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USDA NRCS 2013 Cooperative Agmt
,~r~, SOLUTION 2013-482 OPTED DOC ID`. 8883 'THIS IS TO CER'TIF'Y THAT T'IIE F+DLLOWING RES(]~I.i.T'Iflt?N NO.2013-482 WAS AI?APTEII AT TFIE REGULAR NTEETING tYF TIIE SOUTHOLD TQWN'IIOARI7 ()N JLJNE,18; 2013: RESOLVIF..I) that the Tow'i Board of tl?e Town of Sauthald hereby authorizes and directR the T`awn Suuervistsr to execute Coaperative Agreement #73-2031-3-ICI~S between the United States of America Commad,ty fired't Corlrarakion and the Town of Soutliald i`or the implementation of the I.Jnited States DepaaKment of Agriculture - Natural Resources Conservation Sezvice {USL)A-NRC~S} 2013 Federal Fann and Ranch Lands Protection Program {F°RPP} awarded granYin the amount of $1,898,UQ0 {1FY 2013 Funds); subject to the approval of the. Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT:.... ADOPTED CIJIVANi1VI0US] MOVER: James Dinizio Jr; Councilman SECONDER. Jill Doherty; Councilwoman AYES: Dinizio. Jr, Ruland, Doherty, Talbot, Evans; Russell U:S. Department of Ageieuttnre MRCS-AUS-693 Nanual Resoarrxs Consavvafion Seavice • 712012 NOTICE t?F GRANT' ANI3 AGREETV'T AWARD : 1. Award Identlfyiag NamLer 2. Amendmeat Na. 3. Award/Project Period 4. Type ofAward Lasframent 73-2C31-3-1CLS NIA ~2o~3~3flr~ols Ctaoperative S. Ageaey:.Natural Resoarcq Conaervaiiaa Sezvice (NRC~. 6. Recipient OrganizaNeo: (Name and Addccxe} (Name salt Address} w.~asmm mmwemn,Nm- Natural Resources Conservation Service acuaaeunaanrm» P.9Lamtin The Galleries of Syracuse ~ „ 441 S: Salina Street, Suite # 354:. DUNS; Syracuse, NY 1.3202 197736387 ~~1111-6001939 NRCS Program Contaotx S. NRCS Administrative Cantacf:: 9. Recipient Program 70, Recipknt Administrative Peter! Gibbs, Progrem Ktmbeday A: Glenn - MgL and Coataat: Contact: Mang er //315 477-5543 P m. Ana~~,??st 315 477-5518 atatspm-tm~a c,esarva~ 9 t ~ r9 '1 ~ ~ ta39}765b791 uam@ Il. CFDA Nnmbcr : 12. Aotimrity : 13: Type ofAetion 14. Project Director +1 ('1. CS ~1 ~3 ~o~ Act W 1985. Public t.aw 99-198, nBW egr®ert'1@nt IS: ProjeU TitidDeseription: Purcht3se of a conservatian easement on the52+J_acre Sidor Farm property. 16. Entity Type: Profit Nonprorit _Ilighee Edneatian Federal x_State/LoeaH IndianlNativoAmerican OPher 1S. Aaouniiog and Appropriation llsafn 17. $electFunding Typr.'. a Federal ? Noo-Federal Fioancwl Code AmoanE Fisca! Year T S bol Original FundsTotat: : raesu~rsrraaoooa.9a 1,89$,000.00 atrr 1,898,000.002®13 1231fl04 Addi9iooalF9mdsTeW: Total: 1 s9s,ooo.ao ls. APrxtav>;yD suncEr Petsoanel : S Fringe HeneEis S Travel S Equipmaat $ 3opplies S : Connnctr9al S C.nnsW«im9 s tkl9er s 1 $98 a0fl.00 ToW Direct Cost1 S Tatai Indirect Cost $ Toml Non•Federal: Pands S TntalFedetalFlmdsAwm+ded §189$000.00 TntalAppmved$udget $1,898,000.00 This agreement is sabjea to applicable USDA'NitC5 statutory pmvisinna and Financial Assistance Regulations. In acaePting this awmdor t and any pay9nents made p9asuarn the9cto, the un4ersigned rePmsents that 6e or she 1s duty authorizsd to act oa betia[f ofthe awaadeeo=gaaization, agtas that the award is subject 4o the applicable provisions of this {and all is},and agrees that acceptance of any paym~ts coastitvms an ag}rxmant by the payee thatthe amo9mts, if eny tnvad. by NRC3 b have been overpaid, will be 9nfirnded or aedited in tall m NRCS. Page 1 U.S. Department ofAgricuttute NRCS ADS-093 Nata=alR~euces.ConsuvationSwice 72012 (cmilinuatian) NOTTCE OF GRAIN`1' AND riGREEMENT AWARD Award Identifyiiag MamFer Ame®dmeat No. AwardJPrnj~ Period Tye of Award Ioadamest 73-2C31-3-1CLSIA so2o7a-srsorzo~s C0C3pe~~iVe Name and Tltle ofAutharaed Governme»k Representative ttire + paps IJQN'.~d..d 1• f %7, S'T"F,'fiE E'~~j/y .Name and Titl AulhoriaCd ReeipieotRepreseatative SBgaa[ure Date d. f Scatt A usseli Town Supervisor r~ 1 NONDISCR1MIIyATIpNSTATEI4IEN'T Tne U.S. Department ofAgriculnue (USDA} pv+ohabifs discrindnation in aIl its prpgtmns and attlvities on the basis of race, cdor, national origiq age, disability, and wbero applicable, ittaxifal slaws, faorilial status, parental status, religion, sawml orirntafion, genie information, potiGca(brliefs,refnsal, or because all ora part of an individual's ineoax is detived Trom any public assistance pmgr~. (Notall prohibited bases apply to aU progratre:} Persons with disatiilitieswho require slts~tivemeans for comainaication ofprogram information {Braille, lat'8e print, audiotape, etc.} should contact USDA's TARGEI'Center at {202}?20-?600 {voece and 7DD}. To file a complaint of dimiminetion write to USDA; DiteCtpr, Office of Civil Rigbts, I4001ndependeoeekvenue, SW., Washington, DC 20250-9410 or call(S00} 7953272 (voice} or (202} 720.6382 (TDD}.. USDA is an egnat opporiv»ity provider and employer. FRNACY ACf STATEMEI~PI' The above statements are made in accardsnce with the Privacy Act of I974 (5 U.S-C. Section 522a}. Page 2 INSTRUCTIONS FOR NOTICE OF 6RANTlACRF.F.MF.NT AWARID 1. AwmdIdenfifyiogNmnber. Agreamentnumber 2. Amendmatt No.: Amenduvent oumbes (if applicable) 3. AwardlPmjed Period; : Simt~deaddateofproject 4. Type ofAxard InsRamenL• Cooperative,: firant, or Coatn'buSon S. Agency; : : Name, Address,: Gity, Stste, ZIP Code 6. Recipient 4rganizationC Name, Address, City, Statq ZIP Code, DUNS (Data Universal N,anhcring System), and EQV (e~loyee idmBfication number) 7. NRCS Program Contact;... Name and wotact information ofpersan. to be contact on matterss involving thc:pmgrammatio~spects pf the agreement 8.... NRCS Admiastrativo Contact: Name and cnntact information ofpenson to be cnniact on neattats involvua$ the admgeistrative aspects of fhe agreement 9. 'Recipient Contact: Name and contactinfornaation ofperson to be contact on matters involviog the technical aspects ofihe agreement 30. ' RecipimtAdministrdtive f.OnfaCr Name and contactinformafion ofperson to be contact nn matters involving the administrative aspecYS of the agreemem Il. CFDANiamber; The Catalog ofFederal Domestic Assistance nwnber ntKler which assistance iazalrasted 12. Authority. Auhority rmderwhich fha aprfeormt is eotenxl into : 13. Type of Action; Select one type,cfaction: i. Now AP~ement-Agreement awarded for the first time ii. AmeadmeutiRevision. Any mange in financial obligation or deGverablea iii. F..ztension: End performance peaiod 14. Pmjeck Dnector: Namoand wntact:information ofpreject director or prmcipai investigator (ifappLicabk) IS. Pmjea TitlelDescription:. Briefdeseriptinn of the propose of the s$rcemenl: Ib. Entity type:.. : Type ofxscipient:. 77.. Frmdiug: Eederal ~ouat of theaward and doe non-Fedaral w be contn'Mated W the project 18.AccovatinglApprepriatiopDate: Provide the follewing: : i. Financial Code: --Aapuntmg dassificatimt sale ii. Amount-Selfe~cplaoatory iii. Fisca(Year.-Selfezpilanetary iv. Treasury sytnbot.-~elfcxplanatory 14. Approved Badger. Totals foroac6 budget category Pogo 3 Awaraldentlfyingl+lamlrea: ~3 ~~'~/-_~'-/C~~° 1vES1' Agreement xamber: ~ f.317j 4°~ STATEMENT OF' WORK BETWEEN'T'HE UNITED STATES 4F AMERICA MMflDITY CREDIT CORPORATION ACTING TIIR.dUG>fX 7l'HE NA3"IJRAI. RESOI3RCES iGONSER'YATION SERVICE and the To of Southold fort Ute FARM ANA RANCEI .LANDS PROTECTION PROGRAM .This Coopetafive Agreement is entered iota by and between the United States of America {the United States), acting by and through the United States Department of Agriculture (tSSDA) Natural Resources Conservation Service (NRC$) on behalf of the Commodity Credit Corporation {CCC),: and the Town of Southold (hereinafterwhetherringular or plural EPd'I'9'i'I~ for the implementation ofthe Farm and Ranch Lands Protection Program {F12pP). The CCC utilize the expertise and services o£NRCS to adtninistsr this program andperfarm the duties set forth within this Cooperative Agreement.: The teen "Parties" as used herein refers collectively to the United States and the EIY11T]t'. h AUTHpRTi'Y. 'This Cooperative Agreement is entered into by the United States under the autharities of the Commodity Carporation CredatCharter Act, 15 U:S:C. 714 et seq. and Title II, Subtitle E, Secrion 2401 of the Food, Conservation, and Energy Act of 2048, Pubfic Law 110-246;16 U.3:C. 3838h and i. In adclition 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. FRPF under the general supervisian of the Chief of the MRCS wha is a Vice President cf the CCC: II. BACKGROUND AND PURPOSE. Section 2401 of the Food, Conservation, and Energy Act of 2008 authorizes the Secretary of Agricrdtw~ to facilitate and provide fimding far the purchase of conservation easements that are subject to pending offers firom eligible State, Tn`bal or units oflocal government ar uongoveivmental orgaaaizations far the purpose of prateeting the agricultural uses and related: conservation values of eligible land by limiting non-agricultural uses of the land To be eligible, the farm or ranch land must meet one of three criteria: i. contain prime, unique; or other productive sail; 2. contain historical ar arehaealagical resoua~oes; or 3. further a State or local policy aonsisterrt with the purposes of FRPP. :The Food, Conserntion, and Energy Act of 2008 authorized FRPP funding far fiscal years 2048 through 2012. Funding was extended through 2014 by The Cansolidated and Further Continuing Appropriations Act, 2012, § 716 ,Pub: L. No. 112-55,125 Stat. 552; 582 {Nov.1B, ?A11) WHER.EA,S, the ENTTl'Y and the: United States have mutual interests in preventing the conversion of agrieuliural lands to non-agiioidtural uses; and WHEREAS, the United States administers the FRPP through NRCS on behalf of the CCC; and : WHEREAS, the F.N'1TTY administers a farniland protection program and has pending o#£ers far acquiring agricultural conseevation easements from landowners within the NY, and the United States and l MRCS Representative Initial Recipient Representative Initial Award Identifying Number. NEST Agrement NlirnbG: .the EN'1'I'B'Y have agreed to combine their resources to assure that such areas are protected from eonvetsion Yea nonagricnltmal uses, these areas are identified ca an attachment to this Cooperative Agreement as parcels (as a group the "Protected Properties"and individually as the "Protected Property"). ~RIItAg the EN'IT1'Y intends to acquire a deed of conservation easement (``Conservation EasemeaY~ on each Protected >'tnpertY. S> the ENTITY has signed the Notice of Crrant and Agreement Award acknowledging that the award is subjrxt to tho applicable provisions of this Cooperative Agreement, all attachments, exhibits, acrd applicable USDA MRCS statutory gmvisions and Financial Assistance Regulations. FORE, the panties agree to entea into this 've Agreement. ffi. TiENEFITS The benefit of this Cooperative Agreementis that fnrids will be provided to the EN'TITY', also lmownherein as the Cooper~ativg.Entity, for the grote~ction of farm and ranch lands from conveasion to non-agricultural use; Section 1238H-I of the Food, C~mservation, and Energy Act of 2008 authorazos the Secretary ofAgriculture to provide fianding for the purchase of consetvation easements by eligible State, Tribal or tmats of local government or nongovernmental 'one and authoazes the Seixetary of Agriculture to enter into agreements with. eligible entities. N. OBLIGATION OF FTINDS A: Upon execution afthis Cooperative Agreement, the Uzuted States shall obligate the sum of $1,898;000.00 for the acquisition by the ENTI'T'Y' of conservation easements for the parcels listed on the Attachment. This Cooperative: Apr nary be amended to obligate funds in Fiscal Year 2013 if the Coopeiating Entity submits parcels that rank high enough to warrant the obligation of femds. The ENTI'T'Y Est close on the easement acquisition and request payment of tlvs amount in accordance with Part VII of this Cooperative Agreement before the dates in Table 2. 'The ENTITY must request payment in accordance with Part VII of this Cooperative Agreement no later than 23 months after the end of the fiscal year of fund obligation Should the Cooperating Entity notmeet the Closing Deadline or the Payment Request Deadline dates established in Table 2; any remaining funds may be de-obligated from this Cooperative Agreement unless the agreement is extended as provided for iai paragraph XI.D. Tablel Fiscal Year Attachment Fends Obligated Fend Citation Tiadget with Assaeiated Object Code Parcels 2013 A $t,sssema.oo 1369F36 4115 .Table 2 PkscalYear Attachmentvvith Closing PaymentTtequest Attachment of Fund Asso+:iated Deadline Deadline Expiration Date Obli anon Parcels 2013. A March 31, 201 S A 32, 2015 S tember 30, 2015 B. This Cooperative Agreement is the authorizing document that obligates CCC funds for the acquisition of conservation easemers by the ENTITY. Attachment A to this Cooperative ent specifies the properties on which FY 2013 CCC funds will. be used. The Attachment will specify the properties on which CCC funds will be used within the NY and will include a list with a detailed breakdown of thec 2 MRCS Representative Inirial Recipient Representative Initial Award identifying Number. NEST Agreemem Number:. " 1. name of the laadowner{s); 2, number ofacres to be acquired; 3: the estimated Conservation Easement value;:. 4. estimated Federal contribution w the estimated Conservation Easement value, and 5. whether offered parcels have bey approved far funding. C. Attachments must irxlude offered parcels and parcels. considered as substitutions under.. Section IX B. 13. of this Cooperative Agreement. Parcels not ancluded in the Attachment as of September 30s° of the Sscal yeas of finding will not: be eligible for funding; D. However, nothing in this document obligates the IJrdted States or the ENTTi'I' to purchase all or any of the Conservation Easemer pamels listed in the Attachment V. FEDEI2AI, CONTRIBUTION .The Federal conn36ution for the acquisition of each ConservationEasement acquired by the ENTITY shall be up $o but not more than §0°/a o£the appraised fair market value of the conservation. easement. The United States' contribution cmnobbe used for closing and related administrative casts incurred by the ENTITY in acquiring the conservation easement: The Federal contribution for parcels' must be based on an appraisal al`ttre ConservationEasementpcrformed by a certified general appraiser in accordance with tithes the Uniform Standards of Professional Appraisal Practices (USPAP) or the Uniform Appraisal Standards for Federal Lend Acquisitions (UASFLA} {Interagency Land Acquisition Conference, 2t)04) and MRCS apgraisal standards and speci5cafions. YI. COOPERATIIdG E1Vi'I'I'Y'S C41N'TRIBUITON A The ENTITY, or its designated escrow agent must disburse 100 percent ofthe payment, representing the easement purchase price; to the landowner at the time of closing. The CocFerating Entity must contribute in cash at least 25 percent of the purchase price {appraised fair market valuemiaos the landowner donaflon) of the easement. B: Before NRCS accepts the Conservation Easement and issues a payment, theENTITY must self-cePtify on the MRCS Foma 236, Confirmation ofMatching Funds (E~ibit 1), that tine ENTI1'Y's : share ofmatching fiords has not come fromadditionai donations, payments, loans cr fees made by or charged to the Creator of the Conservation Easement, immediate family members, or organiizations controlled by or funded by the Caantoraf the Conservation Easement, either through formal or informal agreements: C. the ENI'ITY's share ofpumhase price of the easement must be a cash contribution. As part of its share of the gurchase price, the EN'ITI'Y may not contribute land $om another parcel ar in-kind contributions, including related administrative and closings costs.{e.g., surveys, appraisals, legal. expenditures). YII. PA,XMENTS A: The ENTITY shall notify She United States when the CCC fiords ate to be paid: CCC funds shall be paid to the ENTITY when the United States is provided a copy ofthe recorded Conservation Easement and Ure ENT'I'I'1' has paid the landowners). Where the RNTTI'Y cannot obtain 100percent of the fiords to be paid at closing to the landowaer{s) and requires the United States to make its payment at closing rather than on a reimbursable basis, the EIV A°fi°'Y may request a waiver for the United States to pay its share of the Conservation Easement purchase at closing.. When a waiver Is requested, the ENTITY shall notify NRCS at least b0 days prior to closing. If the waiver is appmved, the United States will make payment to an authorized closing agent via electronic transfer. Uponr~eipt of the fiords, the 3 NRCS Representative Irtitial Recipient Representative Initial .,~y~ Award Identifying Number: NEST Agreement Number: closing agent will sign a payment receipt form and retain it to the United States. The closing agent will hold the funds in escrowfor a period not to exceed 14 oaletulat° days: if interest is earned on CCC funds, tha closing agent must return any interest earned to the United States. B. All Conservation Easements used by the ENTTTY mustbe approved by MRCS priar to purchase of the conservation easement. All Conservation Easements or proposed deed provisions must be submitted to NRCS ~5 days prior to the Cooperating Entity ordering the agpraisai report of the first parcel for whioh the deed will be used C: To obtain payment of FRPP funds, whether after closing or in advance of closing, the ENTITY will submit I?aim SF-270, Request for AdvancxJReitnbursement of Ftmds {Foam SF 270 Exhibit 2}, and the information specified below to tbe Syracuse MRCS Sfiate Office: Prior to submitting the SF-270 for an advance of fiords, the ENTl1'Y.must also request a copy of closing agent requirements from the United States and ensure that the closing agent meets these requisemeots. 'The ENTITY may submit the Form SF-274 prior W closing when a payment is assued at closing, or after all the deeds have beets 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:.. I). At a mininutm, the following infamtation shall be inchaded m, or attached to, the SF-270, before MRCS wi71 accept the Conservation Easement and disbursing payttsent: 1. Name of the Cooperating Entity 2. Tax Identifieatioa Number (TYN} for the Cooperating Entity 3. Cooperative Agreement mamber 4. Conservation Easement numbers (if applicable} 5. Landowner {s} names},.address. and telepho~ number 6. Total amount of dollars paid the landowner for each conservation easement, specifying the CCC skate and the non-CGC share of the ConservationEasementeost 7. Acres acquired for each Gonservafion Easement Copy of the Conservation Easement deed far each parcel, if a reimbursement is requested then Copy must be of recorded deed with recording receipt. 9. NRGS Form 230, Gostfism~ltion of Matching Funds, for each easement 10. Copy of the American Land Title Association {ALTA}title commitment for each Conservation Easement advance and title insurance policy. for each Conservation Easanent reimbursement..'. VIIL CONSERVATION EASEMENT REQUIItEMENTS A. The ENTITY shall ensure that conservation easements acquired under this Cooperative Agreement meet the following regtarements to permit effective enforcement of the conservation easement for protection ofagrieultural: 1. Run with the land an perpetuity or for the mazimrnn duration allowable under State law, where State law prohibits a permanent easement. 2. Protect agricultural use and related conservation values by limiting nonagricultural uses of the land; 3. Provide for the adtninistration, management, and enforcement of the Conservation Easement by the E1VT13"Y or its successors; B. The ENTITY shall enstu+e that the Exhibit provided in the attached Addendum 1 is signed by the landowner, ENTITY, and MRCS and is attached to conservation easements acquired under this Cooperative Agreement at the time of closing and rv~cordation. 4 MRCS Representative Initial_ Recipient Representative Initial Award Identifying Number NEST Agrcenrertt Number. 1. The paragraph beiaw must be inserted at bottom of the FRPI? funded Conservation F,asement Deed immediately before the signature pages: The Conservation Easement is acquired with funds provided, in part, bythe Farm and Ranch Zands Protection Program, ("FRI'P')tauter Operative Agreement Number j#t~ #Ikfltl-ttl#~l#] dated (Date off CAj between the {cooperating Eataty Name(s) and the United Stag of America {the United States), acting by and through the United States Department of Agriculture (CTSDA) Natural Resources Conservation Service (MRCS) an behalf of the Corntraadity Credit Corporation (CCC), .Add present and future: use of the Conservation Easement is and shall remain subject to the terms and conditions. described in the Minimum Conservation Deed Restrictions for Agracultural Preservation as in F.XFIIBIT'Q which is appended to and made a part of this easement deed C. The F.xhlbit referenced is the aboveparagraph B and provided in the Attached Addendum 1 contains the standaz~i minimum conservation deed requirements promulgated by the chief under the authority in'7 CFR 191:2 (c) and shall.• 1. Require management of highly erndible land on the property in accordance with a conservatiarr plan that is developed utilizing the standards and specifications of the NRCS field office technical guide, and consistent with 7 C17R part 12. The following parigcaphs will be included in all Conservation basements that are acquired using FRPP fiords and contain highly erodible land, exactly as produced below though the italics may be removed:. As required by section 12387 of the Food Seeeairy Act of1985, as amended, the Grantor, his heirs, successors; or assigns, shall conduct agricultural operations on highly erodible land on the Protected Property in a manner consistent with a conservation plan prepared in consultation with NRCSand the Conservation District This conservation plan stroll be developed using the standards oral spec jFcutions ofthe NRCSField Q,JJFce Technical Guide and ~ CFR part 12 that. are. in effect on the date of this Conservation Easement Deed. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the tuRCSFietd (Jjfr'ee TeehniaaP Guide standards and specifications: MRCS shall have the right to enter upon the Protected. Property, with advance notice to the Grantor, in order ro monitor compliance with the conservationplan: In the event of noncomptimtce with the conservation plar6 NRCS shade work with the Grantor to expkrre methods of compliance and give the Grantor a reasonable amount of time; runt to exceed twelve months, to take corrective actfon: If the Grantor does not comply with the conservation plan, NRCS wild Inform Grantee of the Grantor's noncompliance. 