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HomeMy WebLinkAboutUSDA-Natural Resources Conservation Service Town of South old - Letter Board Meeting of February 27, 2007 RESOLUTION 2007-223 ADOPTED Item # 19 DOC ID: 2550 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-223 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Amendment No.3 to Contribution Ae:reement No. 73-2C31-5-836 between the USDA-Natural Resources Conservation Service and the Town of South old in connection with an existing Cooperative Agreement between the United States of America Commodity Credit Corporation and the Town of Southold, dated June 22, 2005. The execution of this amendment will amend Attachment A of said Cooperative Agreement to remove the Deerkoski Farm as a pending offer and add the Macari Farm for the use of financial support available to the Town of Southold for the implementation of the Federal Farm and Ranch Lands Protection Program FY 2005, all in accordance with the approval of the Town Attorney. All other terms and conditions of the original agreement are to remain unchanged and in full force and effect. ~QiU' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated March I, 2007 Page 27 Amendment No.3 To Contribution Agreement No. 73-2C31-S-836 Between the USDA-Natural Resources Conservation Service And the Town of Southold PURPOSE: To amend Attachment A of Cooperative Agreement No. 73-2C3I-5-836. To remove the Deerkoski Farm as a pending offer and add the Macari Farm. All other terms and conditions of the original agreement remain unchanged and are in full force and effect. TOWN O~OLD BY: ~ ag,~ SC TT A. RUSSELL TITLE: Southold Town Supervisor SUPERVISOR DATE: 3/8/07 USDA NATURAL RESOURCES CONSERV A nON SERVICE BY: RON ALVARADO TITLE: STATE CONSERVATIONIST DATE: Town of Southold - Letter Board Meeting bfFebruary 27,2007 RESOLUTION 2007-238 ADOPTED Item # 34 DOC ID: 2657 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-238 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute Amendment No.1 to Contribution Al!reement No. 73-2C31-5-846 between the USDA-Natural Resources Conservation Service (NRCS) and the Town of Webster in connection with an existing Cooperative Agreement. The execution of this amendment will amend Attachment A of said Cooperative Agreement to add the Town of Southold as a new grantee, moving $318,000 in grant funds awarded to the Town of Webster and apply them to the Town of Southold for the pending Macari Farm project, all in accordance with the Town Attorney. With the signing of this amendment, the Town of Webster will be removed from all responsibilities under this Cooperative Agreement. All other terms and conditions of the original agreement are to remain unchanged and in full force and effect. ~Qr r'tJ.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated March 1, 2007 Page 49 Amendment No.1 To Contribution Agreement No. 73-2C31-5-846 Between the USDA-Natural Resources Conservation Service And the Town of Webster PURPOSE: To amend Attachment A of Cooperative Agreement No. 73-2C31-5-846. To add the Town of Southold as a new grantee. To move $318,000 in funds from the pending Bechtold conservation easement and to apply them to the Town of Southold for Macari Associate, LLC. Farm conservation easement pending offer. To remove the Town of Webster from all responsibilities under this Cooperative Agreement. All other terms and conditions of the original agreement remain unchanged and are in full force and effect. TOWN OF WEBSTER BY;~0 W ~-' ;:'Jr;, RONALD NESBITT TITLE: SUPERVISOR DATE: 2/7 h 7 / TO~ BY: ~ SCOTT A RUSSELL TITLE: Southold Town Supervisor SUPERVISOR DATE: 3/8/07 USDA NATURAL RESOURCES CONSERVATION SERVICE BY: RON ALVARADO TITLE: STATE CONSERVATIONIST DATE: . 021Z6/2007 16:44 FAX 5184314112 NRCS I4J 001 IV,( (! S' cpP'r . ^ -' -. " Agreement No.73-2C31-5-846 COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA COMMODTIY CREDIT CORPORATION and the TOWN OF WEBSTER for the FARM AND RANCH LANDS PROTECTION PROGRAM This Cooperative Agreement, made this ~#l day of Jifrkl.lt:/J;;200S is entered into by and between the United States of Ameri4'a, acting by and through the Commodity Credit Corporation (Cee), and the TOWN OF WEBSTER for the implementation of the Farm and Ranch Lands Protection Program (FRPP), formerly known as the Farmland Protection Program_ The eee shall utilize the expertise and services 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 WEBSTER. 1. AUTHORITY. This Cooperative Agreement is entered into by the United States under the authorities of the Cornmodity Credit Charter Act, 15 V.S.C. 714 et seq.; Title II, Subtitle F, Section 2503 of the Fann Security and Rural Investment Act of2002 (Public Law 107-171) and Title VII, Section 714 of the Agriculture, Rural Development, Food and Drug Administration, and related Agencies Appropriation Act of2001 (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 eec administers the FRPP Wider the general supervision 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 Rurallnvcstment 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 of2002 authorized funding for fiscal years 2002 through 2007. On December 6, 2004, cce published a notice in the Federal Register requesting proposals for participation from 1 . 