HomeMy WebLinkAboutFederal Farm & Ranch Lands Protection Program FY 2007~® RESOLUTION 2008-728
~~+.~°~ ADOPTED DOC ID: 4111
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-728 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 29, 2008:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute Revision Number 1 to Cooperative Agreement No.
73-2C31-7-00956 between the USDA-Natural Resources Conservation Service (MRCS) and
the Town of Southold in connection with an existing Cooperative Agreement between the
United States of America Commodity Credit Corporation and the Town of Southold, dated June
26, 2007. The execution of this revision will include Attachment C to this Agreement and
provide an additional $1,220,000.00 in financial support available to the Town of Southold for
the implementation of the Federal Farm and Ranch Lands Protection Program FY 2007, subject
to the approval of the Town Attorney.
~~~
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED ~UNANIMOUS~
MOVER: Albert Krupski Jc, Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Orlando, Krupski Jr., Wickham, Evans, Russell
ABSENT: William Ruland
Ya1tN1 SfatN GpArlanAM Of AoACUNun
o MRCS
Natural Resources Conservation Service
441 S. Salina Street
5'" Floor, Suite 354
Syracuse, NY 13202-2450
Phone: (315)477-6518
August 8, 2008
Town of Southold
Department of Land Preservation
Attn: Melissa Spiro, Land Preservation Coordinator
P.O. Box 1179
Southold, NY 11971-0959
Re: Revision Number i to Cooperative Agreement # 73-2C31-7-00956
Dear Ms. Spiro:
Enclosed is a fully executed copy of Revision Number 1 to Cooperative Agreement #
73-2C31-7-00956 between the Natural Resources Conservation Service and the Town of
Southold for your files.
If you have any questions, or if I can be of further assistance, please let me know.
Sincerely,
..
'/~~ ~~ ''
Kimberl A. Stinson ~,
Mana ment and Program Analyst
Cc: Michael Fournier, FRPP Manager, NRCS, Syracuse, NY
Maria A. Maniscalco, Budget Officer, NRCS, Syracuse, NY
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DEPT. OF LAND
Helping People Help the Land
M EQUaI Opportunity Provitler antl Employer
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TEMPLATE 2008 - 7/08/2008 -FINAL
Agreement No. 73-2C31-7-00956
(Same as FY2007 Agreement
No. with the same Cooperating
Entity)
REVISION NUMBER 1 TO
COOPERATIVE AGREEMENT
BETWEEN THE
UNITED STATES OF AMERICA
COMMODITY CREDIT CORPORATION
WORKING THROUGH THE
NATURAL RESOURCES CONSERVATION SERVICE
and the
[Town of Southold]
for the
FARM AND RANCH LANDS PROTECTION PROGRAM
This Cooperative Agreement, made the e~~day of (/UN~ ;,~flp'~a,~d revised this
~h day of, flG>'hUS~, 2008 is entered into by and between the United States of America (the
United States), acting by and through the Commodity Credit Corporation (CCC), and the Town
of Southold for the implementation of the Farm and Ranch Lands Protection Program (FRPP).
The CCC shall utilize the expertise and services of the United States Department of Agriculture,
Natural Resources Conservation Service (MRCS) to administer this program and perform the
duties set forth within this Cooperative Agreement. For purposes of this Cooperative
Agreement, the term "Parties" refers collectively to the United States and the Town of Southold
By executing the revision, the parties agree that the new document supplants the original
agreement and represents the understanding of the parties.
I. AUTHORITY.
This Cooperative Agreement is entered into by the United States under the authorities of
the Commodity Credit Charter Act, 15 U.S.C. 714 et seq.; Title II, Subtitle F, Section 2503 of the
Farm Security and Rural Investment Act of 2002 (Public Law 107-171) and Title VII, Section
714 of the Agriculture, Rural Development, Food and Drug Administration, and related Agencies
Appropriation Act of 2001 (Public Law 106-387). In addition to these authorities, this
Cooperative Agreement will be administered in accordance with the policies and procedures set
forth in the FRPP regulation, 7 CFR part 1491. The CCC administers the FRPP under the
general supervision of the Chief of the NRCS who is a Vice President of the CCC.
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II. BACKGROUND AND PURPOSE.
