HomeMy WebLinkAboutAg & Farmland Protection
Southold Town Board - Letter Board Meeting of May 22,2007
RESOLUTION 2007-488 Item # 24
ADOPTED DOC ID: 2911
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-488 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 22, 2007:
RESOLVED that the Town Board of the Town of South old hereby authorizes and directs
Supervisor Scott A. Russell to execute New York State Department of Al!:riculture and
Markets Contract C800646 in connection with Al!:ricultural and Farmland Protection
Implementation Grant in the amount of $723.373 for the term October 20, 2006 through
March 31, 2009, all in accordance with the approval of the Town Attorney.
C5j~6~~..;'L..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated May 24, 2007
Page 30
'*
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
lOB Airline Drive
Albany, New York 12235
Fax (518) 485-7750
Division of Fiscal Management
518457-2080
July 18, 2007
Town of Southold
Attn: Melissa Spiro
53095 Route 25, PO Box 1179
Southold, NY 11971
Contract Title: Agricultural & Farmland Protection Implementation
Grant
Dear Ms. Spiro:
Enclosed is a fully- executed copy of your agreement with this
Department.
Please call me at (518) 457-0864 or e-mail me at
emma.graham@agmkt.state.ny.us if you have questions.
Sincerely, 1;\ ~
s.~,~ &~~ & WJ
Emma Graham
Contract Management Specialist II
C800646
cc: D. Farber
fB)~~~~w~rm
lfl} JUl 2 0 2007 lW
DEPT. OF LAND
PRESERVATION
AGREEMENT
Title/Description of Project Agricultural & Farmland Protection Implementation Grant
THIS AGREEMENT INCLUDES THE FOllOWING:
~ This Coversheet
~ Appendix A (Standard Clauses for all New York State
Contracts)
~ Appendix B (Project Budget)
~ Appendix C (Award letter(s) & a portion of Appiicant's proposal)
~ Appendix D (The Department's General Conditions)
~ Appendix E (Final Report Documentation Checklist)
o Appendix F (other)
New York State
Department of Agriculture and Markets
10B Airline Drive
Albany, NY 12235-0001
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets law
Article 25-AAA
Contractor Name/Project Sponsor: Town of Southold
Street 53095 Route 25, P.O. Box 1179
City: Southold
Billing Address (if different from above):
Street
City:
Contract Number: C800646
Amount of Agreement $723,373
Contract Period: 1 0/20/06 to 3/31/09
Municipal Code: 4703-7900-0000
State: NY Zip: 11971-0959
State: Zip:
FOR AMENDMENTS CHECK THOSE THAT APPLY:
o Additional Work If Increase/Decrease in Amount
o Extension of Time
From to
o Inc~ease Amount
o Decrease Amount
o Revised Budget
o Revised Scope of Work
o Other
Previous Amount $
Increase/decrease
New Total:
$
The Contractor and the Department agree to be bound by the
terms and conditions contained in this Agreement
CONTRACTOR NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Authorized Official:
~
Date:
Signature of Contractor's
horized Representative:
.3. _ d-007
APPROVED AS TO FOR
Typed or Printed Name of Above Repr~ORNev GENE
Scott A. Russell
JUN 1 9 2007
-a- ~ ....zIt-
PETER FAVRErrO
4(l;(l;I"'\r.I.6.TC: ATTnRNEY
-" .....
Title of Authorized Representative: !
Southold Town Supervisor
Notary Public: On this day before me personally appeared
Scott A. Russell ,to me known, and
known to me to be the same person who executed the above
instrument and duly acknowledged the 'lllillMigrOOttmElhme.
NOTARY PUBLIC, State of New York
NO. 01C04822563, Suffolk County
arm x
Attorney General:
e:
L Ty ed or Printed Name of Above Official:
Tit of AuthorFzlfJlbl?,Jr.I?Uty Commissioner
State Agency Certification: In addition to the acceptance
of this contract, I also certify that original copies of this
signature page will be attached t II other exact copies
of this contract.
Comptroller
.,
RESOLUTION 2007-488
ADOPTED
DOC ID: 2911
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-488 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 22, 2007:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute New York State Department of A!!riculture and
Markets Contract C800646 in connection with A!!ricultural and Farmland Protection
Implementation Grant in the amount of $723,373 for the term October 20, 2006 through
March 31, 2009, all in accordance with the approval of the Town Attorney.
,("I~j-~a2:ftMl~.
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS)
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
STAlDAIID ClAUSES FOB IYS CDNTBACYS
STANDARD CLAUSES FOR NYS CONTRACTS
........
"
The parties to the attached contract. license, lease, amendment or
other agreement of any kind (hereinafter, "the contract" or "this
contract") agree to be bound by the following clauses which are hereby
made a part of the contract (the word "Contractor" herein refers to any
party other than the State. whether a contractor, licenser, licensee, lessor,
lessee or any other party):
1. EXECUTORY CLAUSE. In accnrdance with Section 41 of the
State Finance Law, the State shall have no liability under this contract to
the Contractor or to anyone else beyond funds appropriated and
available for this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of
the State Finance Law, this contract may not be assigned by the
Contractor or its right, title or interest therein assigned, transferred,
conveyed, sublet or otherwise disposed of without the previous consent,
in writing, of the State and any attempts to assign the contract without
the State's written consent are null and void. The Contractor may,
however, assign its right to receive payment without the State's prior
written consent unless this contract concerns Certificates of Participation
pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112
of the State Finance Law (or, ifthis contract is with the State University
or City University of New York, Section 355 or Section 6218 of the
Education Law), if this contract exceeds $50,000 (or the minimum
thresholds agreed to by the Office of the State Comptroller for certain
S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any
amount to a contract which, as so amended, exceeds said statutory
amount, or if, by this contract, the State agrees to give something other
than money when the value or reasonably estimated value of such
consideration exceeds $10,000, it shall not be valid, effective or binding
upon the State until it has been approved by the State Comptroller and
filed in his office. Comptroller's approval of contracts let by the Office
of General Services is required when such contracts exceed $85,000
(State Finance Law Section 163.6.a).
4. WORKERS' COMPENSATION BENEFITS. In accordance with
Section 142 of the State Finance Law, this contract shall be void and of
no force and effect unless the Contractor shall provide and maintain
coverage during the life of this contract for the benefit of such
employees as are required to be covered by the provisions of the
Workers' Compensation Law.