02/26/2007 16:44 FAX 5184314112 NRCS I4i 002 Tribes, States, units oflocal government, and non-governmental organizations. See Federal Register Volume 69, Number 233, Notice Pages 70427-70432. WHEREAS, the TOWN OF WEBSTER 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 WEBSTER 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 WEBSTER 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. m. OBLIGATION OF FUNDS Upon execution of this agreement, the United States shall obligate the sum of $318,000 for the acquisition of the United States' interests in conservation easements. The TOWN OF WEBSTER 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 TOWNOF WEBSTER 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: (1) name aod 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. Howl-'Yer, nothing in this document obligates the United States or the TOWN OF WEBSTER 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 aod 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 AgreenlCnt. IV. ENTITY'S CONTRIBUTION The TOWN OF WEBSTER or designated escrow agent must disburse 100 percent ofthe payment, representing the easement purchase price, to the laodowner 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 2 021.26/2007 16:45 FAX 5184314112 NRCS I4i 003 to be part ofan entity's matching offer, the entity 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 WEBSTER shall self-certify on the NRCS CP A-230, Confinnation of Matching Funds, that the TOWN OF WEBSTER'S share of matching funds has lIot 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 entity must have a current appraisal on the land in accordance with the Unifonn Standards of Professional Appraisal Practices (USP AP) or the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA)(lnteragency Land Acquisition Conference, 1992). V. PAYMENTS A. The TOWN OF WEBSTER shall notify the United States when the CCC funds are to be paid. CCC funds shall be paid to the TOWN OF WEBSTER when the United States is provided a copy of the recorded easement and the TOWN OF WEBSTER has paid the landowner(s). Where the TOWN OF WEBSTER cannot obtain 100 percent ofthe 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 WEBSTER 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 WEBSTER 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 fom1 and return it to the United States. Ifinterest is earned upon CCC funds, the Closing Agent must return any interest earned to the United States. All deeds used by the TOWN OF WEBSTE R shall be approved by the Office of General Counsel (OGe) National office or regional aGe office prior to purchase of the conservation easement. In order to obtain payment ofFRPP funds, the TOWN OF WEBSTER will submit Form SF-270 (Request for AdvancefReirnbursement of Funds), and the information specified below to the New York NRCS State Office. Prior to submitting the SF-270, the TOWN OF WEBSTER 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 WEBSTER 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: (I) the name of the TOWN OF WEBSTER; (2) this cooperative agreement number; (3) conservation easement numbers (if applicable); (4) landowner name; (5) landowner's tax identification number (TIN) or 3 02/26/2007 16:45 FAX 5184314112 NRCS I4i 004 social security number; (6) total amount of dollars paid the landowner for each conservation easement, specifYing the CCC share and the nOll-CCC share of the conservation easement cost; (7) term of conservation easement; (8) acres acquired for each easement; (9) Tax Identification Nunlber (TIN) for the TOWN OF WEBSTER; (10) Federal Information Processing Standards (FIPS) nunlber for the TOWN OF WEBSTER; (II) 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 this Agreement; (13) current appraisal conducted in accordance with UASFLA or USPAP standards; (14) NRCS CPA-230, Confirmation of Matching Funds; and (15) appropriate title assurances. B. Upon request by a landowner, the TOWN OF WEBSTER 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 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 eee issuing installment payments. Once the easement has been recorded, the TOWN OF WEBSTER may request a payment from eec on a reimbursable basis after a sum twice the amount of the eee payment request has been disbursed to the landowner (i.e., the cooperating entity may request from NReS $75,000, after $150,000 has been paid to the landowner). The TOWN OF WEBSTER must issue all installment payments, including disbursement of all eee timds and those of the TOWN OF WEBSTER prior to September 30,2007. VI. CONSERVATION EASEMENT REQUIREMENTS. A. The TOWN OF WEBSTER 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 TOWN OF WEBSTER; 4. require management of the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRes tleld 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 