Enacted on May 13, 2002, Section 2503 of the Farm Security and Rural Investment Act
of 2002 authorized the Secretary of Agriculture to purchase conservation easements that are
subject to pending offers from a State, Tribal or units of local government or eligible
nongovernmental organizations for the purpose of protecting topsoil by limiting non-agricultural
uses of the land. To be eligible, the farm or ranch land must contain prime, unique, or other
productive soil or historical or archaeological resources. The Farm Security and Rural
Investment Act of 2002 authorized funding for fiscal years 2002 through 2007. On Mazch 14,
2007, CCC published an Announcement of Program Funding on www.grants.gov requesting
proposals for participation from Tribes, States, units of local government, and non-governmental
organizations. See Catalog of Federal Assistance Number 10.913.
WHEREAS, the Town of Southold and the United States have mutual interests in
preventing the conversion of agricultural lands to non-agricultural uses; and
WHEREAS, the United States administers the FRPP; and
WHEREAS, the Towu of Southold administers a farmland protection program and has
pending offers for acquiring agricultural conservation easements from landowners within the
Town of Southold, and the United States and the Town of Southold have agreed to combine
their resources to assure that such areas are protected From conversion to nonagricultural uses.
THEREFORE, the parties agree to enter into this Cooperative Agreement.
III.OBLIGATION OF FUNDS
Upon execution of this agreement, the United States shall obligate the sum of
$ 0 for the acquisition of the United States' interests in conservation easements for the parcels
listed on Attachment A and related ALTA U.S. title insurance policies (09/28/91) on behalf of
the United States government. The Town of Southold must request payment of this amount in
accordance with Part VI of this Cooperative Agreement before June 30, 2009. (NOTE: THE
DATE "June 30, 2009" SHOULD BE REPLACED WITH "September 30, 2012" IF THE
ENTITY EXERCISES THE INSTALLMENT PAYMENT OPTION).
Upon execution of this agreement, the United States shall obligate the sum of
$ 0 for the acquisition of the United States' interests in conservation easements for the parcels
listed on Attachment B and related ALTA U.S. title insurance policies (09/28/91) on behalf of
the United States government. The Town of Southold must request payment of this amount in
accordance with Part VI of this Cooperative Agreement before June 30, 2010. (NOTE: THE
DATE "June 30, 2010" SHOULD BE REPLACED WITH "September 30, 2013" IF THE
ENTITY EXERCISES THE INSTALLMENT PAYMENT OPTION).
Upon execution of this agreement, the United States shall obligate the sum of
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$ 1,220,000 for the acquisition of the United States' interests in conservation easements for the
pazcels listed on Attachment C and related ALTA U.S. title insurance policies (09/28/91) on
behalf of the United States government. The Town of Southold must request payment of this
amount in accordance with Part VI of this Cooperative Agreement before June 30, 2010.
(NOTE: THE DATE "June 30, 2010" SHOULD BE REPLACED WITH "September 30, 2013"
IF THE ENTITY EXERCISES THE INSTALLMENT PAYMENT OPTION).
If easements on all the pazcels listed on Attachment A or the replacements for those
parcels are not closed by Mazch 31, 2009, any remaining funds will be released from this
obligation unless the agreement is extended for specific easements, as provided for in pazagraph
IX(C).
If easements on all the parcels listed on Attachment B or the replacements for those
parcels are not closed by March 31, 2010, any remaining funds will be released from this
obligation unless the agreement is extended for specific easements, as provided for in paragraph
IX(C).
If easements on all the parcels listed on Attachment C or the replacements for those
parcels aze not closed by March 31, 2010, any remaining funds will be released from this
obligation unless the agreement is extended for specific easements, as provided for in paragraph
IX(C).
This Cooperative Agreement is the authorizing document that obligates CCC funds to
acquire conservation easements. The United States' contribution for the acquisition of each
conservation easement acquired by the Town of Southold shall be up to but not more than 50%
of the appraised market value of the conservation easement in accordance with NRCS polices
and procedures. The United States' contribution cannot be used for closing and related
administrative costs incurred by the Town of Southold in acquiring the conservation easement.
Attachments A, B, and C to this Cooperative Agreement specify the properties on which CCC
funds will be used within the Town of Southold and includes a list with a detailed breakdown
of the: (1) name and mailing address of the landowner; (2) tax map number(s) of the property; (3)
number of acres to be acquired; (4) FRPP's matching share; (5) the estimated conservation
easement value, and (6) the estimated cost of the ALTA U.S. title insurance policy (09/28/91).