5. NON-DISCRIMINATION REOUlREMENTS. To the extent
required by Article 15 of the Executive Law (also known as the Human
Rights Law) and all other State and Federal statutory and constitutional
non-discrimination provisions, the Contractor will not discriminate
against any employee or applicant for employment because of race,
creed, color, sex, national origin, sexual orientation, age, disability,
genetic predisposition or carrier status, or marital status. Furthermore,
in accordance with Section 220-e of the Labor Law, if this is a contract
for the construction, alteration or repair of any public building or public
work or for the manufacture, sale or distribution of materials, equipment
or supplies, and to the extent that this contract shall be performed within
the State of New York, Contractor agrees that neither it nor its
subcontractors shall, by reason of race, creed, color, disability, sex, or
national origin: (a) discriminate in hiring against any New York State
citizen who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for the
performance of work under this contract. If this is a building service
contract as defined in Section 230 of the Labor Law, then, in accordance
with Section 239 thereof, Contractor agrees that neither it nor its
subcontractors shall by reason of race, creed, color, national origin, age,
sex or disability: (a) discriminate in hiring against any New York State
citizen who is qualified and available to perfonn the work; or (b)
discriminate against or intimidate any employee hired for the
Page 1
performance of work under this contract. Contractor is subject to fines
of $50.00 per person per day for any violation of Section 220-e or
Section 239 as well as possible termination of this contract and
forfeiture of all moneys due hereunder for a second or subsequent
violation.
6. WAGE AND HOURS PROVISIONS. If this is a public work
contract covered by Article 8 of the Labor Law or a building service
contract covered by Article 9 thereof, neither Contractor's employees
nor the employees of its subcontractors may be required or permitted to
work more than the number of hours or days stated in said statutes,
except as otherwise provided in the Labor Law and as set forth in
prevailing wage and supplement schedules -issued by the State Labor
Department. Furthennore, Contractor and its subcontractors must pay at
least the prevailing wage rate and pay or provide the prevailing
supplements, including the premium rates for overtime pay, as
determined by the State Labor Department in accordance with the Labor
Law.
7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance
with Section 139-d of the State Finance Law, if this contract was
awarded based upon the submission of bids, Contractor affirms, under
penalty of perjury, that its bid was arrived at independently and without
collusion aimed at restricting competition. Contractor further affirms
that, at the time Contractor submitted its bid, an authorized and
responsible person executed and delivered to the State a non-collusive
bidding certification on Contractor's behalf.
8. INTERNATIONAL BOYCOTT PROHffiITION. In accnrdance
with Section 220-f of the Labor Law and Section 139-h of the State
Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a
material condition of the contract, that neither the Contractor nor any
substantially owned or affiliated person, finn, partnership or corporation
has participated, is participating, or shall participate in an international
boycott in violation of the federal Export Administration Act of 1979
(50 USC App. Sections 2401 et seq.) or regulations thereunder. If such
Contractor, or any of the aforesaid affiliates of Contractor, is convicted
or is otherwise found to have violated said laws or regulations upon the
final determination of the United States Commerce Department or any
other appropriate agency of the United States subsequent to the
contract's execution, such contract, amendment or modification thereto
shall be rendered forfeit and void. The Contractor shall so notify the
State Comptroller within five (5) business days of such conviction,
determination or disposition of appeal (2NYCRR 105.4).
9. SET-OFF RIGHTS. The State shall have all of its common law.
equitable and statutory rights of set-off. These rights shall include, but
not be limited to, the State's option to withhold for the purposes of set-
off any moneys due to the Contractor under this contract up to any
amounts due and owing to the State with regard to this contract, any
other contract with any State department or agency, including any
contract for a term commencing prior to the term of this contract, plus
any amounts due and owing to the State for any other reason including,
without limitation, tax delinquencies, fee delinquencies or monetary
penalties relative thereto. The State shall exercise its set-off rights in
accordance with normal State practices including, in cases of set-off
pursuant to an audit, the finalization of such audit by the State agency,
its representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain complete
and accurate books, records, documents, accounts and other evidence
directly pertinent to performance under this contract (hereinafter,
collectively, "the Records"). The Records must be kept for the balance
of the calendar year in which they were made and for six (6) additional
years thereafter. The State Comptroller, the Attorney General and any
other person or entity authorized to conduct an examination, as well as
the agency or agencies involved in this contract, shall have access to the
Records during normal business hours at an office of the Contractor
June. 2006
STANDARD ClAUSES lOB m CONTBAm
..
IPI'EIInI
within the State of New York or, if no such office is available, at a
mutually agreeable and reasonable venue within the State, for the term
specified above for the purposes of inspection, auditing and copying.
The State shall take reasonable steps to protect from public disclosure
any of the Records which are exempt from disclosure under Section 87
of the Public Officers Law (the "Statute") provided that: (i) the
Contractor shall timely inform an appropriate State official, in writing,
that said records should not be disclosed; and (ii) said records shall be
sufficiently identified; and (iii) designation of said records as exempt
under the Statute is reasonable. Nothing contained herein shall
diminish, or in any way adversely affect, the State's right to discovery in
any pending or future litigation.
11. IDENTIFYING INFORMATION AND PRIVACY
NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION
NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All
invoices or New York State standard vouchers submitted for payment
for the sale of goods or services or the lease of real or personal property
to a New York State agency must include the payee's identification
number, i.e., the seller's or lessor's identification number. The number is
either the payee's Federal employer identification number or Federal
social security number, or both such numbers when the payee has both
such numbers. Failure to include this number or numbers may delay
payment. Where the payee does not have such number or numbers, the
payee, on its invoice or New York State standard voucher, must give the
reason or reasons why the payee does not have such number or numbers.
(h) PRIVACY NOTIFICATION. (I) The authority to request the
above personal information from a seller of goods or services or a lessor
of real or personal property, and the authority to maintain such
information, is found in Section 5 of the State Tax Law. Disclosure of
this information by the seller or lessor to the State is mandatory. The
principal purpose for which the information is collected is to enable the
State to identify individuals, businesses and others who have been
delinquent in filing tax returns or may have understated their tax
liabilities and to generally identify persons affected by the taxes
administered by the Corrunissioner of Taxation and Finance. The
information will be used for tax administration purposes and for any
other purpose authorized by law.
(2) The personal information is requested by the purchasing unit of the
agency contracting to purchase the goods or services or lease the real or
personal property covered by this contract or lease. The information is
maintained in New York State's Central Accounting System by the
Director of Accounting Operations, Office of the State Comptroller, 110
State Street. Albany. New York 12236.
12. EOUAL EMPLOYMENT OPPORTUNITIES FOR
MINORITIES AND WOMEN. In accordance with Section 312 of the
Executive Law, if this contract is; (i) a written agreement or purchase
order instrument, providing for a total expenditure in excess of
$25,000.00, whereby a contracting agency is committed to expend or
does expend funds in return for labor, services, supplies, equipment,
materials or any combination of the foregoing, to be performed for, or
rendered or furnished to the contracting agency; or (ij) a written
agreement in excess of $100,000.00 whereby a contracting agency is
committed to expend or does expend funds for the acquisition,
construction, demolition, replacement, major repair or renovation of real
property and improvements thereon; or (iii) a written agreement in
excess of $100,000.00 whereby the owner of a State assisted housing
project is committed to expend or does expend funds for the acquisition,
construction, demolition, replacement, major repair or renovation of real
property and improvements thereon for such project, then:
(a) The Contractor will not discriminate against employees or
applicants for employment because of race, creed, color, national origin,
sex, age, disability or marital status, and will undertake or continue
existing programs of affirmative action to ensure that minority group
members and women are afforded equal employment opportunities
without discrimination. Affirmative action shall mean recruitment,
Page 2
employment, job assignment, promotion, upgradings, demotion,
transfer, layoff, or termination and rates of pay or other forms of
compensation;
(b) at the request of the contracting agency, the Contractor shall request
each employment agency, labor union, or authorized representative of
workers with which it has a collective bargaining or other agreement or
understanding, to furnish a written statement that such employment
agency, labor union or representative will not discriminate on the basis
ohace, creed, color, national origin, sex, age, disability or marital status
and that such union or representative will affirmatively cooperate in the
implementation of the contractor's obligations herein; and
(c) the Contractor shall state, in all solicitations or advertisements for
employees, that, in the performance of the State contract, all qualified
applicants will be afforded equal employment opportunities without
discrimination because of race, creed, color, national origin, sex, age,
disability or marital status.
