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Home My WebLink AboutFPIG-C800606-P.Harbes; N&J Mngmt r s � ELIZABETH A.NEVILLE Town Hall, 63095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS CA Southold, New York 11971 MARRIAGE OFFICER Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER " southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.374 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 21,2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute New York.State De artment of Agriculture anti Markets Contract C800606 in connection with Agricultural and Farmland Protection Implementation Grant in the amount of$1,200,000 for the term March 18, 2005 through March 31, 2007, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk AGREEMENT Now York State Department of Agriculture and Markets Contract Number: 0800606 1013 Airline Drive Albany,NY 12235-0001 Agency Code 06000 Amount of Agreement: $1,200,000 AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT Contract Period: 3!18105 to 3/31107 STATUTORY AUTHORITY:Agriculture and Markets Law Municipal Code: 4703 7900 0000 Article 25-AAA Contractor Name/Project SponsorTown Of Southold Street:53095 Route 25 city: o "� State: NY Tip: 11971 PO Box 1179 SEP 2 3 2005 Billing Address(if different from above): Street: City: DEPT OF LAND State: Zip: PRESERVATION Title/Description of Project: Agricultural & Farmlan O C Oil t Ip elmlen a 'ion Grant THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY: This Coversheet Additional Work If Increase/Decrease in Amount: Appendix A(Standard Clauses for all New York State Extension of Time Contracts) From to Previous Amount: $ ®Appendix B{Project Budget) ❑ Increase Amount Increase/decrease ®Appendix C(Award letter(s)&a portion of Applicant's proposal) ❑ Decrease Amount ®Appendix D(The Department's General Conditions) ❑ Revised Budget New Total: $ ❑Appendix E(Federal Conditions) ❑ Revised Scope of Work ❑Appendix F—(Cooperative Agreement ) ❑Other The Contractor and the Department agree to be bound by the terms and conditions contained in this A reement CONTRACTOR NYS DEPARTMENT OF AGRICULTURE & MARKETS Signature of/Coictor's Authorized Repri 46WR6—V-ED AST m u o thor zed Official: NYS ATTORNEY O -.NERAL Date: 6/A/ , 05 � 5 20Date: Typed or Printed Name of Above Repress tative STEPHEN J HE A;rm`O sed or tinted ams of Above Official: A�:�SOCIA�Tr Ar FO 7,04F, Joshua Y. Horton Title of Authorized Representative: Title of Authorized Official Southold Town Sunervisor r:,1 "Ln4e4 Notary Public: On this day before me personally appeared State Agency Certification: In addition to the acceptance Joshua Y. Horton ,to me known, and of this contract, I also certify that original copies of this known to me to be the same pa=p who executed the above signature page v fff ct copies In tnjrrient and duly,qrkr lQedged)the execution of the same. of this contract. A P P R O V E D DEPT.OF AUDIT&CONTROL ttorrlt�eneml: BARBARA ANN RUDDER Approved:Alan '. Hevprcggi�troJlar� Notary Public,State of New York By: JCC1' UV GG [[��UU No.4655805 Qualified In Suffolk County, li�t�•a. {gtZ.vk,(� Commission Expires April 14,�to FOR THE STATE COMPTROLLER SIANOAIA CIAMM M NYS 911[UM AM�A STANDARD CLAUSES FOR NYS CONTRACTS_ performance of work under this contract. Contractor is subject to fines of$50.00 per person per day for any violation of Section 220-e or The parties to the attached contract,license,lease,amendment or Section 239 as well as possible termination of this contract and other agreement of any kind (hereinafter, "the contract" or "this forfeiture of all moneys due hereunder for a second or subsequent contract")agree to be bound by the following clauses which are hereby violation. made a part of the contract(the word "Contractor"herein refers to any party other than the State,whether a contractor,licenser,licensee, lessor, 6. WAGE AND HOURS PROVISIONS. If this is a public work lessee or any other party): contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees I. EXECUTORY CLAUSE. In accordance with Section 41 of the nor the employees of its subcontractors may be required or permitted to State Finance Law,the State shall have no liability under this contract to work more than the number of hours or days stated in said statutes, the Contractor or to anyone else beyond funds appropriated and except as otherwise provided in the Labor Law and as set forth in available for this contract prevailing wage and supplement schedules issued by the State Labor 2.NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of Department Furthermore,Contractor and its subcontractors must pay at the State Finance Law, this contract may not be assigned by the least the prevailing wage rate and pay or provide the prevailing Contractor or its right, title or interest therein assigned, transferred, supplements, including the premium rates for overtime pay, as conveyed,sublet or otherwise disposed of without the previous consent, determined by the State Labor Department in accordance with the Labor in writing,of the State and any attempts to assign the contract without Law. the State's written consent are null and void. The Contractor may, 7,NON-COLLUSIVE BIDDING CERTIFICATION. In accordance however, assign its right to receive payment without the State's prior with Section 139-d of the State Finance Law, if this contract was written consent unless this contract concerns Certificates of Participation awarded based upon the submission of bids,Contractor affirms, under pursuant to Article 5-A of the State Finance Law, penalty of perjury,that its bid was arrived at independently and without 3.COMPTROLLER'S APPROVAL In accordance with Section 112 collusion aimed at restricting competition. Contractor further affirms of the State Finance Law(or,if this contract is with the State University that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive or City University of New York, Section 355 or Section 6218 of the bidding certification on Contractor's behalf. Education Law), if this contract exceeds 515,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any with Section 220-f of the Labor Law and Section 139-h of the State amount to a contract which, as so amended, exceeds said statutory Finance Law,if this contract exceeds$5,000,the Contractor agrees,as a amount,or if, by this contract,the State agrees to give something other material condition of the contract, that neither the Contractor nor any than money when the value or reasonably estimated value of such substantially owned or affiliated person,firm,partnership or corporation consideration exceeds 510,000,it shall not be valid,effective or binding has participated, is participating, or shall participate in an international upon the State until it has been approved by the State Comptroller and boycott in violation of the federal Export Administration Act of 1979 filed in his office. Comptrolices approval of contracts let by the Office (50 USC App.Sections 2401 et seq.)or regulations thereunder. if such of General Services is required when such contracts exceed $30,000 Contractor,or any of the aforesaid affiliates of Contractor, is convicted (State Finance Law Section 163.6.a). or is otherwise found to have violated said laws or regulations upon the 4. WORKERS'COMPENSATION BENEFITS.In accordance with final determination of the United States Commerce Department or any Section 142 of the State Finance Law,this contract shall be void and of other appropriate agency of the United States subsequent to the no force and effect unless the Contractor shall provide and maintain contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the coverage during the life of this contract for the benefit of such State Comptroller within five (5) business days of such conviction, employees as are required to be covered by the provisions of the determination or disposition of appeal(2NYCRR 105.4). Workers'Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. To the extent 9• SET-OFF RIGHTS. The State shall have all of its common law, required by Article 15 of the Executive Law(also known as the Human equitable and statutory rights of set-off. These rights shall include, but Rights Law)and all other State and Federal statutory and constitutional not be limited to,the State's option to withhold for the purposes of set- non-discrimination provisions, the Contractor will not discriminate off any moneys due to the Contractor under this contract up to any against any employee or applicant for employment because of race, amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any creed, color, sex, national origin, sexual orientation, age, disability, contract for a term commencing prior to the term of this contract, plus genetic predisposition or carrier status, or marital status. Furthermore, any amounts due and owing to the State for any other reason including, in accordance with Section 220 of the Labor Law, if this is a contract without limitation, tax delinquencies, fee delinquencies or monetary for the construction,alteration or repair of any public building or public penalties relative thereto. The State shall exercise its set-off rights in work or for the manufacture,sale or distribution of materials,equipment accordance with normal State practices including, in cases of set-off or supplies,and to the extent that this contract shall be performed within pursuant to an audit, the finalization of such audit by the State agency, the State of New York, Contractor agrees that neither it nor its its representatives,or the State Comptroller. subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a)discriminate in hiring against any New York State 10. RECORDS, The Contractor shall establish and maintain complete citizen who is qualified and available to perform the work; or (b) and accurate books, records, documents, accounts and other evidence discriminate against or intimidate any employee hired for the directly pertinent to performance under this contract (hereinafter, performance of work under this contract. If this is a building service collectively, "the Records"). The Records must be kept for the balance contract as defined in Section 230 of the Labor Law,then,in accordance of the calendar year in which they were made and for six(6)additional with Section 239 thereon Contractor agrees that neither it nor its years thereafter. The State Comptroller,the Attorney General and any subcontractors shall by reason of race,creed,color,national origin,age, other person or entity authorized to conduct an examination, as well as sex or disability: (a)discriminate in hiring against any New York State the agency or agencies involved in this contract,shall