7Ste Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and if necessary, appropriate legal action) to secure compliance with the conservation plan following written Wok; fication from NRCS that (a) there is a substantial, ongoing event or circrnnstance ofnon-compliance with the Cnservation plan, and (b) NRCS has worked with the Grantor to correct such noncompliance., Ifthe NRCSstandardr and specifications for highly erodible land are revised after the date of tdais Conservation Easement Deed based on an Act of Congress, NRCS wilt work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section. apply to the highly erodible land coruerva#on requirements of the Farm and Ranch bands Protection Program oral are not intended to a, feet arty other naturad resources conservation requirements to which the Grantor may be or become subject 5 NRCS Representative Initial Recipient Representative Initial Award Identifying) Numb er: NEST AgreementNumber; 2. Where parcels are being emoIled in FRPP based on historical or archeological resources, certify. that management, maintenance: and ovecsghUmonitoring of historic and archaeological properties shall follow the Secretaryof Interior's Standards and Guidelines for Archeology and Historic Preservation or those of the State Historic Preservation Officer or American Indian Tn'he, as appropriate, if the parcel includes contributing historic and arciiaeologicalresources. To conin'bute to the eligibility of farm or ranch lands forFRPP, the historic and archeological resoum. es must be listed in or meet theNational Register of Historic Places eligibility criteria or must be hiclnded an a State or Tn`hal register or inventory of historic properkies: The deed must include a statement seating forth the historic andtor archaeological vatuea being protected, identify an entity who will manage and protect the historic and archaeological resources, and briefly dccument the indentfied entity's professional capacity to cauy out the commitment tc manage and protect the historic and. archaeological resources. If the'ENTi'I'Y does awl have the e7cpertise to meet these responsibilities and has acquired such expertise through a formal agreement with a historic preservation entity, this third party must be identified in the easement deed; 3. Include the following "Right ofEnforcement"provision exactly as prvdaced below;. though the italics may be removed and ENTI'FY's name added: Under this Conservation Easement, the United States is granted the right ofenforceanent in order to protect the public investment: Tire Secretary of the United States department of Agriculture (the Secretary) or his or her assigns, on behalf of the United States, may exen~ise this righPof enforcement under any authority available under State or Federal law if Lhe Town pfSouthodd ,or its successors or assigns, faits to enforce any of theYerms afthis Conservation Easement, os determined in the sole discretion of the Secretary. 4. Include the following "General Indetruufieafion"provision etly as produced below; though the italics may be removed:.::: "Generallndemrriftcation. Grantorshatt indemn~ and hold haranless the United States, its employees, agents, and assignsfor any and alt liabilities, claims, demands, losses, expenses, darnages,,fines, fees, penalties, suits, proceedings,: actions, and costs ofacidons, sane#ons asserted by or on behalf of any person argavernntentat authority, and other liabilities (whether legal ar equitable in nature and fncludinv„ without dintitation, court costs; and reasonable attorneys'fees and attorneys' fees on appeal) to which Grantee oral the United States maybe subjedt or incur relating to the Protected Property, which nuzy arise from, but are not limited to, Grantor's negligent acts or omissdorxr or Grantor's breach ofarry representation,: warranty, covenant, agreemems contained in this Corxrervation EasementlJeed, orviolations ofanyFederal; State, ortocallaws, including all Environmental Laws. 5. Include the fallowing "Environmental Warranty' provision exactly as produced below, though the italics may be removed: `:L~nvlranmental Warranty.. Grantor warrants that tt is in compliance with, and shat! remain in compliance with,: alt applicable Environmental Laws. Grantor wmazurts that there are no notices by any governmental authority of any violation or alleged viodaHon of, non=compliance or alleged non-crompolance with ar any liabilfry under any Environments! Law relating to the operations or conditions of the Properly. Granter further warrarus that it has no actual Inrowdedge of a release or threatened release of Hazardous Materials, as such substances and wastes are defined by applicable federal and state law. 6 NRCS Representative Initial_~~~`'f- Recipient Representative Initial _ Award Identifying Number:. NEST Agreemet~Y Number: Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and the United SYntes against alt litigation, claims, demands, penalties and damages, including reasonable attomeys'fees; arisingfrom or connected with the release or threatened release of aTr}+Hazardous Materials an at, beneath or from the Protected Property, or arising, from ar connected with a violation of anyEmironmentat Laws by Grantoror any otherprior owner of the Protected Property. Grantor's dridemntian obligation shall not be affected by any autlanrizationsprDvided by Grantee or the United States to Grantor with respect fo the Protected Property or any restoration activities carried out by Grantee at the Protected Froperty,• provider' :however, that Grarateeshalt be responsible for atry Hazardous Materials contributed after thds date. to the Protected Property by Grantee: `Em+ironmentat Law" or 'Environmental Laws" means any and alt Federal, state, local or nnmlcipat laws; rotes, orders, regulations, statutes,.ordinances, codes, guideddnes, policies or requirements of airy govermnentad authority regulating or imposing standards of liability or standards of conduct (including common taw} concerniaag air, water, solid waste,.hazardo:cs materials, workerand oommuntyright-to-.know, hazard conmtunication, noise, radioactive mnteriat, resourceproteetion, subdivision; dntand wettandc and watercourses, health protection and similar em~dronmentat health, safety, buildzng and land use as may now or at any time hereafter be in effect. `HazardausMaterials"means anypetroleum, petroleumpmducts,,fuet oil, waste oils, rxptosives, reactive materials, ignitable materials; corrosive matertads, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, tozac substances, toxic chemicrds, radioactive materials, infectious materials and arty other element;. compound, rnixtrere, solution or substance which:. may pose a present orpotential hazard to human health or the environment " 6. Include z provision regarding condemnation, extinguishment, ar termination of the Conservation Easement. 'Ihe provision will provide notice that the United States' property interest may not be condemtted, extinguished, or terminated without the explicit consent of the United States. The provision will aequire advance notice to MRCS of the initiation of any. proceeding to tertnuate, condemn, or extinguish the Conservation Easement and that if the United States consents to such an aetionthen part of the resulting proceeds wit! be owed to the United States; 7. Include provisions regarding the amount of impervious sutfacespermitted on the Property, in accordance with the provisions of the PIRCS Conservation Programs Manual, Part 57:9 in effect when this Cooperative Agreement was executed; 8: Include signature of the MRCS State ConsetvaGonist or responsible ofncial as delegated by the State Conservatimust on the: Conservation Easement, accepting the property interest of the United States; 9. Address the following permitted uses of the Protected Property by the Grantor in the Conservation Easement. Other permitted uses may be added if they do not conflict with the conservation values of the Protected Property, as determined by NRCS: a. Agricultural Producflan - the production, processing, and marketing: of agricultural Drops Par purposes consistent with the terms of the Conservation Easement. b. Forest Management and Timber Harvest -forest management and timber harvesting shall he performed in accordance with a written forest managernettt plan consistem with the tonservation Easement. Parcels containing more than 44 contiguous acres or 24l% of 7 NRCS Representativo Initial Reoipieatt Representative Initial Award identifying Number:.. NEST Agreement Number:... the easement area {whichever is greater) of forested land must have a forest management plan. c: Non~eveloped Passive Recreation and Educational Activities - permitted if it does not impact the soils and the agricultural operatians and is consistent with the purpose of the Conservation Easemant. d. Customary Rural Enterprises -permitted onthe Protected Progeny and in thebuildings consimated and maintained €or the agricultural use of the Protected Property. e. Agri-tourism -Low impact Agri-tourism activities ace permitted, such as farm touts; work experiences, field trips, petting wos, com mazes, and hay rides. f. Roads.-:permitted if they are already in place or if new roads are necessary to carry out the: agricultu[a1 operations on the Protected Property: : g. Parses - may be maintained and replaced and new fences insW led if they are necessary foragricultural operations on the Protected Property or to mark boundaries of the Protected Property. h. ()n Farm Energy Production -renewable energy groductian is allows for the purpose of generating energy for the agriculhual and residential needs of the Protected Peogerty. Renewable energy sources must be built and maurtauted in n°danee with any lorYal .zoning ordinance and applicable State and Federal law and be built and maintained .within impervious surface limits and with minimal rrnpact on the Protected Property; and 10. Include at a minimum the following prohibited uses of the Protected Property and any other prohibited uses necessary to protect the conservation values bf the Protected Property in the: Conservation Easement a. The Conservation Easement will prohrlsit ttte following activities: (1) Waste and Dumping - is prohibited: Composting and storage of manure and non:hazardous. agricultural wastes ptnduc~i onthe farm or ranch is pemvtted; and (2) Subdivision- is prohibited. Subdivision is only permitted where state or local reguiatians explicitly require subdivision to construct residences for employees wanking on the Protected Property. b. The Conservation Easement will prohibit the following activities, though the prohibition maybe subject to the qualifications stated below whenwritten in the: Coitservafion Faseutent: (1 }Industrial or Commercial Uses -are prohibited unless expressly permitted for agricultural purposes. (2) Construction on the Protected Property - is prohibited, exeept for structures, building, and improvements built or placed within a designated building. envelope that support the agricultural use of the Protected Property. (3) Motorized Vehicle Use is grohibited except to support agricultural use, forestry, habitat management, law enforcement and pub&c safety, or conservation uses of the Protected. Property, and residential and recx~tianal uses permitted by the Conservation Easement 8 MRCS Representative Initial _ Recipient Representative Initial SiC Award idenrifyiug Number. NEST Agreement Number. {4) Granting of easements for utilities and roads - is prohibited when the utility. err road will adversely impact the conservation values of the easement deed, inciudmg the land's use for agriculture. {5) Surface Alteiation - is prohibited unless it is in accatd with general agricultural uses of the Protected Property and does not adversely impact the conservation values of the easement deed, including the land's use for: agriculture; and {6} Oil, Gas, or Mineral Expharation and Extraction - is not permitted on or from the Protected Progeny when the mineral rights are owned by the landowner and not leased by a third party, except far limited mining to the: extent that the materials mined {e.g. sand, gravel, or shale) are used for agricultural operations onthe Protected Property. In that case, extraction must be limited to a small, defined area or acreage and must not adversely. impact the conservation values of the easement deed; including the laud's use far agriculture. If a third party owns or currently leases the oil, gas, err mineral rights; is the IaRCS State Conservationist will conduct an assessment of each offered parcel to determine if the United States will aecxpt the Conservation Easement, and ii.the Conservation Easement will.reclaiae that oil, gas,: and mineral .exploration and extraction is: 2. done with the least adverse impact possible on the conservation values of the Protected Property, ntoludirig but not limited to the Protected Property's use far agriculture. This. includes, but is not limited to impacts.. associated with any. exploration and extraction related structrues or access roads, 2. within the impervious surface limits of the Conservation Easement, awl 3. canted nut in accordance with state and local regnlations. D,. MRCS may regrrire adjustments to the provisions identified above and require the addition of other provisions if MRCS deteimines fleet they are necessary to meet the purposes of PRPP and protect the conservation values of the Protected. Property. The introduction to this section of the Conservation Easement must include a statement that all activities that are inconsisteirt with the purposes of the Conservation Easement are prohibited.. IX. itESPt1NSffiILITIES. A: Those of Ute United States - l.The United States, by artd through the DTRCS, 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 ] 2, the NRCS will be provided the opportunity to conduct periodic field visits on lands that are enrolled in the FRPP and associated lands owned or managed by the landowner which are also subject: to 1 CPR part l2 2. fihe CCC shall, subject to the availability of funds, disburse dre appropriate fiords to the ENTITY in accordance with fart IV and VII of this Cooperative Agreement. 9 MRCS Representative Initial Recipient Representative Initial Award Identifying Number- NEST Agreement Number: 3. Frior to NRCS accepting the Conservation Easement and processing the payment, the MRCS State Conservationist shall:. a. ensure that a conservation plan for highly erodible Iands is developed inaccordance with 7 CER part 12 and that an AD-lU2b has been fileel; b. obtain approval of the Conservation Easement or Conservation Easement provisions from the National Headquarters; and c. when funds are advanced to the Cooperating Entity prior to closing, acquire a sued letter from the closing agent indicating that the agent meets FRPP closing agent requirements, an executed MRCS Form 230, Confirmation of Matching Funds; and a ~pY of the title conmritment. 4. NRCS shall conduct teclmicat reviews of appraisals in accordance with NRCS Appraisal standards and specifications. 5. NRCS shall ceatify payment forall conservation easements for parcels listed on each attachment. acquired by the fond disbursement deadline for each attachment. B. Those of the ENTITY 1. The EN'P1TX shall perform necessary legal and administrative actions to ensure groper acquisition and recordation o£valid Conservation Easements. 2. The 1;N'1'iTY shallpay all costs of Conservation Easement procurement and will operate and manage each Conservation Easement in accordance with the ENTITY program, this. Cooperative Agreement, and 7 CFR part 1491. The United States shall have no respansibrlity for the ecsts or management of the conseevation easements purchased by the ENTTI'Y unless the United States exercises its rights under a Conservation Easement. The ENTTI'Y shall indemnify, and hold the United States harmless for any cASts; damages, claims, liabilities, anal judgments arising from past, present, and future acts or omissions of the ENTITY in connection with its acquisition and ananagenient of the conservation easements acquired pursuantto this Cooperative Agreement. This indemnification and hold harmless prevision includes but is not limited to acts and omissions of the F.N'1"17'X agents, successors, assigns, ernploy~s; contractotx, or lessees in connection with the acquisition and management of the conservation easements acquired pmsuaaat to this Cooperative Agreement which result in violations of any laws and regulations which are now or which may in the fixture become. applicable. 3. Non-govermental organizations shall continue to meet the requirements specified in Title II, Subtitle. E; Section 24111 of the Food, Conservation, and Energy Act of 2008. The Act states an eligible organization is "any organization that- a. is organized for, and at all tones 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 1'70{h)(4){A) of the Internal Revenue Code of ] 986; b. is an organization described in section SUI (c}(3} of that Code that is exempt fi~am taxation undee 501 {a) of that Code; c. is described in section 509 (axl) or {2} ofthat 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." 10 NRCS Representative Initial Recipient Representative Initial Award Identifying Number: NEST AgreementNnmber: ; ~.n, 4. The ENTITY shall address in each Conservation Easement in which CGC fiords are used as part of the acquisition the peamittedtprohibited uses set forth in Paragraph:iTffi of this Cooperative Agreement. 5. Prior to payment certification, the ENTITY shall ensure that all lands for which a Conservation Easement has been acquited will have a conservation plan, as described in Paragraph VIII of this Cooperative Agreement. 6. The ENTITY shall prohibit all ten-agricultural uses of the encumbered. properties, except for recreational uses; such as hilong> hunting, fishing, boating, and ltoaseback riding to the extent those activities do not conflict with the purpose of Section 2401 o£the Eoed, Conservation, and Energy Act of 2008. (Pub. L. 110 - 24b}. At a nimnm the ENTITY shall monitor FRPP Protected Properties on an annual basis to :.ensure that Ute Conservation Easements are being implemented aceardingto the deed provisions: An annual report of the status of aequ'ved Conservation Easements will be submitted to the MRCS representative at flee State level. The MRCS representative will define the format of this report. 8. In acquiring Conservation Easements, the ENTITX shall ensure that the title to the lands at interests therein shall be unencumbered or, if encumbered by outstanding or.reserved interests, the .F,N`I'.I"FY shall ensure that any outstanding interests are subordinated to the Conservatiton Easement or that any. exceptions from this subordination requr~eement are approved by the MRCS and are consistent with the purposes of the Farm and Ranch Lands Protection Program The EIV'TI'I'Y shall provide to MRCS a copy ofthe tide eonnnitmeat or title report 40 days before the intended closing date and any other requested documentation related to title ao that NRCS can review the title commitment to ensure there are no eacumlrrauces that would allow non-agricultural use of the property that are not acceptable to MRCS. The EN17[~['Y shall assure that proper title evidence is secured using an Owner's ALTA policy 06t17t06 with the entity listed as the insured on the policy and the policy issued for an amount at least equal to the PRPP funds received for the acquisition. 9. The ENTITY will have an appraisal conducted oa each Protected Property. The effective date of the appraisal must be within the 12 months prior to the closing. on the Conservation Easement on the Protected Property and I+tRCS accepting an interest in the Conservation Easement: The appraisal will be conducted by a certiSed general appraiser and will inform to the IJnifoim Standards of Professional Appraisals Practices OR the Uniform Appraisal Standards for Federal Land Acquisitions {Interagency Land Acquisition Conference, 20{l0) and the MRCS: appraisal specifications. The appraiser must meet the quatificafons found in seotion B {Appraiser Qualifications) of the NRCS appraisal specifications: a. The ENTITY will provide the appraiser with the following items. A. copy of the NRCS appraisal specifications {Exhibit 4}; (2) A copy of the Conservation Easement to eaelz appraiser conducting an appraisal for the Cooperating Entity; {3) Aerial photograph of the subject property with the location of the proposed easement area identified, access to the easement area identified, easement boundary identified, and an estimate of the acres in the proposed easement identified; {4} Legal description of subject property; 11 NRCS Representative Initial p Recipient Representative Initial J~P~-- Award Identifying Number: NEST Agreement Number (5) Aerial photograph indicating the location and acreage of any conservation agreement,: contract, or easement of any type that is associated with any part of the subject property; (6) Recorded landowner's name, address, and telephone number, {7) Specific details of any. eiristing easements, reservations, ar other restriction curaeutly encumbering the subject pmpeety as provided by the landowner, (8) Current information as to the status of title of ownership, such as copies of deeds;.. (9) Documentation of water rights owned, ineluduig name of irrigation company, mrmber of shares or amount of ow.ne~ship, and documentation concerning irrigation wells on the property to be appraised as provided by the landowner, (111) A copy of the recorded written access to the easement area, if available; and (11) Copy of preliminary title commitment covering the proposed easement azea_ b. The ENTii'Y must provide the appraiser with a Conservation Easement and receive a separate appraisal report for each Protected Property. The Conservation Easement provided to the appraiser will be consistent with the eanservation easemam requirements of Section VIII of this Cooperative Agreement,' c. The EN2'T1'Y will be listed as the client and MRCS will be listed as a user iii the appraisal report. Under no circumstances will the ENTPi'Y allow the landowner to approve or disapprove of the appraiser selected to prepare the appraisal report. The landowner cannot be listed as the client d. The completed appraisal report must be provided to NRCS within90 days of closing the conservation easement. NRCS will conduct a technical review of the appraisal. The Conservation Easement will not be closed until the appraisal report has been accepted by the technical review. 10. The EN7'IT'4'sha11 rwt use FRPP funds to place an easement on a pmperiy in wlueh the EN'I'ITY's employee cr board member, with decision-making involvement in matters related to easement. acquisition and management, has a prYPperty interest. The ETd'iTtY shall nonuse FRPP funds to place ari easement on a property irr which a person who is an immediate family member ar household member of an employee or board member, with decision-making.. involvement in matters related to easement acquisition and management; has a property interest. Further, the ENTITI' agrees to generally conduct itself in a manner so as to protect the integrity of Conservation Easements which it holds as well as avoid the appearance of improprietyor actual conflicts of interests ixz its acquisition and management of conservation easements:.. 11. The ENTPTY agrees that it will,. not: at anytime, when the EN'I1TY is named as a Crrantee on the Conservation Easement, seek to acquire the remaining fee interestin the Protected Property. Likewise, if the ENTITY enters rota an agreement with another entity to managelmonitor the Conservation Easement; and that entity seeks to acquire the underlying fee, the E{ N'I'I'I'Y agrees to immediately terminate such a relationstzip and arrange for au uninterested party to managelmonitor the Conservation Easement. 