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Home My WebLink AboutFPIG-C800591-E.Harbes;Sepenoski f e o r l ar REMITTANCE ADVICE for CHECK NO. 69473967 NOTICE: To_access remittance informiation an any arm of your i YS pa visit https-./Avwei.os"tatenyLtsipaY nr � r� i Tt ru€ No Voucher N� ninvoice Nome€ a int ount 0000 c z MKTs 518- 52080 1020 1 10080 _ X89€549.00 10128 C00591 122004 310,451.00 f 1) , 27 ell ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK - P.O.Box 1179 Southold,New York 11971 REGISTRAR.OF VITAL STATISTICS 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. 333 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 20,2004: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor ,Joshua Y. Horton to) execute ,New 'York State Department of Agriculture and Markets Contract C800591 in connection with Agricultural and Farmland Protection Implementation Grant in the amount of $1,000,000 for the term January 14, 2004 through March 31, 2006, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk AGREEMENT New York State Department of Agriculture and Markets Contract Number: C800591 I Winners Circle Albany, NY 12235-0001 Agency Code 06000 Amount of Agreement: $1,000,000 AGRICULTURAL AND FARMLAND PROTECTION Contract Period: 1/14/04 to 3/31/06 IMPLEMENTATION GRANT STATUTORY AUTHORITY: Agriculture and Markets,Law Municipal Code: 47 03 7900 0000 Article 25-AAA Contractor Name/Project Sponsor: Town of Southold Street: 53095 Route 25 City: South 5Id,1,,, late: NY Zip: 11971 Billing Address(if different from above): Street: City: Lmm. _ State: Zip: DEPT OF LAND Title/Description of Project: Town of Southold Agricultu Ik plementation Grant THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY: This Coversheet LJ 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 Con4itions) ❑ Revised Scope of Work ❑Appendix F—(Cooperatiive Agreement El Other wawa The Contractor and the Department agree to be bound by the terms and conditions contained in this reement CONTRACTOR NYS DEPARTMENT OF AGRICULTURE & MARKETS Signature of Contractor s Authorized Representative: .. Signature otthorized Official: { f 7 Date: Alril 21 , 200"('t_ Date�a Type "d or Printed Nai a of Above Official: Typed or Printed Name of Above Representative: �; �� _____Jq§hkiA Y Horton Ruth A. Moore i-irst ueputy Title of Authorized Representative: Title of Authorized Official Supervisor, Town of Southold 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 person who executed the above signature page will be attached to all other exact copies n str Ment and duly a A now 5dged the execution of the same. of this contract. W;r' ., N NOTA, LYNDACM�.BOH A rov t: P7,)n al r At orney General, No.01I O6020RS , Approw � r Ouallfied in Suffolk County By: Term Expires March 8,20 JUN 004 F(W(HE STATE (di(IIPTROLLER STANOARB CLAUSES FOR NYS CONTRACTS APPENOUI 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 1. 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 Department. Furthermore,Contractor and its subcontractors must pay at 2.NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of I least the prevailing wage rate and pay or provide the prevailing the State Finance Law, this contract may not be assigned by the supplements, including the premium rates for overtime pay, as Contractor or its right, title or interest therein assigned, transferred, determined by the State Labor Department in accordance with the Labor conveyed,sublet or otherwise disposed of without the previous consent, Law. in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, 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 warrants,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 warrants 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 or City University of New York, Section 355 or Section 6218 of the responsible person executed and delivered to the State a non-collusive Education Law), if this contract exceeds $15,000 (or the minimum bidding certification on Contractors behalf 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 Lads 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$10,000,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. Comptroller's 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 BENEFITSIn accordance with final determination of the United States Commerce Department or any . other appropriate agency of the United States subsequent to the Section 142 of the State Finance Law,this contract shall be void and of contract's execution, such contract, amendment or modification thereto co force and effect unless the Contractor shall provide and maintain 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 amounts due and owing to the State with regard to this contract, any creed, color, sex, national origin, sexual orientation, age, disability,against any employee or applicant for employment because race, other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract,plus genetic predisposition carrier status, or marital status. Furthermore, any amounts due and owing to the State for any other reason including, in accordance with Section 220-e of Lite 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 work or for the manufacture,sale or distribution of materials,equipment paccordance with normal State practices including, in cases set-off relative thereto. The State shall exercise its set-off rights in 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 not 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 thereof, 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) Records during normal business hours at an office of the Contractor discriminate against or intimidate any employee hired for the Page 1 May,2003 STANDARD CIAR$ES FOR NYS CONTRACTS APPENDIX A within the State of New York or, if no such office is available, at a employment, job assignment, promotion, upgradings, demotion,' mutually agreeable and 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 herein 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 i 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 opr,ortunity owhich 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 requirement of the provisions this information by the seller or lessor to the State is mandatory. The hereof duplicate or conflict with any such fed-;al;.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 Bpsiness 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 Accouating System by the Director of Accounting Operations, Office of the State Comptroller, 14.GOVERNING LAW. This contract shall be governed by the laws AESOB,Albany,New York 12236. of the State of New York except where the Federal supremacy clause requires otherwise. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the 15.LATE PAYMENT. Timeliness of payment and any interest to be Executive Law,if this contract is: (i) a written agreement or purchase paid to Contractor for late payment shall be governed by Article 11-A of order instrument, providing for a total expenditure in excess of the State Finance Law to the extent required by law. $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 breach or alleged breach thereof, may not be submitted to binding materials or any combination of the foregoing, to be performed for, or arbitration (except where statutorily authorized), but must, instead, be rendered or fumished to the contracting agency; or (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, e t upon Contractor's actual receipt of process or upon the State's receipt of construction,demolition,replacement,major repair or renovation of real the return thereof the United States Postal Service to 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. sex, age, disability or marital status, and will undertake or continue Contractor will have thirty(30)calendar days after service hereunder is existing programs of affirmative action to ensure that minority group complete in which to respond. members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, Page 2 May,2003 RANDAAD CLAUSES FID NYS CQUTAM APPENNIA A 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 AND 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 t.nable 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 thelime 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--7th 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 May,2003 Proposed Project Budget Farm Name: Not Yet Determined Municipality: Town of Southold PROJECT COSTS Estimated Value of Conservation Easement $ 1 333,333.00 Total Project Costs $ 1,333,333 FUNDING SOURCES Local Match Funding Municipal Funds $ 333,333 Landowner Donation In-Kind foundation,_ dation, federal, etc.) $ - Identify: Other Subtotal $ 333,333 % of total project costs 25% State Funding State Funding $ 1,000,000 % of total project costs above 75% 1 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS George E.Patald Nathan L.Rudgers Governor Commissioner January 14,2004, Mr.Joshua Y. Horton, Supervisor Town of Southold 53095 Route 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$1,000,000 to assist the Town in its farmland preservation efforts. Based upon your FY2003/2004 Agricultural and Farmland Protection Implementation Grants proposal, the Department has provided matching funds toward purchasing the development rights on any of the parcels for which you applied. Before State funds can be provided for the purchase of easements or development rights on any of these farm parcels, 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 Ken Grudens,the Department's Farmland Protection Program Manager. He may be reached by phone at 518- 457-2713, by fax at 518-457-2716 or by e-mail at ken.grudens@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, Nbc 4---, NATHAN L.RUDGERS Commissioner of Agriculture and Markets of the State of New York cc: Melissa Spiro, Land Preservation Coordinator Kenneth Schmitt,Chair, Suffolk County AFPB 1 Winners Circle ♦Albany,New York 12235 ♦Phone:(518)457-8876 ♦ Fax:(518)457-3087 aj printed'on recycled paper Part A Applicant Information Applicant: Town of Southold, Suffolk County,New.York Joshua Y. Horton, Southold Town Supervisor 53095 Main Road Southold,New York 11971 Contact Person: Melissa Spiro,Southold Town Land Preservation Coordinator Department of Land Preservation 53095 Main Road Southold,New York 11971 Telephone: (631).765-5711. Fax: (631)765-1366 E-mail: Melissa.SpiroOtown.southold.ny.us. 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 Now 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 farmers.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. J'cwn of Southold GIS, 2003). Over.the last twenty years,.public.and,private efibrts to conserve agricultural land for the future have been successful in p.eserving over 2,800 acres of lard. 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. Item 11: Conservation Easement Document Due to a very high level of development pressure on farms in the region,the Town of Southold and Suffolk County typically close 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 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 whom 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,Reynold Blum, Chairman Land Preservation Committee, the volunteer members of the Land Preservation Committee, Gregory Yakaboski, Town Attorney and Lisa Kombrink, Legal Council. The contact for this application is Melissa Spiro, Land Preservation Coordinator. Part C—Project Details for Harbes Farm Landowner Information o Landowner's Name: Edward and Monica Harbes o Farm Name: Harbes Family Farm o Farm Address: 715 Sound Avenue,Mattituck Property Identification o Location: See attached Location Map for Subject Parcels (Map#1) o Tax Map #: 1000-112-1-7 o Driving directions: Farm is located on the north side:of Sound Avenue,just east of Riverhead/Southold border. Retail farmstand(Harbes Family Fan-n)is prominent landmark. Farmland Easement Information o Total parcel area: 42.5 acres o Acres to be protected: Approximately 32.5 o. Acres woodlands/wetlands: 0.5 acres woodlands/wetland • Acres Prime Soils: 40.5 acres • Acres Statewide Soils: 1.5 acres • Reserved building sites: Approximately 9.5 acres will be reserved from development right easement (2 acres located around existing dwelling, and approx. 7.5 acres located around existing greenhouse/retail area). Nature of Farm Enterprise Diverse farm, includes traditional row crop, corn and pumpkins,vineyard, greenhouses and retail area. Landowner has owned parcel since 1985. Family members own and farm several additional parcels in Southold and Riverhead Townships. Farm Succession Parcel is within the Town's main area of agriculture. Refer to attached Location Map.(Map#1), showing location of all subject parcels. Entire farm contains Prime Soils.Farm is adjacent to,and across street from active agricultural parcels. Farm is adjacent to significant farmland area recently protected by the.State. Proximity to Protected Farms, Refer to attached Location Map#1 and Aerial Map#. 