However, nothing in this document obligates the United States or the Town of Southold to
purchase all or any of the conservation easements parcels listed. There may be further
modifications, additions or deletions to the list depending on the prices paid for the conservation
easements, the ability to obtain good and clear title, future funding for acquisitions, etc.
Additions or deletions to the Attachments A, B, and C will be made by mutual agreement
between the Parties to this Cooperative Agreement. Additions to Attachments A, B, and C must
have written pending offers and the parcels and the landowners must meet eligibility
requirements. The pending offers may be from any year, 2008 or a previous or successive yeaz.
The additions and deletions must be made by a formal amendment to this cooperative agreement
and must contain the same deadlines for closing easements, requesting reimbursement, and
certifying payments.
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IV. FEDERAL CONTRIBUTION
The Federal contribution for pazcels on Attachment A and B must be based on an appraisal of the
conservation easement performed by a certified general appraiser in accordance with the Uniform
Standards of Professional Appraisal Practices (USPAP) and the Uniform Appraisal Standazds for
Federal Land Acquisitions (UASFLA) (Interagency Land Acquisition Conference, 2000) and
policies and procedures in the NRCS Conservation Programs Manual, Part 519 The Federal
contribution for pazcels on Attachment C may be based on an appraisal of the conservation
easement performed by a certified general appraiser in accordance with the Uniform Standards of
Professional Appraisal Practices (USPAP) OR the Uniform Appraisal Standazds for Federal Land
Acquisitions (UASFLA) (Interagency Land Acquisition Conference, 2000) and policies and
procedures in the NRCS Conservation Programs Manual, Part 519. The appraisal must have an
effective date that is within twelve months of the closing date. For appraisals on Attachment A
and B,the appraiser must have completed training in using the Uniform Appraisal Standazds for
Federal Land Acquisitions (UASFLA) as well as either eminent domain or conservation
easements and have experience in appraising agricultural property with and without conservation
easements. For appraisals on Attachment C, the appraiser must have completed training in either
eminent domain or conservation easements and have experience in appraising agricultural
property with and without conservation easements.
The cooperating entities must submit four copies of each appraisal to NRCS no less than 90 days
before for proposed closing date for administrative and technical review. Easements will not be
closed until administrative and technical reviews aze completed on each appraisal and any
deficiencies aze resolved.
V. ENTITY'S CONTRIBUTION
The Town of Southold or designated escrow agent must disburse 100 percent of the payment,
representing the easement purchase price, to the landowner at the time of closing, unless it is
paying for the easement in installments in accordance with V.B. herein. The entity must
contribute in cash at least 50 percent of the appraised fair mazket value or purchase price of the
easement. A landowner donation up to 25 percent of the appraised mazket value of the
conservation easement may be considered as part of the entity's contribution. When the
landowner's donation is 25 percent or less, the entity cash contribution is the difference between
50 percent of the appraised fair mazket value of the conservation easement and the landowner's
donation. When the landowner donates between 25 and 50 percent of the appraised fair market
value of the conservation easement, the entity cash contribution is a minimum of 25 percent of
the appraised fair market value. When the landowner donates over 50 percent of the easement
value, the remaining payment of the purchase price (appraised fair market value minus the
landowner donation) is split equally between the entity and FRPP.
Prior to NRCS accepting the conservation easement and issuing a payment, the Town of
Southold shall self-certify on the NRCS CPA-230, Confirmation of Matching Funds, that the
Town of Southold's share of matching funds has not come from additional donations, payments,
loans or fees made by or chazged to the easement grantor, immediate family members, or
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organizations controlled by or funded by the easement grantor, either through formal or informal
agreements.