have access to the citizen who is qualified and available to perform the work; or (b) I Records during normal business hours at an office of the Contractor discriminate against or intimidate any employee hired for the Page 1 September,2004 STANDAR CU M FU NYS PAKIDCTS rlFFENM A within the State of New York or, if no such office is available, at a employment, job assignment, promotion, upgradings, demotion, mutually agr6eablc add reasonable venue within the State,for the term transfer, layoff; or termination and rates of pay or other forms of specified above for the purposes of inspection, auditing and copying. compensation; The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 (b) at the request of the contracting agency,the Contractor shall request of the Public Officers law (the "Statute") provided that: (i) the each employment agency, labor union, or authorized representative of Contractor shall timely inform an appropriate State official,in writing, workers with which it has a collective bargaining or other agreement or that said records should not be disclosed;and(ii)said records shall be understanding, to furnish a written statement that such employment sufficiently identified; and (iii) designation of said records as exempt agency,labor union or representative will not discriminate on the basis under the Statute is reasonable. Nothing contained heroin shall of race,creed,color,national origin,sex,age,disability or marital status diminish,or in any way adversely affect,the State's right to discovery in and that such union or representative will affirmatively cooperate in the any pending or future litigation. implementation of the contractor's obligations herein;and 11, IDENTIFYING INFORMATION AND PRIVACY (c) the Contractor shall state, in all solicitations or advertisements for NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION employees,that, in the performance of the State contract, all qualified NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER All applicants will be afforded equal employment opportunities without invoices or New York State standard vouchers submitted for payment discrimination because of race, creed, color, national origin, sex, age, for the sale of goods or services or the lease of real or personal property disability or marital status. to a New York State agency must include the payee's identification number,i.e.,the seller's or lessor's identification number. The number is Contractor will include the provisions of"a", "b", and "c" above, in either the payee's Federal employer identification number or Federal every subcontract over $25,000.00 for the construction, demolition, social security number, or both such numbers when the payee has both replacement, major repair, renovation, planning or design of real such numbers. Failure to include this number or numbers may delay property and improvements thereon (the "Work") except where the payment. Where the payee does not have such number or numbers,the Work is for the beneficial use of the Contractor. Section 312 does not payee,on its invoice or New York State standard voucher,must give the apply to: (i) work, goods or services unrelated to this contract; or(ii) reason or reasons why the payee does not have such number or numbers. employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider (b) PRIVACY NOTIFICATION. (1) The authority to request the compliance by a contractor or subcontractor with the requirements of above personal information from a seller of goods or services or a lessor any federal law concerning equal employment opportunity which of real or personal property, and the authority to maintain such effectuates the purpose of this section. The contracting agency shall information, is found in Section 5 of the State Tax Law. Disclosure of determine whether the imposition of the requirements of the provisions this information by the seller or lessor to the State is mandatory. The hereof duplicate or conflict with any such federal law and if such principal purpose for which the information is collected is to enable the duplication or conflict exists, the contracting agency shall waive the State to identify individuals, businesses and others who have been applicability of Section 312 to the extent of such duplication or conflict delinquent in filing tax returns or may have understated their tax Contractor will comply with all duly promulgated and lawful rules and liabilities and to generally identify persons affected by the taxes regulations of the Governor's Office of Minority and Women's Business administered by the Commissioner of Taxation and Finance. The Development pertaining hereto. information will be used for tax administration purposes and for any other purpose authorized by law. 13.CONFLICTING TERMS. In the event of a conflict between the (2) The personal information is requested by the purchasing unit of the terms of the contract (including any and all attachments thereto and agency contracting to purchase the goods or services or lease the real or amendments thereof)and the terms of this Appendix A,the terms of this personal property covered by this contract or lease. The information is Appendix A shall control. maintained in New York State's Central Accounting System by the 14.GOVERNING LAW. This contract shall be governed by the laws Director of Accounting Operations,Office of the State Comptroller, 110 of the State of New York except where the Federal supremacy clause State Street,Albany,New York 12236. requires otherwise. 12. AL EI9C YIuf1NT t POII11i1T S FOFI` 15. LATE PAYMENT. Timeliness of payment and any interest to be NVIII ES AND)YOM N. In accordance with Section 312 ofthe paid to Contractor for late payment shall be governed by Article 1 I-A of Executive I.aw, if this contract is: (i)a written agreement or purchase the State Finance Law to the extent required by law. order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or 16. NO ARBITRATION. Disputes involving this contract, including does expend funds in return for labor, services, supplies, equipment, the brach or alleged breach thereof, may not be submitted to binding materials or any combination of the foregoing, to be performed for, or f arbitration (except where statutorily authorized), but must, instead, be rendered ofurnished to the contracting agency; (ii) a written heard in a court of competent jurisdiction of the State of New York. agreement in excess of$100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, 17.SERVICE OF PROCESS. In addition to the methods of service construction,demolition,replacement,major repair or renovation of real allowed by the State Civil Practice Law&Rules("CPLR"),Contractor property and improvements thereon; or (iii) a written agreement in hereby consents to service of process upon it by registered or certified excess of$100,000.00 whereby the owner of a State assisted housing mail, return receipt requested. Service hereunder shall be complete project is committed to expend or does expend funds for the acquisition, upon Contractors actual receipt of process or upon the State's receipt of construction,demolition,replacement,major repair or renovation of real the return thereof by the United States Postal Service as refused or property and improvements thereon for such project,then: undeliverable. Contractor must promptly notify the State,in writing,of (a) The Contractor will not discriminate against employees or each and every change of address to which service of process can be applicants for employment because of race,creed,color,national origin, made. Service by the State to the last known address shall be sufficient Contractor will have thirty(30)calendar days after service hereunder is sex age, disability or marital status, and will undertake or continue complete in which to respond. existing programs of affirmative action to ensure that minority group ffi members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, Page 2 September,2004 StiiNOYN IE1gNSE5 Ititi NYS gN1YC1s g!'l�pl� 18. PROHIBITION ON PURCHASE OF TROPICAL (c) The Contractor agrees to make reasonable efforts to provide HARDWOODS. The Contractor certifies and warrants that all wood notification to New York State residents of employment opportunities products to be used under this contract award will be in accordance with, on this project through listing any such positions with the Job Service but not limited to, the specifications and provisions of State Finance Division of the New York State Department of Labor,or providing such Law§165. (Use of Tropical Hardwoods)which prohibits purchase and notification in such manner as is consistent with existing collective use of tropical hardwoods,unless specifically exempted,by the State or bargaining contracts or agreements. The Contractor agrees to document any governmental agency or political subdivision or public benefit these efforts and to provide said documentation to the State upon corporation. Qualification for an exemption under this law will be the request;and responsibility of the contractor to establish to meet with the approval of the State. (d)The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and In addition, when any portion of this contract involving the use of agrees to cooperate with the State in these efforts. woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the 21. RECIPROCITY SANCTIONS PROVISIONS.Bidders are submitted bid proposal that the subcontractor has been informed and is hereby notified that if their principal place of business is located in a in compliance with specifications and provisions regarding use of country, nation, province, state or political subdivision that penalizes tropical hardwoods as detailed in§165 State Finance Law.Any such use New York State vendors,and if the goods or services they offer will be must meet with the approval of the State; otherwise,the bid may not be substantially produced or performed outside New York State, the considered responsive.Under bidder certifications,proof of qualification Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 for exemption will be the responsibility of the Contractor to meet with and Chapter 383, respectively) require that they be denied contracts the approval of the State. which they would otherwise obtain. NOTE: As of May 15,2002, the list of discriminatory jurisdictions subject to this provision includes the 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana accordance with the MacBride Fair Employment Principles (Chapter and Hawaii. Contact NYS Department of Economic Development for a 807 of the Laws of 1992), the Contractor hereby stipulates that the current list of jurisdictions subject to this provision. Contractor either(a)has no business operations in Northern Ireland,or (b) shall take lawful steps in good faith to conduct any business 22. PURCHASES OF APPAREL In accordance with State Finance operations in Northern Ireland in accordance with the MacBride Fair Law 162(4-a),the State shall not purchase any apparel from any vendor Employment Principles(as described in Section 165 of the New York unable or unwilling to certify that:(i)such apparel was manufactured in State Finance Law), and shall permit independent monitoring of compliance with all applicable labor and occupational safety laws, compliance with such principles. including,but not limited to,child labor laws,wage and hours laws and workplace safety laws, and (ii)vendor will supply, with its bid(or, if 20. OMNIBUS PROCUREMENT ACT OF 1992.It is the policy of not a bid situation,prior to or at the time of signing a contract with the New York State to maximize opportunities for the participation of New State), if known, the names and addresses of each subcontractor and a York State business enterprises, including minority and women-owned list of all manufacturing plants to be utilized by the bidder. business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St--7'"Floor Albany,New York 12245 Telephone: 518-292-5220 A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St—2nd Floor Albany,New York 12245 http://www.empire.