Contractor will include the provisions of "a", "b", and "c" above, in
every subcontract over $25,000.00 for the construction, demolition,
replacement, major repair, renovation, planning or design of real
property and improvements thereon (the "Work") except where the
Work is for the beneficial use of the Contractor. Section 312 does not
apply to: (i) work, goods or services unrelated to this contract; or (ii)
employment outside New York State; or (iii) banking services,
insurance policies or the sale of securities. The State shall consider
compliance by a contractor or subcontractor with the requirements of
any federal law concerning equal employment opportunity which
effectuates the purpose of this section. The contracting agency shall
determine whether the imposition of the requirements of the provisions
hereof duplicate or conflict with any such federal law and if such
duplication or conflict exists, the contracting agency shall waive the
applicability of Section 312 to the extent of such duplication or conflict.
Contractor will comply with all duly promulgated and lawful rules and
regulations of the Governor's Office of Minority and Women's Business
Development pertaining hereto.
13. CONFLICTING TERMS. In the event of a conflict between the
terms of the contract (including any and all attachments thereto and
amendments thereof) and the terms of this Appendix A, the terms of this
Appendix A shall controL
14. GOVERNING LAW. This contract shall be governed by the laws
of the State of New York except where the Federal supremacy clause
requires otherwise.
15. LATE PAYMENT. Timeliness of payment and any interest to be
paid to Contractor for late payment shall be governed by Article Il-A of
the State Finance Law to the extent required by law.
16. NO ARBITRATION. Disputes involving this contract, including
the breach or alleged breach thereof, may not be submitted to binding
arbitration (except where statutorily authorized), but must, instead, be
heard in a court of competent jurisdiction of the State of New York.
17. SERVICE OF PROCESS. In addition to the methods of service
allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor
hereby consents to service of process upon it by registered or certified
mail, return receipt requested. Service hereunder shall be complete
upon Contractor's actual receipt of process or upon the State's receipt of
the return thereof by the United States Postal Service as refused or
undeliverable. Contractor must promptly notify the State, in writing, of
each and every change of address to which service of process can be
made. Service by the State to the last known address shall be sufficient.
Contractor will have thirty (30) calendar days after service hereunder is
complete in which to respond.
June, 2006
STANDARD CIADSES fill m CONTRACTS
'.
IPPEIIDRI
18, PROHIBITION ON PURCHASE OF TROPICAL
HARDWOODS. The Contractor certifies and warrants that all wood
products to be used under this contract award will be in accordance with,
but not limited to, the specifications and provisions of State Finance
Law S165. (Use of Tropical Hardwoods) which prohibits purchase and
use of tropical hardwoods, unless specifically exempted, by the State or
any governmental agency or political subdivision or public benefit
corporation. Qualification for an exemption under this law will be the
responsibility of the contractor to establish to meet with the approval of
the State.
In addition, when any portion of this contract involving the use of
woods, whether supply or installation, is to be performed by any
subcontractor, the prime Contractor will indicate and certify in the
submitted bid proposal that the subcontractor has been informed and is
in compliance with specifications and provisions regarding use of
tropical hardwoods as detailed in 9165 State Finance Law. Any such use
must meet with the approval of the State; otherwise, the bid may not be
considered responsive. Under bidder certifications, proof of qualification
for exemption will be the responsibility of the Contractor to meet with
the approval of the State.
19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In
accordance with the MacBride Fair Employment Principles (Chapter
807 nf the Laws of 1992), the Contractor hereby stipulates that the
Contractor either (a) has no business operations in Northern Ireland, or
(b) shall take lawful steps in good faith to conduct any business
operations in Northern Ireland in accordance with the MacBride Fair
Employment Principles (as described in Section 165 of the New York
State Finance Law), and shall permit independent monitoring of
compliance with such principles.
20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of
New York State to maximize opportunities for the participation of New
York State business enterprises, including minority and women-owned
business enterprises as bidders, subcontractors and suppliers on its
procurement contracts.
Information on the availability of New York State subcontractors and
suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St -- 7" Floor
Albany, New York 12245
Telephone: 518-292-5220
Fax: 518-292-5884
http://www.empire.state.ny.us
A directory of certified minority and women-owned business enterprises
is available from:
NYS Department of Economic Development
Division of Minority and Women's Business Development
30 South Pearl St -- 2nd Floor
Albany, New York 12245
Telephone: 518-292-5250
Fax: 518-292-5803
hnp:/Iwww.empire.state.ny.us
The Orrmibus Procurement Act of 1992 requires that by signing this bid
proposal or contract, as applicable, Contractors certify that whenever the
total bid amount is greater than $1 million:
(a) The Contractor has made reasonable efforts to encourage the
participation of New York State Business Enterprises as suppliers and
subcontractors, including certified minority and women-owned business
enterprises, on this project, and has retained the documentation of these
efforts to be provided upon request to the State;
Page 3
(b) The Contractor has complied with the Federal Equal Opportunity Act
of 1972 (P.L. 92-261). as amended;
(c) The Contractor agrees to make reasonable efforts to provide
notification to New Yark State residents of employment opportunities
on this project through listing any such positions with the Job Service
Division of the New York State Department of Labor, or providing such
notification in such manner as is consistent with existing collecti ve
bargaining contracts or agreements. The Contractor agrees to document
these efforts and to provide said documentation to the State upon
request; and
(d) The Contractor acknowledges notice that the State may seek to obtain
offset credits from foreign countries as a result of this contract and
agrees to cooperate with the State in these efforts.
21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are
hereby notified that if their principal place of business is located in a
country, nation, province, state or political subdivision that penalizes
New York State vendors, and if the goods or services they offer will be
substantially produced or performed outside New York State, the
Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684
and Chapter 383, respectively) require that they be denied contracts
which they would otherwise obtain. NOTE: As of May 15, 2002, the
list of discriminatory jurisdictions subject to this provision includes the
states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana
and Hawaii. Contact NYS Department of Economic Development for a
current list of jurisdictions subject to this provision.
22. PURCHASES OF APPAREL. In accordance with State Finance
Law 162 (4-a), the State shall not purchase any apparel from any vendor
unable or unwilling to certify that: (i) such apparel was manufactured in
compliance with all applicable labor and occupational safety laws,
including, but not limited to, child labor laws, wage and hours laws and
workplace safety laws, and (ii) vendor will supply, with its bid (or, if
not a bid situation, prior to or at the time of signing a contract with the
State), if known, the names and addresses of each subcontractor and a
list of all manufacturing plants to be utilized by the bidder.