For parcels on Attachments A and B, the entity must have an appraisal of the conservation
easement performed by a certified general appraiser in accordance with the Uniform Standards of
Professional Appraisal Practices (USPAP) and the Uniform Appraisal Standards for Federal
Land Acquisitions (UASFLA) (Interagency Land Acquisition Conference, 2000) and policies and
procedures in the NRCS Conservation Programs Manual, Part 519. The appraisal must have an
effective date that is within twelve months of the closing date. For pazcels on Attachment C, the
entity must have an appraisal of the conservation easement performed by a certified general
appraiser in accordance with the Uniform Standards of Professional Appraisal Practices
(USPAP) OR the Uniform Appraisal Standazds for Federal Land Acquisitions (UASFLA)
(Interagency Land Acquisition Conference, 2000) and policies and procedures in the NRCS
Conservation Programs Manual, Part 519. The appraisal must have an effective date that is
within twelve months of the closing date. For parcels on Attachments A and B, the appraiser
must have completed training in using the Uniform Appraisal Standazds for Federal Land
Acquisitions (UASFLA) as well as either eminent domain or conservation easements and have
experience in appraising agricultural property with and without conservation easements. For
parcels on Attachment C that are being appraised under the Uniform Appraisal Standazds for
Federal Land Acquisitions (UASFLA), the appraiser must have completed training in using the
Uniform Appraisal Standazds for Federal Land Acquisitions (UASFLA) as well as either eminent
domain or conservation easements and have experience in appraising agricultural property with
and without conservation easements. For parcels on Attachment C that aze being appraised under
the Uniform Standards for Professional Appraisal Practice (USPAP), the appraiser must have
completed training in either eminent domain or conservation easements and have experience in
appraising agricultural property with and without conservation easements.
The entity must make all contributions, use appraisers, and order appraisals in accordance with
the policies and procedures in the NRCS Conservation Programs Manual, Part 519.
VI. PAYMENTS
A. The Town of Southold shall notify the United States when the CCC funds are to be paid.
CCC funds shall be paid to the Town of Southold when the United States is provided a copy of
the recorded easement and the Town of Southold has paid the landowner(s). Where a Town of
Southold cannot obtain 100 percent of the funds to be paid at closing to the landowner(s) and
requires the United States to make its payment at closing rather than on a reimbursable basis, the
Town of Southold may request a waiver for the United States to pay its share of the conservation
easement purchase at closing. In any instance where a waiver is requested, the Town of
Southold shall notify the United States at least 60 days prior to closing. Where a waiver is
requested, the United States shall make payment to an authorized closing agent. These funds will
be transmitted to the Closing Agent by electronic transfer. The Closing Agent will hold the
funds in escrow for a period not to exceed 14 calendaz days. Upon receipt of the funds, the
closing agent will sign a payment receipt form and return it to the United States. If interest is
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earned upon CCC funds, the Closing Agent must return any interest earned to the United States.
All conservation easement deeds used by the Town of Southold shall be approved by NRCS and
the Office of General Counsel (OGC) prior to purchase of the conservation easement. All
conservation easement deeds must be submitted to NRCS 90 days before the intended closing
date.
In order to obtain payment of FRPP funds, the Town of Southold will submit Form SF-
270 (Request for Advance/Reimbursement of Funds), and the information specified below to the
New York NRCS State Office. Prior to submitting the SF-270, the Town of Southold must
also request a copy of closing agent requirements from the United States and ensure that the
closing agent meets these requirements. The Town of Southold may submit the Form SF-270
prior to closing when a payment is issued at closing, after all the deeds have been recorded and
the landowner has been paid, or on a quarterly basis for each quarter that conservation easements
have been recorded and the landowner(s) have been paid.
At a minimum, the following information shall be included in, or attached to, the SF-270,
prior to NRCS accepting the conservation easement and disbursing payment: (1) the name of the
Town of Southold ; (2) this cooperative agreement number; (3) conservation easement numbers
(if applicable); (4) landowner name; (5) landowner's tax identification number (TIN) or social
security number; (6) total amount of dollars paid the landowner for each conservation easement,
specifying the CCC share and the non-CCC shaze of the conservation easement cost; (7) term of
conservation easement; (8) acres acquired for each easement; (9) Tax Identification Number
(TIN) for Town of Southold; (10) Federal Information Processing Standards (FIPS) number for
Town of Southold; (11) bank routing number and account number for desired deposit location;
(12) copy of the recorded conservation easement deed(s) for each easement with language that
has been approved by the OGC; (13) NRCS CPA-230, Confirmation of Matching Funds for
each easement; and (14) the amount paid for the ALTA U.S. title insurance policy (09/28/91) for
each easement and (15) a copy of the ALTA U.S. title insurance policy (09/28/91) for each
easement.