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract,as applicable,Contractors certify that whenever the total bid amount is greater than$1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises,on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b)The Contractor has complied with the Federal Equal Opportunity Act of 1972(P.L.92-261),as amended; Page 3 September,2004 Y 4 APPENDIX B BUDGET $1,200,000 Funds are for the purchase of development rights on any one or more of the thirteen farms described in Appendix C of this Agreement consistent with the attached budgets for each of the individual farms. APPENDIX B C600606 Form B 2004 Budget Information For the Purchase of Development Rights Farm Name: Shalvey Farm Town of Southold PROJECT COSTS Estimated Value of Development Rights [$:-525 00.00 (= $35,000/acre) Administrative Costs Title Insurance $ 2,650 Survey(s) $ 4.000 Appraisal $ 2,200 Outside Leqal Fees $ - Recordina Fees $ 250 Stewardship Fee ($7,500 max.) $ - Other. Phase I, ESA $ 1,500 'Identify: Other ww.�.......�___ $ .'Identify: Subtotal $ 10,600 Administrative Costs(In-kind) Staff Time $ 11000 Travel/office eense Other: Town's Leqal Counsel $ 1,500 Identify: Subtotal $ 2.500 TOTAL PROJECT COSTS F-$ 53s,1o0 FUNDING SOURCES Local Match Municipal Funds $ 132,025 Landowner Donation $ In-Kind frorrr subtotal above $ 2,500 Other(foundation, federal, etc.) $ identify: Subtotal $ 134,525 % of total project costs 25% State Funding State Funding $ 403,575 % of total project costs above 75% Form B 2004 Budget information For the Purchase of Development Rights Farm Name: Badenchini Farm Town of Southold PROJECT COSTS Estimated Value of Development Rights $ 768,000.00 (_$32,000/acre) Administrative Costs Title Insurance $ 3,600 SUrvey(s) $ 4,500 Appraisal $ 2.200 Outside Leal Fees $ - Recordinq Fees $ 250 Stewardship Fee ($7.500 max) $ - - Other: Phase I - ESA $ 1,500 Identify: Other $ Identify: Subtotal $ 12,050 Administrative Costs(In-kind) Staff Time $ 1,000 Other .� pense Travel/ . ex� _ �n 's Legal Counsel $ 1,500 Identify: Subtotal° $ 2,500 TOTAL PROJECT COSTS S 782,550 FUNDING SOURCES Local Match Municipal Funds $ 193,138 Landowner Donation $ In-Kind (from subtotal above) $ 2,500 Other(foundation,federal,etc.) $ Identify: Subtotal $ 195.638 % of total project costs 25% State Funding State Funding $ 586,913 % of total project costs above 75% Form B 2004 Budget Information For the Purchase of Development Rights Farm Name: Shur Farm Town of Southold PROJECT COSTS Estimated Value of Development Rights $ 480,000.00 (_$32,000/acre) Administrative Costs Title Insurance $ 2,450 r Survey(s) $ 4,000 Appraisal 2 $ 1.900 Outside Legal Fees $ - Recording Fees $ 250 Stewardship Fee ($7.500 max.) $ - _Other. Phase I - ESA 1 $ 1,500 Identify: Other $ Identify: Subtotal Is 10.100 Administrative Costs(in-kind) Staff Time $ 1,000 Travel/office expense Other:Town 's Legal Counsel $ U00 Identify: Subtotal $ 2,500 TOTAL PROJECT COSTS Fs-492,600 FUNDING SOURCES Local Match Municipal Funds $ 120,650 Landowner Donation $ In-Kind (from subtotal above) $ 2,500 Other(foundation, federal, etc.) $ Identify: Subtotal $ 123.150 %of total project costs __ 25% State Funding State Funding $ 369.450 %of total project costs above 75% Form B 2004 Budget Information For the Purchase of Development Rights Farm Name: NW Management Co Farm Town of Southold PROJECT COSTS Estimated Value of Development Rights $ 480,000.00 '(= $32,000/acre) Administrative Costs Title Insurance $ 2,450 Survey(s) $ 4.000 A raisal $ 2.000 Outside Legal ees, $ Recording Fees $ 250 Stewardship Fee (S7.500 max.) ... $ - Other: Phase I -ESA $ 1,500 Identify: Other $ Identify: Subtotal $ 10.200 Administrative Costs (In-kind) Staff Time $ 1,000 Travel/officex gnse Other: Town 's Leqal Counsel $ 1,500 Identify: Subtotal $ 2.500 { TOTAL PROJECT COSTS $ 492,7000 FUNDING SOURCES Local Match Municipal Funds _ $ 120,675 Landowner Donation $ In-Kind (from subtotal above)_ $ _-2,500 Other(foundation, federal, etc.) $ Identify: Subtotal � $ 123,175 % of total project costs 25% State Funding State Funding $ - 369,525 %of total project costs above 75% Form B 2004 Budget information For the Purchase of Development Rights Farm Name: Pipla Farm Town of Southold PROJECT COSTS Estimated Value of Development Rights $�� 465,000.00 (-$35,000/acre) Administrative Costs Title Insurance $ 2,350 Survey(s) $ 4.000 Appraisal $ 2.000 Outside Legal Fees $ - Recording Fees $ 250 Stewardship Fee($7,500 max.) $ - Other: Phase I-ESA $ 1,500 Identify: Other $ Identify: Subtotal $ 10.100 Administrative Costs (In-kind) Staff Time $ 1,000 Travel/office expense Other: Town 's Legal Counsel $ 1,500 Identify: Subtotal $ 2,500 TOTAL. PROJECT COSTS $ 467,600 FUNDING SOURCES Local Match Municipal Funds $ 114,400 Landowner Donation $ In-Kind (from subtotal above) $ 2,500 Other(foundation, - federal,etc.) $ Identify: Subtotal $ 116,900 % of total project costs 25% State Funding State Funding $ 350,700 % of total project costs above 75% Form B 2004 Budget Information For the Purchase of Development Rights Farm Name: Harbes Farm Town of Southold PROJECT COSTS Estimated Value of Development Rights IL 1,024,000.00 (= $32,000/acre) Administrative Costs Title Insurance $ 4.600 Survey(s) $ 4.500 Appraisal $ 2,200 Outside Legal Fees $ - Recording Fees $ 250 Stewardship Fee ($7,500 max.) $ - Other: Phase I- ESA $ 1.500 Identify: Other $ Identify: Subtotal Is 13,050 j Administrative Costs (In-kind) Staff Time $ 1,000 Travel/n,ffice aveSe Othe wn's Legal Counsel m $ 1,500 Identify: Subttal $ 2.500 TOTAL PROJECT COSTS 1,039,550 FUNDING SOURCES Local Match Municipal Funds $ 257,388 Landowner Donation $ In-Kind (from subtotal above) $ 2,500 Other (foundation, federal, etc.) $ Identify: Subtotal $ 259,888 % of total project costs 25% State Funding State Funding Fs779,663 %of total project costs above 75% Form B 2004 Budget Information For the Purchase of Development Rights Farm Name: Wesnofske Farm Town of Southold PROJECT COSTS Estimated Value of Development Rights [:$:::::2=24,0W00 '(= $32,000/acre) Administrative Costs Title Insurance $ 1.350 Survey(s) $ 4,000 Appraisal $ 2,000 Outside Legal Fees $ - Recording Fees $ 250 Stewardship Fee($7,500 max.) $ - Other: Phase I -ESA $ 1,500 Identify: Other $ Identify: Subtotal $ 9,100 Administrative Costs (in-kind) Staff Time $ 11000 Travel/office expense r Other: Town's Legal Counsel $ 1,500 Identify: otal $ ° 2,500 TOTAL PROJECT COSTS $ 235,90 FUNDING SOURCES Local Match Municipal Funds $ 56,400 Landowner Donation $ In-Kind (from subtotal above) $ _ 2,500 Other(foundation,federal, etc.) $ Identify: Subtotal $ 58.900 % of total project costs 25% State Funding State Funding $ 176,700 /° /°of total project costs above 75 ° ° Form B 2004 Budget Information For the Purchase of Development Rights Farm Name: Marco Farm Town of Southold PROJECT COSTS Estimated Value of Development Rights $ 3,500,000..00 (_$35,000/acre) Administrative Costs Title Insurance $ 13.700 Survey(s) $ 6,000 Appraisal $ 4.300 Outside Legal Fees $ - Recording Fees $ 250 Stewardship Fee($7,500 max.) $ - Other: Phase I - ESA $ 2.000 Identify: r Identify: Subtotal $ 26.250 Administrative Costs (in-kind) Staff Time $ 1.000 Travel/office expense Other: Town 's Legal Counsel' eg ! $ 1,500 Identify: Subtotal $ 2.500 TOTAL PROJECT COSTS $ 3,528,750 FUNDING SOURCES Local Match Municipal Funds $ 879,688 Landowner Donation $ In-Kind (from subtotal above) $ 2,500 Other(foundation,tion, federal, etc.) $ Identify: Subtotal $ 882,188 % of total project costs 25% State Funding State Funding $ 2,646.563 % of total project costs above 75% 4 Form B 2004 Budget Information For the Purchase of Development Rights Farm Name: Carroll Farm North aka Moffat Town of Southold P!30JECT COSTS Estimated Value of Development Rights $ 720,000.00 (= $32,000/acre) Administrative Costs Title Insurance $ 3.400 Survey(s) $ 4,500 Appraisal $ 2,200 Outside Legal Fees $ - Recording_Fees $ 250 ,- . x Stewardship Fee (s7,5o0 maxim.) $ - Other. Phase I - ESA $ 1,500 Identify: Other $ Identify: Subtotal � $ 11.850 Administrative Costs(in-kind) Staff Time $ 1,000 Travel/office expense Other Town's Leqal Counsel $ 1.500 Identify: Subtotal $ 2,500 TOTAL PROJECT COSTS $ 734,350 FUNDING SOURCES Local Match Municipal Funds $ 181,088 Landowner Donation $ In-Kind (fro � subtotal above) $ 2,500 .m�w . Other(foundation, federal, etc.) $ Identify: Subtotal $ 183.588 %of total project costs 25% State Funding State Funding $ 550.763 % of total project costs above 75%. x Form B 2004 Budget Information For the Purchase of Development Rights Farm Name: Carroll Farm South aka Moffat Town of Southold PROJECT COSTS Estimated Value of Development Rights $ —1 104,0w0oo $32,000/acre) Administrative Costs Title Insurance $ 4,900 Survey(s) $ 4.500 Appraisal $ 2.200 Outside Legal Fees $ - Recordinq Fees $ 250 Stewardship Fee($7,500 max.) $ - Other: Phase I- ESA $ 1,500 Identify: Other $ Identify: Subtotal $ 13.350 Administrative Costs (in-kind) Staff Time $ 1,000 Trav lroffice eflse........