June, 2006
. Arpcl'-'Di f- 15
"Form 'B.3 - Project Budget for FPIG Proposal (>$29,OOO/A for development rights)
2006-2007 Project Budget for FPIG Proposal
Farmland Protection Implementation Project Involving a Conservation Easement
A TTENTlON: You MUST submit one Form B.1 - Budget Summary for FPIG Proposal to summarize the overall budget of this proposal
and you MUST submit one Form B.3 - Project Budget for FPIG Proposal for each farm whose value of development rights ;s
>$29,OOO per acre .
Local
Government
Farm Name: Rowehl Applicant:
Estimated Acres to be Permanentty Protected =l 24.25001
TOTAL PROJECT COSTS
Town of Southold
I _.'h"s.".c,eva,uedoecno,exceed
Value of Development Rights $ 1,455,000 S29,000IA., do NOT usetnlsform.
For all projects. the applicant is urged to base this amount upon either an appraisal or the most recent valuation of the subject property as
reflected on the landowner's property tax statement.
Administrative Costs
Title Insurance $ 6,173
Survev(s) $ 6.500
Appraisal $ 2.500
Outside Legal Fees (if any) $ 2,000
Outside Easement Expertise
(if any)
Recordino Fees $ 300
Stewardship Fee
Baseline Documentation Report $ 50
Other administrative cost $ 1,500
Other administrative cost $ 100
Subtotal $ 19,123
Amount paid to consultant(s) to assist with the conservation easement
transaction for this project. (00 NOT include cost of baseline documentation
report in this item.)
Amount shall not exceed $10,000 per conservation easement.
Identify:
Identify:
Phase !, Environmental Site Assessment
title closer attendance fee
Administrative Costs (in-kind)
Applicant's Staff Time $ 1,000
Travel/office exoense
Other in-kind cost
Subtotal $ 1,000
Identify: I
TOTAL PROJECT COSTS =
FUNDING SOURCES
Local Match
Applicant must provide documentation acceptable to the Department accounting for the encumbrance or expenditure of the required Jocal
match for this project by the time this project's perpetual conservation easement is conveyed.
1$
Amount shall not exceed $25,000, or 60% of the local match, whichever is less.
1,475,1231
Municipal Funds
Landowner Donauon
$
For project proposalS where the full value of the conservation easements wUI be donated,
none of the amount shown shall be used to compensate the landowner for the value of
750,750 development rights.
When the full value of development rights will be donated, enter full appraised value of the
conservation easement.
NOTE: Due to a change in the rules for the Federal Farm and Ranch Lands
Protection Program (FRPP), Federal Funds will NOT be allowed as a local
Federal FRPP
In-Kind from subtotal above
$
1,000
(For project proposals where the full value of the conservation easements will be donated,
none of the amount shown shall be used to compensate the landowner for the value of
development rights.) IDENTIFY SOURCE(S) & SPECIFY AMOUNT FROM EACH
SOURCE:
Other (foundation or similar)
Subtotal
% of total project costs
State Funding
$
$
751,750
51.0%
State shall not contribute more than $29,000 per acre toward the value of
723,373 development rights for any farmland protection implementation project.
49.0% State Funding % shall be no more than 75.0%.
State Funding $
% of total project costs above
Local Match % plus State Funding % must equa/1 00%.
ApPEfJiJl J C
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
108 Airline Drive
Albany, New Yorl< 12235
George E. Patakl
Governor
Patrick H. Brennan
Commissioner
October 20, 2006
Mr. Scott A. Russell, Supervisor
Town of Southold
53095 Main Road (Rt. 25)
P.O. Box 1179
Southold, New York 11971-0959
Dear Mr. Russell:
I am very pleased to inform you that the Department of Agriculture and Markets has awarded the Town of
Southold the sum of $723,373 to assist the Town in its farmland preservation efforts. Based upon your FY2006-
2007 Agricultural and Farmland Protection Implementation Grants proposal, the Department has provided enough
matching funds to purchase the development rights on the RoweW farm.
Before State funds can be provided for the purchase of easements or development rights on this farm, it will
fIrst be necessary to develop a contract between the Department and the Town. lIDs contract must contain, at least,
an agreed upon plan of work and budget. Project expenditures, which occur prior to the approval of the contract by
the State Comptroller, might not be reimbursed. Therefore, we strongly advise that you not incur any expenses for
which State reimbursement will be sought until the contract is approved.
In order to facilitate the timely development of your contract and the completion of the project, I am
requesting that you identify an authorized representative of the Town with whom you would like us to work with
regard to all fIscal matters associated with the contract between the Town and the State. Please have that person
complete and sign the enclosed Contractor's Information Checklist. Also, please identify the person with whom
you would like us to work with regard to all matters associated with the conservation easement( s) that will result
from this contract; that person will serve as your project manager. Please provide this information to David Behm,
the Department's Farmland Protection Program Manager. He may be reached by phone at 518-485-7729, by fax at
518-457-2716 or bye-mail atdavid.behm@agmkt.state.ny.us.
The Department looks forward to working with you in preserving your valuable farmland resources for
agricultural production purposes now and in the future.
Sincerely,
-f~ dliS
Patrick H. Brennan
cc: Ken Schmitt, Chair, Suffolk County AFPB
Melissa Spiro, Coordinator, Land Preservation Department
,
Form A
NEW YORK STATE
DEPARTMENT OF AGRICULTURE AND MARKETS
2006-2007 ApPLICATION FORM
Farmland Protection Implementation Projects
Instructions:
1. Respond to each of the following questions in the space provided and ONL Y attach
separate statements or maps as directed. Any attached statement MUST NOT exceed
ONE page.
2. The details that you provide in response to the items below together with one Form
B.1 (Budget Summary for the entire application) and a Project Budget for each farm
project contained in your application will form the basis for the scoring of each proposal
submitted. If requesting funds for two or more farms, the information requested in Part
2, Items 1 through 8, should be separated for each farm, but may be aggregated onto
attached maps, lists or charts from which the information for each farm can be clearly
delineated.
3. You MUST provide all the information requested in order for your proposal to receive
full consideration for funding. Failure to provide all information may result in
disqualification of certain proposed farms within an applicant's proposal and/or a lower
overall score for a proposal.
Part 1 - Applicant Information (for sinQle or ioint applications)
1.
ace below.
2.
town.southold.n .us
PLEASE NOTE:
Rowehl Farm was included as one of 13 projects on Southold's proposal to
the State for the 2004-2005 Farmland Program. The Department of
Agriculture and Markets awarded the Town of South old $1,200,000 under
the 2004-2005 Farmland Program, Contract C800606.
The Town has closed on one of the 13 projects (Peter Harbes a/k/a
EWH, LLC) and in April 2006 requested re-imbursement of$I,125,385.00
leaving a balance of$74,615.00. Under separate cover, the Town has
indicated that they would like to apply the balance ($74,615) toward the
N&J Management Co. Farm which is also listed as one of the 13 projects on
the 2004-2005 awarded Contract C800606. This will leave a balance of$O
for Contract C800606.
