HomeMy WebLinkAboutFPIG-C800013-SidorJ&C;Lieb;Scott ' FFOJ
ELIZABETH A.NE'VII,LE Town Hall,53095 Main Road. I�
TOWN CLERK P.O.Box 1179
REGISTRAR OF VITAL STATISTICS Southold,,:New York 1;1971 0
MARRIAGE OFFICER Fax(631) 766-6145
RECORDS MANAGEMENT OFFICER Telephone (631)765 1$00:
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN"OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING-RESOLUTION NO.327 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON APRIL 26,2001:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Say ervisox Coa:h an to a: awcaa ca a sant a re :aaeaat iitla A uricxAlttwe mid Markets for
cotAract,number C 0001p ,'faawn of SoutholddAA�„.je ltural aaarl Paan axalaaaal iaaa�le�aaexatataola
Grant in the amount of$466,775 for the contract term of January 1.1,2000 through March.31,
2003 all in accordance with the Town Attorney.
,
Elizabeth A.Neville
Southold Town Clerk
J,
" New York State
Department.of Agriculture and Markets Contract Number: 0800013
Winners Circle
Albany,NY 12235-0.001
Agency.Code:06000
/�9 Amount of Agreement: $466`,775.
AGRICULTURAL AND FARMLAND PROTECTION
ImpUmENTATioN GRANT Contract Period: 1;111100 to 3131103
STATUTORY AUTHORITY:A966piture and Markets Law Municipal Code: 47 03 7900 0000
Article 25AAA
Contractor NamelProject Sponsor:T of Southold
;:; 11§ ; ,Rd,, PO City:Pouthold State:NSF zip- 11971
BUling
" dress:(if different from above)..
treat:
City: State: Zip:
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ti.O 'Description of P�pject:Town: of Southold Agricultural & Farmland Implementation Grant
THIS AGREEMENT INCLUDES THE FOLLOWING: u� FOR AMENDMENTS THAT APPLY:,
A endiic .V..-. _l:
This Coversh�eet � Additional Work Ir ^creas� errease�ire naounl�:
. pp A(Standard Clauses for all New York State Extension of Time
Contracts) From to Previous Amount: $
Appendix B(Project Budget) ❑ increase Amount Increaseldecrease
p endix'C tAward letters).&a portion of Applicant's proposal) ❑Decrease Amount New Total: $�
pendlx D(The Department's'General Conditions) E]Renewal: —Remaining
o Ap endix (Federal Conditions) E] Revised Budget
l ppendi F-Cooperative Agreement 73-2031-8-440 ❑Revised Scope of Work
❑Other
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..�. ..�._.__ -- � tIent;�agree to be bound b
The Contractor and the De a g: y the
terms and conditions contained in this,Agreement
CONTRACTOR NYS DEPARTMENT OF AGRICULTURE &
MARKETS
SiSignature of Contractor's Authorized �..�._ "
g --�orized Representative: Signata�r . fAuthorized Oft"�ciai.
�) A -CCI
ate: ;7 C Date:VS wre , m
Typed or Printed Name of A ov presentative, Typed or Printed Name caf Above Ofetl :C3rntlBi i Cui� Rol
Ruth A. Moore ' 2-0011
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teu�Com li.
Title of Authorized Represe-'�ttt�ve: � p a ;r.-; ,rm � I Title of Authorized Official
i`WTP,� 3A aMt'Ti�1t i_LL--
e Autiegw rron,„ �
_rM l t --_f_r V lIF10 m
of ry Public: On this day before me personally appeared State Agency Certification: In addition to the acceptance
T
,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
instrument and duly acknowledged t.h execution of I a same. of this contract.
y neral: � bio n2 ?� a1�G��
Attorney Gen � lr Office of the State _- �
�, ate Comptroller:
Os.1811fio in S .flaN WC,
0nimission Expires June ,
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BUDGET _ Town of Southold, Suffolk County
State. tunding can be used to purchase the development rights on any of
tha properties listed below:
L,R,Skhreihpx, rpgon Road, Cutchogue. SC`fM#095-01-004.32.+acres of sod-
s.:. Oed cost=$326,000,.