-Counsel $ 1,500 �, p Ot r Towns Legal Cou�ITm� 0 Identify: Srbtotal TOTAL PROJECT COSTS b 1,119,850 FUNDING SOURCES Local Match Municipal Funds $ 277,463 Landowner Donation $ subtotal above $ 2,500 In-Kind (from Other(foundation,federal,etc.) $ Identify: Subtotal $ 279.963 % of total project costs 25% State Funding State Funding $ 839.888 % of total project costs above 75% 5 Form B 2004 Budget Information For the Purchase of Development Rights Farm Name: Aliano Farm Town of Southold PROJECT COSTS Estimated Value of Development Rights04,000.00 (=$32,000/acre) Administrative Costs Title insurance $ 3.350 Surveys) $ 4,500 Appraisal $ 1,700 Outside Legal Fees $ Recordinq Fees $ 250 Stewardship Fee ($7,500 max) $ - Other: Phase I -ESA $ 1.500 Identify: Other $ Identify: Subtotal $ 11,300 Administrative Costs (in-kind) Staff Time $ 1,000 TraveUoffice expense Other. Towns Legal ' Counsel $ 1,500 Identify: Subtotal $w 2,500 TOTAL PROJECT COSTS $ : 717,800 FUNDING SOURCES Local Match Municipal Funds $ 176,950 Landowner Donation $ In-Kind (from subtotal above) $ 2.500 Other(foundation,federal,etc.) $ Identify: Subtotal $ 179.450 % of total project costs 25% State Funding State Funding $ 538.350 % of total project costs above 1- 75% Form B 2004 Budget information For the Purchase of Development Rights Farm Name: Macari Farm Town of Southold PROJECT COSTS Estimated Value of Development Rights $ 8o0,000�00 (=$32,000/acre) Administrative Costs Title Insurance $ 3,750 Survey(s) $ 4,000 Appraisal $ 2,300 Outside Legal Fees $ - Recording Fees $ 250 Stewardship Fee($7,500 mu) $ - OtherSA $ 1.500 Identify: ., Phase I_ ESA,__--_._ Other $ Identify: Subtotal $ 11.800 Administrative Costs (in-kind) Staff Time $ 1.000 TraveVoftice a ages Other: Town's Legal Counsel $ 1,500 Identify: , Subtotal $ 2,500 TOTAL PROJECT COSTS $ 814,300 FUNDING SOURCES Local Match Municipal Funds ) $ 201,075 W Landowner caner Donation $ m �.._..� V ' In-Kind (from subtotal above) $ 2,500 Other(foundation,federal, etc.) $ Identify: Subtotal $ 203,575 % of total project costs 25% State Funding State Funding $ 610,725 % of total project costs above 75%' Form B 2004 Budget Information For the Purchase of Development Rights Farm Name: Rowehl Farm Town of Southold PROJECT COSTS Estimated Value of Development Rights $ 976,0000.00 (=$32,000/acre x 24.25 acres $776,000+$200,000 per lot Administrative Costs fee,not computed by acre) Title Insurance $ 4.450 Survey(s) $ 4,500 Appraisal $ 3,100 Outside Legal Fees $ - Recording Fees $ 250 Stewardship Fee ($7,500 Max.) $ - Other: Phase I - ESA $ 1.500 Identify: Other _. � $ Identify: Subtotal $ 13.800 Administrative Costs (in-kind) Staff Time $ 1.000 ._. Travel/office a ense Other: Town 's legal Counsel $ 1,500 Identify: Subtotal $ 2,500 TOTAL PROJECT COSTS S 992,300 FUNDING SOURCES Local Match Municipal Funds $ 245,575 Landowner Donation $ In-Kind (from subtotal above) $ 2.500 Other (foundation, federal, etc.) $ Identify: Subtotal $ 248,075 %of total project costs 25% State Funding State Funding E$ E744,225 % of total project costs above 75%fl STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive,Albany, New York 12235 518-457-8876 Fax 518-457-3087 George E.Pataki www.agmkt.state.ny.us Nathan L.Rudgers Governor Commissioner March 18,2005 Mr.Joshua Y.Horton, Supervisor Town of Southold 53095 Main Road(Rte.25) P.O.Box 1179 Southold,New York 11971 Dear Mr.Horton: I am very pleased to inform you that the Department of Agriculture and Markets has awarded the Town of Southold the sum of$1,200,000 to assist the Town in its farmland preservation efforts. Based upon your FY2004/2005 Agricultural and Farmland Protection Implementation .Grants proposal, the Department has provided matching funds toward purchasing the development rights on any of the 13 farms described in your proposal. Before State funds can be provided for the purchase of easements or development rights on any of these farms, it will first be necessary to develop a contract between the Department and the Town. This contract must contain, at least, an agreed upon plan of work and budget. Project expenditures, which occur prior to the approval of the contract by the State Comptroller,might not be reimbursed. Therefore, we strongly advise that you not incur any expenses for which State reimbursement will be sought until the contract is approved. In order to facilitate the timely development of a contract, I am requesting that you identify the principal contact person with whom you would like us to work. Please provide this information to David Behm, the-Department's Farmland Protection Program Manager. He may be reached by phone at 518- 485-7729,by fax at 518-457-2716 or by e-mail at david.behm@agmkt.state.ny.us. The Department looks forward to working with you in preserving your valuable farmland resources for agricultural production purposes now and in the future. Sincerely, G NATHAN L.RUDGERS Commissioner of Agriculture and Markets of the State of New York cc: Melissa Spiro,Town of Southold Land Preservation Department Kenneth Schmitt,Chair,Suffolk County AFPB Part C—Proiect Details Items 1-7: See attached information for each parcel. The 13 projects included in this proposal are: Shalye Farm 84-2-2.1 15.0 acres $ 525,000.00 $ 538,100.00 Badenchun Farm . 95-1-5 24.0 acres �$ 768,000.00• $ 782,550.00 Shur Farm 94-3-1.6 15.0 acres $ 480,000.00 $ 492,600.00 N&J Management 113-13-1.2 15.0 acres $ 480,000.00 $ 492,700.00 COmUanY Farm _ - Pipia Farm 96-4-4.3 13.0 acres $ 455,000.00 $ 467,600.00 Harbes Farm 120-3-11.12 32.0 acres $1,024,000.00 $ 1,039,550.00 Wesnofske Farm W 69-4-8.1 7.0 acres $ 224.000.00 $ 235,600.00 Marco Farm 97-9-12; 100.0 acres $3,500,000.00 $ 3,528,750.00 97-9-10.4; 98-1-2.1; 98-1-1.3; 98-1-27.1 Carroll Farm 55-2-10.... 22.5 acres $ 720,000.00 $ 734,3 50.00 North(aka Moffat) _._.. Carroll Farm 55-3-6.1 34.5 acres $1,104,000.00 $ 1,119,850.00 South(aka Moffat) Aliano Farm 83-2-17.1 22.0 acres $ 704,000.00 - $ 717,800.00 Macau Farm84-4-1 & 25.0 acres $ 800,000.00 _. � ... $ 814,300-00 96-240 Rowehl Farm 94-4-2 & •29.25 acres $ 976,000.00 — $ 992,300.00 100-2-6.1 i11iNOW r Item 8: Evidence of Development Pressure The Town of Southold has been a farming community since it's founding over 350 years ago. The Town has seen many changes, most noticeably population increases and the encroachment of home building on prime farmland. The Town is located about 100 miles from the center of the New York Metropolitan area and is adjacent to the Long Island suburbs of New York City. The suburban population, nearing 3 million, has caused most of the farmland of western Suffolk County to be converted to non-agricultural uses. Development pressures have moved eastward in Suffolk County over the years due to the availability of land and the desire of urban and suburban residents to live in a more rural, scenic and safe community. The establishment in 1992 of the Pine Barrens Preserve in Brookhaven, Riverhead and Southampton towns resulted in development pressure leapfrogging to the east. The development pressures pose a threat to commercial farming because fanners are forced to compete with residential buyers for large lots. Approximately one-third of the Town, approximately 10,207 acres, is devoted to active agriculture use (Source: Town of Southold GIS, 2003). Over the last twenty years, public and private efforts to conserve agricultural land for the future have been successful in preserving over 2,900 acres of land. However, during that same twenty-year period, it is estimated that the Town lost as much acreage to development as was permanently protected. (Source: Southold Town Farm and Farmland Protection Strategy, 2000) Item 9: Landowner Commitment See attached information for each parcel. Item 10: Stewardship Responsibilities The Town of Southold holds the development rights, in a dedicated fashion and in perpetuity. This fact is reflected in the title retained by the underlying fee owner of the preserved agricultural lands. The management/monitoring of the terms of each easement is currently a task of the Land Preservation Committee (LPC) and the Land Preservation Coordinator. General monitoring of easements occurs on almost a daily basis due to the fact that the amount of land on which the development rights have been purchased is not overwhelming, the majority of the parcels are visible from the road and all LPC members live within the Town. The LPC maintains a file for each property on which the development rights have been sold. Included within the file is a survey for the specific site. The Land Preservation Department will conduct specific site monitoring on an annual basis. The site will be inspected as to its conformance to the terms of the easement. Items 11: Conservation Easement Document Due to a very high level of development pressure on farms in the region, the Town of Southold typically closes on development right purchases quickly and prior to asking the Department for actual payment. The Town of Southold has worked with the Dept. of Agriculture and Markets in the past, and the language of the conservation easements used by the Town has been approved by the Department. The Town is willing to use the Department's Standard Agricultural Conservation Easement whenever possible, and is willing to work with the Department in advance to discuss any issues or concerns that Department staff may have. Item 12: Planning Documents Southold Town has pursued a vigorous program of Agricultural Land Preservation. The Town has purchased the development rights on over 1400 acres of farmland. The Town Board first established a committee dedicated to land preservation in 1983. The Land Preservation Committee (LPC) is made up of 7 members, the majority of w4om are active farmers or have had extensive experience in land preservation efforts. The tasks and goals of the Committee in regard to agricultural land preservation are spelled out in Chapter 25: Agricultural Lands Preservation (Attachment A) and Chapter 6: Community Preservation Fund(Attachment B)of the Town Code. In January of 2000, the Town adopted a Farm and Farmland Protection Strategy. The report outlines a strategy for leveraging the Town's bond funds for the preservation of agricultural land through more pro-active partnering with other governmental agencies and private landowners. (Attachment C) The town has taken several steps to implement this Strategy, including appointing a Land Preservation Coordinator whose primary function is to facilitate the Town's land acquisition efforts and the partnerships needed to accelerate the acquisition of development rights easements and fee title purchases. Item 13: Farmland Protection Board See attached letter(Attachment D) from Suffolk County Agricultural and Farmland Protection Board. Item 14: Key Personnel The process of review, recommendation, negotiation and contract/closing, involves Melissa Spiro, Land Preservation Coordinator, Town's legal counsel, Reynold Blum,Chairman Land Preservation Committee,the volunteer members of the Land Preservation Committee and Melanie Doroski, Administrative Assistant. The contact for this application is Melissa Spiro, Land Preservation Coordinator. Part A—Applicant Information Applicant: Town of Southold, Suffolk County,New York Joshua Y.Horton, Southold Town Supervisor Southold Town Hall 53095 Main Road(Route 25) P.O.Box 1179 Southold,New York 11971-0959 Contact Person: Melissa Spiro,Southold Town Land Preservation Coordinator Department of Land Preservation Town Hall Annex 54375 Main Road(Route 25) P.O.Box 1179 Southold,New York 11971-0959 Telephone: (631)765-5711 Fax: (631)765-6640 E-mail: melissa.spiro@town.southold.ny.us Part C—Project Details for Shalvey Farm Landowner Information o Landowner's Name: T.Shalvey Sr.,D. Shalvey and F.Blados Jr. o Farm Name: None o Farm Address: 5200 Bridge Lane, Cutchogue Property Identification o Location: See attached Location Map for Subject Parcels(Map#1) o Tax Map#: 1000-84-2-2.1 o Driving directions. The farm is located on the east side of Bridge Lane,with some frontage on the north side of CR 48,in Cutchogue. The farm begins at the intersection of the northerly side of CR 48 and continues northeasterly along Bridge Lane. Farmland Easement Information o Total parcel area: 20 acres o Acres to be protected: 15 t acres o Acres available crop/livestock: 15f acres o Acres woodlands/wetlands: 0 acres woodlands/wetland o Acres Prime Soils! 