timds: A. required by .ection 12381 of the Food Security Act of 1985, as amendcd, the Grantor, hi. ho:m., successors, or assigns, shall conduct all agricultural operations on the Protected Property in a manner coll!li;tent with a conservation plan prepared in con.ultation with NRCS and approval by the Conservation Di.trict. This conservation plan shall be developed using the standards and speoiiieations 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 implemelll a conservation plan that proposes a higher level of conservation and is consiste11t with the NRCS Field Office Techn;cal Guide standards and specifications. NRCS shan have the right to enter upon the 4 02/26/2007 16:46 FAX 5184314112 NRCS I4i 005 Property, with advance uotice to the Grantor, in order to monitor compliance with the conservation pIal). In the event of noncoIIlpliAnce with the conservation plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, nOllo exc""d twelve months, to take corrective action. If the Grantor does not comply with the conservatit'n plan, NRCS will inform Grantee of the Grantor', noncOIIlpliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, ifnecessary, appropriate legal action) to secure cOIIlpliance with the conservation plan following wrinen notification from NRCS that (a) thore is a SIlbstantial, ongoing event or circumstance ofnon-conJpliance with the conservation pllln, (h) NRCS has worked with the Grantor to OOm:ct .uch noncoIIlpliance, and (c) Grantor has exhau.,ted its appeal rights under applicable NRCS regulations. If the NRCS .tandanls and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress, NRCS will work cooperativcly with the Grantor to develop and implement a revi..d conservation plan. The provision. of thi. section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are 1I0t inlended to affect any other natural resources conservation requirements to which the Grantor may be or become subject 5. where parcels are being enrolled in FRPP based on historical 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 WEBSTER will ensure that title restriction to protect any hi.storical 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 WEBSTER: "In the event that the TOWN OF WEBSTER fails to enforce any of the terms of this easement [or other interests in land], as determined in the sole discretion of the Secretary of the United Stales Department of Agriculture, the said Secretary of Agriculture and his or her suocessors and assigns shall havc the right to enforce the term, of the easement through any and all authorities availablc under Federal or State law. In the event that the TOWN OF WEBSTER attempts to terminate, transfer, or otherwise divest itsolf of any rights, tide, 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 State. Department of Agriculture and payment of consideration to the United States, then, at the option of SIlelt Secretary, all right, title, and interest in this e..emOllt [or other intere.ts in land] shall become vested in the UNITED STATES OF AMERICA." 7. include provisions regarding the amount of inlpervious 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 otherwise agreed to by the Parties, the TOWN OF WEBSTER shall hold title to any conservation easement. However, title may be held by the United States at the request of 5 02/26/2007 16:46 FAX 5184314112 NRCS I4J 006 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 plall in accordance with 7 CFR part 12. To ensure that the conservation plan is inlplemented 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 a!so subject to 7 CFR part 12. 2. The CCC shall, subject to the availability of funds, disburse the appropriate funds to the TOWN OF WEBSTER 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 CPR part 12 and that an AD-I 026, 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 WEBSTER, which indicates the closing agent meets FRPP closing agent requi.rements; a signed copy of the NRCS CPA-230, Confirmation of Matching Funds, and appropriate title assurances. B. Those of TOWN OF WEBSTER- 1. The TOWN OF WEBSTER shall perform necessary legal and administrative actions to ensure proper acquisition and recordation of valid easements. 2. The TOWN OF WEBSTER shall use all awarded funds under this agreement for the acquisition of conservation easements within approved FRPP areas. cee funds shall pay for not more than 50% of the appraised fair market value of the conservation easement acquired. 3. The TOWN OF WEBSTER shall pay all costs of conservation easement procurement and will operate and manage each conservation easement in accordance with the TOWN OF WEBSTER program. this Cooperative Agreement, and 7 CFR part 1491. The United States shall have no responsibility for the costs Or management of the conservation easements purchased by the TOWN OF WEBSTER. The TOWN OF WEBSTER shall indemnify, defend, and hold tile United States harmless for any costs, damages, claims,liabilities, and judgments arising from past, present, and future acts or omissions of the TOWN OF WEBSTER in connection with the acquisition and management of the conservation easements 6 02/26/2007 16:47 FAX 5184314112 KRCS I4J 007 acquired pursuant to this Coopel"ative Agreement. This indemnification and hold harmless provision includes but is not limited to acts and omissions of the TOWN OF WEBSTER'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 ill the future become applicable. 