12. The EN'1'I'['Y may add substitute parcels to the Cooperative Agreement during fiscal year 2013 if MRCS determines the parcel is eligible for fimding. Substitute parcels era those that aze 12 1VRCS Representative Initial: Recipient Representative Initial _ J Award Identifying Number: NEST Agreement Number:.. eligible for funding, but which have not been ranked high enough by MRCS to be funded at the current fund allocation levels:: Substitute parcels will be listed on the Attachment and clearly marked as substitute; If a cuii~enritly funded parcel is removed from the Cooperative Agreeuren4, funds obligated to the removed parcel may be used to assist with the purcba.4e of a conservation easementon the next highest ranked substitute parcel. Substitute parcels cannot be added to the Attachment after September 30a' of 2013 a. Landowners associated with substitute parcels mast (1)submt a conservation program Application (MRCS CJFA-1200}, (2) meet Adjusted Gross Income (AGI} eligibility sari IIEI.lWC eligibility for the fiscal year of funding. b. Substitute parcels do not require a pending offer to be listed on the Attachment, however, prior to the substitute parcel being. eligible. for funding, these must be (l) a pending offer, and (2} the land must meet eligibility criteria. c. The State Conservationisioray require substitute parcels to be reranked. 13. When a conservation plan violation is reported to the ElN~TTY by NRCS, after all administrative and appeal rights have been exhausted by the landowner in accordance with 7 t~7t part 12 and 7 CFR part 614, the ENTITY shall implemern easement enforeenrenY procedutres: 14. The ENTITY will report the Federal Cash for the advance of any fiords and the Federal Expenditut~es and UnobfieatedBalanee of fiuads usitcg the Federal Financial Report Standard Form 425. (Exhibit S). This wilt be submitted to the NItC5 State office within S business days prior to l3ecember 31; March 3l, June 30, and September 30 if the EN1'iTY closes a conservation easement on a parcel in this agreement during that fiscal quarter. Reports shall be submitted on an accrual acoounting basis.; Failure to submit reports in accordance with the above schedule may :result in suspension or termination of award. A torsi report shall lse submitted na later than 90 days after the completion of the award. For final F'FRs, reporting end date shall be the earl date of the project or agreement period. 16: Paragraphs 3, 6, 7, 8; 11, 12 and 14 of this Section shall survive the terurination or expiration of this agreement. - X. PUBLIC INF"ORMAfiION and CIVII. RIGHTS A. B7ae ENT'IT'Y agrees to include USDA Natural Resources Conservatian Service in any public news releases, events, brochures, fact sheets, etc. related to aequisption of the properties in the Attachments Disting properties acquired with FRPP funds under with this agreement. B. The ENTITY agrees to provide to the NRCS NY State Public Affairs Specialist for review and comment before public release draft copies of fact sheets or success stories developed for. FRPF funded properties acquired under this :agreement:. This will be provided to NRCS a mittim„sn ofthree (3} business: days before pubhcation. NRCS will rr"tum a~ rromments to the ENTITY within two (2) business days of receipt of the draft publication. : C.'C'he ENTTi'Y agrees to comply with NRCS guidelines and requirements regarding the disclosure of information protected under. Section 1619 of the Food, Conservation, and Energy Act. (PL 110-246} Activities performed under this agreement may involve access to confidential and potentially sensitive information about governmental and landowner issues. 13 NRC3 Representative lnitiai`~'ti"- Recipient Representative Ittitial ~ Awanl Ideatifyizeg Number. NEST Agreement Number. Confidential information means information or data of a personal nature, gmgrietary about an .individual, or information or data submitted by or t4 an organization.. This information shall note be disclosed without prior written consent. of NRCS: The FOIA officer should be contacted if there are any questions sturormduxg the disclosure of information pursuant to one of the exceptions of Section 1619.... XI. GENERAI. PRQ?VISTONS, A. if Conservation Eastnnents on all the parcels listed on Attachments A and B or the substitutions for those parcels are not closed or reimbursement is not requested. by the dates indicatedin Section N, any retaaining funds may be released from this tabiigationuzdess a written request to extend the clcsing or reimbursement date as sent to the State Conservationist within 30 days off such date. A request to amend the Attachment expiration date for specific Conservaiion Easements must be sent to the State Conservationist aminimum of 60 days. prior to the expiration date of the Attachment or these funds will be released from this obligation. B. No assignment in whole or in part shall be made of a>iy right or obligation under this Cooperative Agreement without the joint approval of both the United States and the ENTITX. Nothing herein shall preclude the United States or the ENT11' from enteting into otbor mutually acceptable an°angements or agreements, except as identified is Part IX of dais cooperative agreement. Snch docarments shall be m writing, reference this Cooperative Agreement, and sha11 be maintained as partof the official Cooperative A file: C. This Cooperative Agreement maybe amended or modified by written amendurent signed by the authorized officials of the United States and the EN I'I'TY: The Cooperative t maybe extended Daly: if extenuating ciroritatstances occur wlth the individual Conservation Easements for which an extension is requested. D. The Urnted States may terminate this Cooperative Agreement if the United States detemrines that the ENTITY has failed to comply with the provisions of this Cooperative Agr~ment or if it deterxtasres that it is in the best interests of the United States to teixninate: In the event that this agreement is terminated For any reason, the tinaneial obligations of the parties will be as set forth in 7 CFR parts 1403, 3016 anti 3019, as applicable.. E: This Cooperative Agreement constitutes financial assistance and, therefore, all federal laws, regulations, and executive orders are applicable. F: It is the iartent of the United States to fulfill its obligations under tlvs Cooperative Agreement. However, MRCS cannot make commitments in excess of fiords authorized by law or made administratively available. If NRGS cannot fulfill its obligations under this t.,ooperative Agreenreatbecause ofinsufficient funds, this Cooperative Agreement will automatically terminate. G. The EN'I'Y'A'Y agrees to comely with all applleabit: state and local laws. H. USDA employees shall be familiar and comply with Federal,. State, local and USDA motor vehicle safety requirements and policies, including USDA's maadatory ban on textmessaging as outlined in this regulation. t;EU 13513, "Federal I,eadersbip on Reducing Text Messaging while Driving," dated October 1, 2009 and 5 U.S.G. 7902(d) "Safety Programs„) I. If any recipient of Federal funds under this Cooperative Agreerneni materially fails to comply with the terms of this Cooperative Agreemert, the United States reserves the right to wholly or partially recapture funds provided in accordance with applicable regulations. 14 NRCS Representative Initial Recipient Representative Initial Award Identifying Number: NEST Agreement Numlaer. XII. ADDENDYIM and EXHLAITS. Addendum l -Mirnmnm Canservation l?eed Restrictions For Agricultural Freseevation Exhibit 1-Generall'erms and Canditians Exhibit 2 -Foam 230 Confirmation of Matching Funds Exlu'bit 3 -Standard Farm 270 (S.F-270} Request far Advance or Reimbuasement Exhrlsit 4 BRCS Appraisal and Technicml Review Specifications Extubit S Standard Farm 42S (SF-42S} Federal Financial Report Exhibit 6 -Representation Regarding Felony Convicrions and Tax Delinquent Status for Corporate Applicants {AD-3030) XII. PRIl+TGiP'AL CONTACTS... The United States representative for this Cooperative Agreement is: Donald J. Pettit, State Conservationist Natural Resources Conservation Service an behalfof khe Commodity Credit Coaporation 441 5. Salina Street, Suite # 3S4 Syracuse, NY 13202 31577-6SOd The Town of 5outhald representative for this Cooperntive Agreement is: Director Town of Southold 54375 Route 25 (Main Road} F.O. Boa 1179 Sauthuld,NY 11971-0959 531-765-5711 This action was audaorS7.cd at an official mceting aFdac E1d7171' an the Fmgrams Funds: Aathodzal ,~~`dsy of ~""unt t~°. , 2013 at: k ~'Namarl'ide hate Aticst: `d't ~f ( ~ Funds: A ble t f'..; ~ri Tide: ~anur ~!"r°1x"rv+:°~~,7ry Lev4rl+b~,Sr«3 Bate: fy 13 t- i ~ .r { , Aact.Code:{~~,~.~-~~~ihP~l~.ae~rxj~ 1S NRCS Representative Initial Recipient Representative Ini ` j Award Identifying Nkutsber: NEST Agreement Number. Attathmen# A-Fiscal Year 241St Listof Pending Conservation Easement Offrss with Obligation of FY 2013 Fttnds This auaebntent must inchade offered parcels atsd parcels e(tnsidernd as substitutions under: Section IX B. 12. of this a~reemant. Parcels not included in the attacbment when funds are obligated will ntrt be eligible far finding. A nopy of fbfa Anaebment wilt be aploadod taro NL4Twlthin 1d days of tbo eanavtionof the conperaNve agr tad Federal Selected I.andowner'sName Total Cons rveh~°on Contribution{nogreatet PatcelID far Acres than 50% of the Estimated Funding Easement value Value} Number (check} %kbr Fan 3? i:'l48,Wp.W 1.698aW.i°0 (IIGt Click Mcmmamxe (Srck Mssm Cluk htrcto etttafe%i. ~ Cl'xk lmam spafait. giek6aem ? tuts rrnr. ma Wi. Cfztlineta mamxt. CCd Mcea Click llaeb cma,en. Cikk MCro maim. Cbdi lwem ? merlaL mamY.. CPek lmero merzeq Cdick kaeta Click 6a<m mamt CCmk Baeiv mermat Click hued ? mater: matat. CIii4lmero mam¢ C&ckfiaela Ciie'x Memmaim: Clkk haew maim C6de bamm auairsi axasmm, Click lme4a enw ten. CFck Faero Clink Mtmematrn. (lick Memmatat. Click Men ? marm. ahet/COt. Clkd: Memmalai Clrk Mcvi Click imcta maim Cdhk Pwcmma ma{... Cark Lvo,: ro. matez4 mAatt2 Click kacmmesaer.. CI' tam CEet M1ae 4o mw'mu. CSHr harm atlatmt: Clkk hdam ? cae uxL Clio haromaten. Click mtia CNck Metama~en. 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A®fatlaR ~ s.155.aaao6 1x898,000.00 / Funding obligated under this attachment will expire nn September 30, 2015 unless a request for extension for this. fiutding year has been approved by the State CnatsExvationist and the Cooperative Agreement is amended witls a new Attachment Fa~piratian date. Ili 1VRCS Represetatative Iniiial...... Recipient Representative Iniiial`~JrL. ADDENI)iJM i TO FARM AND RANC[i LANDS COOPERATIVE AGREI3MENT # [##-####-##-N#] MIlYll4IUM. CONSERVATION DEED RESTRICTIONS FOR AGRICULTURAL. PRESERVATION I}.'The paragraph below must bo inserted at bottom of the FRPP funded Conseivation Easement Deed immediately beforo the signature gages: The Conservatoa F.asemeut is acgvired vrith fiords provided, in part, by the Farm and Ranch Loads Protection Program, ("FRPP"} under Cooperative Agreement Numtier j#ta` ####-#H dated @ate of CA] between the [Cooperating Entity Names}] sad tho United States of Amar[ca (tbe United States}, acting by and through the United States Departr~nt of Agriculture {USDA) Natural Resources Conservaton Service (NRCS} on behalf of the Commodity Credit Corporation (CCC}. The E:G~IIBIT is attached hereto sad incorporated herein by reference and shall run with the land in petpehiity. As required by 1 CFR 1491. et seq and asa condition of receiving FRPP fiords, all ptesce4 and Estate use of Protected Property is and stiaRremain subject M the tffms and conditions destar'bed forthwith io this Addendum emitted Minintam Conservation Deed Restrictions for Agricultural Preservation in F~-]E31T which is appended to and made a part of this easemem deed. 2} A fully executed copy of the Exhrbit below must be attached to the FRPP furaled Conservation Easement Dead at tfie time of closing and recordation: : .EXHIBIT MB+IIMUM CONSERVATION DEED RESTRICTIONS FOR AGRICULTURAL PRESERVATION The Federsl Farm and RanchLaads Protection Program facilitatedandprovided funding thra}ttgli.a Cooperative Agreetoea4, for the purchase of a conservation easement {the Conservation Easement) cases["papeity descnbed in Exhrbit _ (the Protected Pmpetty) for the purpose ofprotecting agdculnnal use,and relatedconservation vetoes of eligible: landby limiting nonagricultural rises of that land (IG U.S.C.§§3S3$fi -38381). A copy of the Cooperative Agreement is kept on filo at the offices of NRCS at, and at theafficas of the [Cooperating Entity Name{s}], The [L;A:NDOWNER NAME{s}], {callectiveIy Granror}; the. :[COOPERATING ENTI'1'1' NAMES}] (collectively Granter} and the United States of America {the Unikad States}, acting by and dizough the United Sates: Department of Agriculture (USDA} Natural Resources Conservation Service {NRCS} an belialf of die Commodity Credit Corporation (CCC}, tomdy referred to SS the "Parties" acknowledge that the Conservation Easement is acquired to praiect the agricultural rise sad related comsetvatica values of eligible laad by limiting aanagticultural uses of that land, thereby preserving: and. protecting in: perpetuity dtemulrigle, interrelated land features which are critical 4o agricultiuat lands,. historic:stmettues,archaeological resources, open space; and wildlifchabitats: This Conservation Easement protects _ arms of Prime Farmland which is of tiieProteC4ed Property[and habitat for. [list initiative species]].] [andfiistoriclarchaeologicalrerourcas (identify any specific resourees:being protected i:e. reference the listing in NRHP)]. The. Partieafurther aeknowledga that the Protected Property will be managed for longterm agricultural viability. Notwithstanding any other provision of the Conservation Easement, the Parties agree that all present and futtae use cf din ProtcctedProperty is and shall remain subject to the following terms and conditions provided that if the C.otiservation Easemont contains tercets and conditions that are consistent with, but more restrictive than She conditions and tenus in Section I Paragraphs I, 2, and 3, those more restrictive terms and conditions shall control. SECTION I -MINIMUM CONSERVATION DEFn ?tFSTRICTION The Grantor and Grantee and their respective heirs, successors, agents,: assigns; lessees. and aay. outer person claiming under them. shall comply with all terms, conditions and restrictions of. this easement, including the following: 1. Canaervatian Place. As required by section 12381 of the Food Security Act of 1985, as amsrrded; the Grantor, his heirs, successors, orasaigsvs, sksallconduct agricultuialoperafiorrs on bighly:erodible Land on.Use Prateeted Property in a manner consistent with a conservation plan prepared in consultation wiUt NRCS and the Consarva6on I}isirict. This conservation plan shall: be: developedusing Use standards and specifications of the NRCS Field Gtlice Teelinical Guide and 7 CFR pert 12 that a[an effect on ffie data of this Conservation Easemem Deed. however, the Gramot nsay develop and implemnt a conservation plaadsat proposes a higher level of conservation that is consistent withUte NRCS Field Office Technical Guide standards and specifisatons:.NRCS shallbave dte right to enter upon the Protected Property,with advance notice to the Grantor, in order to monitor compliance with the conservation: plan and as provided for is Section Il paragraph2. Ea Ure event of noncompliance with the conservation plan, NRCS shall work wish the Grantor to explore methods of compliance andgivethe Grantor a reasonable amount of time, not:to exceed twelve months, m: takecorreetive action; If the Gramor does not complywith dse conservation plan; NRCS will inform Gmntce of the trrantor's : noncompliance. T9e:Gmntce shall take all reasonable steps (including efforts at seeming voluntary corrsplianco aced, ifnecessary, appropriate legal action) to aeenre compliaacei with the conservation plan following writtennotification: from NRCS that (a} there is s suSstantlal, ongoing event or cireufnstance ofnon-compliance with rile cou.servation plan; and (b) NRCS has worked wiW the Grantor to comet such noncompliance., If the NRCSstandards and specifications for highly srodiblo land arerevised a$er the date of this Conservation Easement IBesd based on an Actof Congress, NRCS will wot&.eoopemtively with the Grantor to develop and .implement a revised conseevation plan: The provisions ofthis section apply:to thebighly erahble:land conservation requirements of the Farm and Ranch Lands Protetstibe Program and are not intendedto affect any ottisr natural resources conservation regvireroemta to which the Grants rosy be or become aubjeU. : 2. Limitation oa Impervious Snrfasea. Impervious surfaces wiU not exceed [insert approved impervious : sinface percentage): [Nate: if greater rhea two percent. (2%) a waiver by the State Conservationist must have been granted], of tke Protected Property, excluding NRCS-approved:.conservation. practices dcucloped under :the Gorssservarion Plan described in. Section 1 Paragraph 1. Impervious. surfaces are defined as material that does not allow water to percolate into the soft on the ProtectedProperty, thisinciudes,. but is not limtedto, permitted residential buildings, agrictdhual buildings with or without flaoriag; paved areas; and any other siurfaces that are : covered by asphal ; nonarete; or roofs. This limitation dose not include public roads or other roads owned and controlled by parties with supeiiorr'vgbts to those rights conveyed to Giantess by this Conservation EasemttsG [include rite foltoiving if limited subdivition is permitted below. lh the event the Proteced Propertyis subdivided as provided for in Section i 3.. (B) the total cumulative impervious surface of fhe subdivided parcels shall not excel the impervious Ilmitarion referenced above: The Grantor, with Grantee approval, stiall allocate ribs impervious. surface limits atrtong the subdivided parcels and ensure said impervious surface limitatian(s} istare clearly defined in thesubdividedparcel'srecordedinstnimeot. 3. Prohdbited Uses. Any activities inconsistent with the purposes of the cossservanon easemenR aze prohibited. The following activides are pminbited, subject to the qualifinarionasdated below: (A) Wasre and Dazmping - Aceumulatian or dumping of bash; refuse, junk or .toxic materials is not permitted on the Protected Property. This restriction will not prevem generally accepted agricultural or xn`Idlife managemem practices,. such as cm~tioa of bnssh piles, cornposlassg,. or she stornge of farm machinery, organic matter, agticiiltutal prodv#s, oragdculttaal byproducts on the Protected Property: {B) Subdivision -Separate conveyance of a portionof the Protected Property or division or subdivision of tine Protected Property is prohibited, exceptwhere state or local regulationsexplicitly raquve subdivision to : construct residences for employees working on the Protected Property. [Subdivision prohibition language Page2of10 : may be replaced wittt:limited subdlvisian Lwguage from the PRPP polic}r manual or NRCS NHQ if all.. required conditions are met) (C} Ind'ttstriat or Commercial Usrs - Industrial or commercial acti»ties on. the ProtectedProperty are : prohibittdcxcept ffor the following; : : (i}agriculture:{including liv~tockpraductian}, equSnc activities, or fozestry, (ii) processing or sale of farm or forest products produced or partially produced on the Protected PrupatY is permitted buildings; (iii} srffill~scale incidental cammeroial or industrial operations compaflblc with acti»ties sat forth : in Section 1. Paragraph 3(C}(i) that :Grantee approves in: writing as being eansiareat vdth the couserva4onputpoaeoftfiis:Easement;.. (iv} acti»ties that can be and in fact are conducted within permitted buildings withouE mate»al alteration t+a their cztornal appeatanoe. (v) the sale of excess power generated mcidctitally in. the operation of approved altemariveertergy strucharsand associated equipment or other energystructurea approved by Gtautee: end NRCS. temporary or seasenal outdoor actinides or events ("Atli»les'7 that do not pertt>anendY alter the physical appearsace of the Protected. Property and that do not3mpas the conservation values: oftheProtectedPmpertyherein.~otected,exceptthatsucbAed»tiesimal»ng1tHJ.ormore. .people will nor exceed seven consecutive days unless Grantee gives its prior written approval of such. Activities; which approval will take into consideration. the. numbee: of:people involved,. the duration of such Aeti»ties, and any other aspects thereof that may lsave an impact on the conservation values being protected herein. Approval .tray be subject to the requirement Yhat at the : conclusion of the: activity Grantor will restore the Property to its..pre-exlstingeandition. (»i) custoanary: noel enterprises related: m agriculture or forestry or small-scale commercial. : :enterprises campanble with:agriculttacor forestry: such as, but not limited to fazm: machinery:: .repair. agri-tourism, Processuhg, Packaging, and marketing off farm or forest piroducts, and small- scale farm wineries, cafbs, shops, and studies for arisor traits... : {D} Construction mn the Protested Property - All new structures and improvements must ba located within the Euilding Envelope{s); containing approximately _ acres and described in Exhibit _ which is appended to and made sport of the: Conservation Easement and made a part hereof. The boundaries of the Building Envelope(s) may be adjusted, provided that die Grantee sad NRCS : pro»des prior written .approval of ttie adjusted. botndaries: : NRCS approval shall. be coaditianed on determining that the Building Envelope{s) will not be incressed in sire and the adjustmem will provide equal or greater protection of the conservation values of the Protect Property:. Cltt7r'ties to serve permitted buildings or structures, including on farm energy structures allowed ender Section [ Pamgaph 4(G); and de mittmis agricultural structures that neither individually nor coilactiveIy: have an adverse impact. on the agricultural use of dhe .Protected Property may: bebuilt otitaide of the Farmstead Area with prior written appravat of the Grantee pro»ded tltatsintctures. follow NRCS-approved conservationpractices coasisten8 with the Conservation Pan described in SdctfoaIPamgraph 1,; : (E} Motorised Yehiete Use - Motorr vehicle use teat is inconsistem withtho preservation: of agricultural use and the relined consenvation values, including but not limited to: uses that contribute to solierasion and have art adverse impacton sail health, is prohibited. Motor vehicle use forthe protection of the conservation.values of the Protected Property andto support agricultural use, law enforcement, public safety; and residentia(prnposesis peradtted. {F) Granting of easements for artillities and roads -The granting of easemxnts for utilities and castle is prolu'bited when the utility or road. w>71 adversely itripact the conservation values of the Protered Property, including its use for agrsculture, as determined by the Crrantee in txutsuitation with NRCS. (G} Surface..ltteraXon -Grading, blasting, filling; or earth removal that will disturb the soft surtacea materiaIly alter. the tapagraphy, surface or subsurface water systems, or wetlands of the Protected Property is prohtbked, except as follows: (i) dam construction to ceeate ponds far agricultural use; fire pmtecdon, or wildlife enhancement, in aceordance with an MRCS Ctatservation Plan aad NRCS. standards and specifications, {ii} erosion and sediment control pursuant to an erosion and sedimentcontrol plan approved by the (iii} as eequired in the construction oFpennitted buildings, structures, roads, and utilities, or (iv) agricultural activities conducted in accordance with the Canservation Plan described in Section 1 Paragraph 1. {H} f?It,. Gas or Mineral Exploration andF.zrraotian - Sttrface mining,. subsurface mining, dredgntg on or from the Protected Property, oa drilling for oil or gas on the Protected Property is prohibited, except. for Limited mining to the extent that the. mattsialsmined {eg. semi, gavel, or shale) are used for agrcultual opemdons on the Protected Property: In the case of muting for agricultural operations, extraeti~ must be limitedto a small defined area oraor~ge andmaynot adversely impact the conservation values orahe agricultural uses of t}ie Protected Property.. If a thirdpazty owns orleasesthe oil, gas,or mineral rights at the timetlns conservation easement is executed, aetd their intetrsfs have not beensubordinated mtida conservation easement, tbe.Gmntorahall requitr», m the greatest extent possible; that any oit, gas; and mineral oxplomtion and extraction conthtcted by sucu tuird party stieli:. I' {i} bo parforuied with the least adverse impact possible on the conservation values of the Protected Property, including but not limited m the Protected Property°s use for agriculture. This incmdes, butts notlimited ttr impacts to the Protect Property from any exploration and extraction related stmcttars or access roads, (ii}not exceed the impervious surface limits of the Conservation Easement, and {iii) be carried out in accordance with state and local regulations. 