The Town is re-submitting Rowehl Farm for the 2006-2007 Program.
Part 2 - Proiect Details (Repeat all Part 2 information if more than one farm.l
1. Landowner Information - Please provide (a) landowner's name, (b) farm name,
and (c) address. Does any landowner listed below have a conflict of interest?
ill- No DYes - if so, submit documentation regarding how you addressed each
conflict of interest. (NOTE: Please refer to "Applicant Eligibility" on pages 2-3 of
the Request For Proposals for additional information regarding conflicts of interest.)
(a) Robert Roweh1
(b) none
(c) 2755 Oregon Road
Mattituck, NY 11952
.
SCTM #1000-100-2-6.1
2. Property Identification - Department staff will conduct a visual survey of the
farm(s) proposed for funding. Please provide written driving directions (in the
table at the bottom of this page) to each farm from a major highway.
Take CR 48 to Elijah's Lane going north. Take Elijah's Lane to Oregon Road. The farm is located on the
north side of Oregon Road in Mattituck, just west of the intersection of Elijah's Lane and Oregon Road.
The number on the farmhouse mailbox is 2755.
See Location Map for subject parcels (Map #1) at beginning of Project Details.
Attach a tax parcel map(s) and other information as needed (all of which should
be labeled as "Form A - Part 2 - Item #2") so Department staff can locate the
farms or parcels to be protected, including the approximate configuration of the
property boundaries of each farm and nearby landmarks such as prominent natural or
man-made features. On each tax parcel map (or aerial photograph) of each
farm, you MUST outline the boundaries of: (a) the proposed conservation
easement area, and (b) any other tax parcel (or portion thereof) also owned by the
landowner but not included in this conservation easement project (i.e., "excluded
lots"). For each and any such excluded lot, you MUST attach a statement
discussing why you believe the exclusion of such lot(s) from the proposed
conservation easement area will NOT affect the long-term viability of the
agricultural land for that particular farm contained in your proposal.
",
FORM A
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Form A - Part 2 - Item #2: Area Exclnded from Conservation Easement
Robert Rowehl
An area equal to approximately 3010 acres (Reserve Area) has been excluded from the
proposed Development Rights Easement Area. The Reserve Area contains an existing
residential dwelling owned and occupied by Rowehl in addition to the area of his
property not currently tilled. The easement area will include some of the Oregon Road
frontage, although the extent remains undetermined at this point.
The Town's program has historically excluded residential dwellings from Development
Rights Easements. The Reserve Area will remain as part of the farm parcel, but will not
be within the easement area. Therefore, exclusion of the Reserve Area from the
development rights easement will not affect the long-term viability of the agricultural
land.
Mr. Rowehl owns two adjacent 5 acre lots to the north of the subject property. These lots
are single and separate lots created by subdivision approval in the 1990's. At one point
Mr. Rowehl had offered the development rights on the southern most lot, however, he is
currently not interested in doing so.
3. Farmland Easement Information - Rowehl
For each farm, please provide ALL of the following information:
. Please complete the far right two colurnos of this table for the proposed
conservation easement area associated with each farm in your proposal.
. Please attach a soil srnvey map of the proposed conservation easement
area associated with each farm in your proposal.
. Please attach a table illustrating the acreage of each soil type comprising
(a) USDA Prime Soils, and (b) Soils of Statewide Significance
occurring within the proposed conservation easement area associated
with each farm in your ro osal.
Acres to be protected
(based upon either a tax parcel map or an existing legal survey) ~
Farm
#3 Acres
(#1)
(#2)
(#3) 24.25
(#1)
(#2)
(#3) 24.25
(#1)
(#2)
(#3) 0
(#1)
(#2)
(#3) 24.25
(#1)
(#2)
(#3) 0
# of protected acres available for crop and/or livestock production -
. Please calculate the extent of the proposed easement area for this item
for each farm as follows (enter this information in far right column of
this row in this table):
# of protected acres available for crop and/or livestock production divided by
the # of protected acres, then multiply that amount by 100 to determine its %
(round up to the nearest whole number).
# of protected acres in woodlands and wetlands -
. Please calculate the extent of proposed easement area for this item for
each farm as follows (enter this information in far right column of this
row in this table):
# of protected acres in woodland and wetlands divided by the # of protected
acres, then multiply that amount by 100 to determine its % (round up to the
nearest whole number).
# of protected acres in USDA Prime Soils ~
. Please calculate the extent of proposed easement area for this item for
each farm as follows (enter this information in far right column of this
row in this table):
# of protected acres in USDA Prime Soils divided by the # of protected acres,
then mllltiply that amount by 100 to determine its % (round up to the nearest
whole number).
# of protected acres in Soils of Statewide Significance =
. Please calculate the extent of proposed easement area for this item for
each farm as follows (enter this information in far right column of this
row in this table):
# of protected acres in Soils of Statewide Significance divided by the # of
protected acres, then multiply that amount by 100 to determine its % (round
up to the nearest whole number).
Note: Please DO NOT submit copies of LESA or other farmland assessment reviews, local
application forms, or local ranking systems for proposed farms.
Statement of Relevance - All applicants must attacb a brief statement (labeled as "Form A -
Part 2 - Item #3") that clearly and convincingly illnstrates the relevance, importance and
significance of protecting the farm(s) identified in your proposal to the implementation of your
County Agricultural and Farmland Protection Plan, or, if the applicant is a municipality, that
municipality's farmland protection plan or comprehensive plan or similar planning document. DO
NOT REL Y SOLELY ON YOUR PLANNING DOCUMENT TO MAKE YOUR CASE.
Extent 01
Proposel
Easemen
Area ( %
100%
0%
100%
0%
';p~/'"
,. "
/,
;,f
"',
Soils Legen~ Importance
_ Statewide
_ Prime
f Southold GIS
b Town 0 . ht
Map Prepared Y Spring 2004 Fhg
June 26, 2006 phs Taken From
. I Photogra , A ency
Aerla rty Tax Service ~ Suffolk, N.Y.
R al Prope 6 County 0
Suffolk County C~PYRIGHT 200 ,
GIS Basemap
Form A - Part 2 - Item #3: Farmland Easement Information
SOIL INFORMATION CHART
FARM
PRIME SOILS
~STATEWIDE
I SOILS
-~ .----
JIM.: majority None
.. (Haveriloanl0-2% sl()pe)
Rc;lA
(Rlverhead sandyJoaIIlO-3 % slope)
Arrieta
_C..-->;"
HaA: majority
(Haven loam 0-2% slope)
HaB .
"CHiden loam 2-6% slope)
I
None
HaA: majority
, . .'(frllyen loam 0-2% slope)
HaB. .