1 showing subject property. The farm is adjacent to 100 acres of Town owned development rights and is.adjacent to 528 acres of land recently preserved by the State, 328 acres of which are farmland on which the State holds a conservation easement. Natural Resource Buffer Parcel is within the Town's main area of agriculture. Refer to attached Location Map (Map#1) showing location of subject parcel in relation to other land in agricultural use. Landowner Commitment See attached signed application from landowner 0 � �„� Town Hall, 63095 State Route 25 T " + O R P.O.Box 1179 Southold,New York 11971-0959 Telephone(631) 765-6711 FEB 3 2��3 Fax(631) 765-1366 FPT,OF tAtio � PR SERVATIOND +�IRIWE1' T OF LAND PRESERVATION, TOWN OF SOUTHOLD am the owner of the property described below and I would like to explore preservation of this land-under the Town's Land Preservation programs. Name of Owner(please print) Ea w a r 21� t.M. 0 o vi e A Names of other owners Mailing Address " Phone Number _ �7 j-to27 — Tax Map No. 1000 IIZ . - n1 ° Acreage red for preservation Property Location No hi k SlAt of soowd Avc Soo #-I wcs of' A I J L.;t L. L,a si r _ Briefly describe the property (e.g., open space, active farmland, wetland, etc.) and ideas you may have about preservation of your property. Ko it l' � + .8.3 r st. �v)a r+ ce�,lcoI►.p�rA,d� Isa u t at+� µt�• 0-iour Y �� Q4 o _. �'a r waw + ► 0.h wf!/ be jd � /� p'iNrty4rel 1 eq oN we.t e . �' .ty� p,,�e,ly You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. understand that this application does not commit me, or the Town of Southold, to the sale/purchase of the property or any portion of the rights thereto. Rather, it signifies an interest in serious dialog concerning the merit and method of possible preservation of my land. lv. date 2• /y• 0.3 Please return the completed form to Southold Town Land Preservation Department When you return this completed form, it would be helpful to include an existing survey/sketch and any other Part C—Project Details for Rowehl Farm Landowner Information o Landowner's Name: Robert Rowehl o Farm Name: None o. Farm Address: 2755 Oregon Road, Mattituck Property Identification o Location: See attached Location Map for Subject Parcels(Map#1) o Tax Map#: 1000-94-4-2& 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: Approximately 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. Nature of Farm Enterprise Robert Rowehl has been fanning 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#1 and Aerial Map#2 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 51 acres of Town and County owned development rights. In addition,the Town has a pending offer to purchase a development rights easement on 10 acres of adjacent property to the east. Natural Resource Buffer Parcel is within the Town's main area of agriculture. Refer to attached Location Map (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 94-4-2 as it is single and separate 5 acre building lot. Landowner Commitment See attached signed application from landowner SO f 01 Town Hall, 53095 State Route 25 1 R P.O.Box 1179 Southold,New York 11971-0959 ► Telephone (631) 765-5711 NOV 20 2002 Fax(631) 765-1366 DEFI,Of LAND PRESERVATION DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD I am the owner of the property described below and I would like to explore preservation of this land under the Town's Land Preservation programs. Name of Owner(pease print) rT- Names of other owners Mailing Address NT Ti T 0 C-k 1 Phone Number Tax Map No. 1000 10 p — 2. -- �. r Acreage offered for preservation Property Location � � C) r-e � M k1-T/r1/ Gk. / Y. 2- Briefly Briefly describe the property(e.g., open space, active farmland, wetland, etc.) and ideas you may have about preservation of your property. You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. I understand that this application does not commit me, or the Town of Southold, to the sale/purchase of the property or any portion of the rights thereto. Rather, it signifies an interest in serious dialog concerning the merit and ethod of possible preservation of my land. date -9j-2L -- Please return the completed form to Southold Town Land Preservation Department When you return this completed form, it would be helpful to include an existing survey/sketch and any other readily available information that describes your property. Part C—Project Details for'Carroll Farm Landowner Information o Landowner's Name: Dorset Farms Inc. (a.k.a. Peter Carroll) o Farm Name: None o Farm Address: 4 100 Oregon Road,Mattituck Property Identification o Location: See attached Location Map for Subject Parcels(Map#1) o Tax Map #: 1000-100-4-8 o Driving directions: Farm is located on the south side of Oregon Road, Mattituck. Going east: 0.3 miles east of intersection of Elijah's Lane and Oregon Road. Going west: 0.5 miles west of intersection Alvah's Lane and Oregon. Farmland Easement Information o Total parcel area: 33 acres o Acres to be protected: 31.5 acres o Acres woodlands/wetlands: 0 acres woodlands/wetlands.within easement o Acres Prime Soils: 29 acres o Acres Statewide Soils: 4 acres o Reserved building sites: Existing structures.on property will be located within 2 acre area which will not be included in development rights.easement. Nature of Farm Enterprise The Carroll family has owned and farmed this vineyard parcel for approximately 10 years. The Carrol's own and operate another 30 acre vineyard in Southold Town, on which 25 of the 30 acres have a development rights easement. Farm Succession The property is almost 100% established vineyard and is adjacent to, and across.the street from, active agricultural parcels. Proximity to Protected Farms Refer to attached Location Map# I and Aerial Map#2 showing subject property. Adjacent to over 36 acres of County owned development rights,which is adjacent to.20 additional acres of Town owned development rights. Across the street from over.50 acres of Town and County owned development rights. The farm is adjacent to, and in the vicinity of, other 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 (Map#1) showing location of subject parcel in relation to other land in agricultural use. 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). The farm parcel contains significant road frontage. Therefore,the farm is an important scenic resource. Landowner Commitment See attached signed application from landowner and the acceptance of offer for the purchase of the development rights. y MELISSA A. SPIR.O " Town Hall, 53095 State Route 25 LAND PRESERVATION COORDINATOR P.O.Box 1179 Southold,New York 11971-0969 Telephone(631)765-6711 Fax(631)766-1366 DEPARTMENT OF LAND PRESERVATION TOWN'OF SOUTHOLD 21 April 2003 Peter and Deborah Carroll ' �. 