4. Permitted Uses. The pro»sions of this. Conservation Easement Deed and associated exlu'bits will not be interpreted to restrict the types of agricultural operations that canfunotion an the Protected Property so long as tl~ agriculural operations are consistent. with the Conservation Plan requved by Section 1. Paragraph 1. Further, permitted usesof the Protected Property include, the specific uses peradtteil in Section I Paragraph {3} {C} (i}{vii} and the following nett»ties; subject to the qualifications stated below: (A) Agriculturat Production - The production, processing, and marketing of agricultural crops and livestock is permitted pro»ded it is conducted is a manner consistent with the terms of chic Conservator Easement and the NRCS Conservation Plan descn'betl in Section l Paragraph 1. Page 4 of 10 (B} Forest Management and Tuntier Harvest - Forest management and timber. )servesting is permitted,.. provided ail forest raaoagememt andtimbahatyesGng musrbecarried out is aDCOrdaince with all applicable ]Deal, State, Federal, amd other governmental laws and regulations andto the extent masonahly practicable, in aDCOrdance with tFeen-aurren4,gouerally accepted tiest management paacfices for the sites, soils, and.... terrain of:ttie Protected Property.. fn addition, if the property contains 4t) contiguous acres of feast or 209b : of the protected Property is forestland then forestnmtmgement and timber harvesting must be performed in accordance with a written forest:managem4erti plea Thee. forsst management plan must be peepaeed by a professional rceourec manager, is nonsultation with tbe Grantee and approved by Ute: State Conservationist Forcer management plans may include s forest stewardship plaq as specified in section 5 of the Cooperative. Forestry A,9sistanca Act of 1478: {I6 U.S;C::2103a}, anotira~ practice plan appmved: by the State Forester, or snottier plan determined appropriate by rite State Conservationist A forest msmagementp]an shall not be required for the following permitted non-s;ommetcial activities: (i} cutting oftrees f~ Ute comstruchion of permitted roads, utilities; buildings sad structures, (ii} Darting: of trees for trail elarring, {iu) cutting of trees for firewood, or for other domestic usce of Greater, (iv} removal of hoes posing an imminent hazard to the health of safety of persons or livestock, or {v} reanoval of invasive (C) Non-devedoped Passive dteareutian and Educationad Aelivdties -Non-deueloped passive re:reati~al: and educational activities are permitted if that' do not negadve]y affect the soils and the agricultural operations and are consislemt with the purpose ofthe Conservation Easement (E} Constrvedon and Maintenarsce ofFaads -New roads play be constructed if they are necessary. to carry. out the agricultwa) operations or other pernittadusce on the'Protected Property. Maintemance ofoiriating roads doceuneated an the Baseline. Aocnmentation Report. ispermitted {F} Fences.- Fences may be maintained and replaced and mein finzcce installed if they are necessary for agriculturslopemtionson the Protected Property os m mark boundaries ofthe Protected Property. (fir} On Farm EnergyProducadon -renewable energy production is allowed far the purpose of ganaratitlp : energy for dle agriautmtal and residential. needs of the Protected Property. Renewable energy sources must be built andamitnainedin accordance with anylocal zouingorlimance and appliDablo State andFederal. law. Iteaewabie energysoutoea must be btiih and maintained within impervious stuface limits, whh minimal impact om the conservation values of the Protected Property andconsistent with the purposes of the Conservation Easement : {li} Qther PermrYted Uses - tidier permitted uses may be.'.allowed if:tbey do not conflict with fire eonsravadonvatuceoftlreProtectedProperty,asdetermiaedbyNRCS_ 5. Water Rights. Grantor rotalns all water rights necessary for picscnt or future agriculnnal production nn the Protected Property end may not transfer, encumber, ]ease; sell, or otfierwise separate such quantity of water rights from tgtle to tbe Protected Property: jfftand Edigdkitity is based ox the presence oJhdstordeador archaeoWgdcat resources or the project received ranking paints jot the mukifunctdonad bene,JUs offarm uxd raraak Band profes7}on for hirrorfaal and : archaealogdcal resources the Addendum must inedude the fodluwing ctaaase: : 6. Historic orArebaeological Resources. Existing archaeologically, gutturally orliistorically signifiDam features on the Protected Property including, but not limited: to, such features as documented in theBasolma Ibenmentation shall be maintained comsisterd with the. guidelince provided in The Secretary. of The Interim's Standards for the Treannent of Historic Properties gvrauant to 36 CRR 68, as amended. The np to date version of such guidelines shall be mainained by Grantee in the Baseline Documentati~ and made available to Grantor upon requcet The arohaeologicaty, crilturalty or historically sigoificani features may not be altered or removed Witham : .Grantee's prior written approval, which approval shall not begiven except where the proposed activityis Page 5 of 10 accomplishedinacwrslance wdth the guidelines provided in The Secretary of The Inferior's Standards far the Treatmetn of histoflc Properties.} SECTION II PROTECTION OF TIIE UNITED STATE'S INTERESTS 1. United Stefes Right of Enforcement. Under this ConsezvationEasement, the United Stelae is granted the right of cnforcemptt in wrier to protect tfie publiciavestment The Secretary of the United States. Department of Agriculture {the Secretary} or:his or 6arasaigos, on behalf of the United States, mayexercise thisright of eaforccnt~t under any authority:available undet State oe Federal law if the Grantee, or its suuessors or ass'igos, fails toenforce any ofthe farms of this Conservation Easement, as determined in the solo discretion of the Secretary. The United States. is entitled to recover any and all administrative errd legal costa from the Crmntee, including anomey?s foes oreapettses;associamd with any enfforcement of remedial action related to the eafomement of this Easement. : 2. United States Rlghkof Inspection: Represendatives of the United States may enter the Protected Property : &am :time to time for purposes. of inspection (including photographic documentation of the condition of fife ProtectedPtapaty} and enforcemem of the terms off this Minimum Conservatoa Deed Restrictions For Agriaultmal Preservation: a8er notice to Crranfor. or Grantor's represcatative; provided, however, is the evesn of an emergency, NRCS may ~ theProtected:Prapesty. to pravant, terminate or mitigate a potential violation of these restrictions. Notice to Grantor nr titantor'a representative will be being given at tbe earliest pmcdcable tune. : 3. General Indemnitlcatioo. Cnantor shall indemnify and hold. harmless the Untied Smtes, its employees, agents,and assigusfor any and allliabilides, claims,demands, losses, expenses, damages; fines, fees, penalties, suits, proceedings, actions, and costs of actions, sanctions asserted by or on behalf of anyperson or govemmenta,l authority,: and other liabildties {whether IegaH or egnitahlc in nature and including, without limitation, cattrt costs, and reasonable attorneys'fees and attorneys' fees onappeal)to which Grantee and the United States maybe subject or inetu relating to the ProtactedProperiy, which may arise from, but amnot limited to, Grantor's negligent acts or omissions or Gtantor's nraaeh of any: representation; warranty,..covenant, or agreements contained in this Conservation Easement Dead, or violations of any Federal, Stake, or local taws, including a12 Environmental Laws. d. Environmental Warranty. Grantor warrmtis drat it is in compliance with, and shalt remain in comgrliance will[, ell applicable Environmental Laws. C.iraamr wazrants that there are no notices by any govemmeatal authority of any violation orx4eged violaon oI; noncompliance or alleged non-compliance with or any liability nosier any Environmental Law relating to the aparations or conditions of the Protected Property. Grantor further warrants [list it has no actual knowiedgeof a release or threatened release of hazardous Materials, as such substances and wastes are defined by applicable federal and state law. Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and Utc United States against all litigation, ciaima:domaads, p~aliies and damages, including reasonable attorneys' fees, arising from or connected with the release or threateated release of any hazardous Materials on, at, beneath or from the Protected Property, err arising horn or comtected with a violation of any Envirotunental Laws by Qmntm or any: other prior owner of the ProtectedProperty: Grantor'sindemnification obligationshall not beaffected byany authorizations provided by Grantee orthe UrdtedStates to Grantor with respect to the Protected Property or any restoration activities carried out by Grantee at the: Protected Property; provided, bowover, that Grantee shall be responsible for a~ Hazardous Materials contnbuted slier this data to the Protecd~ Property by Grantee. "Environmental Law".w° "Environmental Laws" means stiy and al( Federal, skate, locaP or mmricipal laws, Hiles, orders, regulations; statutes; ordinances, modes, guidelines, policies or requirements of any govemmeaml authority regulating orimposing standards of liabiiity or standards of conduct (Including common Saw) coneerhing air, water, cotid waste,.hazardous maisPials, worker and community right-to-know, hazard aommunic~tion; noise, radioactive material, resotnce protection, subdivision, irilaad wetlands and watercourses, health protection and similar eavironatental health, safety, building and land use as may now or at any time heeea$ee be in effect. Page b of 1{) "Hazardous Maketiats° mesas any petroleum, petmLeum products, fiteloil, waste oils, explosives, reactive materials, ignitable materials; corrosive materials, hazardous chemicals,. hazardous: wastes, hazardous substances, extremely bazudous substances, toxicsubs8ances,.toxic chemicals, radioactivematerials,Lnfectious materials andany other element; compound, mixture, solution or substancewhich may pose a present or potential hazard to human health or .the environment 5. Estingnkshment and Condemnation. Ibis. Conservation Easement immediately vests real property interests in the Grantee and the United States, and may nary. be extinguished withthe approval of the Grantee and the United States: I3ue m the federal interest in this Coasetvation Easement' the United States must consent to any candemnaton action of the federal inte+tak If dte State or local govemmen8 proposes to condemn the Protected Property, NRCS must be notified immediately and the concern of the United States must be received by the .condemning agency before any condemnation action may proud. In a sale or exchange of all or a portion of the Protected Property sabsequeot to aneztinguishment acondemnation action, the United States' share of the proceeds shall be proportionate to its purcantage of original investment Grantee will use all its abate of the proceeds from dte sale of the Protected Property in a mennerconsistent with thq conservation purpose of this Conservsdon Easement and Ebe purposes of the Farm and Ranch Lands Protection Program. The United States' shaze shall lie based on the appraised fair market value of the consevaton easemem at the time the easement is extinguished oz temdnated The fair market valve of the Conservation Easement will be determined at the time the Conservation EasamenC is terminated, extinguished, or condemned by a complete summary appraisal that meets the Uniform Standards of Professional Appraiser Practice. (USPAP) or Uniform Acquisition Standards for Federal Iand. Acquisition (UASFI,A}, apprcved by the Grantee and the United Stazes of America, and completed by a -[enter State) ceriifred general .appraiser. The fair market value of the Protected Pmperty may not include any inaease in value after the date of this Conservation Easement Deed that is attnbutable to improvements. 6. Amendment This Conservation Easement deed ~y be amended only il; in the sole and exclusive judgment of the Grantee and United States, by amd through the NRCS, such amendment is consistent with the purposes of this Conservation Easement and complies with ell applicablelaws and regulations,. The Grantee must : provide timely written notice m NRCS of anyproposed amendment{s).. Prior 4a the signing and recordati~ of the amended Conservation Easement, such amendment(s) must be mutually agreed upon bythe Gramee,.Granmr, and United States, by and through the NRCS. The Grantee must provide to NRCS timely written notice of the proposed amendment Page 9 of SQ GRANTOR CONVEYANCE AND APPROVAL CtADIQr hereby acknowledges; approves; and conveys the foregoing Minimum Conservatiari Deed Restrictions for Agricaltural Preservation and the rights conveyed therein.: [LANDOWNER'S NAME] BTATE OF COUNTY OF I HEREBY CERTiFY'that on this _ day of ; ~ before rne, a Notary Public in and for the jurgsdiction afore~id; personally appeared [LANDOWNER'S NAME] known tome or satisfactorily proveato be a GRANTOR of the foregoing Miaimnm Conservation Deed Restrictions For Agricaltacal Preservation and acknowledged that be executed. the same for the putgoses ttaereiacoatreiaed and in my presence signed and seated the same. In witness whereof I have hereantc set my hand and official seal the day and year first above written. Notary Public; State of My registration No:: My Commission Expires Page 8 of 10 (Cooperating Entity Name( ACCEPTANCE ]Cooperatiog Entity Name(s)] hereby aclrnowledg~, approves, and accepts, the foregoing Mfnimum Conservation: Deed Restrictions Tar Agricuttutal Preservation and the rights and obligations conveyed therein. GRAN'['T.E (Nave Authorized Agcnty : ('i'Itle]; of (Cooperating Entity Name} : STATE OF COUNTY OF [ FIEREBY CERTIFY that on this _ day of a Notary Public in and for the jurisdiction : aforesaid; persomlly appeared (Name Autleorized Agentl,(TItMJ. o£ (Cooperatng Entity Noma], (mown to ~ (or : : satisfact<tnlyprovea}to be thepeison described in theforegoing i~trument, and aclutowled~ed that he executed. the same is the capacity therein stated and for thepurposes therein contained and aclmowledges dds rmsttument... : as[Titlei; of (Cooperating Entity NameJ, on behalf of said corpoeation. In witness wher~f, I have hereunto set my hand and official seal the dayand year first above written. Notary Public, State of Myregistration No.: My Commission Expires Page 4 of 14 APPROVAL OF M~YJ[1'VNhI CONSEItVATIOIi? DEED RESTRICTIQNS FOR At,RICULTURAL PRESERVATION BY THE NATURAI, RESOURCES CONSERVATION SERVICE The Natural Resow•ces Conservatgun Service, Ursited States Department of Agriculture, an agency and Department of the United States Govermnent, hereby approves the foregoing Minimum Conservation Deed Restrictions: For Agricuitnral. State Conaervationist Natural Resonrczs Conservation Service. United States I3eparhnenP of Agrculture STATE OF tan this day of , 201_, before me, the undersigned; a notary public in and for the State, personally appeared Imown or pmved to me to be the person whose signature appears a}wve, and who being duly sworn by me, did say that he ar she is the State Conservationist of the Nauual Resources Conservation Service, United States Department of Agriculture, is authorial to sign on behalf of the agency and aclmowledg~l and accepted the rights: conveyed by the deed to be his or her voluntary actand deed. in witness whet~eot; I have hereunto set my hand and official seal the day and year first above written.. Notary Public, State of My regtsteation No:: my Commission Expires Page i0 of 10 Exhibit l 2011 NATURAL RESOURCES CONSER'vATIOI~t SERVICE U.S. DEPARTMENT' OI+ A,GRICULTURE GENERAL TERMS AND CflNDTTIONS' GRANTS AND COOPERATIVE AGREEMENTS 1. APPLICABLE REGULATIONS a.: The recipietrt,. and recipieMS: of soy snbewards under Wis award, agrce to comply with the fallowing regalations, as applicable. {Tfte full text of Code ofFederat Regulations references maybafamdathttoJlwwwaccess.gpo:eovJnaraJcfrJcfr-mble-seareh.html#~aceH.} (I) 7 CFR Section 3015205, "Genera] Provisions for Grants and Cooperative ' Agraenteniswitit]nstitutionsof..]TtgherEducation,OtherNceprofitprganimtions, aad Hospitals" (2) 7 CFRPart 3016, "Uniform Administrative Iteipdremeots for Grants end Coopemirva Agreements [o State ead Local Governments" (3) 7 (~APart 30]7, "tlovemmcrttwide Deliarmcat sad Suspension {1Yonpracnretnent)" {4} 7 CFRPart 3018, "New Rrsdintions oa Lohbying" (5} 7CFRPact3019,"UniformAdministiativeRagttirementsfarCirffitandCNhee Agreements wdh Instihetions oflligha Education,Hospitals, and Nonprofit Organizaions' {6) 7 CFR Pat 302], "Govemmentwide Requirements for Ikug-Free Workplace {Pinancral Asaistancep' (7) 7 CFR Part 3012, "Audits of States, Local Govenunente, sad Nonprofit Organizations" . (8} 2 CFRPart 215, `°Uniform Administrative Regnirementafar Grems and Agreements with ]mtitutions ofHighex Education, Hospitals, and thirer Nvnpmfil Organizations" {9) Office of]vieoagement and Budget (OMB} CircalarNa. A-102, "Uniform Admhnistrative Requirements for Grants and t'ooparative Agreamwtts wilt State and ~ Local Governments" {including ]radian Tribal goveeamams} ~ {10} 2 t3+RPart 25, "ITniversai Identifier and Cenfrel Contractor Registration" {il) 2l;FR Part 170 "Reporting Sobawm+d ead Exeouirve Compensation ]nformatioa" b. The recipient, end restipients of any. sebawards undee this award, assures and certifies that it will twrnply with the ffollowing regulations, as appHcairle. (The falB text of Coda of Federal Regulations references may be found at httoJfwww:accasa.aao.eovlnaratefr/efr-table- search:huni#panel.) (1) 7 CPRPart 3617, "Governnteniwide Debarmantand Suspension {Nonpmeurement)" {2) 7 CFRPart 3018, "Now Restrictions oa Lobbying" {3} 7 C.FR Part 3021, "Governmentwide Regairements furDrug-Free Workplace (Fiaauciai:Assistancey'. {4) 7CFRPart3052,"Audits ofStatea,LocalGovemments,andNonpeofit Organizations" PnblicLaw 109-282, "Federal Funding Accountability and Transparency Aet of .:2006". : {6) 2 CFR Section 175, °Award Tam for Traflieking in Persoru" i G Allowable projxt costs will be detained in accotdanuro with the authorizing stahrte,the purpose of the award, amdto the extent applicableto the type of organrrations receiving the award, regardless of liar. Tile following poriions ofthe Coda ofFedeml Regulations are hereby incorporaTad by reference (The fill text ofCotBeofFederalRegalationa referarrces may befoundath~Tp:tlwww.access,gpo.eovloare/cfricfr-.table~search.html#paeel): (I) 2CFRPart220,"GostPrivcipioaforlnstitutionsofHigberHdueatiion" (2) 2 CFIt Part 225, "Cost Principles for State and Local d3overnmenb {Inclvd"mg Certain Indian Tribal Govaramonfs}" (3} 2 CFRPart 230, "CostPtinciplea for Nonprofit Organizations" (d) 48 CFR Part 31, `Y;ontmd Cost Principles sect Procedures" IL UNALLOWABLE COSTS. Tho following costs arcnot allowed:. a: Costs above the amount authorized fare Ute pmjece b. Costs incurred actor ffie expiration of the award including any nomst oweosions of time a. Costs that lie outside dre scope of tiro approved project andany amendmerus theroto d. Compet>sation~r igjuries to persons or damage to property arising from projeen aetlvities This list is not axltaustive. Questions about the aLYowability ofpardcular Items of casts should iNe directed m tho.NR.CS administrative contact i<katifiedin. rho award. IR. CONFIDENTIALHTX a. AcBivities performed wader this award may immlvo access M confidential and potentially sensitive information about governmental and landowner issues. The term "confidential informatioa" means proprietary eoformation or data off aporsonal nature about an individual, orinformationordatasnbmittedbyarpertainingtoanorgaa°v~tion. Thisinformationmust natbe disclosed withoak the prior written consem ofTiKCS. b. The recipient's persom+gl wiU follow the rules and pmcednres of dlselosure set forth in the Privacy Act of 1974, 51JS.C. Section 552a, sect implem~iiag regulations and policieswiW aasPact to systems of records determined to. be subject m the Privacy Act. The recipi~rt's personnel must also comply with privacy ofparsonat information relating to natural resources conservation programs in accordaneewithsection 124d of 1"itla II of theFarm Security sad RurallnvastmeviAetof2002(PubLia~awlg7-i71). 1V. PRIOR APPROVAL REQU112REMC.iNTS The following are the nest common situations roquiring prior approval. However, the recipient is also bound by say other prior approver requirements of the applicable administrative provisions and Federal cost principles. a. Purpose orDeliverab~es.-When it is necessary for iho renipiont to modii~ the purpose or defiverabtos, the reeipimt mast submit a written request and justification for the change along withtha rovisedpurpose or delivemblea of the award fo the NRCS admioisfrative contact. Tho aegveat sltmdd comaitr iha following: I. Oeantoragreementnnmbei 2. Narrative explatmng the requested modification to the project propose or delivem6les 3. A deseripdon of rile revised purpose or deliverables d. Signatures of the authorized. represenmtive, project director, or both 6. Subconireovral Arrangement.-The rac'vpient must submit a jrrstitirafian fnr the proposed subeantractuai arrangements, a statement of work to be petibrmed, and a detailed budget for the subcontract m the MRCS administrative contact. Subamiradual arrangements disclosed in the application do not require additional postaward approval. o. Absonco or Chamge in Project I.e~orship.