. (Haven loam 2-6% slo e)
RdB
(Riverhead sandy loam 3-8%)
None
Form A - Part 2 - Item #3: Statement of Relevance
Robert Rowehl
In 1999, the Town commissioned a full farmland inventory and in 2000, unanimously
adopted a Farm and Farmland Protection Strategy. The Purchase of Development Rights
program is a vital part of the Farm and Farmland Protection Strategy, as is the continued
leveraging of Town funds with matching federal and state funds dedicated for farmland
preservation. Goals of the Farm and Farmland Protection Strategy include: I) To preserve
land suitable for farming and 2) To ensure that farming remains an important part of the
local economy. The objectives of the Goals are to make farmland preservation a viable
and attractive option for landowners (as opposed to residential development) and to help
farms and farm-related businesses remain economically viable in the highly competitive
agri-business market, and in the face of escalating residential development. Preservation
of the Rowehl farm meets the overall intent and goals and objectives of the Strategy. It
preserves land through the development rights program, it leverages the Town's funds
through a partnership with the State, it preserves an existing, actively farmed parcel and it
removes it from the threat ofresidential development.
Form A - Part 2 - Item #4: Nature of Farm Enterprise
Robert Rowehl
Robert Rowehl has been fanning these parcels for over 25 years. In addition to his 25
acres, Mr. Rowehl fanns over 125 additional acres in the vicinity of his farm. The fann is
a traditional Long Island fann, producing mainly com and grain.
"
Form A - Part 2 - Item #5: Farm Succession
Robert Rowehl
The farm operation is supported by irrigation wells, support structures and a farmhouse.
The property is adjacent to, and in the vicinity of other active farms, some of which are
already preserved. Once the landowner sells the development rights, agriculture will be
the highest and best use for the property.
Mr. Rowehl has discussed selling a development rights easement to the town over the
years, however, due to family and health issues, he has not proceeded to do so. Mr.
Rowehl is looking towards retirement and the Town hopes to be in a position to purchase
a development rights easement to ensure that the farm will continue in active agriculture
and will not be developed should Mr. Rowehl stop farming.
"
Form A - Part 2 - Item #6: Proximity to Protected Farms
Robert Rowehl
The Rowehl farm is adjacent to II acres of County owned development rights and across
the street from 36 acres of Town owned development rights.
The Rowehl farm's easterly property line is adjacent to the Shur farm and the Arrieta
farm. The Town is expected to enter into contract with the Shur's within the next week,
for a 13010 acre development rights easement. The Town also has a pending application on
the Arrieta farm (Project #1 in RFP).
The Rowehl farm is across the street from, and in the vicinity of, over 200 acres ofland
preserved with either Town or County development right easements.
All of the farms on Oregon Road are on the Town's list for potential preservation.
'""
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Map Prepared by Town of Southold GIS
June 26, 2006
Aerial Photographs Taken From Spring 2004 Flight
Suffolk County Real Property Tax Service Agency
GIS Basemap COPYRIGHT 2006, County of Suffolk, N.Y.
Form A - Part 2 - Item #7: Significant Natural resource Buffer
Robert Rowehl
Preservation of this farm includes the preservation of agricultural soils. Preservation
limits future residential use, therefore it protects the agricultural soils from conversion to
residential uses.
The property is approximately 1800 feet south of Long Island Sound. Long Island Sound
is a significant natural public resource. Although the farm is not directly adjacent to the
Sound, preservation of the farm results in a buffer from additional residential
development in the vicinity of the Sound.
Form A - Part 2 - Item #8: Evidence of Development Pressure
Robert Rowehl
The Town of Southold has been a farming community since its founding over 350 years
ago. The Town of Southold faces significant development pressure from an expanding
year-round population, a large and ever-growing demand for seasonal vacation home,
golf courses and golf course communities. The increased growth and development is
placing severe pressure on the agricultural lands, water supply, open and recreational
space, rural character, natural resources, and transportation infrastructure of the Town. In
1990, the US Census Bureau defined the western edge of the adjacent Town of Riverhead
as urbanized.
Increasing development pressure has caused land values to skyrocket in the past few
years. Only five years ago, the town of Southold purchased development rights for under
$20,000 an acre. Current appraisals support easement values within the range of $60,000
to $70,000 per acre, with some exceeding that range. Development pressures pose a
threat to commercial farming because farmers are forced to compete with residential
buyers for larger lots.
Approximately one-third of the Town, approximately 10,200 acres, is devoted to active
agriculture. Over the last twenty year period, public and private efforts to conserve
agricultural land for the future have been successful in preserving over 3,300 acres of
farmland. However, the Planning Board currently has before it 5 applications for
Standard Subdivisions (subdivisions without a preservation component) and 4
applications for Conservation Subdivisions (subdivisions with a preservation component)
within the Agricultural Conservation Zoning District, which is comprised mainly of
prime agricultural land. In addition to these formal applications, the Planning Department
meets daily with Real Estate Brokers and Developers in regard to potential subdivision of
other agricultural properties. All farms in Southold Town are faced with significant
development pressure as the land values continue to increase.
FORM A - PART 2 - Item #9 (RowehI)
OR
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-5711
Fax (631) 765-1366
NOV 2 0 2002
OEPl OF LAND
PRESERVATION
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
I am the owner of the property described below and I would like to explore preservation of this
land under the Town's Land Preservation programs.
K(J ber-:T RJwe--hL
Name of Owner (please print)
Names of other owners
Mailing Address
2.. 7 5 6 O,.e J (J ^-
f^,'f>.-rTI To) vi, NY,
r<!.J
/) 9~2-
Phone Number
Tax Map No. 11 000 --I (1 0 --
Property Location
2.. -- 6. I
I Acreage ~ffered for 2.. r'
preservation ~
2. 7 S S- 0 r .eScJ ~ R cd---
f'!'> A- TT/ T l/ c.-k. NY, () l' S- 2-
Briefly describe the property (e.g., open space, active farmland, wetland, etc.) and ideas you
may have about preservation of your property.
dA- ~~ ;yfcVlMt ~
You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to
participate in any of the regular meetings of the Land Preservation Committee.
I understand that this application does not commit me, or the Town of Southold, to the
sale/purchase of the property or any portion of the rights thereto. Rather, it signifies an
interest in serious dialog concerning the merit and method of possible preservation of my land.
~~ date J!I(i-/ct~
Please return the completed form to
Southold Town Land Preservation Department
When you return this completed form, it would be helpful to include an eXisting survey/sketch and any other
NYS Department of Agriculture and Markets
Request for Proposals - FY2006-2007
10. Stewardship Responsibilities -
5
Name of municipality or organization that will hold Town of South old
the conservation easement(s):
Name of municipality or organization, if any, that will
serve as a third party with right of enforcement for
the conservation easement(s):
Name of municipality or organization that will Town of Southold - Land Preservation Dept.
regularly monitor the conservation easement(s):
Name of municipality or organization that will Town of South old - Land Preservation Dept.
enforce and defend the conservation easement(s): and Code Enforcement Officer
Note: If the municipal applicant will NOT be holding or monitoring the conseNation
easement, please attach a letter from the organization (labeled as "Form A - Part 2 -
Item #10') that will be doing so, verifying its role in the project.