19.25 acres o Acres Statewide Soils: 0.75 acres o Reserved building sites: Approximately 1-2 acre area including farmstead will be reserved from the development rights easement. Two— three residential lots (-1 acre each)may be designed within vicinity of existing house(southerly side of the property) Nature of Faros Enterprise The fan°n i 4eased fa�om landowners(2'�`�and, `4 generation potato farm families)by Briarcliff Sod and is planted n Sod. Farm Succession Farm contains Prime Soils and is flat and level allowing long straight rows.Farm is adjacent to active farms. The farm is supported by irrigation well,barn and farmhouse. Proximity to Protected Farms Refer to Location Map#1 and Aerial Map# 1 showing subject property. The farm is across the street from, and in the vicinity of, approximately 115 acres of Town or County owned development rights.The farm is in the vicinity of approximately 70 acres pending Town or County purchase of development rights. The farm is adjacent to active farms on which the Town is interested in pursuing the purchase of development rights. Natural Resource Buffer Parcel is located within Special Groundwater Protection Area(SGPA is a recharge watershed area within a designated sole source aquifer area. Southold has a designated SGPA of approximately 2,900 acres).Parcel is within the Town's main area of agriculture.Refer to attached Location Map#1 showing location of subject parcel in relation to other land in agricultural use.The farm parcel contains significant road frontage. Therefore, the farm is an important scenic resource. Landowner Commitment See attached signed application from landowner Part C--Project Details for Badenchini Farm Lapdowner Information o Landowner's Name: Luigi Badenchini o Farm Name: None o Farm Address: 6375 Oregon Road,Cutchogue Property Identification o Location: See attached Location Map for Subject Parcels(Map#1) o Tax Map#: 1000-95-1-5 o Driving directions: Farm is located on the north side of Oregon Road in Cutchogue. Going east on Oregon Road: 0.7 miles east of intersection with Elijah's Lane. Going west on Oregon Road: farm is just west intersection with Alvah's Lane and just west of yellow house identified as 6685 Oregon Road Farmland Easement Information o Total parcel area: 33 acres o Acres to be protected: 241 acres o Acres available crop/livestock: 24f acres o Acres woodlands/wetlands: 1.7 acres woodlands/wetland(not within easement) o Acres Prime Soils: 20.9 acres o Acres Statewide Soils: 10.4 acres o Reserved building sites: Landowner is applying to Planning Board for subdivision of the soundfront area into 34 residential lots,each approx. 1-2 acres in area, and for one building area on Oregon Road frontage. Development rights easement to be located on remaining 24 acres of Bland. Nature of Farm Enterprise �.. The farm is leased and is planted in Sod. Farm Succession Farm contains prime soils.Farm is supported by irrigation well.Farm is adjacent to protected farmland and is located within large area of other parcels in agricultural use. Proximity to Protected Farms Refer to Location Map#1 and Aerial Map#2 showing subject property. The farm is adjacent to 32 acres of land on which the Town owns the development rights.The farm is in the vicinity of approximately 120 acres of Town or County owned development rights. The farm is in the vicinity of approximately 24 acres pending Town or County purchase of development rights. The farm is adjacent to,and in the vicinity of, active farms on which the Town is interested in pursuing the purchase of development rights. Natural Resource Buffer Parcel is within the Town's main area of agriculture.Refer to attached Location Map# 1 showing location of subject parcel in relation to other land in agricultural use. Landowner Commitment See attached signed application from landowner Part C—Project Details for Shur Farm fi v Landowner Information o ' Landowner's Name: Randy Scott Shur and Angela Shur o Farm Name: None o Farm Address: 4050 Soundview Avenue,Mattituck Property Identification o Location: See attached Location Map for Subject Parcels (Map#1) o Tax Map#: 1000-94-3-1.6 o Driving directions: The farm is located at the end of Soundview Avenue in Mattituck.Driveway located to the right of mailbox#4050. Going west along Oregon Road: Follow Oregon Road to western most end;bear to the right(notice road name changes to East Mill Road); follow East Mill Road west to intersection of East Mill Road and Reeve Road; tum right(north)on Reeve Road for 0.7 mile;bear right onto Soundview Avenue to end of road. From CR 48: Turn north at traffic light at the intersection of CR 48 and Wickham Avenue in Mattituck.Bear left onto Grand Avenue,over bridge for a distance of 1.2 mile to intersection of East Mill Road and Reeve Road;continue north on Reeve Road for 0.7 mile;bear right onto Soundview Avenue to end of road. Farmland Easement Information o Total parcel area: 17 acres o Acres to be protected: 15± acres o Acres available crop/livestock: 15f acres o Acres woodlands/wetlands: 0 acres l o Acres Prime Soils: 15.3 acres o Acres Statewide Soils: 1.7 acres o Reserved building sites: Approximately 2 acre area around existing house will be reserved from development rights easement. Nature of Farm Enterprise Nursery. Landowner owns irrigation business also. Farm Succession Farm contains Prime Soils.Farm is adjacent to active agricultural parcels. Proximity to Protected Farms Refer to attached Location Map#1 and Aerial Map#3 showing subject property. The farm is in the vicinity of approximately 172 acres of Town or County owned development rights. The farm is adjacent to approximately 29 acres pending Town or County purchase of development rights. The farm is adjacent to, and in the vicinity of, active farms on which the Town is interested in pursuing the purchase of development rights. Natural Resource Buffer Parcel is within the Town's main area of agriculture. Refer to attached Location Map# 1 showing location of subject parcel in relation to other land in agricultural use. Landowner Commitment See attached signed application from landowner u Part C—Project Details for N&J Management Comnanv Farm 3 Landowner Information o' Landowner's Name: N&J Management Co./Norman Keil o Farm Name: None o Farm Address: 4735 Westphalia Road,Mattituck Property Identification o Location: See attached Location Map for Subject Parcels(Map#1) o Tag Map#: 1000-113-13-1.2 o Driving directions: Property is located on the southerly side of Westphalia Avenue in Mattituck. Landmark—small white house with mailbox Kiel #4735 at nursery farm. Going east: take Sound Avenue to beginning of 4-lane highway (CR 48)make first left onto Cox Neck Road for 0.3 mile.Take first right onto Westphalia Avenue for 0.2 mile.Nursery on right. Going west: CR 48 to blinking light at Westphalia intersection (prominent landmark Penny's Flooring Center on south.side). Turn right(north)onto Westphalia Avenue for 0.8 mule. Nursery on left. Farmland Easement Information o Total parcel area: 17.6 acres o Acres to be protected: 15-1 acres. o Acres available crop/livestock: 15t acres o Acres woodlands/wetlands: 0 acres o Acres Prime Soils: 5.7 acres o Acres Statewide Soils: 0 acres o Reserved building sites: Approximately 2 acre area including the existing residential dwelling will be reserved from the development rights easement. Nature of Farm Enterprise Nursery. Historically,the farm was a chicken farm and was then fallow for 30+years. The current owner reclaimed the land and expanded the existing family nursery business to include the subject parcel.The landowners are part of the second generation in the family business and a son has recently joined the operation. Farm Succession Fane area is partially made up of Prime Soils. Southern most border of property is adjacent to preserved land. Proximity to Protected Farms Refer to attached Location Map#1 and Aerial Map#4 showing subject property. The farm is adjacent to 37 acres of County owned/Town maintained recreational land.The farm is in the vicinity of 63 acres of Town or County owned development rights. The farm is in the vicinity of 9 acres pending Town purchase of development rights. Natural Resource Buffer The farm contains significant road frontage. Therefore, the farm is an important scenic resource.The farm has a common property line of approximately 840 feet with County owned/Town maintained recreational land. Landowner Commitment See attached signed application from landowner Part C—Project Details for Pipia Farm Landowner Information 1 o Landowner's Name: The Bidwell Family Limited Partnership Contract Vendee: Rose Pipia o Farm Name: Bidwell Vineyards o Farm Address: 18910 CR 48,Cutchogue Property Identification o Location: See attached Location Map for Subject Parcels(Map#1) o Tax Map#: 1000-9644.3 o Driving directions: The farm is Iocated on the south side of CR 48 in Cutchogue. Prominent landmark at farm—Bidwell Vineyards sign Going east:0.4 miles east of intersection of Alvah's Lane and CR 48. Going west: 0.1 mile west of intersection of Depot Lane and CR 48. Farmland Easement Information o Total parcel area: 15 acres o Acres