-When a la'ojeck director or the petsoar msponsible : fordredirecHonormanagementof9reprojecd.- 1. Relinquishes active dhaction ofthe project for moretban3 eonseoativa nxoffiha or has a 25pertxat or nrae'e reduction in time devoted. to theprajeet the grantee mast notify the AIliGS administrative contact in writing, identifying whowll{ be m charge durhrg dra proj~t director's ebsotrce. The notification must include the ~ qualifications and the signature of the replacement, signifying his or her vtitlingoess r m serve on tbepmject. 1 2. Sovers his or her affiliation with dte grantee, the grantee's options inchtide- ~ i. Replacingthepmjectdirector: Thegravdeemustrequestwtidten8pprova( 1 of dre replacomam from the MRCS administativo contactand mast arrclode the qualiticatious amt dre sigoatnre oftirargrlacemend signifying till or hez willingness is serve on ilra pmjeot. ii: Subcontracting m drnformer project director's new organization. The grantee must roquest approval fir tbe administrative contact to replace tho project manager and retain dhe award, and to subcontract #o the former pmjoci daer;tor's new nrgaaization certain porticos oftho pmjedto be completed by the former project director. iii. Ralivquishing the award. The grantee must submit to the N1tCS administrative mndact a signedletterby We grantee and the project director that indicates that the grantee iarelinquishingiheaward. Thalettermnst include the date thepmjeet director is leavingand a summary of progress to date.: A'Sna1 Standard Form {SF} 425 reflecting the tarot emonat of funds spent by the recipient must be attacked to the ietier. 3. Transfers rho award 4o his or her new organization, the auttrmizad organization's nprescntetiveat We sew organization must submit the fallowing to theblftG'S administrative comsat as awn as the tranefar dato 3s firm and the amount o£funds to ba transferred is known:. i. The forma and certificatjons included in the application paokage ii. A project summary and work statementcnve[ing the work to be completed under the project (dnlivarebleaandubjectives must be rho same as those : ouflined in the approved proposal} iii. An updated quaiif~cations statement for tho project dira:tox showing his or : her neworganizafional ai6llation : iv. Any cast~sharing respsiremants under @re o»ginai award transfer to the rrew insHmfion; Niereforo,cost-sharioginforntation must be included fa the proposal flnm the cew organization Note: The transfer of an award from one organization to another can take up to 40 days to accomplish, which may result in a delay in the project director resuening the pmjectatthemeworganizadon. d. Budget Revisions.. Budget revisions will be in accordatrcewith7 t~pR Section 3015.17 S. e. No-Cast Bxteosions of Time--'When a no-cost aalension of limo is required, the recipient must submit a written taquesk to 4he MRCS administrative contact no later limn 30 days before lire expimdnn lake of the award. The request must contain the fallowing. The length of additional time rtttuired to complete the project and a justification for ibe exkension a A summary ofpmgress to date • An estimate of funds expected to remain unobligated on Uee scheduled expiration date * A paojcehd timetable m complete the partioess of deeprojeot for which the wcteasion is being regaested • Sigaatnre ofthe grantee and rho projoct d°uecmr • A status of tx,st sharing Ho date {iff npp9icable} Note:. An extec>,sion willno4 excced 12months. Only in exceptional easeswill more than oew elttansionbe granted. Requests Porno-cost extensions received after the expiration of the award will not be granted. V. PAYMENTS a; Payment by p1RCS tb the entity will be made monthly or.quarterly (whichever is mutually agreed upon by both parties) on a reimbursable or advanced 1r~Ss upcm comgletion of woxk oatiined herein: PaymeadwiHI be executed rotor the submission of a properly executed foam SP-270: The SF-270 must cite the agreement number, rEmittauco addrzss, and billing petted. The SF-270 must be sent m the IVRGS program contact at 2ha addtese identified in Block 7 of the Noticaof GranKAgreemeat Award: b: : Unless otherwise specified in the award, the recipienk must raceiv®payments ilrcouglt eleatronla fiords ttmtslbra. c. Recipiems requestingadvances should request payments in amounts necessary to meet their currentneeds pursuanttc:procedures contained in the Federal admiaisteativo provisions: and 31 CI?R Part 205. d. 'Itie method of payment between the recipient and ils contractors will be in accordance with the polieiesand procedures established by the recipient excepttBat the contraokors may not use the USDA Office ofFinaacial ManagentenUNatinnal Finance G`enier mediodto requesd payments: If rho grantee makes advance payments to contraotnrs, the grantee must ensum that the timing off such paymonts is deaigeied to minimize elapsed time between ass advance gayinent and iho disbuexenent of ftmds.: Payment tegitasfs from thagraatee's contraetora will ...rat ba sent M MRCS fur reviow or appmvaL a Accounting necnrda for all costs incurred under this award musk be supported by source documsntateaa. Such documentation includes,: But is not Rmited ta, canceled cheeks, paid BI1Ls, paymtJ records, and subcontract award dacumcnts, Labor cast charges io this awaid rnustba basedupon salaries actually earned and the time actually worked onlBis award: Alt project costs must be incurred wiftdo the approved projeatperiod cf d>m eward,including any :approvedno-cost mttension off time. CosEsthat cannot ba suppamd by soui~tie documeaiteticn or that are incueeed outside of the approveA projecipeiiod and budget may 6a disallowed end may result in award funds being returned to iheFederal Government by tbereaipient. VL FINANCIAL REPORTING a Recipients must submit a Federal Financial Report {FFR), SF 425 and 425A, in accordance wide the following scheduie {recipients may download the applicable force at htkp•Jlwww.fams.gov):. : t,)uarterivSChedplg RaportDueDate October 1 to Det~mber 31 January 31 dannary 7 to March 31 April 30 i April l to Sune30 July30 July I to September 30 October 30 I I Reports rmrsk tie snbmit6eai on m acc[nal accoantiog basis. Failure to sobmit trpats in acordance with the aboveaclt~lule may result in suspension oP t'~miuafien of award. : b. A final Report must be submitted rro later than 90 days a8er the completion of the award:: Far final FFRs,reporting and date mast be the end daN oftha project or agreemearperiod. The reports should be submitted to the MRCS admiuishative contact identified'n~ awarri natificaSons::.: Vll. PERFORMANCE MONITORING ANA.REPORTING a. 'tbe recipient is: tesponsiblefor maaitoefng day-to-day perform~nca and far repaxting to : NR.CS. If the project involves subcoatmcmat arraagdneafs, th®recipient is also responsible for aaonitoringihaparfornuutae of project activities amdee dtase:anungameots mensurethat appmvedRoals end schedules are met. b. Every b momtis the recipieet must submit a written pmgmss report::F.eah report moat .:.cover-f I. A comparison of acme] sccomplisbmon~ with rho goals and objectives established ferthe reporting period and wham project ontpm can be quantd"ied, a compmation ofthe costs par unit of output 2:. The renso®s why gaals and obj~fives ureic ~t may rf appnrpriate. : 3: Addi6onat partinam infomafion including, where appropriate, anatysis and expla~tion of cast ovettwis orhig6 unit cask a. The recipient must submit a final performance report within 90 daysa$er completion of Proj~ Vli1. SPECIAL PROYL410NS : a. Tne recipient assures and cerdfiea thatit will comply vrith ttia minimum-wage audmaximum- bourprovisions ofihaFederal FairI,abor Standards Act. b. F.mplayees ofNRCS will participate in eij'tuts under this agreement solely as rtpresentatlves of the Unitad:States. To thia: entl,they may not participate asduectors, officers, employees, or nthanvise serve orhold thenualves out aeiepresenfetives oftbe reoipiem. They also may net assist the recipiaet with efforts m lobby Congress orto raise money through fundraising : effarta. Furdber,NRCSarnployaesmustreporttotheirnamediatesapervisoraaynegotiations with the recipient conceraing fnhuc amplaymentand must refrain from partiaipa5on in efforts regarding such parties until approved by tbe agerxy, c. Employees of the recipient will not ba eaesidared Fedaml employees or aganLs ofthe United States for shy purpases uuder tliisngreemend. : : LX. PA77~NTSy INY.!?IV7'tONS, GOPYRIGflTS, AND AGKNOWI,:EDGMENT OR SUPPORT AND DISCI,AIIYl.EB a. Allocation of rights of patents, inventions, cad copyrights mast be iu accordance with 7 CFR : Section 3019.36: Thisregplation provideathat small tiusi~ssm normalty may retain the principal worldwide patent s~ighhh toany iaventiondoveloped with USDA suppork b. Fn aaaordsnco with 37 CFR Section 401.td, each subject invention must be disclosed m dta Federal agency within 2 mantbs after rite inventor discloses it in writing Eit contractor persomelaesponsiblefar pateffi matters. Invention diselosmu statements pursuant to 37 CFR Section 441:IA(c) moat be made in writingto: Acgnistions Divisirxi: t,mnts and Agreements Team 14001ndependenceAv~nue, SW. Room 5221 South Building Washingron,DC20239 c. USDA receives aroyalty-free license for Federal Govenrment use, reserves the right to require the: patentee to license odrers in cet#ain eircrunstances, end requires that anyom exclusively Iieensed to sell the invention in the United States mast mannfaetme it dnmesriaauy: d. Tne followingacknowledgmem of MRCS support must appear in thepub]icationoffany maderial,. whedteraopyrighted or not, and arty products in eleenunio formats (4+orld Ride ~dcb pages, cunfputer progrmna, etc.) drat issubslanfialty based:apon or developed under this award: + "This material is basdd upon work supported by the Natueal Rescourcas Conservation : Service, U.S. Department of Agriwtture, under camber [r~pient sboold enter the : applicable award numlHer tiera].° In addidon, all publications and other materials, except scientific articles or papers published 9n seient~c journals, mast imclude the following smtenent • °Aay opinions, 5ndings, conclusions, or recacnmendationc mtpressed in this pa6Gtation are tboso of the author(s) end do not necessarily retlect ibe views of the U.S. Department ofAgricuttnre," , The recipiaitt is respenaSrle forensuring that an aelamwledgmeat of MRCS is made during news media :enterviewa, including popular media sacb as radio, YeJevisiem, and news magazines, that discuss ins substanfial way work feuded by this award. X. COST-SHARIlYG REQiTIIlE1t~MT3:. ~ e. If the award has specific cost-sharing requirements, the cost baring participation in other projects may not be counted toward rneetiag the specific cost-share requirement ofthis award, arai moat came fiam non-Fadaml sources unless otherwise stated in the applicable prograea amomcertent. 4 6. Sbouldtlrereelplentba!~meawarethatittnaybennablatoprovidethe~st-s6ariugamowrt j( identified to this award, it mast ~ I. Immediately notify iho I~iRGS administrative contact ofihe situation. [ 2 Specify thestaps it plans tateke ro secure replacement cent aharirg. 3. Indicatetha plans tneidrer continue or phase art the project in the absence of cost sharing. c. Ifl~1RCS.agrees to the organization's proposedplaas, the recipientwilt be notified eccord'mgly. If the organization's plans are not acceptable to MRCS, the award may 6e subjectto termination. NRC.S modifications to proposed cost sharing revisions are made an a : ' case-by-ease basis. d. Failure by the recipientto notify MRCS in accordance with paragraph (b) above may result in the disallowance of soma or all the charged to tbeaward> the aubsequemrecovery by NRCS of soma of Nra MRCS fiords provided order the award, and possible termination of the f award, and may coristitgte aviolution of the terms and conditions ofthe award so serious as to provide grounds fcr suh~uetrt suspension or debarment. e. The recipientmustmaintain:reeords of al[. pmjed c~sis that nee claimed by the recipientas east sharing as well records of coststo be paid by NRCS. Lf ffie rauipient's cost participation inclgdes iq-kind contributions, ffio basis far deteemiaiag the vahution for volunteer services: and donates propmty rrwst be documented: XI. PI2t)GIIAMINCI?ME Income derivedfiam patents, inventions, or copyrights. will be disposed of In accordance with rite recipient's own policies. t3eneml pragram income earned under this award dining ffia period ofNRCS supportmust tie adaed to total project funds and usedto fiattter the purpose and scope of this award orthe legislation under which this award is made. XII. NONEXPENDABLE EQIItPMETTMl' Reaipierrts purchasing aquipmegt or praducfs with fiords provided under this award ace encouraged to use such fiords to purchase only American-made equipment andprodonts. Title to nonexpendabla equipment pcn'obased wtdrnwerd (ands well vest in the recipient upon completioa of tho award project end acceptance:. bpN12CSofrequiredfmalroports. Wheuequipmentianolonggaraeededbyffierecipientanaffieper-unit fair market value isles than $5,000, the recipient map retaia,sell, or dispose of the equipmamwith no further obligation 1o MRCS: However, iFdha per-unit fair market valae is $5,000:or mote, the recipient must submit a writteq request to theNRC3 administrative contact for dispositioninsfructi~s: : i XIII. LIlOII°C 4F FEDERAL. L.IAEIIdTY The matvmum financial obligation of MRCS to the recipien4 is the amount of funds indicated in the award as obligated by PiRC3. However, ro the evert that an erroneous amount is stated on the approved budget, or any supporting aocament relating to the award, NfftCS wll(have the um'Iatwal right tomalce ffie correction and to make eo appropriate adjustment in tke NRCS sFnuaof the awardtoaliga with.ffie Federal amnum authorizes. XIV. MODIFICATIONS AND TEI21F4INATIONS ' NRCS may amend ormodify.ffie award through anexehange afcorrespondenca between authorized officials ofthe renipi~ct and NRCS. The award is subj~t to termination ifNRCS dekrmines that the recipient bas failed to comply with tlie:terms sad ocnsitions offfie award.:In the:eveni that ffie award is ternilnated,ffie 6naoeiaB obligations offfiepartes will be those se4 forth is 9 CFRPatt 3015, Subpart N. XY. AWARD CLOSEODT' Award closeout is the process by which MRCS deternriaes that all required project activities have been ; performed satisfactnrily and all necessary administrative actions have been completed. I Exhibit 2 Title 440 - Conservation Progtants Manual Part 519 - Firm and Ranch Lands Protection Program Subpart J -.Exhibits 519.110 Farm 230, "Confirmation of Wlatchitl+g Funds (2008 Farm Bill)" U.S: DEPARTMENT OF AGRICULTURE Form 230 NATURAL RESCtURCES CONSERVATION SERVICE ¢,o<a' ~,rsnwra H The fotlovring inforwation is required prior to federal Farm end Ranch Land Protection Program {FRPP) fiord disbursement. The propose ofthts form is to identify and confirm matching fund som~ces. A. Appraised FairMarket Value ofthe Fasement.. B.ConaervationEaseurerttPUrahaaePrice Amount Paid to We d»ndawner : C. Coopei~ating7sdity Cash ConfribntionPaid to WeIaodownv D. Federal Cash Contn'boOon Paid to We I.,andownar d? Cixantor{Landowoer)Tbna6oa:(part afdie app~Yaised fair tnatkat value rwt talrenineash to conhabute to We ooaservaiian effort and roducetau Hiabitity, landowner shell wt donate an ofC or D back to the coo tin enO ' L7m1erFRPP authorumg statute and tegulaOnns, the Cooperating IinOty Cash ConlnbaOonPaid to fire Grantor (landowner) amstbo at least 30%of the Appraised Faix Market Vahnc (A) if the Cnanior(Laodownor) Donation is 25%orkss. The Car•~tor (Landowaer)DOnafion maybe wanted as op b 50°l° of We Cooperating Entity's 54}% Cash Cordrrbunom if We Grantor (Lmulowner} Donation is 25% of the Appraised FairMadcek Vatua {A) or less. The Cooperating FuOty's GashCoettribu6aa Fad to the Grantar(Lendowner) rmrst be at least 25°k of We Appraised Fair Mmtret Value (A)if the Grantor (I,aeidowner) Donation is between 25% and SOSb offhe Appraised Fair Market Valuc (A). The CoopuatingP.n6ty's Cash Contnbution Paid to the Grantor {I.avdowtrer) forcer be at least io%offhe Ptuchaae Pritx if the Landawner I)onaOonis more Wan 50% of Ore A 'aed Fair Market Yatuc A . R~mmmended Cantrdbations to Stewards and A nisitioo Foods Stewardship Fuad(lim(tedta 2%ofOre appraised fair marketvatue ratter ezeeed$2O 6OO... : APPtaisat(HunitedbyFRPPpotityurthaacnealeostof Ore sisal Survey:(Iimitec16yF72PppoticytaUieactualcostofthe Closing CostsOimikd by FRPP policy to We astuat cost : of the closin Deed Pteparaion Costs(lirmuted by FRPP policy to the astuad sort of the deed station Total : t cerOfy that the intormafion on Wis supporting form for Federal FRPP laud acquisition is tore, coat. and complete. d have been informed that the dollar amount Bisted above is ffie appraised fair market value of the conservation easemwt, and Wert T Gave agreed Yogtam a conservation easement on my property for $ . {entee conservation eascnrent purchase price), d understand Wert false cedifiwion has s~iaos consequences and will lOtely resoh in ineligibility for the Farm and Ranch [.ands Pmtation Pmgmm Grarrior (lamdawner) Name(s) (please print): Signatuae: Sig~tum of Additional Grantor (if applicable). .hate: ~44o-v-cpM, aa,end. 7a, septemner aolo> l "Title440 -Conservation Programs Manual : I certify that the information on this form for Federal FRPP Iand acquisition is kue, correc4 and wmplete. I further cattfy that the enfity's cash wntritiution ofthe matddng fimds.3isted above Lave not come fmmadditional donations, payments, towns, or fees made by or duuged to the a3wvo-mentionai Granby immediate faintly viemtiers, or oxgaaizatioos confmtled or fiauled by the Grantor, eitlier ttirovgti formal or infomtnE agreements. I apJetstapd dtai false cerri5cation bas serious m~egnences and will likely result in ine}igtbihty of theentity far the Farm and Rands Rands I'mtection Program. C.oopemfing Entity I3ame (plmse. prints Authorized Official: (please print); Signaaae by Authorized Offctal: Date: I certify tha4l leave swat in person with the landowner and wnfirmed all ofthe infomtadan fisted above tine, mrrect, and : cortgtiete. The landowner has certified thy. the entity's estimate of rasL sontrdbution ofthe matching funds listed will noe mina from additional doaatiat~,payments,. losna,:or foes m~e by orduvge3 m the abovo-mentioned Granor, immediate family members, oearganizatisascoMmged or funded by the Oiavtor, either through fomml or informal agreements. The landowner understands dwt theputdmseprice is the aa»unt:hc or she shonki receive at dosing for atepurchnse ofthe easement 'lhe tandownerfurtheruaderstaodsthatttieF~mandRanch7aads3'rotae6onPmg-amduesnatregvirealandowaerdonatloaor contnbutioas to stewardstiip or aaquisi6on funds NRG3 Representative (please print): Signature byNRCS Represwtetive: Date C44o-v-cPM, atneaa. 74> se~tetnbef zalo> EXHZBI'?' _ 3 4t0.~+FROVld.L4 p. ~ a ~"uabP"b~ -nom--_ T,'1f.8154' t)RREIAfl~t9R~~lE r''vaa~ ®povlcnc~ Quasi- ~ rsH 0 arxxeecr ~ ~ h 9r'iAe Cot (reearsM:c3fo~~k! 9n batY~ ®FlRJA{. FAaT1AL S~f.D5.l45t AC+'E~YA~d#~Gk*EMTAH'NL'ELFNEN't9 4Ptl16Fik}ftt8~~0~M~R.' 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Sat. ~k,°i°.. 99. ~.trF itFe VeC#tC~P CnE e~ Ib~, A4'ei {Cj Ie m dESing #hd d ' sP _ tare #+S S a9'ie~ s and d Stu 93 9e R5a m- ;~ng aria ~ aeE:ViEy r.~tN1aD ppIUsYM1t"$ aCe a @~.tE 5r .}f'~Yiit XrO Title 440 - Couserva6on Programs Manual Part 519 -Farm and Ranch Lands Protection Program Subpart J -Exhibits 819.102 Specifications for Appraisals of Real Property fior the Farm and Ranch t_ants Protec#ion Program. A. Background lnfoxrna6on (1} The United States of America, acting through the United States Ueparm~ent of Agricultnre's Natural Resource and Conservation Servirx; (NAGS} and [entity name] is considering pmrhasing a conservation easement to assist the landowner in protecting farm and reach lands that contain geime, unique, or statewide andlocally important soils or historic and archaeological resources &rnnconversiott to nonagricultural uses and preseeves valuable faun and ranch lands far future generations These lands may be placed under a conservation easement thmngh the From and Ranch Lands .Protection Program (FRPP). (2) All appraisals completed for this program must comply with Uniform Standanis of .Professional Appraisal Practice (USPAP}, Unifotm Appia9sa( Standards for Fed~aI Land Aetluisifions (LIASFLA a.ka. Yellow Book} as applicable, and appraisal inshuctions as issued by MRCS in aself-contained report format (3) For parcels that are products of cooperative agreements and amendments signed after May 23, 2~8, the cooperating entitymay apt for either of these two methods to ..determine the effect of tire:cons~vation easemerd on the subject property in accordance with those instructions: (i} tJSPAP: A USPAP appraisal of the proposed easement area before placement of the easement acrd a USPAP agpmisat of the proposed easementarea as if the easement is in place. The diff~enee between these two values will be the effed of the easement on the sabject property: (ii) YeIIow Book: By con~rleting an appraisal foe market value as defined below of the largerparcel before the easement (before value) is placed and anappraisal for market value as dafined blow of the lazgm parcel as if the easement is in place (after value) as of the date of a current data The diff~ce betu!eert the before value and the otter value is the price of the easement. The larger parcel concept involves not only the land proposed far the easement but all surrounding. laud that meets the definition of larger parcel. The valuation of the effect of imposition of the easement is based upon Federal Hiles, which considers any loss in value to the whole property as well as any increase in value of tbe whole property tine to imposition of the easement (4} For parcels that are products of cooperative agreements and amendments signed in fiscal year 2006, fiscal y~r 2007, and fencer year 2008 before May 23; 2008, all appraisals. completed far this program must comply with LTSPAP, Yellow Book, and appraisal instructions as issued byNRG'S. Yellow Book: By completing an appraisal for market value as defimed below of the Iatger parcel before ibe easement (before value} is placed and an appraisal for market value as defined below of the larger parcel as if the easement is in place {after value} as of the date of a otarn~t date. The difference between the before value and the after value is the price of the easement The larger parcel concept involves not only the land proposed farthe easement area but all sumtunding (440-V-CPM, Amend. '74, September 2010) t Title440 - Conservation Programs Maaual laud that meets the definition of larger parcel: The valuation of the effect of imposition of the easement is based upon Federal Hales, which considers any loss in value. to the whole property as well as any increase in vali~ of the whole property due to imposition of the: easement {5} For parcels that are products of cooperative agreements and amendments signed. in fiscal year 2006, all appraisals completed foe this program must comply with USPAP, Xellow Book, and appraisal instructions as issued byB1RCS, with an effective date of the appraisal cad the technical review as of the date of execution of .the: cooperative. agrceaient betweea the entity and USDA/N12C5. Yellow Book: By completing an appraisal for marke# value as defined below: of the lazger pazoel before the easement {before value}rs placed and an appraisal for market vahie as defined below of the larger parcel as if the easement is in place (a$er value} as ofthe date of a current date: The difference between the before valve and the after value is the price of the easement The larger parcel concept involves not only the land proposed for the casement arca but all sumaunding land that meets the defintition of larger parcel.: °fhe valuation of the offeet of imposition of the easement is based upon. Federal. tales, which tonsiders any lass in valve to the whole property as well as any increase in value of the whole prolaraty:dua to imposition of the casem~t. • Conflicts 1>FZweeii Yellow Book and USPAP are minimal. When there: is conflict, Yellow Book takes: precedence.: It may be necessary to invoke 4he jurisdictional exception rule to USPAP tomcet certain standards of the Yellow Book. The jurisdictional exception rule should never be invoked lightly and must iaclude citation of the. overriding Federal policy, Hale, or regulation that requires it Any jurisdictional excoptions not speciScally cited in doe Yellow Book must be discussed with the assignedieview appraises. B. Appraiser fraatifications All real property appraisers performing appraisals under this.program must be State- . ceati&ed general real property appraiser or obtain a temporary practice permit in compliance with Title XI of the Financial Institution's: Reform; Recovery and Enforceinerrt Actof 1989 {FTRItEA) in the State or States where the subject property is located and must be in good standing with the licensing authority wham ttie ciedentiai was issued. Appraiser must have demonstrated competency in compliance with USPAP in conducting apprasalscf agricultural properties with and without conservation easements of the requested type and must provide docvmentafion of appraisal education coulees auended including either eminent domain or con.4ervation easements course complyion for either appraisal methods stated in A(1) (2); or (3) and I7ASFLA (Yellow.. Bonk) course for any Yellow Book appraisal: G R~tpose Of The Appraisal Reports (1) Depending upon which of the approved appraisal methods has been selected by the entity the applicable purpose of the: appraisal report must be stated in the report.. (i} FOR YE&LOW BCIQK APPRAiSATS: 'I'be pwpose of the appraisals is to provide an opinion of mazket value; as defined below, of the subject property (larger parcel) before acquisition of an easement {before value} and an opinion of market value of the subject property remaining after the proposed: easement has bey placed (a, fi`er valuo} as of a oturent date in a selfcontained report format. (440-V-CPM, Amend. 