B. Upon request by a landowner, the Town of Southold may issue up to five annual
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 an appropriate legal instrument detailing the payment
schedule prior to CCC issuing installment payments. Once the easement has been recorded, the
Town of Southold may request a payment from CCC on a reimbursable basis afrer a sum equal
to the proportional amount due from the Town of Southold and the NRCS has been paid to the
landowner. (For example, where the entity is contributing 25% of the appraised mazket value
and FRPP is contributing 50% of the appraised mazket value, spread out in even payments over
three years, the payment amounts for the entity would be 8.3%, 8.3%, 8.4% and the NRCS
payments would be 16.6%, 16.7%, 16.7%. At the time of the first payment, the Town of
Southold can request reimbursement of 16.6% from NRCS, afrer paying the landowner 24.9% of
the appraised market value.) The Town of Southold must issue all installment payments,
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including disbursement of all CCC funds and those of the [Tribe/State/County/Local
Government/Non-governmental Organization] prior to September 30, 2012 for pazcels listed on
Attachment A. The Towu of Southold must issue all installment payments, including
disbursement of all CCC funds and those of the [Tribe/State/County/Local Government/Non-
governmental Organization] prior to September 30, 2013 for parcels listed on Attachment B and
C.
VII. CONSERVATION EASEMENT REQUIREMENTS.
The Towu of Southold shall ensure that conservation easements acquired under this agreement:
1. run with the land in perpetuity or the maximum allowable under State law, where
State law prohibits a permanent easement.
2. protect topsoil by limiting nonagricultural uses of the land;
3. provide for the administration, management, and enforcement of the easement by the
Town of Southold;
4. require management of the property in accordance with a conservation plan that is
developed utilizing the standards and specifications of the NRCS field office
technical guide, 7 CFR part 12, and is approved by the Conservation District. The
following paragraphs shall be included in all conservation easements acquired using
FRPP funds:
As required by section 1238I of the Food Security Act of 1985, as amended, the Grantor, his hens,
successors, or assigns, shall conduct all agricultural operations on the Protected Property in a manner
consistent with a conservation plan prepared in consultation with NRCS and approved by the
Conservation District. This conservation plan shall be developed using the standards and specifications
of the NRCS Field Office Technical Guide and 7 CFR part 12 that are in effect on (INSERT
EASEMENT SIGNATURE DATE). However, the Grantor may develop and implement a
conservation plan [hat proposes a higher level of conservation and is consistent with the NRCS Field
Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the
Property, with advance notice to the Grantor, in order to monitor compliance with the conservation
plan.
In the event of noncompliance with the conservation plan, NRCS shall work with the Grantor to
explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve
months, to take corrective action. If the Grantor does not comply with the conservation plan, NRCS
will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps
(including efforts at secwing voluntary compliance and, if necessary, appropriate legal action) to secwe
compliance with the conservation plan following written notification from NRCS that (a) there is a
substantial, ongoing event or circumstance ofnon-compliance with the conservation plan, (b) NRCS
has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal
rights under applicable NRCS regulations.
If the NRCS standards and specifications for highly erodible land are revised after the date of this
Grant based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and
implement a revised conservation plan. The provisions of this section apply to the highly erodible land
conservation requtrements of the Farm and Ranch Lands Protection Program and aze not intended to
affect any other natwal resowces conservation requirements to which the Grantor may be or become
subject.
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where parcels are being enrolled in FRPP based on historical and azchaeological
resources include, at minimum, a pazagraph identifying standazds 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 Towu of Southold will ensure that title restriction to
protect any historical and azchaeological structure(s) is appended to the deed and
included in any succeeding transfers; and
6. include the following "Rights of the United States of America" provision:
"Under this Conservation Easement, the same rights are granted to the United States
that are granted to the Town of Southold. However, the Secretary of the United
States Department of Agriculture (the Secretary), on behalf of the United States, will
only exercise these rights under the following circumstances: In the event that the
Town of Southold fails to enforce any of the terms of this Conservation Easement, as
determined in the sole discretion of the Secretary, the Secretary and his or her
successors or assigns may exercise the United States' rights to enforce the terms of this
Conservation Easement through any and all authorities available under Federal or
State law. In the event that the Town of Southold attempts to terminate, transfer or
otherwise divest itself of any rights, title, or interests in this Conservation Easement
without the prior consent of the Secretary and, if applicable, payment of consideration
to the United States, then, at the option of the Secretary, all right, title, and interest in
this Conservation Easement shall become vested solely in the United States of
America."