2; Lieb-Oregon,Road, Cutc ogue. SC 083-03-002. 12+acresOf. . wland.
Est`, atst.=$120dOO.
C._Sidor.:.. fiddle Road, N. ` .Cly. . # 107 10-603 &004..32+acres of
potatoe.s.
.and rye;: 'Ag-.District_Estimated.cost=$320,000.
4.G. CpnwAy.rdi.ddld Road, Southold. SCT'M#063-01-001.5. 8.5 acres of vegetables.
Estimate,cost $100,004:
5. &&eco ' Main Road; Cutebogue. SCTM# 102-02-023. 40+acres of rye and
pas, e,in,Ag.DWrict.Estimated cost=$450,000.
.R Ems,t& ors.Main Road, Southold. SCTM#056-01-011 &056-03-013.3. 54 acres
of lowland.E$ ` at cost=$550,000.
State Grant
Environmental Protection. Fund $ 28;704
Clean kir/Glean Water Bond Act $466,775
Local Match
Cash $140,160
In--Kind $ 25 000
Total. $660,639
w. p A NA'iWl.+w''I YduY'm'
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STATE OF NEW YORK
REPO-TMENTOFAGRICULTURE AND:MARKETS
George E P taki Nathan L Fludgers
Governor January 11, 2000 Commissioner
Jean W. Cochran, Supervisor
Town of Southold
Town Hall
0,095 Fain Road . .
P.O. PDX 1179
Southold, NY 1'1971
Dear,Supervisor Cochran,
I arn very pleased to inform you that the Department of Agriculture and Markets has
awarded the Town of Southold the sura of $4.95,479 to assist the Town in its farmland
preservation efforts: These fronds may be used to purchase development rights or conservation
lase rents,on any of the properties you submitted for consideration under your Agricultural and
Farmland Prote+ don Implementation Grants application.
Before th.e:$tate funds can be provided for the purchase of easements or development
rights.on any of the.approved properties, 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
p work and budget.: Project expenditures,,which occur prior to the approval of the contract by the
State Comptroller, aright not be reimbursed.. Therefore, we strongly advise that you not incur
any expenditures 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 RobertSomers,who heads our Agricultural Protection Unit. He may be.reached
by phone.at.518- 457,2713, by fax at 518-467-2716, or by mail.in care of the Qepartment's main.
offices located at 1 Wihners Circle, Albany, New York 12235-0001:
The Department looks forward to working with you in preserving your valuable farmland
resources for agrcdi
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JFAN 'COC Town Hail.;53o95 Main Road
SUPERVISOR co ;; P.O.Box 1179
w� Southold,.-New York 11971
Telephdnga(516)765-18.89
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OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD '
Proieect Title:..Purchase,,. Development.Rights of selected farmlands within the Town of
Southold;
AbLheamt Town of ogthold,"Sm l"olk County,Ny
By.Ji W. Cochran, Supervisor--Towil of Southold
Richard.C.Ryan, Chairman-Town of Southold Land Preservation Comm.
Address&TelN: Town:Hall; 53095 Main load
' PO Box 1179, S®uthold,NY 11971
Teel': (S 10,,765-1 89
Fax:(s16)765— 11123
Aranunt Beguesteds,Maximum available. Town funds Presently.available(via bonding)
ap OroxinWe 2 Million.