0 U Box 28 IT Peconic,NY 11958 JUN - 5 RE: Purchase of Development Rights SCTM# 1000-1004-8 DET,Of LAND WSEWATION Dear Mr. and Mrs. Carroll: On behalf of the Land Preservation Committee,I am pleased to outline the offer for the sale of Development Rights to the Town of Southold. The Committee thanks you for your interest and participation in the Town's preservation program. Details of the offer are as follows: • The offered price is W,000 per acre. • The total area of the property is approximately 33 acres. Your proposal includes approximately 31.5 acres on which the Town will buy the development rights and an approximately 1.5 acre reserve area that encompasses the existing buildings and driveway. This exact acreage will be shown on the final survey. • The preserved land will be for agricultural purposes only and on which no structures shall be built. • This offer is valid for thirty days from the date of this letter. The return of a copy of this letter with your acceptance-endorsement will allow me to work with the Town Attorney to prepare the contract.Once you have accepted the contract,I will schedule a Town Board public hearing.The purchase is subject to approval by the Town Board.The Town of Southold will order and pay for a survey of your property for purposes of the development rights acquisition.The survey will be subject to your approval,as well as that-of the Committee.In addition,the Town of Southold will order and pay for an environmental site assessment and a title report for the property. I will do all I can to keep you informed of the process.However,please feel free to call me with any questions that you may have. Sincerely, " Melissa Spiro Land Preservation Coordinator . p-.n. a offer , purchase� P _... .. Y property. .�-,� .�.. ecce t the abov r r to the 1 c to ent 1 �it on m [Date:* 51�3/03 Owners Part C—Project Details for Kauneckas Farm Landowner Information o Landowner's Name: Louise Kauneckas o Farm Name: None o Farm Address: 8500 Alvah's Lane, Cutchogue Property Identification o Location: See attached Location Map for Subject Parcels (Map#1) o Tax Map 1000-95-4-3.1 o Driving directions: The farm is located on the east side of Alvah's Lane in Cutchogue. It is 0.4 miles north of the intersection of CR48 and Alvah's Lane. It is 0.3 miles south of the intersection of Oregon Road and Alvah's.Lane. Farmland Easement Information o. Total parcel area: 26 acres o Acres to be protected: Approximately 25 acres. o. Acres woodlands/wetlands: 0 acres woodlands/wetland o Acres Prime Soils: 24.5 acres o. Acres Statewide Soils: 1.5 acres o Reserved building sites: Approximately I voce.area including farmstead will be reserved from the development rights easement. 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 Farm contains Prime Soils and is flat and level allowing long straight rows. Farm is surrounded by active farms. The farm is supported by irrigation wells,barns and farmhouse. Proximity to Protected Farms Refer to Location Map#1 and Aerial Map#2 showing subject property. The farm is adjacent to approximately 42 acres of County owned development rights, and is in the vicinity of approximately 28 additional acres of Town owned development rights. The farm is adjacent to.active farms on which the Town is interested in pursuing the purQh"e 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 The Map.(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 Town Hall,53095 State Route 25 P.O.Box 1179 Southold,New York 11971-0959 Telephone(631)765-6711 JUL 3 2nFax(631)765-1366 � � � DEPT.OF LAND Pitt lith T►DN .117MENT OF LAND PRESERVATION TOWN OF SOUTHOLD am the owner of the property described below and I would like to explore preservation of this land under the Town's Land Preservation programs. Name of Owner(please print) L o u s �4 U_,V E C-]GQ-c Names of other owners Mailing Address Phone Number Tax Map No. 1000 — Acreage offered for preservation Property Location --. Briefly describe the property(e.g., open space, active farmland, wetland, etc.)and ideas you may have about preservation of your property. You may talk with the Coordinator at 631-765-5719 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. understand that this application does not commit me, or the Town of Southold, to the sale/purchase of the property or any portion of the rights thereto. Rather, it signifies an interest in serious dialog concerning the merit and method of possible preservation of my land. Jq date Please return the completed form to Sotathold Town Land Preservation Departme-rit When you return this completed form,it would be helpful-to include an existing survey/sketch and any other readily available information that describes your property. Part C—Project Details for Aliano Farm Landowner Information o Landowner's Name: Nicholas Aliano o Farm Name: None o. Farm Address: 10475 Oregon Road, Cutchogue Property 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(Thar 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: 22 acres o Acres woodlands/wetlands: 0.acres woodlands/wetlandswithin 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 around the existing dwelling on Oregon Road. Nature of Farm Enterprise The principal crop on this farm hashistorically been traditional row cropand potatoes with rotation/rest as needed. Farm Succession The property is adjacent toactive agricultural uses. The property is located within a block of land on which the development rightshave been purchased, or aree pending purchase. Proximity to.Protected Farms Refer to attached Location Map#1 and Aerial Map #.3 showing subject property. The farm is adjacent to 27 acre parcel pending sale of Development Rights to the Town. In the vicinity of 47 acres of County owned development rights and approximately 55 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. (Map#1 ) showing location of subject parcel in relation to other land in agricultural use. Landowner Commitment See attached signed application from landowner, and acceptance of offer. UO/lu/dVU0 LJ.10 VOL rft"f 4L" ML.4W" MMM" LOIMIG X. rot A MELIMA A.SPMO Town H&U,83098 State Route 28 LAND PREbERVATION COORDINATOR P.O.Box,1179 Southold,New York 11071-0959 Telephone(681)786.8711 Fax(691)765-1598 DrPARTMENT OF LANA PRESERVATION TOWN OF SOUTHOLD February 21,2003 Nicholas Aliano Aliano Real Estate Corporate Offices 970 Route 25A Miller Place,NY 11764 RE: P=hase of Development Rights Easement SCTNI# 1000-83-2-17.1 Dear Mr,Aliano: On behalf of the Land Preservation Committee,I am pleased to confirm your verbal acceptance of the offer of$24,500.00 per acre for the sale of Development Rights Easement to the Town of Southold. The Committee thanks you for your interest and participation in the Town's preservation prograrn. no return of a copy of this letter with your acceptanco-cndorscment will allow me to work with the Town Attorney to prepare the centraet.Once you have signod the contract,I will schedule a Town Board public hearing.The purchase is subject to approval by the Town Board.Ilia Town of Southold will order and pay for a survey of your proparly for puxpr. es oi"'#w developukrAlt. rights acquisition.The survey will be subject to your approval, as well as that of the Committee.. In addition,the Town of Southold will order and pay for an mivirot ental site asscssma it and a. title report for the property. The total aures oryour property is approximately 