74, September 2{)10) :2 .Title 440 - Conservation Progtarns Manual The appraiser musC recognise that in a before and after appraisal, the partial interest being acquired is not achtally being apprnised_ What is appraised is the lazger parcel befcra and niter the: cAnveyance of the partial interest. (ii) The purpose oftwo opinions of value is to establish the effect on value resulting from impceition of a conservation easement: 'The price of the easement is the before vahae of the largecparcel minus the after value of the property as encumbered by the FRPP'warranty easement deed, provided there are not adjustments such as excess irrigntion water rights explained below, which would equal the price of the easement.: A key croncept in this appraisal process is defining the larger parcel is requited to begin the appraisal prods. 3lte appraisals must be completed in compliance with Uniform Standards of Professional .Appraisal Practice, Uniform Appraisal Standards for Federal Land .Acquisitions, and appraisal instu#ions issued byNRCS. (iii) For the: pnrpose of these appraisals, theFederal roles for acquisition will be used. (iv} The market value definition that: will be stated sad used in developing and reporting this assignment is the definiflon as stated in the Yellow Book: • "Market value is the amount in cash, or in teens reasonably equivalent to cash, for which in all probability the property would Iravesold on the effecrive date of the appraisal, after a reasonable exposure tune on the open competitive market, from a willang and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer; widineither acting ender any compulsion to buy or sell, giving doe consideration to all available economic uses of the pmperty at the time of the appraisal:" (v) This definition makes no linkage between the estunated market value and exposure: time.. A specific exposure time may not be cited in an appraisal report prepared under Yellow Hook standards, invoke the jurisdictional exception Wile to avid aviolation of USPAP standards, which require a specific expasure time. (vi} No other definition of market value is acceptable forYellow Book appraisals. (2) FUR USPAP APPRAISALS: The purpose of the appraisals is to provide an opinion of mazket value, as defined below, of the proposed easement area before placement ofthe easement and a USPAP appraisal of the proposed easement area as if the easement is in place in aself-contained rrt format. The difference between these two values wip be the effect of the casement on the subject property. The appraisals must be completed in wmpliance with Uniform Standards of Professional Appraisal Prautice and appraisal instructions issued by A1RCS. (i) The market value definition that will be stated and used in developing and reporting this assignment is as follows: + "Market value means the most probable price which a property should bring in a competitive and op~ market under all coatlinons aequisite to a fair sale, the buyer and seller each acting prudendy and Imowledgeably, and assuming the price is eat affected byundue stimulus. Implicit in this definition is the consummation of a sale as of a speti.Ged date and the passing of title from seller to buyer under conditions wheneby- Buyer and seller are typically motivated. - Both. parties are well informed or well advised and acting in what they ...consider their own best interests. - A reasonable time is allowed for exposure to the open mazket. - Payment is made in temrs of cash in U.S. dollars or in terms of fmancial arrangements comparable thereto. (440-V-CPM, Amend. 74, September 2010) 3 Title 940 - Conservatian Programs Manual - The price represents tbe normal considerations for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." {ii) No ether defurition of mazket value is aocepiable for USPAP appraisals. D .Background For The Appraisal Report (1} Prepare two opitripns of value of the subject propeaty before placement of the easement and after placement of the easement as stated above in a self-cpntained report format. The after condition err second appraisal will be based upon a hypothetical condition that the conserva6oreasement is in place and the effects on value that maybe create-.d. (2) Client is [entity name], unless otherwise directed by the cliemt: {3) Intended user must be identified as USDAlNRCS and any other specific organization or entity dratmay be involved in the specific transactionunless otherwise directed by the client. {4) Intended use will be for USDAtNRCS and amy other specific organization or entity that may be involved is the specific trartsacdan consideration in determining the effect on value of the conservation easement of lands entering into. the Farm and Ranch Lands Protection Program... Exchtsions of approaches to values, as stated in USPAP, must be strongly supported with spud reasoning. (6) Property rights to be appraised will be surface rights ine(nding improvements: such as homes, barns, hay sheds and fencing, timber, orchards or other permanentplantimgs, and any irrigation water rights. The irrigation water rights include wells, ditches, reservoirs, ponds, and lakes that provide irrigation on the subject property and are legally penrritted. Crop base and: allotments thaCarelocated on the subject property will be clearly identified in bpth the before and a#tet condition. The value of any marketable standing timber that could lae economically harvested will be considered by a timber cruise and included in any valuations: Other penuanent planfings that are located on the subject property will be appraised and included in any valuations. Any irrigarion equipment such as pivot sprinklers, moveable pipe, tow lines, etc: that are boated in the proposed easement area will be excluded from the valuation. (7) If irrigation rights are included in the easement area, docmnentation provided by NRCS will identify the voiumeof irrigation watarights tp be retained. far the subject property as necessary to ensure the fumcfipn of the fattnland or ranchland opemrion and other agricultural conservation values: This volume will also be documented in the conservation plan and easement baseline inventory report exhibit attached to the conservation deed. Irrigation water rights that are legally owned and used on the proposed subject property will be despribed and valued in Ure appraisal (8) The apgraiser will dccuraem if any portion of these irrigation water rights can be removed from the subject property or not. ff the irrggaton water rights can be removed from the property, the appraiser will provide a value opinion of the value o£ each irrigation water right. The ttpptaiser will consider only the irrigation water rights required to be retained on the subj~k property as identified by NRCS. E. The Appraisal Repoli (l) DeseriplonofR'orkProduet {i) The appraisals must meet the requirements of theUnifptm Standards pf Professional Appraisal Practice, Uniform Appraisal Standards for Federal Land Acquisitions regulations as applicable and appraisal instructions issued by NRCS as a selfcontained appraisal report. {440-V-CPM, Amend 74, September 2010) a Title 440'- Conservation programs Manual (ii} The appraisal report may arnsist of a foam xepart, a narrative report, or a combination of both.: The appraisal xepOrt must be In compliance with Uniform Standards: of l?roft~ssional Appraisal I'rnctice and Uniform Appraisal Standards for Federal Land Acquisitions as applicable and must use the following. guidelines as stated lathers standards. (iii} Restricted-u~ orsummary repovrs are nok acceptable. (iv} The contract appmiser must potsonally inspect the subject property and comparable sales. {v} The appraiser must talk personally to the property owner or the owner°s agent or representative, and the Property owner or the owner's agent or representative must be given an opportunity to accompany floe appraiser during his or her: inspection of the subject property which must be clocantented in the appraisal. {vi} The Unifomt Residential Appraisal Report (UR.AR} is not acc.~rtable. {vii} Reports must contain a table of contents. and sequeafially numbered pages. includiag'addenda. 'Reports may contain handwritten page members. (viii} Reports must reference all environmental dooameats utilizod bythe appraiser in completing the eplxaisaL The appraises is a key individual in identifying. potential em>ironmentai pmbl~ts that may affect the value of the subject Property: (ix} The appraiser will: contact the client to resolve problems, clm~ify questions, letters of engagement {call orders}, or other issues. Issues relating. to the appriisal process will be discussed with the technical review appraiser who will kip die client advised of such discussions: (x} .The effective date of the appraisal report is the date of the site visit by the appraiser:.. (xi} The appraisals must be in typewritten or leg~'ble inkprint form or in automated or computerized: forms; {xii} Only reports completed and submided on 8'h-inch by 11-inch paper will be acxspted. (xiii} The appraisal rzportmust be bound in a datable report raver with appropriate identification. (xiv} The appraiser must provide. thr~ originals of the appraisals to the sp~ific organization or entity that may be involved in the specific ttansaction. Reference the above instructions, including exhibits, far details on appraisal: reports, appraisal fonts regriired, and required methodology and supporting documentation- (z} Required Elements for FRPF Appraisals. (i} Farr 1 Initnduc6on o Title Page • Letter of Transmittal • Table of C'.ontents • Appraiser's Certification - Follow the iIASFLA guidelines as applicable, but include the following: °I have made a personal inspection of the appraised propery which is the subject of this report and all eomparatile sales used in developing the opinion of value.: The dates} of inspection was ,and the method of inspection was [If more than one person signs Ure report, this certification must clearlyspccify which (440-V-CPM; Amend. 74, September 2010} 5 Title 44®- Conservation Programs Manual individuals did and which individuals ded not make a personal inspection of the appraised property and Gales: The contract appraiser must inspect the appraised,txoperty.] m my opinion, as of date] ,the market value of the larger parcel before conveyance ofthe partial inU teat is $ and tl~ market value of the remainder attar conveyance of the partial interest is $ ' Byc [signature] Print Name Printed Name aml Professional Accxeditation State Certification #1" • - Follow IJSPAP guidelines as applicable, but include the following: "I have made a personal inspection of the appraised property which is the snbj~t of this report and all comparable sales used indeveloping the opinion ofvalue. The date(s) of inspection was ,and the method ofinsgecdon was . [If more than one person signs the report, this certification muss clearly specify which individuals did and which individuals did not make a personal inspection oftlte appraised property and sales. The contract appraiser must:inspect the appraised property,} In my opinion; as of~date] , We market value of the proposed easement parcel before conveyance of the partial interest is $ , and the market value of the prapased easement parcel afrer conveyance of the partial intcaest is $ . By: [signature] Print Name.. Printed Name and Professional Accreditation State Certification {t" (ii) Summary of salient facts (iii) Photographs of subject property. Provide original color photographs or high quality color copies of photographs of the appraised property. Photographs may be a separate exhibit is the addenda or included with the narrative deacxiption of the appraised property and comparable sales. Show the following information with each photogmphi Identify the photographed scene. Indicatedirection ofview, vantage goint, and odrerpertinent information. An aerial photo should be used to shave the location of the photos. • The name of the photographer The date the photograph was taken (iv) Smtement cf assumpQons and limiting conditions. • All appraisa] reports submitted to the entity and NRCS for review become : the property cf the United States and may be used far any legal and proper (440-V-CPM, Amend. 74, September 2010) Title 440 -Conservation Programs Manual purpose. Therefore, a condition that limits distribution of the rcrort is not permitted • If the appraise] has bey made subject to any encumbrances against the property, such as easements, that must be stated It is unacceptable to stake that the property has been appraised as if free and clear of all encumbrances, except as stated in the body of the repor5 the encumbrances must be identified inthis section of the report: • The use of a hypothetical condition that provides: access for MRCS and partners to the easement area will be shown on a map of the subjesA property to restore, maintain, and monitor the purpt>se and function for which the easement was placed may be used in the appraisal due to the actual access documents that may not be in place. This access should be considered legal access: for the purposes of the apprffisal but it may not meet local requirements fin other uses such as subdivisions.. The use of any other hypothetical cmndi5ons is not permitted. The use of an uninstructed assumption orhypothetis:al condition that results in other than "as is"market valuo will invalidate the appraisal. htclnde only factors relating to the: appraisai problem- Assumptions and limiting conditons that are speculative in nature are inappropriate. 1)o not i~dude limiting conditions that significantly restrict the application of the appraisal.. • A contract appraiser cannot make an assumption ar accept an instruction that is unreasonable or misleading: Clicntinstnzctionstnust have a sound ffoundation, be m writing, and be included in the appraisal report. (vj Scoff of the appraisal • This section must fully descr'be the extent of investigatian and analysis; The. scope of work must be consistent with the intended use of the appraisal. • Identify the appraisal as apartial acquisition caseappraisal: Describe the part being conveyed and the principal differences in the property in the before and after condition Descr'be the before and after methodology to be used.. (vi} Purpose: of the appraisal wrTl be as stated in C above (vri) Summery of the appraisal problem (3} Factual Data (ij Legal description (ii} Property data Site'... • Luprovements • Fixtures, livestock, and forage production sttucmres and facilities • Use history • Sales history For YeIIow Book appraisals include a 10-year record of all sates of the appmised property and offers to buy or sell if the information is available. Ifno sale has occurred in the past ]0 years, the appraiser must report the last sale of the property, irrespective of date: For USPAP appraisals include a 3-year re<;ord of all sales off the appraised gropetiy and offers to buy or sell if the information is available. If no sale has occtnmd in the past 3 years, the appraiser mustreport the last sale of the property, irrespective of date. • Rental history. (44A-V-CPM, Amend.. 74, September 2010} Title 440 - Canservation Programs Manual. - A 3-year rental history is required.: An unsupported statement that the rent does not represent market rn ecnnomic teat is unaa~table. • Assessed value and annual tax load... • Zoning and other land use regulations; - The contract apprassaz most identify, in addition to zoning, all other land- use and environmental regalations, outstanding rights, and irseavaflons that have as impact on the:highest and best use and valrae of the property. • Appraised pmperry map or plat. Show the dimensions and topography of the appraised property in detail ou a largos€~le topographic map, at least 2 inches to Wemile.: The map may ba placed hereorin the addenda {4) Data Analysis end Conclusions before Acquisitlon (i) Analyses ofhighest and best use • Ff}R S?ELI.OW Bt~QK APPRALSAL5: For acquisition appmisals, UASFLA defines highest and best use as "The highest and most grofitahle use fur which theproperty is adaptable and needed nr likely to be needed in the.teasanably near fn#rue." .The contract appraiser may also refer to definitions as found in `"l'he Dictionary of Real Elate Agpraisal:" - The UASFLA regattas the contract appraiser to make a lazger pam.~;l determination in all appraisals. Apply the tests provided in LTASFLA Fart IIi to determine the larger parcel{s). • Ft3R USPAP APPRAISALS: The aontraet appraiser may refer to definitions as found in `"fhe Iictionary cf Real Estate Appraisal:" • AL& APPRAISALS: The highest and Crest use conch>3ion must be clearly supported by market evidence. Sale or exchange to the United States or other public entity is not an acceptable highest and best use. The use for which the Federal t9overnment will put the property after it has been acquired is, as a general talc, an improper ]aghast and best use... A noneconomic highest and best use, such as "conservation," "natural l~ads,» "preservation,,, oranyuse that requires the pr~pertyto be withheld from. econonvc production in perpetuity, is not a valid u~ upon which to base an estimate of market value. ff the highest and best u~ is for assemblage, desra°fbe and eatiplain ttie relationship ufthe appraised propectyto the property to which it would be joined - If apeculationor investmem is the highest sad best use of the. property, descsibe and explain its in4erim and inert probable ultimate use, - When dr~'e is a claim that the highest and best use of a property is something other thaw the property's existing use, the burden. of proof is on the contract appraiser. - Market value cannot be predicated upon potential uses that are speculative and ca~ectursl: The contract appraiser's. opinion of a reasonable probability of a zoning change must have a factual foundation: The appraisal report must include a descriptionofthe investigation andertaken to determine thepmbability of rezoning. The investigation must include thorough research of the uses and caning of properties. situated similarly to the subject property within the area covered by the zoning authority. The stated rezoning canclusion must be supported by facts surfaced in the research. A property cannot be valued as if it were aheady rezoned for a different use. Theproperty must be valued only in light of the probabr7ity of obtaining a caning change: {440-V-CPM; Amend. 74, September 2Q10) 8 Title 440 -Conservation Programs Manual (ii} Land valuation (iii} Value estimate by the cost approach • Estimate the value of the land as though vacant and available for its highest and best use. Estimating land. value by the use of confirmed sales of comparable ac nearly comparable ]ands Having like optimum uses is the prefeaed method. (iv} Value estimate by the sales comparison approach • Neaeby arm's Iength transactions that are comparable to the land under appraiset and reasonably current are the best evidence of market value. The Federal.. courts recognize the sales comparison approach as being normally the best evidence of market value. • Analyze the last sale of the subject property if relevant. If not used, explain why. An unsupported claim that a sale of the subject property was a forced sale or is not indicative of its current value is unacceptable. • When supportable by market evidence; the use of quanrified adjnstments is preferred. Percentage and dollar adjustments may and often should be combined. Resort to qualitative adjustments only when these is inadequate market data. to support quamimtive adjustments. Factors that cantsat be quantified are dealt with in qualitative analysis. When quantitative and qualitatve adjustments are bath used in the adjustment process, all quantitative adjustments should be made fast • Include a sales adjustment chart sammariziug ffie adjustirsc~sts and showing the fusel adjusted sale prices and how the sales compare with the subject pl'o'P~y- (v} T'he documentation of each cnmpasable sale mast include: • Parties to the transaction • Llate of transaction • Confirmation of the transaction • Confirm the transaction with the buyer, seller, looker, or other person having Imowledge of the price, terms, and conditions of sale • Bsryer motivation • .Location Size • Legal description • Property rights conveyed • Consideration • Financing terms • Verify if the sale was an arm's length or distressed sale • Improvements • Physical description - Describe topography, vegetative cover, water influence, improvements, irrigation water, soils, and other characteristics. • Non-malty items • Economic characteristics • Zoning • Curmast use e Topogntphicmap • Photographs (44t)-V-CPM, Amend. 