NYS Department of Agriculture and Markets
Request for Proposals - FY2006-2007
6
11. Conservation Easement Document - Applicants must specify which
conservation easement they intend to use in their local farmland protection
implementation project:
x
the Department's Standard Agricultural Conservation Easement, or
The Town of Southold has worked with the Department of Agriculture and Markets
in the past, and the language of the conservation easements used by the Town has
been approved by the Department. The Town is willing to use, and has used, the
Department's Standard Agricultural Conservation Easement with amendments
approved by the Department, and is willing to work with the Department in advance
to discuss any issues or concerns the Department staff may have.
D the applicant's conservation easement document. If so, the applicant
must indicate if it will consider any modifications to its conservation easement that
the Department deems necessary to achieve the goals of the Farmland Protection
Program. Please also submit a copy of your conservation easement
document with the proposal.
Note: For awarded projects, first priority for reviews of required documentation will
be given to those entities that use the Department's Standard Agricultural
Conservation Easement.
"
NYS Department of Agriculture and Markets
Request for Proposals - FY2006-2007
7
12. Planning Documents - Non-county applicants should provide a copy (labeled
as "Form A - Part 2 - Item #12") of only the relevant sections of the planning
document(s) that serve as the basis for requesting implementation funding from the
State (e.g. a municipal farmland protection plan, comprehensive plan, or other
similar planning document).
Note: A county with an Agricultural and Farmland Protection Plan, approved
pursuant to Article 25-AAA of the Agriculture and Markets Law, SHOULD NOT
submit a copy of the approved county plan with its proposal.
Attachment "A" Chapter 25 - Agricultural lands Preservation
Attachment "8" Chapter 6 - Community Preservation Fund
Attachment "c" South old Town Farm & Farmland Protection Strategy
<,
FORM A - PART 2 - Item #13
. SuffolJt: County AgricUlbira1 and Farmland Protection Board
c/o Cornell Cooj >eralive Extension. Suffolk County
.423 Grift'bIg A~l River~ NY 11901
. ,., .
June 22, 2006
Ms. Lucy Roberson, Director
Division of Fiscal Management
NYS Department of Agriculture and Market:,
lOB Airlioe Drive
Albany, New York 12235
Dear Ms. Roberson:
The Suffolk County Agricultural and Farrnla ad Protection Board has continually supported Suffolk County
Towns in their applications to receive Fedenl and State funds to help them with the purchase of fannland
development rights. Suffolk County and its Towns have established an outstanding track record in the
preservation of farmland. Matching grants a:e an important and necessary part of continuing preservation
efforts in the face of extremely strong develcpment pressure. In 2002 there were only 34.127 acres of farmland
left in Suffolk County. This is down from 1::3,346 acres in 1950. Currently Suffolk County is losing 346 acres
offarrnJand each year.
It is for these reasons that the Suffolk Count}. Agricultural and Farmland Protection Board supports and
endorses the Town of SoutllOld's application for matching New York State Funds for the purchase offarrnland
development rights.
Sincerely,
~~
Kenneth Schmitt
Cbairman
Suffolk County Agricultural and Farmland P 'otection Board
"
FORM A - Part 2 -Item #14
Key Personnel
The process of review, recommendation, negotiation and contract/closing,
involves:
Melissa Spiro, Land Preservation Coordinator (full time)
Town of Southold Department of Land Preservation
19 years working for the Town of South old in Planning and Land Preservation
Departments.
Melanie Doroski, Administrative Assistant (full time)
Town of Southold Department of Land Preservation
6 years working with the Land Preservation Coordinator
Lisa Clare Kombrink, Esquire
4 years as special counsel for the Town of South old Department of Land
Preservation working with development rights easement contracts and closings
Reynold Blum, Chairman (volunteer)
Town of South old Land Preservation Committee
Vineyard owner/operator and a past participant in Town's land preservation
program
Members (volunteers) of the Town of Southold Land Preservation Committee
that include farmers and environmentalists.
APPENDIX D
GENERAL CONDITIONS FOR
AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION
AGREEMENTS
New York State Department of Agriculture and Markets
These general conditions apply to the administrative aspects of the
Grant Agreement and reflect New York State's contract recordkeeping and
payment procedures. These general conditions cannot be changed.
PAYMENT
Payment of state funds shall be made to the Contractor after approval of
this Agreement by the State Comptroller, upon the submission of a payment
request (Standard Voucher), and the following supporting documents:
1. a fully executed purchase agreement (even if development rights will
be fully donated);
2. a Form B-Project Budget for Disbursement to represent the actual
total costs of the farmland protection implementation project as well as
the local matching contribution and the state funding requested;
3. a title insurance commitment for a policy to insure the conservation
easement interest indicating an amount of coverage at least equal to
the State's financial contribution toward the total project costs of the
conservation easement transaction for the subject farm - provided that
all title curatives required by the Department have been previously
approved by the Department prior to disbursement of the State's
financial contribution;
4. an appraisal by a New York State Certified General Real Estate
Appraiser;
5. a legal survey (including corresponding legal description), which has
been prepared by a licensed surveyor, of the proposed conservation
easement area for the subject farm and which delineates each
farmstead area;
6. an approved conservation easement or deed of development rights;
7. a draft baseline documentation report of the proposed conservation
easement area for the subject farm which describes the condition of
the property and an inventory of all man-made structures and
improvements that will be present at the time when the conservation
easement is conveyed;
8. a monitoring plan;
Appendix D
CB00646
'.
9, any agreement between the municipality and another to hold or
maintain the interest in the real property, if applicable; and
10, a signed waiver, if applicable, pursuant to Section 305(4) of the
Agriculture and Markets Law,
The Contractor shall submit all requests for payment, reports and
supporting documents to the following address: NYS Department of Agriculture
and Markets, Division of Fiscal Management, 108 Airline Drive, Albany, NY
12235, Invoices, standard vouchers and any reports will not be considered
received by the Department and any interest which may be due the Contractor
will not begin to accrue until they have been received by the Division of Fiscal
Management.
Payment to the Contractor under this Agreement shall not be made
unless the Contractor shall have submitted to the Department a written payment
request together with such information as required by the Agreement. Payment
shall not be due until the 60th calendar day after receipt of the payment request,
where contract funds have been appropriated and made available to the
Department.
Upon examination of the Contractor's payment request and supporting
material, the Department may, in its sole discretion, modify or adjust the amount
requested to reflect contract funds expended as of the date of the request.
Subsequent to its review and approval of the payment request, the Department
will transmit the request to the Comptroller for payment.
The total payment made under this Agreement will not exceed the
Contractor's actual costs and expenses arising from the completion of the work
under this Agreement.
TITLE
The Contractor shall ensure that the title to the lands or interests therein
shall be unencumbered or, if encumbered by outstanding or reserved interests,
the Contractor shall ensure that such encumbrance shall not interfere with the
agricultural and farmland protection purpose for which the interest therein is
being acquired, The Contractor shall provide a title policy and title insurance, at
a minimum, for the State's share of the interest in real property being obtained,
In the event of a failure of title, the Contractor will use the title insurance
proceeds towards the purchase of an interest in another approved parcel
contained in Appendix C or reimburse the Department for the amount of State
funds paid,
Appendix 0
CBO0646
2
EASEMENT REQUIREMENTS
The Contractor shall require that all easements or other interests in land
acquired under this agreement:
1. run with the land in perpetuity;
2. prevent the land from being converted to non-agricultural uses; and
3. require that all amendments to the approved easement be authorized
by the Department.