28.7 acres.Your proposal is for the Town to purchase a development rights easement on approximately 22 acres. The Committee understands that the developmag rights acquisition is subject-to your ability to obtain Planning Board approval for the following: 1. A reserved area of approximately 2 acres including the existing dwelling and improvements on Oregon Road,or the creation(by Planning Bond approval)of a separate 2 acre lot including 1ha imdsdng dwelling and Mor tltO, A(Evements on Oregon Road; 2. The creation(by Planning Board approval)of two residential lots(eget,approximatoly 2 acres in eros)at the northerly side of the pwperty. /JiI0/2003 23:18 6317441414 ALIANO REAL ESTATE PAGE e3 3. The completion(by Plawing Board approval)of the lot line change(s)to reflect the deeds that were filed when the property to the north(SCTM#83-2-17.2)changed qwnership. In order for the subdivision component to be excluded tom the moratorium on subdivisions,the plan must meet the foilowing: • The portion of the property on which the rights am being sold must encompass at least 75% of the entire pamcl. Wetlands,stmems,crecks,ponds, slopes over 15%, underwater land,land enc ed by OMOWents or other restrictions prcycriting use of sudi land for constri wtion of buildings,or development ofland within the coastal erosion hazaxd area,am not to be included in the calculation of the 75%threshold. I will do all I can to keep you informed of the process.However,please feel free to call me with any queotions the you may have. Sincerely, MV fissa'Spire *1 Land Preservation Coordinator accept the above offer to purchase the Development Rights 041 my property, Date: Owner(s)—yu PV rpt jre 0-.e,,-eAr7"– A1c,*u�-,vW-9 gvj'"OV S eee T/-J Part C—Project Details for McBride Farm ' Landowner Information o Landowner's Name: Richard McBride o Farm Name: McBride.Farm o Farm Address: 10725 Oregon Road, Cutchogue Property Identification o Location: See attached Location Map for.Subject Parcels (Map#1) o Tax Map#: 1000-83-2-16 o Driving directions: The farm is located on the north side.of Oregon Road,Cutchogue. Going east: 0.1 miles east of intersection of Depot Lane and Oregon Road. Going west: 0.4 miles west of intersection of Cox Lane and Oregon Road. Farm vehiclesand sign for McBride Farm are landmarks. Farmland Easement Information o Total parcel area: 30.8 acres o Acres to be protected: Approximately 27 acres. o Acres.woodlands/wetlands: 0.acres woodlands/wetland o Acres Prime.Soils: 25.4 acres. o. Acres.Statewide Soils: 1.6 acres. o Reserved building sites: Approximately 3 acre area including farmstead will be reserved from the development rights easement.. Nature of Farm Enterprise The principal crop on farm is.potatoes. The.McBride family is a multi-generational farm family, leasing several hundred acres of additional farmland. 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 aree pending purchase. The farm is supported by irrigation wells,barns and farmhouse: Proximity to.Protected Farms. Refer to attached Location Map#1 and Aerial Map#3 showing subject property. The farm is adjacent to 22 acree parcel pending sale of Development Rights to the Town. Adjacent to. 37.5 acres of County owned development rights. In the vicinity of 10 additional acres of County owned development rights and approximately 55 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(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 Manzi Farm Landowner Information o Landowner's Name: R. Arnone& Others, Trustees Manzi Trust o Farm Name: None o Farm Address: 13945 Oregon Road, Cutchogue Property Identification o Location: See attached Location Map for Subject Parcels (Map#1) o Tax Map#: 1000-83-2-9.1 o. Driving directions: The farm is located on the north gide of Oregon Road, Cutchogue. Going east: 0.3 miles east of intersection of Cox Lane and Oregon Road. Going west: 0.2 miles west of intersection of Bridge Lane and Oregon Road. Farmland Easement Information o Total parcel area: 25 acres. o Acres to be protected: Approximately 17 acres. o Acres woodlands/wetlands: 0 acres woodlands/wetland within easement o Acres Prime Soils: 14.75 acres o. Acres Statewide Soils: 6.3 acres o Reserved building sites: Approximately 8 acres fronting on LI Sound, and a 25' r-o-w (located on east side of property).to sound front area,will be reserved from the development rights easement. The landowner is before the Planning Board to create 4 residential lots within the reserved area. Nature of Farm Enterprise The farm is currently planted in rye by the adjacent farm owner. Farm Succession Farm contains.Prime soils and is adjacent to, and across the street from,protected and active farmland. Proximity to Protected Farms Refer to attached Location Map.#1 and Aerial Map #3 showing subject property. The farm is adjacent to approximately 11 acres of County owned development rights, is in the vicinity of 37 additional acres of County owned development rights, and is across the street from a block of approximately 60 acres of Town and County owned development rights. The farm is in the vicinity of over 80 acres pending Town and County purchase of development rights. Natural Resource Buffer Parcel is within the Town's main area of agriculture. Refer to attached Location Map (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 OFF01 MELISSA A. SPIRO Town Hall, 53096 State Route 26 IAND PRESERVATION COORDINATOR P.O.Box 1179 Southold,New York 11971-0969 Telephone(631) 766-6711 Fax(631)765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD I am the owner of the property described below and I would like to'explore preservation of this land-sander the Town's Land Preservation programs. Name of Owner(pease Pant) "- Names of other owners Mailing Address Od Phone Number ^ Tax Map No. 1000 —�, Acreage offered for preservation � Property Location loe Briefly describe the property (e.g., open space, active armland, wetland, etc.) and ideas you may have about preservation of your property. � W You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. I understand that this application does not commit me, or the Town of Southold, to the sale/purchase of the property or any portion of the rights thereto. Rather, it signifies an interest in serious dialog concerning a merit and method of possible preservation of my land. date Z o Please return the completed form to Southold Town Land Preservation Department When you return this completed form, it would be helpful to include an existing survey/sketch and any other lL-1J-....Ak....-..--.-- -#.. Part C—Project Details for Macari Farm Landowner Information o Landowner's Name: Joseph Macari (contract vendee) o Farm Name: None o Farm Address: 22600 CR 48 and 4735 Cox Lane Property Identification o Location: See attached Location Map for Subject Parcels.