to be protected: 13f acres o Acres available crop/livestock: 13f acres o Acres woodlands/wetlands: 0 acres woodlands/wetland o Acres Prime Soils: 15 acres o Acres Statewide Soils: 0 acres o Reserved building sites: Approximately 2 acre area including existing winery and existing structures will be reserved from the development rights l= easement. Naturae of Farm Enterprise Established vineyard and winery. Winery/vineyards are for sale.Pipia is the Contract Vendee.Pipia is Contract Vendee to purchase a second 18 acre vineyard owned by Bidwell also. Additional vineyard is located on the west side of Depot Lane. Farm Succession Farm-contains an established winery and vineyard.Farm contains Prime Soils.Farm is in close proximity to protected farms,and is adjacent to land protected via subdivision open space. Proximity to Protected Farms Refer to attached Location Map#1 and Aerial Map#5 showing subject property. The farm is in the vicinity of 268 acres of Town or County owned development rights. The farm is in the vicinity of 24 acres pending Town purchase of development rights. Natural Resource Buffer Parcel is located within Special Groundwater Protection Area(SGPA is a recharge watershed area within a designated sole source aquifer area. Southold has a designated SGPA of approximately 2,900 acres). Parcel is within the Town's main area of agriculture.Refer to attached Location Map# 1 showing location of subject parcel in relation to other land in agricultural use.The farm parcel contains significant road frontage.Therefore,the farm is an important scenic resource. Landowner Commitment See attached signed application from landowner t Part C—Project Details for Harbes Farm 'k '50, Landowner Information o Landowner's Name: Peter Harbes o Farm Name: David Rose Perennials o Farm Address: 5645 Aldrich Lane, Laurel Property Identification o Location: See attached Location Map for Subject Parcels(Map#1) o Tag Map#: 1000-120-3-11.12 o Driving directions: Farm is located on the west side of Aldrich Lane(Aldrich Lane is just east of Riverhead/Southold border. Going east or west on Sound Avenue: Turn south on Aldrich Lane for 0.7 mile.Dirt driveway at end of tree line on west side. Going east or west on State Route 25: turn north on Fraziklynville Road (Mattituck/Laurel Veterinary Hospital landmark for Franklynville)Follow Franklynville Rd less than 0.1 mile to Aldrich Lane.Follow Aldrich Lane north for 0.7 mile.Dirt driveway on left side at start of tree line. Farmland Easement Information o Total parcel area: 39 acres o Acres to be protected: 32±acres o Acres available crop/livestock: 28.7±acres o Acres woodlands/wetlands: 3.3 acres woodlands/wetland o Acres Prime Soils: 25 acres o Acres Statewide Soils: 10.7 acres o Reserved building sites: Approximately 7 acres will be reserved from development right easement for future residential subdivision. 7 acreXlocated on northeasterly side of property. Nature of Farm Enterprise Container Nursery. Landowner is P generation farmer. Peter Harbes diversified to container nursery and is currently constructing and planning for additional greenhouses. Farm Succession Parcel contains Prime Soils and is adjacent to other active farms. Refer to attached Location Map#1, showing location of all subject parcels.Harbes Family owns over 100 acres of farmland (30 of which are preserved farmland)in the vicinity of the subject parcel.Landowner is currently constructing and planning for additional greenhouses. Proximity to Protected Farms Refer to attached Location Map#1 and Aerial Map#6 showing subject property. The farm is in the vicinity of approximately 141 acres of Town,County or State owned development rights(30 acres preserved with partial State/Town partnership funding). Farm is adjacent to Riverhead Town line. Adjacent farm in Riverhead Town is an active agricultural nursery. Natural Resource Buffer Parcel is adjacent to other active agricultural parcels.Refer to attached Location Map#1 showing location of subject parcel in relation to other land in agricultural use. Landowner Commitment Landowner is currently before the County Farmland Program for the sale of development rights to the County.Landowner has verbally expressed interest in the Town's program. If State funding is awarded to the Town,it is anticipated that the Landowner will withdraw pending County application and will offer development rights to the Town. Part C—Project Details for Wesnofske Far Landowner Information {(/ o Landowner's Name: Wesnofske Farm. o Farm Name: Wesnofske Farm o Farm Address: 36450 CR 48,Peconic Property Identification o Location: See attached Location Map for Subject Parcels(Map#1) o Tax Map#: 1000-69-4-8.1 o Driving directions: Farm is located on the south side of CR 48 in Peconic.Prominent land mark at farm--Wesnofske's North Fork Farm Stand. Going east: 0.5 miles east of the intersection of Carroll Avenue and CR 48. Going west: 0.4 miles west of the intersection of Ackerly Pond Road(landmark for Ackerly is Doroski's Nursery on the south side). Farmland Easement Information o Total parcel area: 8.3 acres o Acres to be protected: 7f acres o Acres available crop/livestock: 7f acres o Acres woodlands/wetlands: 0 acres o Acres Prime Soils: 7 acres o Acres Statewide Soils: 0 acres o Reserved building sites: 1.3f acre area including existing dwelling, farm stand and barn will be reserved from the development rights easement. Nature of Farm Enterprise The principal crop on this farm has historically been traditional row crops. Fane is currently for sale. A Farm Succession Farm contains Prime Soils.Farm is in across the railroad tracks from a large block of active farmland the majority of which is preserved farmland.Farm is across the street from pending development rights easement to be funded partially by the State. Proximity to Protected Farms Refer to attached Location Map#1 and Aerial Map#7 showing subject property. The farm is across the railroad tracks from 2 blocks of farmland totaling of approximately 213 acres of Town and County owned development rights.The farm is across the street from 35 acres pending Town purchase of development rights with partial State funding. Natural Resource Buffer Parcel is located within Special Groundwater Protection Area(SGPA is a recharge watershed area within a designated sole source aquifer area.Southold has a designated SGPA of approximately 2,900 acres).Parcel is within the Town's main area of agriculture.Refer to attached Location Map# 1 showing location of subject parcel in relation to other land in agricultural use.The farm parcel contains significant road frontage. Therefore,the farm is an important scenic resource. Development Pressure Development pressures are especially high on this parcel due to the fact that the farm is for sale. Landowner Commitment See attached signed application from landowner Part C—Project Details for Marco Farm '41 Landowner Information •o Landowner's Name: Philip and Patricia Marco o Farm Name: None o Farm Address: 3375 &4170 Indian Neck Lane,3123 &3595 Skunk Lane and 1985 Leslie Road,Peconic Property Identification o Location: See attached Location Map for Subject Parcels(Map #1) o Tax Map#: 1000-97-9-12& 10.4 and 1000-98-1-1.3 &2.1 &27.1 o Driving directions: Fann block has frontage on Indian Neck Lane,Leslie's Road and Skunk Lane,in Peconic. Take Indian Neck Lane approx.0.8 miles to bend in the road;part of farm is located on the left just past the bend, and the rest of the farm is best observed by taking driveway(#4170)on the right side just past the bend. Farmland Easement Information o Total parcel area(includes 5 parcels): 149E acres o Acres to be protected: 100.± acres At feast tW o Reserved building sites: Landowner is currently working on design plan for the multiple properties. Plan is expected to meet the Town's Conservation Subdivision Regulations, which require preservation of a minimum of 75%of the property. It is expected that residential development will occur on the remaining 25%of the property within the areas that are not existing farmland. Nature of Farm Enterprise The Marco family owns approximately 10 adjacent parcels, 5 of which are larger farm parcels and are the subject parcels(5 smaller parcels are shown on aerial map with"*'). The Marco family started purchasing the individual properties over 20 years ago. The family owns and operates the farm that consists of various agricultural uses,including vineyard and nursery. Farm Succession The proposed preserved area consists of a majority of Prime Soils. Preservation of the Marco farm holdings will result in a farm block of approximately 100 contiguous acres. Proximity to Protected Farms Refer to attached Location Map # 1 and Aerial Map#8 showing subject property. The farms are across the street from approximately 105 acres of Town and County owned development rights. Natural Resource Buffer The farms are located within the watershed areas of Richmond Creek and Little Creek.The farm parcels contain significant road frontage. Therefore,the farms are an important scenic resource. One parcel is adjacent to Town Owned Open Space. Landowner Commitment See attached signed application from landowner Part C—Project Details for Carroll Farm North faLamofffttl 1 Landowner Information o Landowner's Name: John Carroll c/o Maureen Moffat-Wolfe o Farm Name: None o Farm Address: 47775 CR 48, Southold Property Identification o Location: See attached Location Map for Subject Parcels(Map#1 ) o Tax Map#: 1000-55-2-10 o Driving directions: Property is located on the north side of CR 48,Southold. It is slightly east of the intersection of Boisseau Ave.and CR 48. Farmland Easement Information o Total parcel area: 25.5 acres o Acres to be protected: 22.5E acres o Acres available crop/livestock: 22.5E acres o Acres woodlands/wetlands: 0 within easement area o Acres Prime Soils: 19:5 acres o Acres Statewide Soils: 3 acres o Reserved building sites: Approximately 3 acre area will not be included in development nights easement.This area includes the existing improvements. Nature of Farm Enterprise The farm is leased by Sep Farms. Sep Farms owns and farms approximately 50 acres and leases approximately 35 additional acres. The principal crop is,and has historically been,potatoes. Farm Succession Farm contains Prime Soils. Farm is level and contains irrigation well to support agricultural use. Farm is adjacent to preserved agricultural land and is across the street from active agricultural parcels. Proximity to Protected Farms Refer to attached Location Map#1 and Aerial Map#9 showing subject property. This farm is adjacent to 26 acres of Town owned development rights. One of the adjacent protected farms(19 acres)is