4. Non-governmental organi2ations shall continue to meet the requirements specified in Title II, Subtitle F, Section 2503 ofthe Farm Security and Rural Investment Act of2002. The Act states that eligible organi2ations are "any organization that- (A) is organized for, and at all times since the formation of the organi2ation has been operated prin<--ipally for, I or more of the conservation purposes specified in 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 excmpt from taxation under 501 (a) ofthat 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 WEBSTER 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 described in Part VI of this Cooperative Agreement, as well as the other required clauses set forth in Part VI of this CoopC(ative Agreement. 6. Prior to payment certification, the TOWN OF WEBSTER 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 WEBSTER 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 minimwn, the TOWN OF WEBSTER shall monitor FRPP parcels on an allllual 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 forotat of this report. 9. In acquiring conservation easements, the TOWN OF WEBSTER shall ensure that the title to the lands or intel"ests therein shall be unencumbered or, if encumbered by outstanding or reserved interests, the TOWN OF WEBSTER shall ensure that any outstanding inlmest are subordinated to the conservation easement. The TOWN OF WEBSTER shall assure that propel" 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 02/26/2007 16:47 FAX 5184314112 NRCS I4i 008 WEBSTER shall ensure that American Land Title Association (AL T A) title insurance will be issued for all acquisitions, and that the title insurance company is approved by the State htsurance Commissioner. In the event ofa failure of title, the TOWN OF WEBSTER 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 WEBSTER shall ensure that the consideration paid to any landowners for the conveyance to the TOWN OF WEBSTER of any conservatioll easements is no mOre than the fair market value of the land conveyed. Prior to cooperative agremnent signatures, a copy of the TOWN OF WEBSTER 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 WEBSTER will notifY the landowner of the fair market value of the conservation easement, ascertained using an appraisal purchased by the TOWN OF WEBSTER. 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 WEBSTER shall also inform the landowner that the TOWN OF WEBSTER does not have the authority to acquire the Property through eminent domain. 11. The TOWN OF WEBSTER shall certify payment(s) received by submitting a transmittal letter that references; (i) the cooperative agreement nunlber; (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 conservation 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 WEBSTER shall not use FRPP funds to place an easement on a property in which the TOWN OF WEBSTER employee or board member, with decision making involvement in matters related to easement and acquisition and management, has a property interest. The TOWN OF WEBSTER 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 WE.8STER 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 WEBSTER agrees that it will not at any time, when the TOWN OF WEBSTER is named as a Grantee on the conservation deed, seek to acquire the rerr1aining fee interest in the Property. Likewise, if the TOWN OF WEBSTER enters into an agrL'eIllent with 8 02/26/2007 16:48 FAX 5184314112 NRCS I4J 009 another entity to manage/monitor the conservation easement, and the entity seeks to acquire the underlying fee, the TOWN OF WEBSTER agrees to inunediately 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 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 WEBSTER shall implement easement enforcement procedures. IS. Paragraphs 9,12,13, and 14 ofthis 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 hllreto 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 WEBSTER. Nothing herein shall preclude the United States or the TOWN OF WEBSTER from entering into other mutually acceptable arrangements or agreements, except as identified in Part VII of this cooperative agreement. Such documents shall be in writing, 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 WEBSTER. 