I)urationof Pro°ect• Commence August 31, 1999
End(approx.,)October 1,2000
chi
JEAN W.COCU AN Town Hall,53095 Main Road
CM
SUPERVISOR P.O.Box 1179
Southold,New York 11971
Fax(516)765-1823
Telephone(516):7654889
2
OFFICE OF THE.SUP)E+.RVISOR
TOWN OF SOUTHOLD
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Proiect Summary
The own of Southold proposes a cooperative effort tinder terms ofthe 1996 CIean
Water/ lean fir blond Act and the:1993 Environmental ProtectionFund for Atgricultin and
Farmland Protection Implementation Projects,to acquire the development rights to agriculf iral
properties. Said prop rties which have been sul Atted by their owners to the Lana Preservation
Committee(LPC)of the Town of Southold for sale of such-rights,to the Town.The common
characteristics ofthese properties and the;community in which they are situated are described
below The plan under which the Town proposes to uti lint its own,and other public funds,has
been reviewed and-approved by the Suffolk County Parniland Protection Board, as required.(see
A griculture in the Tn n of outl:old;The Town of Southold has leen a farming community
Y since its founding ovesr 350 yew ago. The ensuing years have seen many changes, most
noticeably population increases and the encroachment of home building, since the early,1950"s.
V The Town is located about 100 miles from the center of the New York metropolitan area and is
j adjacent to:the long 1 land suburbs of'New York City.This suburban population„nearing 3,.
Million,,has beers expanding eastward and has developed most ofthe farmlands of'western
j of blk County and;continued exp ibn into the eastern extremity as well. Agricultural products
are sh ppe to these populated areas f-om Southold Town, as-well as to other New England
locations.A significant amount of farm produce is retailed from farm stands to local residents
and towisp frequenting the Town.A large and thriving agricultural community e)ists.in the
Town, but its`„long-term viability remains threatened by pressures of land;development.
The Town comprises an area of.about 34,000 acres,tt'orn Peconic Day to Long Island.
Sound,,and_,contains over 10;200 acres of agricultural land: The Town is part:of Suffolk County
Agricultural,District No. 1,which encompasses about 5900 acres within town-boundaries. An
hili tructureI is in place in eastern Suffolk County, to support agricultural enterprises. Offices of
the Tamar bureau,Cornell Cooperative Extension, farm credit agencies and farm equipment and
supply dr eters are in closaprounity. Agricultural practices are ever evolving;with wine grapes,
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vegetables, M.as,sery acrd greenhouse stock;, and sod becoming production leaders.
Current statistics indicate the following:agricultural acreage and respective use, within
the Town of Southold..
- 1820 acres:vegetables and fruits
1743acres:vineyards
- 856acres: potatoes
1013 aeras: faClowlands
-
70 acres: natr cry and tees
6eZ acres: sed,
954 acres: hay, rye and other grains
lol acres:grennhou e uses
7,49 acnes-Total
Plan of Work
rWning Documaent::Reeognizing the inexorable encroachment ofdevelopment on farmland,.
and its attendant degradation to a rural character and sense of place, the"rown Board has pursued
i' a vigorous program of Agricultural 1:im&Preservation.Local Law first established the current
LPC in 1983. The tasks and goals ofthe committeeare spelled out in Chapter 25—Agricultural
Lands Preservation,of the Town Code(see Attachment W).Selection of candidate farmland
-,parcels for preservation is,performed in accordance with Chapter 25 and a set of criteria
established.by the LPG(see Attachment"B"). These factors,meet the qualifying thresholds of
Section 325 of the New York State Agriculture and Markets Law.Additionally,the Town Code
detaiIls.prolvbitions and restrictions on bse and/or alienation of thereby.-preserved agricultural
lands.
Prior Activity:In 1983,1987, 1991 and 1994,the Town of Southold voters approved bond
:issues, each for.$1.75 Million and again in 1990,.1997 and 1998,each for$2..Million',to acquire
farmland development.rights in.order to preserve important agricultural lands and the farthing
economy,as well as other open spaces within the Town. Thusly represented($13.1Wz lion)is the
serious and dedicated commitment of the community to its quality of life.