across the street from 45 acres of Town owned Development Rights. Landowner owns 36.5 acre farmland parcel directly across the street that has an application for the purchase of the development rights by the Town. Natural Resource Buffer The farm parcel contains significant road frontage. Therefore,the farm is an important scenic resource. Landowner Commitment See attached signed application from landowner Part C--Project Details for Carroll Farm South faka Moffat) Landowner Information o Landowner's Name: John Carroll c/o Maureen Moffat-Wolfe o Farm Name: None o Farm Address: 50100 CR 48, Southold Property Identification o Location: See attached Location Map for Subject Parcels(Map#I ) o Tax Map#: 1000-55-3-6.1 o Driving directions: Property is located on the south side of CR 48, Southold. It is approximately 0.4 miles east of the intersection of Boisseau Ave. and CR 48. Farmland Easement Information o Total parcel area: 36.5 acres o Acres to be protected: Approximately 34.5 -36.5 acres. o Acres available crop/livestock: 26f acres o Acres woodlands: 14.7(includes some prime/state soils) o Acres wetlands: 8.9 acres o Acres Prime Soils: 14.5 acres o Acres Statewide Soils: 14.9 acres o Reserved building sites: Undecided. Landowner may reserve 2 acre lot on the Long Creek side of the property. Nature of Farm Enterprise The farm was historically]eased by Sep Farms. Sep Farms owns and farms approximately 50 acres and leases approximately 35 additional atires. Half the farm is planted in grain,the other half is fallow. Farm Succession Farm contains Prime Soils.Farm contains irrigation well to support agricultural use.Farm is across the street from active agricultural parcels. Proximity to Protected Farms Refer to attached Location Map#1 and Aerial Map#9 showing subject property. Landowner owns 25.5 acre farmland parcel directly across the street from one end of the farm,which has an application for purchase of the development rights by the Town. The 25.5 acre parcel is adjacent to 26 acres of Town owned Development Rights. One of the adjacent farms(19 acres)is across the street from 45 acres of Town owned Development Rights. The other end of the subject farm is across the street from 20 acres pending County development rights purchase and a 10 acre Agricultural Reserve area in an approved subdivision. Natural Resource Buffer Parcel is located within the watershed area for Long Creek, which is part of Hashamomuck Pond. Hashamomuck Pond is an important shellfish resource. The farm contains significant road frontage. Therefore,the farm is an important scenic resource. Landowner Commitment See attached signed application from landowner a Part C—Project Details for Aliano Farm G Landowner Information o Landowner's Name: Nicholas Aliano o Farm Name: None o Farm Address: 10475 Oregon Road,Cutchogue Properh,Identification o Location: See attached Location Map for Subject Parcels(Map#1) o Tax Map#: 1000-83-2-17.1 o Driving directions: Farm is located on the north side of Oregon Road. It is under 0.1 miles east of the intersection of Depot Lane and Oregon Road. In addition,it can be located from tap roads(Ihar Lane and Olivia Lane)off Duck Pond Road(Duck Pond is northerly extension of Deport Lane after Oregon Road intersection). Farmland Easement Information o Total parcel area: 28.7 acres o Acres to be protected: 22t acres o Acres available crop/livestock: 22f acres o Acres woodlands/wetlands: 0 acres woodlands/wetlands within easement o Acres Prime Soils: 28.7 acres o Acres Statewide Soils: 0 acres o Reserved building sites: Landowner is reserving approximately 4 acres at northerly side of property for future residential development. In addition, approximately 2 acres will be reserved Tbund the existing dwelling on Oregon Road. Nature of Farm Enterprise The principal crop on this farm has historically been traditional row crop and potatoes with rotation/rest as needed. Farm Succession The property is adjacent to active agricultural uses. The property is located within a block of land on which the development rights have been purchased,or are pending purchase. Proximity to Protected Farms Refer to attached Location Map#1 and Aerial Map#2 showing subject property. The farm is in the vicinity of 47 acres of County owned development rights and approximately 104 acres pending sale of development rights to Town and County. Natural Resource Buffer Parcel is within the Town's main area of agriculture. Refer to attached Location Map#1 showing location of subject parcel in relation to other land in agricultural use. Landowner Commitment See attached signed application from landowner u Part C—Project Details for Macari Farm Landowner Information o Landowner's Name: Joseph Macari o Farm Name: None o Farm Address: 22600 CR 48 and 4735 Cox Lane Pronerty Identification. o Location: See attached Location Map for Subject Parcels(Map#1) o Tax Map#: 1000-84-4-1 & 1000-96-2-10 o Driving directions: The farm is located on the south side of CR 48, and the west side of Cox's Lane, in Cutchogue. It surrounds a small out parcel on the comer of CR 48 and Cox's Lane. Farmland Easement Information o Total parcel area: 33 acres(total area of the two parcels) Tax parcel 84-4-1 is approx. 6 acres,tax parcel 96-2-10 is approx.27 acres, o Acres to be protected: 254: acres o Acres available crop/livestock: 25f acres o Acres woodlands/wetlands: 0 acres woodlands/wetland o Acres Prime Soils: 33 acres o Acres Statewide Soils: 0 acres o Reserved building sites: Approximately 8 acres to be reserved from development rights easement. Exact location undecided. Existing structures will be located within reserved areas. Nature of Farm Enterprise The principal crop on this farm has historically been traditional row crop.New owner is one of the largest farmland owners within Southold Town. Together with his son,he owns and operates over 500 acres of vineyard and owns and operates an established winery. Farm Succession Farm contains Prime Soils. The Farm is surrounded by active farms and in the vicinity of one of the largest blocks of protected farmland within Southold Town.The farm is supported by irrigation wells, barns and farmhouse. Proximity to Protected Farms Refer to attached Location Map#1 and Aerial Map# 10 showing subject property. The farm is adjacent to approximately 10 acres of Town owned development rights. It is across the railroad tracks from,and in the vicinity of over 280 acres of Town and County owned development rights. The farm is across the street from 46 acres pending Town purchase of development rights. Natural Resource Buffer Parcel is located within Special Groundwater Protection Area(SGPA is a recharge watershed area within a designated sole source aquifer area. Southold has a designated SGPA of approximately 2,900 acres).Parcel is within the Town's main area of agriculture.Refer to attached Location Map# 1 showing location of subject parcel in relation to other land in agricultural use.The farm parcel contains significant road frontage. Therefore,the farm is an important scenic resource. Landowner Commitment See attached signed application from landowner Part C—Project Details for Rowehl Farm Landowner Information o Landowner's Name: Robert Rowehl o Farm Nance: None o Farm Address: 2755 Oregon Road,Mattituck Property Identification o Location: See attached Location Map for Subject Parcels(Map#1) o Tax Map#: 1000-944-2& 1000-100-2-6.1 o Driving directions: The farm is located on the north side of Oregon Road in Mattituck,just west of the intersection of Elijah's Lane and Oregon Road. The number on the farmhouse mailbox is 2755. Farmland Easement Information o 'Total parcel area: 32.25 acres(total area of the two parcels) (Tax lot 94-4-2 is single and separate 5 acre lot, tax lot 100-2-6.1 is 27.25 acre parcel) o Acres to be protected: 29.25± acres o Acres available crop/livestock: 29.25± acres o Acres woodlands/wetlands: 0 acres woodlands/wetlands o Acres Prime Soils: 32.25 acres o Acres Statewide Soils: 0 acres o Reserved building sites: Approximately 3 acres of tax parcel 100-2-6.1 will be reserved from the development rights acquisition. �ture of Farm Enterprise obcrt Rowehl has been farming these parcels for over 25 years. In addition to his 25 acres,Mr. Rowehl farms over 125 additional acres in the vicinity of his farm.The farm is a traditional Long Island farm,producing mainly corn and grain. Farm Succession The farm is adjacent to,and in close proximity to protected farms. The farm contains Prime Soils and allows for long straight rows.The farm is located within large area of other parcels in agricultural use. The farm is supported by irrigation wells,support structures and a farmhouse. Proximity to Protected Farms Refer to attached Location Map#I and Aerial Map#3 showing subject property. The subject farm is adjacent to 11 acres of County owned development rights and across the street from 36 acres of Town owned development rights. The farm is in the vicinity of an additional 125 acres of Town and County owned development rights.The farm is in the vicinity of 15 acres pending Town purchase of development rights. Natural Resource Buffer Parcel is within the Town's main area of agriculture.Refer to attached Location Map# 1 showing location of subject parcel in relation to other land in agricultural use. Development Pressure Development pressure is especially high on tax lot 94-42 as it is single and separate 5 acre building lot. Landowner Commitment See attached signed application from landowner Y � p " , Air Suffolk County Agdcuthual and Fam&nd Proton Board ci o Conned;Cooperative Faced w-Sutuk Curvy 42304ffiag 1 v=;e,"Rhwh=4 NY 11901 " aNOW September 17,2004 e w ?vis Lucy Robmson,Director Division of fiscal Management S DepW=nt Of Agriculture sod l arkew 1 UAirline Drive Ally,New York 12235 D I11 W Rdbmoru- `h Saf`olk Cvunty 'ctrl F° Talamd Protection board has wntinuafly suprportetl S a folk County T in tbair applicaVonsto rormivr Pedorai and State f to s to help thew with the pmhase Of fanjjaj3d dev mlopmewrights. Suffolk County said its Towns have established an outstanding track record in tine pre ervatim of bmtland, i+r atb n s are an important sod nocegsarypart of continuing preservation cftc rts in the face of ex hely sUtng development press e. In 2002 that,were only 34,127 acm of farmland left in Std li County. This is down tyro 1,23,346 acres tet 1.