7. include provisions regarding the amount of impervious surfaces permitted on the
Property, in accordance with the NRCS 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.
9. identify the United States as a grantee in the deed along with the Town of Southold.
10. Include other terms that may be required by OGC or FRPP policy, such as a general
indemnification clause and hazardous materials warranty.
VIII. RESPONSIBILITIES.
A. Those of the United States -
1. The United States, by and through the NRCS, shall provide technical and other
services required to assist the landowner in developing an appropriate conservation plan in
accordance with 7 CFR part 12. To ensure that the conservation plan is implemented in
accordance with 7 CFR part 12, the NRCS will be provided the opportunity to conduct periodic
field visits on lands that are enrolled in the FRPP and associated lands owned or managed by the
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landowner which are also subject to 7 CFR part 12.
2. The CCC shall, subject to the availability of funds, disburse the appropriate funds to
the Town of Southold in accordance with Part III and VI of this Cooperative Agreement.
3. Prior to NRCS accepting the conservation easement and processing the payment,
NRCS shall: ensure that a conservation plan for highly erodible lands is developed in accordance
with 7 CFR part 12 and that an AD-1026, Highly Erodible Land and Wetland Certification form
has been filed at the appropriate USDA Service Center; ensure that aCCC-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; and acquire: a signed letter from the closing agent indicating that the agent
meets FRPP closing agent requirements, an executed NRCS CPA-230, Confirmation of
Matching Funds, and a copy of the title commitment. In addition, NRCS shall obtain an
American Land Title Association (ALTA) U.S. Policy (09/28/91) through the Town of Southold
insuring the United States' interest in the easement based on the amount paid for the
conservation easement by the United States. The title insurance will have a liability amount not
less than a sum that is 50 percent of the first $100,000 and 25 percent of that portion of the
amount of the value in excess of that amount. NRCS will reimburse the cooperating entity for
the title insurance premium.
4. NRCS shall conduct administrative and technical reviews of appraisals in accordance
with NRCS Conservation Programs Manual, Part 519.
5. NRCS shall certify payment for all conservation easements for parcels listed on
Attachment A acquired by September 30, 2009, including the first payment made for
conservation easements with installment payments. NRCS shall certify payment for all
conservation easements for pazcels listed on Attachment B and C acquired by September 30,
2010, including the first payment made for conservation easements with installment payments.
B. Those of Town of Southold -
1. The Town of Southold shall perform necessary legal and administrative actions to
ensure proper acquisition and recordation of valid easements.
2. The Towu of Southold shall use funds provided for under this agreement for the
acquisition of conservation easements and related title insurance policies for the United States for
NRCS approved properties. CCC funds shall pay for not more than 50% of the appraised fair
mazket value of the conservation easement acquired and for the cost of the premium for the
United States' title insurance policy.
3. The Town of Southold shall pay all costs of conservation easement procurement and
will operate and manage each conservation easement in accordance with the Town of Southold
program, this Cooperative Agreement, and 7 CFR part 1491. The United States shall have no
responsibility for the costs or management of the conservation easements purchased by the Town
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of Southold unless it exercises its rights under a conservation easement. The Town of
Southold shall indemnify, and hold the United States harmless for any costs, damages, claims,
liabilities, and judgments arising from past, present, and future acts or omissions of the Towu of
Southold in connection with its acquisition and management of the conservation easements
acquired pursuant to this Cooperative Agreement. This indemnification and hold harmless
provision includes but is not limited to acts and omissions of the Town of Southold agents,
successors, assigns, employees, contractors, or lessees in connection with the acquisition and
management of the conservation easements acquired pursuant to this Cooperative Agreement
which result in violations of any laws and regulations which are now or which may in the future
become applicable.
