort to acquire thc development rights to agricultural properties which have been submitted by their owners to the Land Preservation committee of the Town of Southold for sale of such rights to the Town of Southold, in accordance with the terms of the Farm and Ranch Lands Protection Program (FRPP). Elizabeth A. Neville Southold Town Clerk MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ mw n.somhold.ny.us Telephone (6311 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner 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 TO: FROM: DATE: RE: Joshua Y. Horton, Supervisor Southold Town Board Elizabeth A. Neville, Town Clerk Melissa Spiro, Land Preservation Coordinator March 31, 2005 2005 Federal Farm and Ranch Lands Protection Program The proposal to the United States Department of Agriculture - 2005 Federal Farm and Ranch Lands Protection Program Funding, with all its attachments and exhibits, was sent via FedEx to Albany on March 31, 2005 (prior to its April 5th due date) in accordance with Resolution No. 114, adopted March 15, 2005. If you would like additional information pertaining to the proposal, or to review the copy on file here in the Land Preservation Department, please contact me at 765-5711. /md JOSHUA Y. HORTON SUPERVISOR Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD March 31, 2005 Joseph R. DelVecchio, State Conservationist ATT: Marilyn Stephenson, FRPP Program Manager USDA-NRCS Leo O'Brien Federal Building Room 333 Albany, New York 12207 Re: 2005 Federal Farm and Ranch Lands Protection Program Dear Mr. DelVecchio: On behalf of the Town of Southold. I am pleased to submit the enclosed proposal to the United States Department of Agriculture for funding to help facilitate the Town's farmland protection efforts. The Town of Southold has been actively committed to farmland protection for the past 19 years and, to date, has protected seventy-six farmland parcels, totaling 1560 acres. Funding from the USDA's 2005 Farm and Ranch Lands Protection Program will enable the Town to continue its critical farmland preservation efforts and to provide the community with significant environmental and economic benefits. Our goal is to protect eighty percent (80%) of the town's approximately 6,900 farmland acres. While this proposal requests matching funds for only six (6) farms, the Town is working with over sixteen additional applicants whose farmland acreage totals more then 300 acres and is conducting outreach with many other farmland owners. This proposal seeks a maximum of $2,574,100 in matching funds from the USDA to purchase development rights on approximately 133 acres of prime unprotected farmland situated within the Town of Southold. The Town has committed funds from its over 8.4 million dollar Community Preservation Fund to match the proposed USDA grant. In addition to this revenue source, the Town has four (4) voter approved un-issoed bonds totaling an additional ten million ($10,000,000) dollars. Joseph R DelVecchio, State Conservationist ATT: Marilyn Stephenson, FPP Program Manager Re: 2005 Federal Farm and Ranch Lands Protection Program Page 2 The proposed acquisition of development rights on the subject farmland parcels are supported by the Suffolk County Agricultural and Farmland Protection Plan, the Town's Community Preservation Project Plan and the Town's Farm and Farmland Protection Strategy. On behalf of our community, I want to thank you for the opportunity to submit the attached proposal and I ask that you support our request for grant funding. The Town of Southold looks forward to working with the USDA Natural Resources Conservation Service to preserve our important agricultural resources. ~cerely, //e]~ ./ Soutbold Town Superxisor JYH:MS/md encs. ¢C~ Senator Charles E. Schumer Senator HillaD' Rodham Clinton Congressman Timothy Bishop Allan S. Colmell, District Conservationist Southold Town Board Elizabeth Neville, Town Clerk Melissa Spiro, Land Preservation Coordinator Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MELISSA A. SPIRO LAND PRESERV ATlON COORDINATOR melissa. spiro @town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: Scott A. Russell, Supervisor Southold Town Board Elizabeth A. Neville, Town Clerk FROM: Melissa Spiro, Land Preservation Coordinator DATE: May 10, 2006 RE: 2006 Federal Farm and Ranch Lands Protection Program The grant proposal to the United States Department of Agriculture, Natural Resources Conservation Service - 2006 Federal Farm and Ranch Lands Protection Program Funding, with all its attachments and exhibits, was sent via FedEx to Albany on May 10, 2006, in accordance with Resolution No. 420, adopted May 9, 2006. If you would like additional information pertaining to the proposal, or to review the copy on file here in the Land Preservation Department, please contact me at 765-5711. /md . ~ SCOTT A. RUSSELL SUPERVISOR Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD FedEx #8550 2427 9840 May 10, 2006 Ron Alvarado, State Conservationist A IT: Marilyn Stephenson, FRPP Program Manager USDA-NRCS Leo O'Brien Federal Building 1 Clinton Square Room 333 Albany, New York 12207 Re: 2006 Federal Farm and Ranch Lands Protection ProlITam Dear Mr. Alvarado: On behalf of the Town of Southold, I am pleased to submit the enclosed proposal to the United States Department of Agriculture for funding to help facilitate the Town's farmland protection efforts. The Town of Southold has been actively committed to farmland protection for the past 20 years and, to date, has protected eighty farmland parcels totaling 1725 acres. Funding from the USDA's 2006 Farm and Ranch Lands Protection Program will enable the Town to continue its critical farmland preservation efforts and to provide the community with significant environmental and economic benefits. Our goal is to protect eighty percent (80%) of the town's approximately 6,900 farmland acres. While this proposal requests matching funds for only two (2) farms, the Town is working with 'over thirteen additional applicants whose farmland acreage totals more then 200 acres and is conducting outreach with many other farmland owners. This proposal seeks a maximum of$735,000.00 in matching funds from the USDA to purchase development rights on approximately 25 acres of prime unprotected farmland situated within the Town of Southold. The Town has committed funds from its over 8.6 million dollar Community Preservation Fund to match the proposed USDA grant. In addition to this reveuue source, the Town has four (4) voter approved un-issued bonds totaling an additional ten million ($10,000,000) dollars. . ~ . Page 2 May 10, 2006 Ron Alvarado, State Conservationist A TT: Marilyn Stephenson, FPP Program Manager Re: 2006 Federal Farm and Ranch Lands Protection Prol!J"am The proposed acquisition of development rights on the subject farmland parcels are supported by the Suffolk County Agricultural and Farmland Protection Plan, the Town's Community Preservation Project Plan, and the Town's Farm and Farmland Protection Strategy. On behalf of our community, I want to thank you for the opportunity to submit the attached proposal and I ask that you support our request for grant funding. The Town of Southold looks forward to working with the USDA Natural Resources Conservation Service to preserve our important agricultural resources. Sincerely, ~~~ John Sepenoski, Deputy Southold Town Supervisor SAR:MS/md encs. cc: Senator Charles E. Schumer Senator Hillary Rodham Clinton Congressman Timothy Bishop Allan S. Connell. District Conservationist Southold Town Board Elizabeth Neville, Town Clerk Melissa Spiro, Land Preservation Coordinator