�1% t tly Suffolk tw ouunty is losing 346 acres of lard each gear, t' It it for thou reasons ffiat the SuM&dounty,&dcWtural and Farmland Protection Board supports and etad rses Clue Toven of Southold'S'appliditrion for matching New York State Fonds for the purchase of farmland dev�iopweut rigbts. Sirp erely, _ eth Schmitt cup�rmad Ste lir County Agricultural and Parrolind Prote,:tion Board �I APPENDIX D GENERAL CONDITIONS FOR AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION AGREEMENTS New York State Department of Agriculture and Markets These general conditions apply to the administrative aspects of the Grant Agreement and reflect New York State's contract recordkeeping and payment procedures. These general conditions cannot be changed. PAYMENT Payment of state funds shall be made to the Contractor after approval of this Agreement by the State Comptroller, upon the submission of a payment request (Standard Voucher), an executed purchase agreement with the landowner, a budget report detailing the Contractor's match, two copies of an appraisal by a New York State Certified General Real Estate Appraiser, the required title policy, a copy of all subordination agreements, an approved easement or purchase of development rights, a monitoring plan, and any agreement between the Contractor and another to hold or maintain the interest in real property. The Contractor shall submit all requests for payment, reports and supporting documents to the following address: NYS Department of Agriculture and Markets, Division of Fiscal Management, 1013 Airline Drive, Albany, NY 12235. Invoices, standard vouchers and any reports will not be considered received by the Department and any interest which may be due the Contractor will not begin to accrue until they have been received by the Division of Fiscal Management. Payment to the Contractor under this Agreement shall not be made unless the Contractor shall have submitted to the Department a written payment request together with such information as required by the Agreement. Payment shall not be due until the sixtieth calendar day after receipt of the payment request, where contract funds have been appropriated and made available to the Department. Upon examination of the Contractor's payment request and supporting material, the Department may, in its sole discretion, modify or adjust the amount requested to reflect contract funds expended as of the date of the request. Subsequent to its review and approval of the payment request, the Department will transmit the request to the Comptroller for payment. Appendix D C800606 1 The total payment made under this Agreement will not exceed the Contractor's actual costs and expenses arising from the completion of the work under this Agreement, TITLE The Contractor shall ensure that the title to the lands or interests therein shall be unencumbered or, if encumbered by outstanding or reserved interests, the Contractor shall ensure that such encumbrance shall not interfere with the agricultural and farmland protection purpose for which the interest therein is being acquired. The Contractor shall provide a title policy and title insurance, at a minimum, for the State's share of the interest in real property being obtained. In the event of a failure of title, the Contractor will use the title insurance proceeds towards the purchase of an interest in another approved parcel contained in Appendix C or reimburse the Department for the amount of State funds paid. EASEMENT REQUIREMENTS The Contractor shall require that all easements or other interests in land acquired under this agreement: 1. run with the land in perpetuity; 2. prevent the land from being converted to non-agricultural uses; and 3. require that all amendments to the approved easement be authorized by the Department. ALIENATION OF DEVELOPMENT RIGHTS The Contractor shall notify the Department in writing if the Contractor proposes to alienate, in accordance with the procedure set forth in Chapter 25 of the Town Code of the Town of Southold, any of the development rights purchased under this Agreement. The Contractor shall reimburse to the Department any State funds used for the purchase of any development rights which are subsequently alienated and reunited with the underlying fee title. Appendix D 0800606 2 APPROVED AGREEMENTS AND MONITORING PLANS The Contractor shall submit the proposed agreements to purchase development rights or to obtain a conservation easement, the monitoring plan and any sub-agreement to hold or maintain the interest in real property at least sixty (60) days prior to the planned submission of the payment request for that transaction. The Contractor and the Department shall negotiate the terms and conditions of such agreements and monitoring plans, when necessary. The Department shall advise the Contractor in writing when the agreements and monitoring plans have been approved. No funds available under this Agreement shall be disbursed until the Contractor's agreements and monitoring plan have been approved by the Department. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS The Contractor is responsible for complying with all local, state and federal laws applicable to the work performed under this Agreement. PAYMENT CONTINGENCY Funds for payment under this Agreement are provided to the Department through appropriations from the New York State Legislature. These appropriations are made on a fiscal year basis. New York's fiscal year begins on April 1 of each calendar year and ends on March 31 of the following calendar year. Funds for payment under this Agreement were appropriated to the Department during the 2004-2005 fiscal year and were reappropriated during the 2005-2006 fiscal year. Payment for work under this Agreement which is completed by the Contractor after the 2005-2006 fiscal year is subject to appropriation or reappropriation of funds by the Legislature in each subsequent fiscal year. FINANCIAL LIMIT The financial limit of State appropriated funds under this Agreement is One Million Two Hundred Thousand Dollars ($1,200,000) and the Department shall not be obligated to make any payment to the Contractor in excess of that amount. Appendix D C800606 3 CONTRACT EXPENDITURES Expenditures under this Agreement shall conform to the budget annexed as Appendix B, provided however, that the Contractor may vary budget amounts by not more than fifteen percent (15%) within each speck budget category. Any budget variance in excess of fifteen percent (15%) shall be made only upon the prior written approval of the Department. This paragraph does not apply to budget amounts of one thousand dollars ($1,000.00) or less. NON-DUPLICATION OF PAYMENTS The payments received by the Contractor under this Agreement shall not duplicate payments received from any other source for the work performed under this Agreement. In the event of such duplication, the Contractor shall remit to the Department the amount which duplicated payment received from other sources. SUBCONTRACTS Any subcontracts under this Agreement shall be in writing and shall clearly describe the goods or services to be provided and the total cost of such goods or services. Subcontracts for services only shall separately state the rate of compensation on a per-hour or per-day basis. FINAL REPORT Not later than sixty (60) days from completion of the work under this Agreement, the Contractor shall file with the Department a final written report including: a map depicting the location of properties where interests were purchased; a copy of the recorded easement or purchase of development rights and any monitoring plans or agreements for another to hold or maintain the interest in real property; and a copy of the final budget showing project expenditures. RECORDS MAINTENANCE, EXAMINATION AND RETENTION The Contractor shall maintain records and accounts in specific detail to identify all contract funds received and expended under this Agreement. The Contractor shall maintain a daily written record which contains the name(s) of the officer(s) and employee(s) providing services under this Agreement and the amount of time expended upon such services. Appendix D C800606 4 The Contractor shall maintain the records required under this paragraph as set forth in Appendix A to this Agreement. INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the State of New York and the Department from all liability incurred by the Department for bodily injury and personal property damages resulting from the negligent acts, errors or omissions of the Contractor, its officers, agents or employees in the provision of services under this Agreement, provided that the Department promptly notifies the Contractor of any such claim and affords the Contractor an opportunity to defend such claim and cooperates fully with the Contractor in the defense of any claims. NON-SECTARIAN PURPOSE The Contractor shall not expend funds received under this Agreement for any purposes other than for performance of the work under this Agreement, and hereby represents that no contract funds shall be expended directly or indirectly for any private or sectarian purpose. CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT Neither the Contractor, nor its agents, employees, suppliers or subcontractors shall be in any way deemed to be employees or agents of the Department or of the State of New York in performing the work under this Agreement. DEVIATION FROM WORK The Contractor shall perform the work under this Agreement as set forth in the application attached as Appendix C. Any substantial deviation from the application shall require the prior written approval of the Department. TERMINATION The Department may terminate this Agreement for convenience upon giving thirty (30) days written notice to the other party. Upon receipt of such notice from the Department, the Contractor shall immediately cease work and Appendix D 6800606 5 prepare a statement of costs, expenses and non-cancelable commitments incurred as of the date of such termination. The Department may terminate this Agreement for cause upon giving one (1) day's written notice. The Contractor's failure to perform in accordance with the terms of this Agreement due to circumstances reasonably beyond the Contractor's control should not constitute cause for termination pursuant to this provision. In the event of such failure to perform, the Department may, at its option, either grant the Contractor a specified period in which to correct its performance, or terminate this Agreement in accordance with this paragraph. MODIFICATION This Agreement may not be modified unless such modification is made in writing, executed by the Department and the Contractor and approved by the Attorney General and Comptroller of the State of New York. NECESSARY SIGNATURES This Agreement shall not be binding and effective upon the Department unless and until approved by the Attorney General and the Comptroller of the State of New York. Appendix D C800606 6