4. Non-governmental organizations shall continue to meet the requirements specified in
Title II, Subtitle F, Section 2503 of the Farm Security and Rural Investment Act of 2002. The
Act states that eligible organizations are "any organization that-
(A) is organized for, and at all times since the formation of the organization has been
operated principally for, 1 or more of the conservation purposes specified in clause
(i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986;
(B) is an organization described in section 501(c)(3) of that Code that is exempt from
taxation under 501 (a) of that Code;
(C) is described in section 509 (a)(2) of that Code; or
(D) is described in section 509(a) (3) of that Code and is controlled by an organization
described in section 509 (a) (2) of that Code."
5. The Town of Southold shall incorporate into each deed in which CCC funds aze used
as part of the acquisition the required clauses set forth in Part VII of this Cooperative Agreement.
6. Prior to payment certification, the Town of Southold shall ensure that all lands for
which a conservation easement has been acquired will have a conservation plan, as described in
Part VII of this Cooperative Agreement.
7. The Town of Southold shall prohibit all non-agricultural uses of the encumbered
properties, except for recreational uses, such as hiking, hunting, fishing, boating, horseback
riding to the extent those activities do not conflict with the purpose of Section 2503 of the Farm
Security and Rural Investment Act of 2002 (Pub. L. 107 - 171).
8. At a minimum, the Town of Southold shall monitor FRPP parcels on an annual basis
to ensure that the conservation easements are being implemented according to the deed
provisions. An annual report of the status of acquired conservation easements and conservation
easements pending acquisition will be submitted to the NRCS representative at the State level.
The NRCS representative will define the format of this report.
9. In acquiring conservation easements, the Town of Southold shall ensure that the title
to the lands or interests therein shall be unencumbered or, if encumbered by outstanding or
reserved interests, the Town of Southold shall ensure that any outstanding interests are
subordinated to the conservation easement or that any exceptions from this subordination
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requirement aze approved by the NRCS and are consistent with the purposes of the Farm and
Ranch Lands Protection Program. The Town of Southold shall provide to NRCS a copy of the
title commitment or title report 90 days before the intended closing date and any other requested
documentation related to title so that OGC may issue a title opinion for the United States prior to
closing. The Town of Southold shall assure that proper title evidence is secured. When
purchasing title insurance, the Town of Southold agrees to purchase an American Land Title
Association (ALTA) U.S. policy (09/28/91) from the same title insurance company on behalf of
the United States to ensure the federal interest. Under this Cooperative Agreement, NRCS will
reimburse the cooperating entity for the title insurance premium for the United States policy.
10. The Town of Southold shall have an appraisal conducted on the Property prior to
NRCS accepting an interest in the easement. The appraisal shall be conducted by a certified
general appraiser and shall conform to the Uniform Standards of Professional Appraisals
Practices and the Uniform Appraisal Standazds for Federal Land Acquisitions (Interagency Land
Acquisition Conference, 2000).
11. The Town of Southold shall not use FRPP funds to place an easement on a property in
which the Town of Southold employee or board member, with decision-making involvement in
matters related to easement and acquisition and management, has a property interest. The Town
of Southold shall not use FRPP funds to place an easement on a property in which a person who
is an immediate family member or household member of an employee or boazd member, with
decision-making involvement in matters related to easement acquisition and management, has a
property interest. Further, the Town of Southold agrees to generally conduct itself in a manner
so as to protect the integrity of conservation easement deeds which it holds as well as avoid the
appearance of impropriety or actual conflicts of interests in its acquisition and management of
conservation easements.
12. The Town of Southold agrees that it will not at any time, when the Town of
Southold is named as a Grantee on the conservation deed, seek to acquire the remaining fee
interest in the Property. Likewise, if the Town of Southold enters into an agreement with
another entity to manage/monitor the conservation easement, and the entity seeks to acquire the
underlying fee, the Town of Southold agrees to immediately terminate such a relationship and
arrange for an uninterested party to manage/monitor the conservation easement.
13. 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 Southold shall implement easement
enforcement procedures.
14. Pazagraphs 3, 4, 8, 9, 12, 13, and 14 of this Section shall survive the termination or
expiration of this agreement.
IX. GENERAL PROVISIONS.
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A. The term of this agreement for parcels listed on Attachment A shall be from the date of the
last signature affixed hereto through September 30, 2009. (NOTE: THE DATE "September 30,
2009" SHOULD BE REPLACED WITH "September 30, 2012" IF THE ENTITY EXERCISES
THE INSTALLMENT PAYMENT OPTION).