74, September 2010} 4 Title 440 -Conservation Programs Manual • In order to make meaniugfiil comparisons between the sales and.the appraised property, NRCS requires inspxction of atl sales directly compared with the appraised groperty. Waivea of the comparable sale inspection requirement must be made in writing by an authorized of5cial in the form of a supptenuntal appraisal instnaction. There mus# be no waiver of the requirement for inspection of the appraised property. • Include a list of the sales nonsidered but not actually rased in the addectda. Cite pertinent facts such as dat®, size, buyer, seller, price, terms, and location, and explain why each sale was not used: • The contract appraiser must adhere to BJASFLA direction pertaining to cotparable sales requiring exttaordu~ary verification and weighting considerations. These include sales to governmental agemcies, sales to environmental organizations, sales to parties desiring to exch~ge the land to the governmaat, distressed sales, and other atypical ornon-arm's-length sales... (vi} Value estimate by the income approach • All data must be maxltet supported (via'} Correlationand lnal estimate • The contract appraiser must avoid ma~ng a summation appraisal. • Appraisers are responsible for the final opinion of value even if it relies upon estimates developed by others (such as, timber cruisers or cost estimators). Value estimates developed by others will be We appraiser's responaibllity if needed.. (S) Factual Data after Acquisition (i) Legal description • if only a portion of the bundle of rights pertaining to a specific parcel of real estate is being acquired, this will be the same as in the before condition: If aIt of the rights held by the grantor for only. a portion of the larger parcel are being acquired; this section will describe only the real estate being retained in the after condition.. • If the partial interest being accprired is only a gortion of the property rights associated with the larger parcel, the rights being accpaired are outstanding rights forthe after appraisal. (ii) Neighborhood factors (iii) Property data • Site • Improvements Fixtures • History • Assessed value and annual tax load • Zoning and other land use regulations (6} Data Analysis and Conclusions After Acquisition (i} Analysis ofhighest and best use (ii) Land valuation (iii} Value estimate by cost approach (iv) Value estimate by sales comparison approach (v} Value estimate by in~me capitalization approach (vi) Correlation and .final value estimate (7} Acquisition Analysis (i) Recapitulation (440-V-CPM, Amend. 74, September 2010) 10 Title 440 -Conservation Programs Manual • Show the difference between the value of the entire property and the value of the remainder by dednding the property's after value from. it's before value. (ii} For Yellow Book appraisals only: Allomtion and explanation of damages. • Briefly explain any damages to the remainder property. (iii) For Yellow Book appraisals only: Explanation of special benefits. • Identify any sncicial benefits accruing to the remainder. Fthibifs and addenda (i) Locationmap • Maps must clearly identify the property and be of sufficient quality to enable drereview appraiser to locate the property on the ground. Maps must be dated and incluale a legend, scale, and north armor. The original copy of the repartmrist contain origmal maps or vivid color.copies. Area Map.-This is a smatl-scale map showing the general location of the subject market area. - Neighborhood Map: This map shows the appraised propery and its immediate neighborhood. - Tract Map or Plat: This Wrap is alarge~scate {2-inch per mile) Unieed States Geological Survey {USGS) or similar-quality map that shows the appraised property and pertinent physical ffeatures each as roads,.streams, and improvements. If portions of ehe appraised pmpertyareassigned separate contributory values to the whole, these areas must be delineated on tltia map nr a separate map.... {ii} Comparable data maps • This map mustshow the location of the appraised property and the sales: Delineate the boundaries of the appraised properties and comparable sales when the map is of suufiSScientsoale to be meaningful. If all peitinent compparable sales cannot be shown an the same map as the appraised property, asmaller-scale map (such as a slats road map) may be included in addition to the larger scale map. {iii) Detail of comparative data • Include a completed form sbowing all information for each comparable transaction used in dte appraisal: Include. a plat {if available), a USGS topcgmphic map (if appropriate}, and color photos of each sale. The fransaetion number must match ibe number of the transaction listed in the report:. (iv} Plot plea (v) Floarplaa (vi) Title evidonce report Inctnde a copy of the preliminary title report for the non-Federal land if available.. {vii) Uther pertinent oxhibits • IYesent additional data such as documents and charts pertinent to the vahuriion and ref'ated to in the body of the appraisal. Exhibits may include: - A copy of the conservation easement deed. - A copy of technical reports from specialists. This may include a timber cruise summary signed by a timber cnriser or a road plan signed by an engineer. - Property owner permission to appraise. {ix} Qaalificationsofappraissr {440-V-CPM, Amend. 74, September 2010) li Title 440 -Conservation Programs Manual • Include the qualifitmtions of all contract appraisers or technicians wlw made significant contributions to the completion of the appraisal assignment The contrail appmisem mustprovide evidence of compliance with the certification recptirements ofthe State or States where the pmpetties are Iacated. F. Appraisal Reviews A11 appraisal reports are subject to a technical appraisal review conducted for compliance with appraisal instructions, UASFLA, and USPAP as applicable prior to acceptance by NRCS as determined by NRCS. All appraisal reports will have, as a minimum, an administrative appraisal review conducted byNRCS cn each appraisal report in accordance with, Subpart O, Section 519:62(F). G. Format for Supplemental Ap~aisal'Reports Supplements or amendments to appraisal reports, saclr as for updating value estimates, changes in acreage, additional sogport or explanation, or to correct agrevi~s appraisal report, must be referenced for incorporation with the crigmal report in ~cordance with USPAP The following fomrat is rceoatmended. All items must be addressed. (i) Titie Page.. include the same information as on the original appraisal report. ...Sabel the i°epctrt as a "Supplemental Appraisal Report (ii} ,Summary of Facts.-Include: • Owner's name nr other identification of the property • Size • I3ighest and tiest vse • New opinion of value • Valuation date is the effective date of the original report (iii} Summary. of Original Agpraisal.-Cite the date and value opinion &nm the ......original appraisal. If previous updates have beenmade since the original.. appraisal, cite vahte opinions and value dates from all updates as well as the original appraisal. (iv} Chang,-Facplain the reason for the appraisal supplement such as, to update an opinion of value doe to survey acres, amend a previous appraisal report, add additional'support or explanation, or other: (v) New Opinion of ValueDiscuss the changes that have Declared since the original appraisal. Discuss the method used to update the optnioa of value and cite the evidence or analysis of Trends that support the updated value opinion. Conclude with a statement of thenew opinion of value and the vahtation date which is the effective date of the original report, foUCwed by the contrail aPpraiser'sj signature... (vi) Cer1ificatinm as required in Section E(2} of this Exhibit. (vii} Addenda;.-include sales data detail fffi new sales cited, summazies of data. and trend analyses, maps of salsa analyzed, and any other inf'onnation relied upon but not included in the teak (viii} Binding.-If the supplemental appraisal r~rort comprises mare than four pages, it must be bound in a durable report cover with appropriate identification. (A4l)-V-CPM, Amend. 74, September 2Q10) 13 Title 440 -Conservation Programs Manual Part 519 -Farm and Ranch Lands Protectian Pragranl Subpart J -Exhibits 518.105 Technical Appraisal Review Specifications TECHNICAL APPRAISAL REVIEW SPECIl~IGATIONS FOR APPRAISALS OF RF,rLL PROPERTY FOR 1TIE FARM AND RANCH LANDS PROTECTION PROGRAM (132PP} A. Background Infsrmation The United States of America; acting through the. United States Departmentof Ageicuiture's Natural Resources Conservation Service (MRCS} is considering purchasing an easement to assist the lendowner in protecting privately ownatl land on a fawn or ranch by pmteIXing the agricultural use aad trlated conservation c~elues and limiting non- agricultural use of the property. Eligible land includes cropland, rangeland, grassland, pasture Pend; aad fareat land provided the forested acreage does not exceed two~trirds of the easemen4 acr~iga These lends may ultimately beplaoed under a conservation eas~~t using the FRPP of MRCS. AHl appraisal reviews completed for this. pragram must comply with Umfonn Standards of PivfessionalAppraisul Practice (USPAP), Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), as applicable, and appraisal insirttctions issued by NRCS. The reviewer must verify with the client the date of the cooperative agreement the appraisal was completed under to establish the requirements which the appraisal and review are to be completed to. B. Review Appraiser(~ttali6catians ReviewappraiseYSmust be State-certified generel seat propoRy appraisers and be in good standing. with the licensing auUtority where the credential was issued. The review appraises moat have demonstrated competency in compliance with USPAP in conducting appraisal reviews of agricultural propeiities with and without conservation easements of the requested type: All reviewers must provide documentation aff appraisal educaSon courses attended including eminent domain or conservation easements cotxses, at least 40 hours of training in conducturtg technical aeviews and UASFLA {Yellow Book} for Yellow Book reviews must be pmvided by the review appraiser in the review report. C. Purpose of the Appraisal Review Reports (1} FOR YELLOW BOOI APPRAISALS: The purpose of the technical appraisal €eiew report is to provide an opinion of the acceptability of the appraisals that provide a meeker value of the subject property (larger parcel) before acquisition. of an easement {before value) and an opinion of market value of the subject pmperty remaining after the proposed easefncnthss beenplaced (after value} asgf the date of ~ecutan of the cooperative agereme~it laetween the entity and USDA/NRCS minus any adjustments for excess irrigation water to arrive at the effect on value of Oae eas~rent The appraisals and technical review must be oampleted iu compliance with Uniform Staudaiais ofProfessionat Appraisal Practice; Uniform Appraisal Standards for Federal.. Land Acquisitions and blRGS ina~tattctons. For the purpose of these appraisal reviews, the Federal Hiles for acquisition will be used. (44Q-'V-CPM, Amend. 74, September 2010) t Title440 -Conservation Programs Manual {i) The gurpose of two opinions of value is to establish the effect on value resulting from imposition of a consezvation easement. A key concept in this appraisal process is defining the larger parcel, which is required to begin the appraisal process: (ii) The following rnarket value definition that will be used in develrping and reporting this assignment is die de&nition as stated in the Yellow Book (iii) "Market value is Hte amount in cash, or in teems reasonably equivalent to cash, for which in all probability the property would have sold on the effective date. of .the appraisal, after a reasonable exposure time on theopen competitive market,: from a willing and rea.onably knowledgeable seller to a willing and rnably : knowledgeable buyer, wilt neither ailing under any comjtulsioa to buy or sell, giving due consideration to all: available economic ayes of the property at tl~ ':time of the appraisal:" (iv)' No other definition of market value is acceptable for Yellow :Book aPPrai4als. (2} For USPAP Appraisals: The purgrose of the ag~araisals is to provide an opinion of market valve, as defined lielow, of the proposed ea~tent area beforeplacemeirt of the easement and a USPAP appraisal of the proposed easement area as if the easement is in place in aself-contained report format. The difference b~weea~ fltese two values will be the effect of the easement on the subject progeny:: The appraisais must be completed in compaaae with Uniform Standards of Professional Appraisal Practice and appraisal instntctions issued by MRCS. .The following market value definition will be used in developing and roPottmg this: assignment: "Market value means the mostprobable price whicha property should bring in a eampetitive and open market andes all conditions requisite &z a fair sale,. the buyer and seller each acting piudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consununafion of a sale as of a specifred date and the passing of title from seller: to buyer under conditions whereby.- - Buyer and seller are typically motivated - Bodtpatties are well infoiwed or well advised and acting in what they :consider their own best interests. - A reasonable time is allowed for exposure to the open market.. - Payment is wade in terms of cash in U.S: dollars ~ in terms of financial arrangements comparable thereto: - The price represents the normal considerations for the property sold: unaffected byspecial or creative financing or sales eonceasions granted by anyone associated with the sale. • No other definition of market valueis acceptable for USPAP appraisals. • A separate technical appraisal review report of each appraisal report wr71 be conducted if two or more appraisals have been requested D. Scope of Work (1) The scope of work is a desk techaioal review to assure the appraisal meets the definition of appraisal as required, examine the appraisals to assure that they meet applicable appraisal requirements, which nchade USPAP, UASFLA, as applicable to the appraisal assignment, and appraisal instntetioas issued by NRCS. The technical appraisal review report must comply with USPAP Standard 3, UASFLA, and appraisal insulictions issued by NRCS and must be typewritten and dated and signed {4401-V-CPM, Amend. 74, September 201 p) 2 Title 440 - ConservationProgrems Manual by the reviewer All items contained in Staixlard 3 of USPAP must be da~umented by the review appraiser in the technical appraisal review report. The appraisal reviewer will be te€latineci to make a determination as to the acceptability of the appraise( in accordance with instruction provided to the appraiser and these instructions. (2} The review appraiser may be instructed to express their own opinion of value. This cletetmiuation will be made on a case by case basis by the authorized official and will be inehrded in any work eider. (3) The review appraiser will determine if the appraisal is approved or not acceptable. (4) If the review appraises detemunes the appraisal report is approved, the review. appraiser will set forth in the neviewrepart the recommended value, if the appraisal report complies. with the assigamrxtt standards, adequately supports the value estimate, campfies with contract requirements and for Yellow Sook appraisals specifically; documents any damages or henefits to any remaining property. {5} If the nwiew appraises determines: the appraisal rrportianot acceptable; the rieview appraiser will provido the NRCS State contact with the reasons the appraisal report was not acceptable in the appraisal review report The MRCS State ccntaet will determine if the appraiser should be contacted, and determine. if the appraisal report should be returned for corrections or if a new appraisal should be ordered. The review appraise maybe instruct~l to work with the appraises to obtain an arxgrtable appraisal in an advisory role. Tf thereview appraises does not approve the appraisal, tbe transaction closittg wiIl not take place: The MRCS State office will notify the NHQ staff appraiser when a technical report has been d~ermined not acceptable after any corrt~tions were made to the original appraisal report.. The NHQ staff appraiser will review annually a minimum of ] d percent afthe State's technical review reports for complianeawlth MRCS appraisal standards. (ti} The review agpraisermust rebtain a copy ofthe tisfed swrulards titiheir overt expense and have diem available during any teehnicaX reviewfor reference {i} Not Approved • If, after diligent doctanented efforts Dave been made to get the needed .support and impxoveanenis, the appraisal r~iort still does not meet acceptable standards: and the value estimate is not adequately supported; the review apprai~ may disapprove or reject an appraisal report. Rejection indicates particular problems of integrity. Thereviewappraisermustclearlyshow why the appraisal report is inadequate. • Ilitiuiate disapproval of a contract appraisal report because, in the review appraiser's opinion, the value estimate is unsupportarl or not supported strongly enough, does not constitute "rejection" for contract payment purposes if the contractor has complial with the contract specifications. • Recommending a second appraisal to confirm; support, or replace an unapproved appraisal report does not coustiuue rejection. ]f, however; the second report supports a significantly different value estimate and that report is ul8mately approved, this effectively disapproves the previous appraisal irpart{s}. • No appraisal should be "rejected" unless it is in violation of appraisal principles and standards, agency or departmental regulations or directives, is inconsistent with facts, or asserts unsupported conclusions. • Appraisals will not be rejected and fee withheld unless the report cl~rly and flageantly does not comply with the appraisal specifications. {ii} Limitations {440-V-CPM, Amend 74, September Zd10) 3 .Title 440 -Conservation Programs. Manual • The review appraiser may not ebange as appraisal report, except for minor madtematieal or typographical errors, and must call those minor changes to the appraiser`s atten4ion. No one, except the original appraiser, is permitted to editor otherwise revise the orignal appraisal report: a The review appraiser may not substitute personal judgment for chat of the appraiser, nor dismiss careful appraisal judgment solely because it cannot be supported by conclusive market data. Aowev~, the review appraiser rosy question the appraiser's judgmant when it is illogical, unreasonable, not supported by data. cited, or is inconsistwt with other data. • The review appraiser must not allow agency goals or adversarial pressure to influence the reviower's opinioa of an apgraisal report's value estimate. In addition, the review appraiser's personal opinion regarding the proposed action must not influence the review process. • The review appraiser must not attempt to influence the appraiser's judgment or diretK the appraiser toward a value estimate. The onlyefr'ort should be to obtain a properly supported value estimate based on factual evidenee and valid analysis of all facts available through use of approved. appraisal appr~ches and techniques Minor tecdtrtical nonconformance with UASFLA and the USPAP should not be the cause of rejection of an appraisal report unless dte deficiencies affect the reliability ofthe vahte estimate. {'T) UASFLA and USPAP Gontlicts: Conflicts between UASFLA and USPAP are minimal. When there is conflict, UASFLA takes precedences. It may be necessary to invoke rho jurisdictional exception rule to USPAP to meet eertain standards of the UASFLA. The jurisdictional.exception ru}e should never be invoked lightly and must include citation of the overriding Federal poficy, role, or regulation that requires it: E. Background for the Appraisal Review Report (I) Client is USDA/NRCS and ar {eatityname). (2) Intended user is USDAINRCS and or {entity name) unless otherwise directed by the client. (3} Intended use will be for USDA/NRt~ determination of acceptability of the appraisals for use in consideration in determining the effect on value of dre easement for loads entering into FRPP. (4) Property rights to be: appraised wt71 be surface rights, improvements srrch as homes, barns, hay sheds and fencing, timber, orcharrls or other permanent plantings, and any irrigation waterrights. The irrigation water rights include wells, ditches, reservoirs, ponds, and lakes that: provide irrigation oa the subject property and are legally permitted: Crop base aad allotments that are located on the subject property must be clearly identified in both the before and after condition: The value of any marketable standing timber that could be economically harvested must be considered by a timber cruise and included is any valuations. Other pemeauentplantings that are located on the subject property mast be appraised and included in any valuations. Any irrigation equipment such as pivot sprinklers, moveable pipe, tow lines, etc. that are located in the proposed easement area must be excluded from. the valuation. {5) Lrirrigation rights are included in the easement area, documentation provided by MRCS must identify the. volume of irrigation water rights to he ruined for the subject property as necessary to ensure the function of the farmlandhanchlaad operation and ether agricultural cortserva6oa vahtes. This volume nmst also be documented in the conservationpian and easem~t base]sne inventory report exhibit attached to the conservation deed, Irrigation water rights that are legally owned and {440-V-CPM, Amend. 