ALIENATION OF DEVELOPMENT RIGHTS
The Contractor shall notify the Department in writing if the Contractor
proposes to alienate, in accordance with the procedure set forth in Chapter 25 of
the Town Code of the Town of Southold, any of the development rights
purchased under this Agreement. The Contractor shall reimburse to the
Department any State funds used for the purchase of any development rights
which are subsequently alienated and reunited with the underlying fee title.
APPROVED AGREEMENTS AND MONITORING PLANS
The Contractor shall submit the proposed agreements to purchase
development rights or to obtain a conservation easement, the monitoring plan
and any sub-agreement to hold or maintain the interest in real property at least
sixty (60) days prior to the planned submission of the payment request for that
transaction. The Contractor and the Department shall negotiate the terms and
conditions of such agreements and monitoring plans, when necessary. The
Department shall advise the Contractor in writing when the agreements and
monitoring plans have been approved. No funds available under this Agreement
shall be disbursed until the Contractor's agreements and monitoring plan have
been approved by the Department.
COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS
The Contractor is responsible for complying with all local, state and
federal laws applicable to the work performed under this Agreement.
PAYMENT CONTINGENCY
Funds for payment under this Agreement are provided to the Department
through appropriations from the New York State Legislature. These
appropriations are made on a fiscal year basis. New York's fiscal year begins on
April 1 of each calendar year and ends on March 31 of the following calendar
Appendix D
C800646
3
.
"
year. Funds for payment under this Agreement were appropriated to the
Department during the 2006-2007 fiscal year and were reappropriated during
the 2007-2008 fiscal year. Payment for work under this Agreement which is
completed by the Contractor after the 2007-2008 fiscal year is subject to
appropriation or reappropriation of funds by the Legislature in each subsequent
fiscal year,
FINANCIAL LIMIT
The financial limit of State appropriated funds under this Agreement shall
not exceed the amount indicated on the latest executed version of the signature
page of this Agreement and the Department shall not be obligated to make any
payment to the Contractor in excess of that amount.
CONTRACT EXPENDITURES
Expenditures under this Agreement shall conform to the budget annexed
as Appendix S, provided however, that the Contractor may vary budget
amounts by not more than fifteen percent (15%) within each specific budget
category. Any budget variance in excess of fifteen percent (15%) shall be made
only upon the prior written approval of the Department. This paragraph does
not apply to budget amounts of one thousand dollars ($1,000.00) or less.
NON-DUPLICATION OF PAYMENTS
The payments received by the Contractor under this Agreement shall not
duplicate payments received from any other source for the work performed under
this Agreement. In the event of such duplication, the Contractor shall remit to
the Department the amount which duplicated payment received from other
sources.
SUBCONTRACTS
Any subcontracts under this Agreement shall be in writing and shall clearly
describe the goods or services to be provided and the total cost of such goods or
services. Subcontracts for services only shall separately state the rate of
compensation on a per-hour or per-day basis.
FINAL REPORT
Not later than ninety (90) days from completion of the work under this
Agreement, the Contractor shall file with the Department a final report that
includes the documentation set forth in Appendix E of this Agreement.
Appendix D
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RECORDS MAINTENANCE, EXAMINATION AND RETENTION
The Contractor shall maintain records and accounts in specific detail to
identify all contract funds received and expended under this Agreement. The
Contractor shall maintain a daily written record which contains the name(s) of
the officer(s) and employee(s) providing services under this Agreement and the
amount of time expended upon such services.
The Contractor shall maintain the records required under this paragraph
as set forth in Appendix A to this Agreement.
INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the State of New
York and the Department from all liability incurred by the Department for bodily
injury and personal property damages resulting from the negligent acts, errors or
omissions of the Contractor, its officers, agents or employees in the provision of
services under this Agreement, provided that the Department promptly notifies
the Contractor of any such claim and affords the Contractor an opportunity to
defend such claim and cooperates fully with the Contractor in the defense of
any claims.
NON-SECTARIAN PURPOSE
The Contractor shall not expend funds received under this Agreement for
any purposes other than for performance of the work under this Agreement, and
hereby represents that no contract funds shall be expended directly or indirectly
for any private or sectarian purpose.
CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT
Neither the Contractor, nor its agents, employees, suppliers or
subcontractors shall be in any way deemed to be employees or agents of the
Department or of the State of New York in performing the work under this
Agreement.
DEVIATION FROM WORK
The Contractor shall perform the work under this Agreement as set forth
in the application attached as Appendix C. Any substantial deviation from the
application shall require the prior written approval of the Department.
Appendix D
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TERMINATION
The Department may terminate this Agreement for convenience upon
giving thirty (30) days written notice to the other party. Upon receipt of such
notice from the Department, the Contractor shall immediately cease work and
prepare a statement of costs, expenses and non-cancelable commitments
incurred as of the date of such termination.
The Department may terminate this Agreement for cause upon giving
one (1) day's written notice.
The Contractor's failure to perform in accordance with the terms of this
Agreement due to circumstances reasonably beyond the Contractor's control
should not constitute cause for termination pursuant to this provision. In the
event of such failure to perform, the Department may, at its option, either grant
the Contractor a specified period in which to correct its performance, or
terminate this Agreement in accordance with this paragraph.
MODIFICATION
This Agreement may not be modified unless such modification is made in
writing, executed by the Department and the Contractor and approved by the
Attorney General and Comptroller of the State of New York.
NECESSARY SIGNATURES
If the financial limit under this Agreement exceeds Fifty Thousand Dollars
($50,000) this Agreement shall not be binding and effective upon the
Department unless and until approved by the Attorney General and the
Comptroller of the State of New York.
Appendix D
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APPENDIX E
FINAL REPORT DOCUMENTATION CHECKLIST
The Contractor shall provide the Department with a copy of each of the
following documents within ninety (90) days following the closing of the conservation
easement transaction(s):
o A closing statement for each conservation easement transaction.
o All closing checks associated with each conservation easement
transaction.
o The final title insurance policy issued for each conservation easement.
o Any subordination agreements and any mortgage discharge statements
that were required by the Department for each conservation easement.
o A fully executed stewardship agreement and any other agreement
between applicant and easement holder if not the same entity (if
applicable) .
o A recorded conservation easement (or deed of development rights, or
equivalent document).
o Final baseline documentation report (including all attachments thereto and
as signed by landowner) for each conservation easement.
o Combined Real Estate Transfer Tax Return (form TP-584) as filed for
each conservation easement.
o Easement holder's letter to the NYS Department of Environmental
Conservation pursuant to Section 49-0305(4) of the Environmental
Conservation Law.
o A statement of any problems encountered during the contract period
which may have affected the completion of the plan of work.
o A letter from easement holder to the Department indicating the
approximate date(s) of the first monitoring site visit for each conservation
easement.
Appendix E
CB00646