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 WEBSTER has failed to comply with the pwvisions of this agreement. In the event that this agreement is terminated for any reason, the financial 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 enforced and interpreted in accordance with applicable Federal Jaws and regulations, directives, circulars, or other guidance. When signed, this Cooperative Agreement will become binding on the TOWN OF WEBSTER and the United States to be administered in accordance with 7 CFR part 3015 Unifonn 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 02/26/2007 16:48 FAX 5184314112 NRCS !ill 010 F. As a condition oflhis Cooperative Agreement, the TOWN OF WEBSTER assures and certifies that it is in compliance with, and will comply in the course of the agreement with the 7 CFR Part 3016-Uniform Administrative Requirements tor Grants and Cooperative Agreements to State and Local Governments, or Part 3019-Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions ofhigher Education, Hospitals, and Other Non- Profit Organizations, as appropriate. G. The TOWN OF WEBSTER 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 inlposed by the Re!,'Ulations of the Department of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Parts 42 and 50) to th.e effect that, no person in the United States, shall, on the groWlds 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 which the applicant received Federal financial assistance from the Department; and hereby gives assurance that it will inlmediately take any measures necessary to effectuate this agreement. H. The activities under this agreement will be in compliance with Title V of the Drug-Free Workplace Act ofl988, 41 U.S.C. 702, and 7 CFR, Part 3017, Subpart F. I. Employees of the TOWN OF WEBSTER shall not be considered to be Federal employees or agents of the United States for any purpose under this agreement. J. The TOWN OF WEBSTER 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 any recipient of Federal funds Wlder 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 WEBSTER agrees to comply with all applicable Federal, State, and local laws: 10 02/26/2007 16:49 FAX 5184314112 NRCS 141011 '. IX. PRINCIPAL CONTACTS, The United States representative for this Cooperative Agreement is: J08eph R. DelVecchio Natural Resources Conservation Service on behalf of the Commodity Cred!it Corporation The Galleries of Syracuse 441 S. Salina Street, Suite 354 Syracuse, NY 13202-2450 Phone: (315)477-6504 Fax: (315)477-6560 The TOWN OF WEBSTER representative for this Cooperative Agreement is: Catluyn C. Thomas Supervisor Town of Webster 1000 Ridge Road Webster, New York 14580 Phone Number: (585) 872-7068 IN WITNESS WHEREOF, the f<i>llowing authori2ed representatives of the United States and the Town of Webster have executed this Cooperative Agreement. The TOWN OF WEBSTER B, ~_o~~ Supervisor UNITED STATES OF AMERICA COMMODITY CREDIT CORPORATION " Gr."!fv thaI funds.. availao{~ . '\\.:ri.i~G 'Date: 8 J !\i ~.\ I ' I 11 ~ ~2/26/2007 16:49 F~, 5184314112 Priority Landowner Nom.(o) Address Bechtold Farm NRCS Attachment A List of Pending Conservation Easement Offers Pareel(.) Acres Identification Estimated Conserva:tion Easement Value 130 $636,000 12 Fed, Share $318,000 I4i 012 ~ u.... _......_ of ApIaIItun ~NRCS Natural Resources Conservation Service Leo O'Brien Federal Building Room 333 Albany, NY 12207-2350 FAX: (518) 431-4112 PHONE: (518)431-4110 March 26, 2007 Mr. Scott A. Russell Supervisor Town of South old 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 ~~u:~::~~ SUPERVISOR'S OfFICE TOWN OF SOUTHOLD Dear Mr. Russell: Enclosed you will find your copies ofthe amendments for the Cooperative Agreements #73-2C31-5-846 & # 73-2C31-5-836 for your files. If you have any questions please call me at 518-431-4110, ex!. 102. Sincerely, ~~ LlcA --Q>,Marilyn C. Stephenson FRPP Program Manager Helping People Help the Land An EqUIII Opportunity Provk*.1Id Emptoyer , . . Amendment No.3 To Contribution Agreement No. 73-2C31-5-836 Between the USDA-Natural Resources Conservation Service And the Town of Southold PURPOSE: To amend Attachment A of Cooperative Agreement No. 73-2C3l-5-836. To remove the Deerkoski Farm as a pending offer and add the Macari Farm. All other terms and conditions of the original agreement remain unchanged and are in full force and effect. TOWN ZTHHOLD BY: ~J SCOTT A. RUSSELL TITLE: Southold Town Supervisor SUPERVISOR DATE: 3/8/07 USDA NATURAL RES~.rV ATION SERVICE BY: 2; fl RON ALVARADO TITLE: STATE CONSERVATIONIST DATE: 01/;I}/o' . Amendment No.1 To Contribution Agreement No. 73-2C31-5-846 Between the USDA-Natural Resources Conservation Service And the Town of Webster PURPOSE: To amend Attachment A of Cooperative Agreement No. 73-2C31-5-846. To add the Town of Southold as a new grantee. To move $318,000 in funds from the pending Bechtold conservation easement and to apply them to the Town of Southold for Macari Associate, LLC, Farm conservation easement pending offer. To remove the Town of Webster from all responsibilities under this Cooperative Agreement. All other terms and conditions of the original agreement remain unchanged and are in full force and effect. TOWN OF WEBSTER ~ 0 \zk ?1J: BY: "...R.". UJ .J /.. RONALD NESBITT TITLE: SUPERVISOR DATE: 2/7.10 7 / TO~ BY: ~ SCOTT A. RUSSELL TITLE: Southord Town Supervisor SUPERVISOR DATE: 3/8/07 BY: RONALV URCafION SERVICE o TITLE: DATE: STATE CONSERVATIONIST 05/(?/o'l