(Map #1) o Tax Map#: 1000-84-4-1 & 1000-96-2-10 -- • 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: Approximately 25 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 reseryes 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#.4 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 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 train area of agriculture. Refer to attached Location Map (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 09/29/2003 14:57 6312040711 PECONIC LAND TRUST PAGE 01 September 24, 2003 Melissa Spiro Land preservation Coordinator Town of Southold 53095 Marin Road Southold, NY 11971 L. Re00 & s : Farmland Preservation Program (SCTM#1000-96-2 10 10 � 4-4-1) Dear Melissa: As you are aware, our family recently entered into a contract to purchase the above referenced farm parcels on Cox Lame in. Cutchogue (see attached map). We expect to close on the property sometime in October of this year. We would be interested in exploring Conservation options for the property and would request that the town put-both parcels on your list for consideration under the town's farmland preservation program (PDR). Please let me know if there is anything else you need from us with regard to this request. Thank you for your time and attention to this matter. Sincere l , loseph Macari Part C—Project Details for NYS Federation of Growers&Processors.Assoc. Inc. Landowner Information o Landowner's Name: NYS Federation of Growers &Processors Assoc. Inc. o Farm Name: None o Farm Address: 31800 CR 48, Peconic Property Identification o Location: See attached Location Map.for Subject Parcels (.Map#1) o Tax Map #: 1000-74.4-4.9 o Driving directions: Farm is located on the south side-of CR 48 in Peconic. It is across the street from the intersection of CR 4&and Henry's Lane. It is just west of North Fork Wood Design and the Amoco. Gas Station. Farmland Easement Information o Total parcel area: 4.6 acres o. Acres to.be protected: 4.6 acres. o Acres.woodlands/wetlands: 0 acres woodlands/wetland. o Acres Prime Soils: 4.6 acres o. Acres Statewide Soils: 0 acres. o Reserved building sites: None Nature of Farm Enterprise The.farm is currently fallow. The proposal is for the adjacent landowner to the west to.purchase the 4.6 acres, and to merge it with the adjacent 12.25 acre farm on which the,Town owns the development rights. The adjacent 12.25 acre farm is planted in potatoes. Farm Succession Farm contains prime soils. Farm is supported by irrigation well.Farm is adjacent to protected farmland. Proximity to Protected Farms Refer to Location Map#1 and Aerial Map# 5 showing subject property. The farm is.adjacent to 12.25 acres.of land on which the Town owns the development rights. The 4.6 acre subject parcel will be merged with the 12.25 acres. The farm is in the vicinity of approximately 72 additional acres of County owned 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 (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 it has an approved site plan for a nursery school and includes 2 lots (merged to I as condition of site plan approval)within an approved subdivision. Landowner Commitment See attached signed application from landowner and acceptance of offer for the purchase of the development rights. ..I YJG r1.1 L_4A 1yuMW HI'1 """MC I .7U" GO1 (GL 4447 1'. ,2L °°mm -� IVA ,•r., olu Ott Lana Sagtl1e71d Tarn Accou� tpg £°, QJdO>: FF011r 1>ri USSA A. SPIRO Town Hall.33QUt9 stere Route 28 ;AND PMERVA770 C-OORDINAWR P.O.Hu,:1170 Bauthold.Now York 11871.0980 Telephone(63 1) 765.11711 Fax(eel)765-1386 Augu,;t Z712ra3 1�FPARTM.MW OF LANs PRp8pR'VAT1014 TOWN OF SOT TTHOi TJ NYN Fe&ral;al I)fGrowers R Prooessors Assoc.kc Cto, Flunk Mkapl y P.O.-Box 2 ,TRmtmpnrt,N Y 1104" RU; NMI=of Nveldpmont Rights Ramnent and Fee Tide Ptttahusc ProptwW owned by I TYS Federation of Growtiv dr.Prodes4orx Asxoc.Inc, (>a.k.N.ch-t we'k Place) SCTM#d 000-744-0 Dear Mr.Murphy: Ott brhalf of dig LAM Pivsa:mbou Commlttoo,Y taus pl tsod to oullitae 0 ofi-4 for the sale of'die drvclopment rights to the'1'own of Southold and alae sale of tv rosuiotecl too titla iand to tl,e gadjacent landowner, The Committee thence you for your Interest aaaad ptarticlpadw ill etc Town's pre srrvotion Details of the offer are as follows; • 'lbs tota:urea of the property is approximately 4.6=us. • '1W"rows,With prartial handing fi0n)s private grant,has ofLued to purobase tho development rights easmaa tit lora total of 260,000(two hundrvil wid'sixly tbotimax1 dullats). Tho To%T.will fund SM2,000 of the daveloplticnt dots purchme,with Town funds,and Will 1iand 53 1,000 of the development rights purchase with Etm&from tho private grant. e it,is Vndwtood that at the some olosing We,after the deveJopmetlt ripgbts tray, "oar,.tho sdjaeent lan&w=wiU purchaac tlao rontim restdoted lana wry*om 3mttr client at e puTclose price of$62.000 (NIMYt t t,tliousami&llals).Thr4elbro,the ag8mgeta tratuaction wig total 327,000 alollaa ,as Vorbally 1WQC atcd by your clicnta. a This offir is valid for thirty days from tho date ofthis latter'. The rehtrn oft Copy of thix latter with your client's seceptance-endomm=t will allow me to wort;with r,ur attorney to pranam rte contract for the Tmn's purchase of the dc"lopmem nights moment.Oilcc you.-cliont hae si�aod the cot tlUL I w►ll sohcdule a Town Board pubba hearing.The development right ef.sen,ent purchuoa is subject to approval by.the Town Board, P1rena frol rim to Lutl Dae with any woVions that you my have. Sin °ely,, M� se 1 P 4 Land Reservation Coordinator ce;ri the nbovt offer to purataase ilu Development l )ts on my property, Date a _U 3 Part C—Project Details for Senenoski Farm Landowner Information o Landowner's.Name: John B. Sepenoski,Jr. o Farm Name: None. o Farm Address: 37025 CR 48,Peconic Property Identification o Location: See attached Location Map for Subject Parcels(Map.#1) o Tax Map#: 1000-69-1-6 o Driving directions: Farm is located on the north side of CR 48 in Peconic. Going east: 0.7 miles east of the intersection of Peconic Lane 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). The farm is on the north side of CR 48,landmark is. Wesnofskes.Farm Stand which is on the south side.of CR 48. Farmland Easement Information o Total parcel area: 39 acres o Acres to be.protected: Approximately 34 acres. o Acres.woodlands: Approximately 2.2 o Acres wetlands:. Approximately 1.39 o Acres Prime.Soils: Approximately 30 acres. o Acres Statewide.Soils: 4.6 acres. o Reserved building sites: 5.acre.area, with approx. 400' of Main Road frontage, around existing improvements will be reserved from development rights easement. Nature of Farm Enterprise. The principal crop on this,farm has historically been traditional row crops. Farm Succession Majority of farm contains Prime Soils. Farm is in vicinity of other parcels in agricultural use. Landowner's family owns.over.60 acres in the vicinity. Proximity.to Protected Farms Refer to attached Location Map.