The term of this agreement for parcels listed on Attachment B and C shall be from the date of the
last signature affixed hereto through September 30, 2010. (NOTE: THE DATE "September 30,
2010" SHOULD BE REPLACED WITH "September 30, 2013" IF THE ENTITY EXERCISES
THE INSTALLMENT PAYMENT OPTION).
If easements on all the pazcels listed on Attachment A or the replacements for those pazcels are
not closed by Mazch 31, 2009, any remaining funds will be released from this obligation unless
the agreement is extended for specific easements, as provided for in paragraph D{(C).
If easements on all the parcels listed on Attachment B and C or the approved substitutions for
those pazcels are not closed by March 3l, 2010, any remaining funds will be released from this
obligation unless the agreement is extended for specific easements, as provided for in paragraph
IX(C).
B. No assignment in whole or in part shall be made of any right or obligation under this
Cooperative Agreement without the joint approval of both the United States and the Town of
Southold . Nothing herein shall preclude the United States or the Town of Southold from
entering into other mutually acceptable arrangements or agreements, except as identified in Part
VIII of this cooperative agreement. Such documents shall be in writing, reference this
agreement, and shall be maintained as part of the official agreement file.
C. This Cooperative Agreement may be amended or modified by written amendment signed by
the authorized officials of the United States and the Town of Southold .The agreement may
only be extended with the permission of the Deputy Chief for Programs of the Natutal Resources
Conservation Service and only if extenuating circumstances occur with the individual easements
for which an extension is requested.
D. The United States may terminate this agreement if the United States determines that the Town
of Southold has failed to comply with the provisions of this agreement or if it determines that it
is in the best interests of the United States to terminate. 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. Although this Cooperative Agreement does not constitute financial assistance and, therefore,
does not fall under the Uniform Federal Assistance Regulations at 7 CFR parts 3015, 3016 and
3019, for the purposes of administering this Agreement, the procedures set forth at 7 CFR parts
3015, 3016 and 3019 as well as OMB Circulaz A-122 shall apply, as determined appropriate by
NRCS.
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F. It is the intent of NRCS to fulfill its obligations under this Agreement. However, NRCS
cannot make commitments in excess of funds authorized by law or made administratively
available. If NRCS cannot fulfill its obligations under this Agreement because of insufficient
funds, this agreement will automatically terminate.
G. Employees of the Town of Southold shall not be considered to be Federal employees or
agents of the United States for any purpose under this agreement.
H. The Town of Southold shall give CCC, the United States, or the Comptroller General,
through any authorized representative, access to and the right to examine all records, books,
papers, or documents related to this agreement.
I. The Town of Southold agrees to comply with all applicable Federal, State, and local laws.
X. PRINCIPAL CONTACTS.
The United States representative for this Cooperative Agreement is:
State Conservationist
Natural Resources Conservation Service
on behalf of the Commodity Credit Corporation
City, State Zip Code
Phone Number
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The Town of Southold representative for this Cooperative Agreement is:
Supervisor
Town of Southold
116 Hampton Road
Southampton, New York 11968
Phone
IN WITNESS WHEREOF, the following authorized representatives of the United States
and the Town of Southold have executed this Cooperative Agreement.
THE Town of
By: Supervisor
Town of Southold
UNITED STATES OF AMERICA
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COMMODITY CREDIT CORPORATION
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Attachment A
List of Pending Conservation Easement Offers on Which the Obligation of FY 2007 Funds is
Based
Priority Landowner's Parcel Acres Estimated Federal Title
Name and Identification Conservation Share Insurance
Address Easement Premium
Value
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Attachment B
List of Pending Conservation Easement Offers on Which the Obligation of FY 2008 Funds
before May 23, 2008 is Based
Priority Landowner's Parcel Acres Estimated Federal Title
Name and Identification Conservation Share Insurance
Address Easement Premium
Value
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Attachment C
List of Pending Conservation Easement Offers on Which the Obligation of FY 2008 Funds After
May 23, 2008 is Based
Priority Landowner's
Name and
Address Parcel
Identification Acres Estimated
Conservation
Easement
Value Federal
Share Title
Insurance
Premium
High ZIP Peconic
Wells, LLC 30 Acres $2,490,000 $1,220,000 $3,500
17