74, September 2011)) 4 Title 440 - Cans~vation Programs Manual used on the proposed subject property must be described and valued in the appraisal. The appraises must document if any portion these irriga&on water rights can be removed from the subject property or not. If the irrigadon water rights can be removed from the property, the appraiser must provide a value opinion of the value of each irrigation water right. The appraiser will t~ncider only the irrigafion wale rights required to be retained an rho subject property as idwtifaed by MRCS. A copy of the work order to dte appraiser, appraiser instructions, and al] related information will be provided to the review: appraises by the Agency.. (7} All technical. appraisal reviews are subject to a reviewfar compliance witb the applicable instructions by NRCSINIIQ. (]O) The eiT~tive date of the technical review will be the effective date of the appraisal. {1I} The review appraiser may use jurisdictional exceptionswhen completing the technical review of Yellow Book appraisals whim compliance with part or parts of USPAP is contrary to law or written public policy applicable to the aasigamenf. (12) Technical review reports ruust be completed and s9tbmitted on 8.5-inch: by 11-inch paper {13) Technical review reports must cantaia a mble of contents and sequentially numbered pages, including an addenda. {14} The technical appraisal. reports must be in typawrttten, automated, ar ecmputraized forms. {15} The review appraise must document whether the analysis and docuarentation contained iu Oreappraisals supports the opinion of value arrived at by the appraiser. {l6} The technical review format must be as shown in Exhrbit 1. (440-v-ePM, Amend. ~4, Septemberzolo) s Title 440 -Conservation Prate Manual Exhibit l Technical Appraisal .Review Report Appraisal Review of ro tvl .Prepared by tname. tittt~ unit) This technical appraisal review reportis presented in fom sections: (l) Report Smnmary, (2} Appraisal Review Purpnse, Scope; and Intended Use,{3) Reviewer's Analysirs, Comments, and Conclusions, and (4}Reviewer's Certification. For Yellow Book AppralsaHs: As s result of my review, I [approve or disapprove] the appmaisal report that concludes an opinion as of 1 datel the market valve: of the larger parcel before conveyance of the partial interest is $ and 8~ mazket vahte of the remainder after conveyance of rho partial irnerest is $ By. fsienaturel Print Name Printed Name and Professional Accreditation State Certification k'or USPAP Appraisals: As a result ofmy review, I [approve or disapprove] the appraisal report that concludes an opinion as of fdatel the market value of the subject parcel: before conveyance of the partial interest is $ ,and the market value: of the subject. parcel aftercoarveyance ofthe partial interest is $ $y: [signaturel Print Name Printed Name and Professional Accreditation State Certification Identify type of ~+aiue such as market, investment or other value, and identify and give estianated contributory values for major eamponents such asland, tineber, improvements, damages, and benefits. Arty extraordinary assumption or hypothetical condition ofthe appraisal repast or the appraisal review report must be recited here. Section 1: Appraisal Report Summary F,arh must be completedfram information in the appraisal report. If rite assignment required no extraordinary assumptions, jurisdictional exceptions; or hypothetical condieions, state so. Oumer of Record. (440-V-CPM, Amend. 74, September 2010) Title 440 - C.ovsarvatinn Programs Manual a Estate Appraised State the ownership. interest as fee, leased fee, or partial interest and reference the sped, fxc title docwnenf or land status report If the estate appraised is.subject to airy reservations, outstanding rights, or other enclembranees, state them briefly here acrd fully in Section 3:(a). b. Legal Descripfion. Identfy the survey arad land deserdptdon verification. c. Property (~aracteristics. Provide a brief overview of fhe significant physical, dega[, and location eharacteristdcs of theproper[y, d. larger Parcel Lktetmination. e. 87ttraardinarpAsstnmpton or Ilypathetecat Conditions. Ident fy the source ofthe written instrucBeans. f. Fligaest and BestUse or Permitted Use. g. Date of tho Appraisal Report. h. Daze of Appraisal i. Appraiser. j. Value (valid through 1. Section 2: Appralsal Review Process a Client and Intended Users. b. Intended Use.. c. Purpose of the Review Assignment 1. FOR YEE,I.OW BOOK APPRA]SALS: The purpose of the technical appraisal review report is to provide an opinion of the acceptability of the appraisals that provide a market value of the subject property (larger parcel) before acquisition of an easement (before value) and an opinion of market value of the subject pmpedty remaining after the pmpased easemeat has been placed (after value) as of the date of execurion of the cooperative agreement between.. the entity and USDA/NRCS minus any adjustments for excess imgation water to arriva at the effect on value of the casement. The apprai~ls and technical review must be completed in compliance with Uniform Standards of Professional Appraisal Practice, Uniform Appraisal Standards fm Federal Land Acquisitions; and MRCS insmictions: For the purpose of these appraisal reviews, the Federal Rules for acquisiflcn must be used. The purpose of two opinions of value is to establish the effect an value resulting from imposition of a conservation easement. A key concept in this appraisal process is defining the larger garcel, which is required to begin the appraisal pmcess_ (44©-V-GTA~I, Amend. 74, September 2010} a Title A40 -Conservation Programs Manual 2. FOR USPAP APPRAISALS: The purpose of the appraisals is to provide an opinion of nuulceetvalne, as defined lietow, of the proposed easem~t area before p]acement ofthe easement and a USPAP appraise] of the proposed easem~t area as if the eas~rent is in .piece in aself-contained report format.: The difference betty these two values wit] be the effect of the easemenron the snlrjectproperty. The appraisals must ba completed in compliance with. Uniform Standards of Professional Appraisal PracHOe and appraise] instructions issued byNRCS. d. Scope of Wade Describe work the reviewer did with the property before the appraisal, knowledge trf airy other appraisals that you returned or reviewers property and comparable property inspection, sale vexifecation; addttioonal data and itrformation pracured, analytical methods apptie~ and wlratstandardr were followed Ifthe appraiserrevised the appraisal daring this review: at your requesk desra'tbe the e~teret ofthe revision process. Any analytical work or support documents must be retained in the reviewer's workJlle. Section 3: Reviewer's Malysis, Comments, and Conolusiotts The purpose. of this section u to report the reasons and provide supportfor the reviewer's conclusions and explain rtiscreparrciesend disagreements: This section should be written in a detailed narrartve format that elearlyachieves the staradardsfound in UASFZAPart Cand USPAP SR 3-2(d). Fi'har fotlows it as outlineofsubstance to be considered for thenarrative. a. Present your opinion of the adequacy to which tlae appraiser followed appraisal instntdiorss; inchrding vatae definition, saes vedficafioo, extraordinary assumptions and hypothetical conditions, hazardous material conditions, estate appraised, legs] desesiption used, and general specifications followed. b. Analyze and describe adequacy and appropriateness of appraiser's largos parcel determination.. c. Analyze and describe adequacy and appropriateness of appraiser's highest and beat use determination. Comment whether an economic analysis was appropriate and carried out correctly. Compare subject and sales for consistency of highest and best use; cgmpar~ subject zoning and tend use regulations with appraiser's analysis of legal propertyuses; exp]ain reasons of agreement ar disagreement with highest and best use conclusion.. d Analyze and desen'be adequacy of appraiser's analysis ofprevious sage of subjeut Property. e. Review and desonbe adequacy and appropriateness of va]uaGon approaches selected. £ Review and describe adequacy of treatment of contributory values of minerals, water, timber, impmvements; personal property, and intangibles. (440-v~P1vI, Amend 74, September 2010) a Tifle 440-Conservation Progeams Manual g. Review and describe appropriateness of sale data stratification, review methods and acatnateness of sales analysis, adjustments to sates, and value indications obtained from sales. h. Review for reasonableness and accuracy all assumptions and data in the cash flow analysis of dre income approach acid analyze for appropriatenesatho rnarket e~tiraeted rate applied to the subject cash flow. Ensure the appropriateness ofcomputer software used in sales, income, and. statistirrl analysis.. i. Explain and conclude as tothe reasonableness and appropriateness of the overall appraisal methods used and support presented. State whether the appraisal report is approved or disapproved Rothfa than approved, summarize the principal reasons for your action. Seclion 4: Reviewer Cer9ification The italic words treed to be cheznged for the circumstances and revtesver I certify that, to the best of my knowledge aad belief • The facts and data reported by dre reviewer and used in the review process are true and correct. • The analysis, opinions, and conclusions in this review reetrort are limited only by the assumptions and limited conditions stated in this review report azrd are my awn personal, impartial, and unbiased professional analysis, opinions, and conclusions. • I ]rave no present or ptospective interest in the propcety that is the subject ofthe work under review and no personal interest with respect to the parties involved: • I have no bias with. respect to the property that is the subject of this report or to the parties involved in this assignment. • My engagement an this assigtunent was not contingent upon developing or reporting predetermined re<salts. + My compensation is not contingent on an action or event requiting from the analyses, opinions, and conclusions in this review or from its use.. • My analysis, opinions, and conclusions were developed and this review report was prepared in canfomuty with the MRCS appraisal instructions and appraisal review instructions, the Uniform Standards of Professional Appraisal Practice (for USPAP appraisals as applicable), and the Uniform Appraisal Standards forFederal.larrd Acquisitions (far Yellow Book appraisals as applicable). • My report preparation and presentation conforms to the requiremerrts of the Cate of Professional Ethics and Standards of [applicable professional organizations]. « I am a member of the [applicable professional organizations] and am current on all continuing education requirements through [date]. (440-VLPM, t~mend. 74, September 2010) 9 Title440 -Conservation Programs Ivtanual • I [have orhave not] made a personal inspection of the subject property under review. e [Name ofprofessionad or no oneJ provided significant appraisal, appraisal aeview, or appraisal coits~alting assistance to the person signing this ceetifica9ioa: Reviewer Date of Review General Certi&cation Number and State and expiration dale when required dry State;. Title Attach Qualification 3tatemcent for the Reviewer. (440-V-CPM, Amend. T4, September 2®10) 14 EXHIBIT 5 FEO~xnl_ Fl t~FbRT : {FOtiovrirom irsstrud'gns) 1. Federal agency acxt t7rgartiiafional Element to WMcn 2. FederaE Great or 09dr~ Identif}Arcg Number Asskpeed by Faders! Ageeioy (Ta Report is Submhted report muliipla grants, use FFR AttarJvnent) Page :of 3: Recipient t.)r {Nameand complete address kacluding 21p codap ~ 9a. t)UNS Nurrdrer 9b; EIN 5. RedpientAeoofmt Number or tden6tying 6: Report Type 7. Basis of ticcoun6ng PArrrdaer (TO reportmuitiple grants. use FFR D Quar~Y : Attachment) : ? semi-tnnuai ? acwal ©Anauai Q fimai 8. ProjectiCxarit Period {Month, Day, Year} 8. Repotting Petad End Date (Month, Day, Year} From! To: . Ttansa tons Cunuiativa Use:6nes a-c f~°si to ar:mmbinedrrttPt - t Fedarat Cash. ®ra mu . Ms sa a alsa use FFR A a: Gash Recur is b. Cash Disdrrsamenffi c Cashon Hand line a minus b Use tinesdo fdrs e' tie Federal enditures. rid t3notr8 atad BaWaece: d: Tom adaral funds auUtatzed e, Faders! share M:e !lures.. f.Fedeeai shase:ofunfi uidafed lions Total Federal: share sumof lines nand. h: U tad baian~ of Federal funds tine d nunus Rest lent &hare:..: i, Tatiafre lent share aired::. Red' share ofe IWres.. k. Re red lent share ffi be ' ad: line 3 minus Pr ram income: 1.7otei Federal share of m inco ea m: income titled in accordance ri4tlt the deduction alternative n. Pro m Income a rkfed'n a the ad..zltmtnative a e' I 'rso. :nen. 11. a. Type b: Rate c. Parted Porlod To d. Base a. Amount Charged f. Federal Share kxflrecf E>yensa ~'v' ' . Tota3s: f7. Rorrffir&s: AttaaBr any explarsaffoacdeert»drrecassaryorlrNcumatlon requaed by Faderals~reaorfngagertcyerr corr~tlanea w/fhgwamBag POgislaGon: 13: Cartificatlon: BY signing this report, l certify to the bast at my knawtedge and 4etlaf that ilea report is teve;:complete, and aCCUfete, tired the azperWikuras, disbutss®nents and sash receipts arc for the purpo~s and ieKertt set forth in rise award dacumeerts. 1 am awaee that any fad; fiotitiaus, or fraudulent fMornmtion may sub}aet ma to crtmlrtat, civil, or administrative penalties. {U.S. Code, T6tle 18, Section ltroi} a, Typed or Pdn~dName and 7'Ne ofAuthodaed OfBdai c.Telephone {Area . numbor: and e#aresion) d. Erttall Address b. 5"agnature of Authorized Certifying Otficml e. Date Report Subvrdttad (Motrth. Day. Year) ifd use y. ,~s~,--'^r r. ' Siantlattt FOrm 926-Revised 10Pi1/241t. OMB Approval Number: 1x348.086f E~iratlon Date: 2dd8t2t}15. Paperwork BaNen 9eatemerrt. : Mxanflrg to the Paperumik Reduction ALt, as amerced, na paravrrs ars raGer'uzad torespondto a coilecllm of mfonna[ba uPoass k d~plays a valid OMB Contrsi Number. The vaKd OM6 rorarol numberfw Wa intarmatlpn m0ectlun 5 034a-0Dee:. Pubic reporting burden for aas cotecWn of infonnalion is estimated b average 1.5 !wars per: reapmrsa, inclu8irg time for revievkeg insinrcgors, seareMng existing data sources; gaMamg arM maintaining Ure data rraaded, and compgluag and r~iewing are catPeeUOn. of kefoaaratbn. SerW eommeads regardorp the burden estimate or arty other aspect of this eoliaclao M intuonsibn; Nciur@ng suggastlsm for reduareg ihls t,usaan, m the Office tManayemaM and RP rcmik Reduction Prgect 0348~ee5t}, Wsshrtr .DO Via. E~ibit 6 Torus roacrr m avanabta etectrontcatty. Form Ram - Dram testa: ivatrmtz AR-3030 u.s. etEPAareaENt o~ AoRtcuLTUtzE REPRESENTATIOld3 REGARDBNG FELONY CONVICTION AND TAX f?FJ.INQlIENT STATt1S FOi2 CORPORATE AFPLIGANT5 Note: Yon only need to complete this form if you are a corporation.. A corporation is any entity that has flied ertieles of ins 'on in one afthe Sfl States, t$xe District of Columbia, or the various tenimries of the United States including American Samoa, Pederrted States of Micronesia; Guam, Midway Islands, Northern Mariana 7sIands, Puet#c Rica, Republic of Palau, Republic of the Marshall Islands, or the U.S: ~irgrt islands. Corporatians inotude bath far prafit sad non-profit entities... 77ea statement Fs made Ar ardirdaiare wWv Use PeBvaayACt of P874 {5 Lt.S.C. 552(x), as amandea).. 71re aatfia7tyTartegaesUng Ure fuPfawdry'. fifaamation far USDA ABanctea and sBatFa~c®s ds tn,§T38 arsd 7a'~ofN®Ag ;RualAamlopment!'~aeB add l7nagAdmftisPratbn: end RePa(atl AS~aaciesAppmpn'atiensAct, 2f712, P.L } 12-55 and subsequent simfdir pFOVistaees. 77oe tntomratfan wilPae aced fo canfmn stahas cam»rm`ng anPBiy aanulcthua afatelonY arlmfnatvlaleUon, andkraar}urldf-®rBAn<Jtax PtffiPPSystatss A«nwrrbng Po tta3 F Red~ar.Uors Act of 1885 araagenaymayn~ potadrrcP wspwlr~?ar, and a {raaaarm Ps rroi raquLad to resAand fo a eo/Pection d Ptifomlalon rmPessNddsplaysevaBd Ofr9BCOntroBnt+iraber. TUavaldOMB can9cP aaPrmberbsrthLs tntannatfw+cadt~Pfan is p505-Q02~ 7fie l&ne ragedn:d fo aorirAPePe UdstnfoimeUon wUecUna is esttmetedto aveeaya 95 mPtaWos parFasAwtsa; fiscPtrdfatg dre Unra hxrevdawseg searGaktgezdstirx3datasswres;~gaPherka9andarte4Ma9thtBUmtlata ,and rxanpfatin5tara~ieavfewingthee~AecUonof&rfainaFia~. t. APPLICRM'S NAME 2 APPLICANT'S At.1pAE55 (drmterddesgLp C.tide) 3. TAX IDt~. (Lase 4 tlgPts) 4A. Has the Applicant been convicted of a felony orinunal violation under Federal or Stale law in th® 24 moltths preceding the date of application? ? YES ®NO 4B, Has any officer or agent of Applicant been convicted of a felony criminal violation for actions taken nn behalf of Applicant under Federal or Stat® law in the 24 months mg the data of appfiostiott? ? YES ®NO 4C. I}oe:s the Applicant have any unpaid Federal tax liability that has been a9sessed, for which a]F judicial and admlalstratlve remedies Freya been exhausted or havo lapsed, and that is nut being paid in a timely masuler pursuam to an agreement with the authority icspansible for colteciing Use tax liability? ®YES ®Nd) Prov' ' the rep anon is vole .However, failure W 'sh the regti information will make the applicant ineligible to enter inter a con t, memorandum of ands ing, t, loan, loan , or coeperative ament with USDA. 6A. APPLICANTS SIGNATtII?E {BY) b6. TtTLE~ELATIONSHIP t7F THE iNDI UAL IF bC. tMTE SIGNED SIGNING 6N A REPRESENTATIVE CAPACITY t YYV~ The U.S. tof (tJSDAP MaSoPSSearasoad ore Nor MraOO, age. sax, adaetP~oPO'.as, sistaag dstatoa, ,sex9afotko ,or se aSorpadotan 9a Is 0om eaypubSo that al b aldxa P w~f who oP hifmmaSan {a W&eF. eta) sdrovM USDA"s TARQE7 et (20aj 724 sad ttTDP. To a of .Sae. to tPSA4 torCNS Atha t ary~r5w4 ,1400 Aaeewe SW S~94J4~W f~20260-9410, areal at lass} as 2 P ate9aP a77 (rac) ar(m) s7xae4a tea k a s y). rase a»d : U.S: DepantttentofAgricul8urc NRCS-ADS•093 Natural Raonrcn Cmasmation Soria 712x12 NOTICE t)F' G AGREE... AWARD 1. Axse~d [dewifyiog Namber B. AnaendmenA No. 3.. AwarddPmjeet Peelod 4. Type orAward Iustenm~t 73-2081-3-1CLS 1 5r2a13-eJ3oJ2o1s Caaperative : 5. Ageosl: Namtul Rsaaurcea Conservafioa Service {D°tRCBD b: Recipient Oegaolxatbn: (N®tne a~ AddressD ..(Name sodAddre>m) t,,;dm~a... tawgmvsa Natural Resaurc~s Conservation Service ~',~.a~; ~ Ke ~„e The: Galleries of Syracuse ~ +:n+ 441 S. Salina Street, Suite # 354 DUNS: E1N: Syracuse, NY 13202 197736387 11-6001939 7: MRCS Progrem Contach 8. NRl'S Adrniai#ntivo Cootaci: 9. Recipient Progeam 14: Redplent Admiodatrative Peter B. Gibbs, Program Kimberley A. Gtenn -Mgt. & Caotaet: ConAact: Mena er 315 477•G543 p MeamaattPa•cana Praneaveaan 9 f ) tgm.Analyst(315j47T-859:8: tasig7asart' kl. CFDA Number: ]2. Authority 13. Type ofACtion 14: PrajeIX biredor 7 Q.g13 1s a c~`~~t or 1aB5. Pup~ct.awga-gee.. amendment IS. Project TltletbesMptla®: Purchase of a conservation easement on the 52 +J- acxe Sidor Farm property. Ifi. Enpty Type: _,ProNt ®NonpeoBe Higher Ednaeion ®Federal w Smtadl,ocal lgodiaolNetiveAmericaa Ig. Aecoun8agandAppropeiafbo Data 17. Setcee Fooling TYPe: U Federet Nan-Federal Financial Code Amonnt Ftuai Yesr.. 1'reaatt S ba( OriginalFundsTotai: .~,898,{}~(}.{)Q.:. : : ....Additional Funds Total: : ctmna rnet: 1,898,000.00 14: APPROVED BUDGET Persamei : S : Fringo Benefits S Travel S Equipmem S Supplies S Cantracwal Sq pry ConaiNgion S Opp $ 1967a78p VL861.6r41 Toml Direct Coat) S Toml [ndirectCost $ .Taal Noo-Fedetsl Funds S T®t~ Fe~tat Fa,td~ n,;~e~a ~ 1 898 OOt}.00 Tntal Apiuovea Budget ~ °(,898,000.00 This agreement is red Jea to applicable USDA MRCS stetuMry provisions ~ Finaoc[al Assistmice Regulations. 1n accgrtingthia sward or amettdment and any payments nnda pursomtt ttaxeto, the undersigned r~resents tttat to orshe a& duty authorlaed to eel on behatfofthc awardce otgpoixation, that the award ]s sutiie# m the emlieable provisions of this egieemem (and all a tsD. and agrees that ascept~ee ofmtypaymeats ter art a@eemam try the payee that the anptmrs, if any fovea by NRCS to have bent overgaid, wilt be eefundad orerollted in full to NRCS: .Page l U.S. Depar6rtcnt of Agricnltmre NRCS•ADS-093 Natmia7Resources Conservation Serviea 712072 : : (Catinaazion} NOTICE OF AGREEMENT AW Award ldanfHYlag Nnntbtr : Ameodmat No. : AwardiProteet Period TYPe MAwaed 1®strument 7~-21i37-3-1~+I_~7i 1 5!2013-983012016 dQeraIVe Name and Tide of Authorized Govarnavemt Repreaantative tgnamre i:.- : Data Donald J. Pettit,. State Conseroatfonist ' x ! r i~~ ~r';d /l Name end Tlda atAorizad ItxlpRn4 Repraetttadva 9lgmatere : Date NONDISCRIMINATION STATEMENT .The U,S. Dapafoiunt of Agticnlmre (USDA) prohibits disaindnation mall its progrems and activi6cs on the baste of race, odor, eudional origin, age, d~ility, and where applicable, sax; mariralatnnrs; fam6iel stems, pmental stemms; religion, sexual orientation, genetic imforrnalIom, polidcel beliefs, reprisal, or beausa all or a pmtofan individuals income isderived from any pubCte esaiatmtce.. ptogrenr. (NaaBi prdtibit~ bases apply mall programs.): Persons with desabilitia who ra)uhe alternative mane forcommnnicffiion of program information {Llraille, large prise, eodiompe, etc.) should contaa USDA's TARGET Cater et {202) T20.2tS00 {voice and TDD). TO file a complaint of disaimbtmion writo to USDA, Director, Otfia of Civil Rigfits, 140D Independaa Avaue, SW., Washimgion, ~ 2025D•9410 or all (800) T9i-3272 (voiap or (262} T20fi3gZ (17yD) USDA is an equal opporNnity pmvidor and e~loyer, PRIVACYAGTSTATEMENT The above slstements are made in accotdanrx with the Privacy Act of 8974 {S U.S.C. Section 522a). Page 2 INSTRUCTIONS FOR NOTICE OF GR11NT1AOREEMEPIT AWARD B. :Award ldatlifyingNumber. : .Agreement number i Amendment No.:.. Amemlmemnnmber{fapplicabk) 3. AwatdlPmject Period: Stmt end end date afprajea 4. Type of Avmrd Instrument:. : Cooperative, Grant, or Contnbution 5. A6encY:.... Name, Addtas. Cip•, Stale, ZIP Code 6. Rccipienlt3rgartization; Name, Address, City, State, ZIP Cade, DUNS (Data Universal Numbering System},and EFN (anployee idrn6ficetion nurntierD 7. NRCS Progran Comaci: Aiamt end mnmct information of person k besatteet on matters involving dee programmatic aspects of the agreement S. NRCS Administrative Contact: : Name and eontau infomta4an of person to tiasoatact on manees involving theadministra6ve aspects of the agreemeet : R RecipientContaet: Name and wrdaa information of per~nto be mntsa on mRters involving the technical aspects of the agreement 10: Recipient Admioistrat[ve:ComaM::..::.. : Name and wntact infotmaton ofperson to be comes an rrmtters involving dte adrrtinisaaUve aspects of thoagrcemem 11. CFDA Nambsr. The Catalog of Federal Domenic Assiatana number under.vhien assislettce is requested :12. Auihonty:.. : Authotfity under which the agrecmrnt is rntered into 13. Type of Action: : Seket one Type ofaIXion:: i. Nex. AgreenenC-Agreement awe~dnl forthe fiest time ii. ArasedmrntlRevtsioa: Any o5mtge in financiaB obligeiion or deliverables iii. Extension.-Exleml perfatrmrtce period 14. ProjeM Dimmor: : Namemdmnt~tinformatlanafpmjeddlreaororprincryelinvesGgator(ifeppliceble) : EA Frojeq TiikJDesaiptioni. Briefdesaiplion of the ptnposo of the agmxmrns 16. Emirytypei' ?ype ofrecipicnt 17. Futdirtgt' : Fedetat aznount of the aweM and ttte non-Fedarel to ba caunbutal io the pmjeet 18. AccbuntbtglAppropriation Darr. : Provide the (oRmeing: i. Financial Cade.-Aceounthtg cl~si6cation mde ii. Amount.-3elfexplanetory :iii. Fiscal Veer:-Selfexplena9ory iv. Treasury symbol:~alfezplanemry 19. Approved Budget: Totals forwch budge cekgory Page 3 73-2q1-3-SCEs AMENDMENT NO.1 TO COOPERATIVE AGREEMENT BETWEEN THE UNTfED STATES OF AMERICA COMMODITY CREDIT CORPORATION ACTHNG THROUGH THE NATURAL RESOURCES CONSERVATION SERVICE AND THE TOWN OF SOUTHOLD FOR THE FARM AND RANCH LANDS PROTECTION PROGRAM Purposes To amend the original agreement to include language to allow for subdivision with certain conditions. Ali other terms and conditions of the original agreement remain unchanged and in 'full force and effect. VIII. CON3ERVATION EASEMENT REQII1REiYlENTS C. The Exhibit referenced in the above paragraph B and provided in the Attached Addendum 1 contains the standard minimum conservation deed requirements promulgated by the chief under the authority in' ? CFR' 191.2 (c} and shall: 10. Include at a minimum the following prohibited uses. of Protected Property and any other prohibited uses necessary to protect the. conservation values of the Protected Property in the Conservation Easement. a. The Conservation Easement will prohibit the following activities. 2.} Subdivision - is prohibited. Subdivision is only petmitted where state or local regulations explicitly require subdivision. to construct residences for employees working on the Protected Property. OR, When a subdivision policy. waiver request has been granted.