#1 and Aerial Map# 5 showing subject property. The farm is in the vicinity of over.50 acres of Town and County owned development rights to the east. 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 The farm contain significant road frontage. Therefore,the farm is an important scenic resource. Landowner Commitment See attached signed application from landowner MEIL SSA A. SPIRO Town Hall, 63096 State Route 25 CD 60 P.O.Box 1179 (r1 (� D " Southold,New York 11971-0959 C Lam+ VE. Telephone(631) 765-5711 " Fax(631)766-1366 SEP 24 2003 Ofd.OF LAND Dl pAnTMENT OF LAND PRESERVATION PRLfAf10N .j TOWN OF SOUTHOLD I am the owner of the property described below and I would like to explore preservation of this land under the Town's Land Preservation programs. n Nape of Owner(pleases pi,c) J d ►1 /� �� ,f��' �� Mailing Address Phone Number I/7 Tax Map No. 1000 -- (� -- Acreage offered-for p 1 preservation "'GL p 5- ?C Ar ' Property Location c>� Briefly describe the property (e.g., open space, active farmland, wetland, etc.) and ideas.you may have about preservati n of our pro)erty. w « fooeg µNY[v ,4 "' l You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. I understand that this application does not commit me, or the Town of Southold, to the . sale/purchase of the property or any portion of the rights thereto. Rather, it signifies an interest in serious dialog concerning the merit nd method of possible preservation of my land. date Please return the completed�ornn to Southold Town Land Preservation Department When you return this completed form, it would be helpful to include an existing survey/sketch and any other ` ^i!ii _ .res glry .. '7�d� •j4:, u,ydt 01, i y W�(.,; o v. .. ,1`f Part C—Project Details for Simon Farm Landowner Information o Landowner's.Name: Charles Simon Estate c/o John Simon o Farm Name: None o Farm Address: 2350 Wells Road,Peconic Property Identification o Location: See attached Location Map for Subject Parcels (Map#1) o Tax Map.#: 1000-86-1-10.9 N o Driving directions: Property is located on the southwest corner of Main Road (Route 25)and Wells Road in Peconic. Farmland Easement Information o Total parcel area: 32 acres o Acres to be.protected: Approximately 27 acres. o Acres woodlands/wetlands: 0 acres. o Acres Prime.Soils: 32 acres o Acres.Statewide.Soils: 0 acres o Reserved building sites: Approximately 2 acre area at southerly end of property and 3 acre area on western most side.of Main Road side,will be reserved from the development rights easement. Nature of Farm Enterprise. The entiree farm is leased by Briarcliff Sod and is planted in Sod. Farm Succession Entire farm contains Prime.Soils. Farm is.level and contains irrigation well to.support agricultural use. Farm is adjacent to, and across street from active agricultural parcels. Proximity.to Protected Farms Refer to attached Location Map#1 and Aerial Map#6 showing subject property. Adjacent to.37 acres of Town owned'Development Rights and directly across street from 25 acres of Town owned Development rights which, in turn is part of larger block of preserved land. Natural Resource.Buffer Parcel is.located within the watershed area for Richmond Creek. The farm contains.significant road frontage. Therefore, the farm isan important scenic resource. Landowner.Commitment See attached signed application from landowner Part C—Project Details for Moffat Farm(North). 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: Approximately 22.5 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 rights easement. Thisarea includes the existing improvements. Nature of Farm Enterprise. The farm is leased by Sep.Farms. Sep Farms owns and farms approximately 50 acresand 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 acrossthe street from active agricultural parcels. Proximity to Protected Farms Refer to attached Location Map#1.and Aerial Map#7 showing subject property. This farm is adjacent to 19 acres of Town owned Development Rights.and 7 acre parcel on which the Town is currently in the process of accepting a gift of a development rights.easement. The.adjacent 19 acre protected farm 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 FROM Moffat PHONE NO. : 415. 868 9818 ;'="j Sep. 04 2003 09:30PM P2 09/04/2003 15:02 631 *0 0711 PUMA, 61.Yvu us MELISSA A.8RM0 Tom X414 68093 ON09 Routa'W LAND PRESERYATMN COORD ATaa P.O.Bax 1179 8otftold,Now York 119'/1-0959 T3Iepbane(631)7854711 Pox(931)763-1866 DEPAATMWITµOF LAM'PnE8=VAn0 . TOWN OP BOtrMOLD I am tho owner of the property deswribed below and I would like to explore preservation of-this land underifis Town's Land Preservation programs, Name of Owner(owe p 1nQ Names of other owners Maitfnl�Address 10• �o , Phone Number a i/kY Tax Map No. 1.000–�S ,Z – /o �– sge offe,ed for press r O. d Property Location 17 – Briefly describe the property e.g..open space,active farmland,wetland,etc.)and Ideas you rr rrta have about les your peoto. A 4 �t —419-- Di acre 'L►R U You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee, undamiand that thle applicatlon does not commit me,or the Town of Southold,to the sale/purchase of the property or any portion of the rights thereto.Rather,It signifies an Interest In serious dialog concerning the meat and method of possible prsserve eon of my land, ., date l a 3 Please return the oomploted form to Southold Town Land Preservation Dep2riment When you return this completed farm,It wotad bo WPW to WUde an exieifng surveylsketoh and ahy other raegy available Wormation ftt d**0A1x*Y6ur property. Part C—Project Details for Moffat Farm(South) 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#1 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 In-formation o Total parcel area: 36.5 acres o Acres to be protected: Approximately 34.5 -36.5 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 is leased by Sep Farms. Sep Farms owns and farms approximately 50 acres and leases approximately 35 additional acres. The farm is planted in potatoes and rye. 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#7 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 19 acres of Town owned Development Rights and 7 acre parcel on which the Town is currently in the process of accepting a gift of a development rights easement. The adjacent 19 acre protected farm is across the street from 45 acres of Town owned Development Rights. The other.end of the 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 FROM Moffat PFK ME NO. 415 068 9818 Sep. 04 2003 09:30PIl P2 PLUAIL, LPM W` 09/04/2003 15,02 631 jn�6711 NMLIUA.SOPMO Town UA 58095 St4to Route 26 SA P.O.ECK 1179 LAND PRESERVATION COMMINATOR 80taold,HOW York 11971-w69 To4pboone(631)705.6711 FSx(631) DIPPARTMIM OF 1AND'P=9ZRVAU0N TOWN OP BOUTHOW I am the owner of the property d"arlbed bekww and I would Mw to explore PrO"WlOn Of-this landunder the ToWa Land PrWrYafloa..pmQn%M$- Name of Owner"m pK Names of other owners iAaltlng Address Plhone,Number �f i s6 V Tax Map No. 1.000 preservation Acreage oftred for 41-- Property Location Briefly describe the property(e.g-open space, active farmland,wetland,atc.)and Ideas you may have about prase on Your Property. 01 C Ire �Ijwg—qv— you may talk with the Coordinator at 631.765-6711 to dk*As que$60ns or to arrange to participate in any of the regular meetings of the Land Pressration COMMIU00. I understand that this appowtIon does not commit met,or the Tom of$outhold,to the sale/purchase of the property or any portion of the dobts thereto.Rather,it signifies an Interest In serious dialog concerning the merit and method of,poss!Wo ptesorva$Qo of my land. nc <;-: ,, date 10 0 a na;oe return the CVrW1oMd form to Southold Town Lane!Preservation Department When you return ft completed".it wot9d be helpful to Wudo an existing surveylsketch and any attier reedy avaUdbla kimrddlon that dosodW*your property. Part C—Project Details for Cassidy Farm Landowner Information o Landowner's Name: Marie Cassidy o Farm Name: None o Farm Address: 2055 Albertson Lane Property Identification o Location: See attached Location Map for Subject Parcels(Map#1) o Tax Map 1000-52-5-55 o Driving directions: Farm is located on the south side of Albertson Lane, Greenport. It is approximately 0.4 miles north of the intersection of Albertson Lane and Main Road(Route 25). It is approximately 0.4 miles south of the intersection of Albertson Lane acid CR 48. The farm is right at the significant bend in the road. Farmland Easement Information o. Total parcel area: 6.5 acres o. Acres to be protected:. Approximately 6.5 acres. o Acres woodlands: 1.3 acres (includes some prime/state soils) o Acres wetlands: 1.5 acres. o Acres Prime Soils: 5 acres o. Acres Statewide Soils: 0 acres o Reserved building sites: None Nature of Farm Enterprise The farm is leased to the.neighboring fanner and is planted in traditional row crops. Farm Succession Farm contains Prime Soils.Farm is.adjacent to, and across street from active agricultural parcels. Farm is adjacent to protected farmland and protected open space. Proximity to Protected Farms Refer to attached Location Map.#1 and Aerial Map#8 showing subject property. Adjacent to 35 acres of Town owned Development Rights and 23 acres of land owned by the Peconic Land Trust. The farm is,in the vicinity of other active farms.on which the Town is interested in pursuing the purchase of development rights. Natural Resource Buffer The parcel is within the watershed area for Hashamomuck Pond. Hashamomuck Pond is an important shellfish resource. Farm is adjacent to protected open space. Development Pressure Development pressures are especially high on this parcel due to the fact that it has an approved subdivision plan for 4 lots. Farm is.for sale. Landowner Commitment See attached signed application from landowner MELISSA A. SPE110 Town Hall, 63095 State Route 25 TORP.O.Box 1179 cm Southold,New York 11971-0969 Telephone(631) 765-5711 FEB 1 4 2003 Fax(631) 765-1366 PESRATREVo OE A.W ENT OF LAND PRESERVATION, TOWN OF SOUTHOLD I.am the owner of the property described below and I would like to explore preservation of this land under the Town's Land Preservation programs. Name of Owner(please print) _ co rs,, Names of other owners Mailing Address Phone Number 63, V7 7� f 7 7 Q� `7� 2a.6eLb Tax Map No. 1000 ----,�-2-- � w' Acreage offp�d for preservation , Property Location �" n ✓ Briefly describe the property (e.g., open space, active farmland, wetland, etc.) and ideas you may have about preservation of your property. You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. I understand.that this application does not commit me; or the Town of Southold, to the sale/purchase of the property or any portion of the rights thereto. Rather, it signifies an interest in serious dialog concern' g the merit and method of possible preservation of my land. date /3 ZO3 Please return the completed form to Southold Town Land Preservation Department When you return this completed form, it would be helpful to include an existing survey/sketch and any other -...,.Iii.. infnrmnHnn Oho+flocrrihPc vniir nronarty_ 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 60th calendar day after receipt of the payment request, where contract funds have been appropriated and made available to the Department. Upon examination of the Contractor's payment request and supporting material, the Department may, in its sole discretion, modify or adjust the amount requested to reflect contract funds expended as of the date of the request. Subsequent to its review and approval of the payment request, the Department will transmit the request to the Comptroller for payment. Appendix D 1 C800591 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 2 C800591 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 2003-2004 fiscal year. Payment for work under this Agreement which is completed by the Contractor after the 2003-2004 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 Dollars ($1,000,000) and the Department shall not be obligated to make any payment to the Contractor in excess of that amount. 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 Appendix D 3 C800591 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 c ontract f unds received and expended under this Agreement. T he Contractor shall maintain a daily written record which contains the name(s) of the officer(s) and employee(s) providing services under this Agreement and the amount of time expended upon such services. The Contractor shall maintain the records required under this paragraph as set forth in Appendix A to this Agreement. INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the State of New York and the Department from all liability incurred by the Department for bodily injury and personal property damages resulting from the negligent acts, errors or omissions of the Contractor, its officers, agents or employees in the provision of services under this Agreement, provided that the Department promptly notifies the Contractor of any such claim and affords the Contractor an opportunity to defend such claim and cooperates fully with the Contractor in the defense of any claims. Appendix D 4 C800591 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 pr�r 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 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 Appendix D 5 C800591 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 6 C800591