P�sesent Proiect: The commitment continues. The remaining available funds ofthe.above-noted
approved bond rel"er aduwaas(approximately$2.Mullion)will be applied to the costs of
purchaswing the'project parcels herein listed:
Furtherthe Town is working closely with third-party land trusts,,,in certain
instances, where other forms of easement and fee acquisition,enhance'the development rights
purchase. Additionally,the Town Board is joining in partnership with Suffolk County,to jointly
s care,acquisition Costs for certain projects deemed,worthy of preservation, These approaches
ellixtively"leverage" aaaore agricultural lands into preservation,,at less cost to all partners
(basically, the approach represented in this.application).
The ongoing program will be conducted much in the same manner as in the
past. As will be shown herein., farndanl-ovaries`applications are in hand,which exceed the level
of"town funding presently available, if'all were purchased, Additional applications are always
fiarthcorning. :lt is expected this pattern will contirwa.te and may, accelerate dependent upon-
econdinic influences, public awareness and funding. The LPC-is also commencing out-reach,
initiating a solicitation of owner-applications from selected priority areas of.importanf
agricultural landsin the Town.
Tiriert, ct�tb-let Purchase Ct att9d e;tooutioftt 4 ire a r s onsa Iiity o legal coup l to tl resp ave
parties.Evaluations and appraisal reviews are an initial task of the EPC, thereafter approved by
b} the Town Board and subject to a pUbiic hearing. Based on past experience,the ftanding
currently available(as supplemented by any b nt a std resulting,front this application),is
expected to be disbursed or contractually obligated by October,2000.
Deliverables
The Toot of Southold is ready to participate in this prograrn with the State of New York
Department of Agriculture and Markets. The Town enjoys a history of successful, committed
protection df its a riculuiral resources through-purchase of development rights.The above-
referenc6d project parcels attest to the fact there are willing farmland owners ready to,sell such
rights to tle Town. Some of these project.pardowners may,ialtnxtately choses not to sell,
however expedenc .las shown tl�at most purchses are acc6rriplisl14 wheu;pursuedwith
�nrr`terl efo�t. ieeral °tl develoent rights aa� nuwv wwritlwin ast:rngp of000. to
S.t,t1Q0..lt °acre,,,w ith the reportderanco tilted'tcrwvards file lw:igher endy of tie range,,red ectir g
tl e x owv "rrll .Bonar °ixtfluex ccs cf the develooneirt/avi .eltr� l laud market in the,Towne.
Hev Personnel
The process of review,recommendation,negotiation and contraetklosiM involves the Town
Board,the Town Attorney,and the members of the LPC, specif eally:.
Chairman:Richard C.Ryan, J,.S.;Licensed real estate broker,Real Estate Officer
(N14DOT/E"EC),retired,
Members: James Pim,P.E.; Suf`olk County Department of Health Services(water duality)
Noreen McKenna,Coup.Ed. Coord.—SoutIlaolpton College;farmer.
Ray Huntington,business adminishator,retired.
PredLee, member-Cornell Coop:Extension Agricultural Program Advisory
Committee;fanner.
Reed Jarvis, vineyard manager.
Joseph Krukoski, member-Suffolk County Farm Select Committee,farmer.
Bu,aig�t
Approximately.$2.Million remains available in Town bond.hinds, for application to the
acquisition costs associated�,w�ith.the above-reference project parcels. blorm overhead
expenses and ordinary soft costs,are anticipated as additions to the actual costs of development
rights purchase.
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Present S"tItus:
outstanding f}ll r a lira is res:All project par Is hcrei�� listed have
landowner applications for development rights'purchase, currently submitted to the LPC. These
applications represent appro irrrately 1.80 acres ofproductive farmland having estimated
development rights purchase-costs in,excess of$1.8. Million.
B. Work in Progress: The abo o-referenced ap li itions are in the process of
review,appraisal and evaluation.by the LPC. Pibrchase ollbrs,dor the development rights and,
fuither contract negofiations, are forthcoming.
C.BrlefOscriptign and Status of Project parcels(in priority order). Individual
d maps for each project are attache l(Atta hment"D"):
�'1;. , Sclrrr it rego t.9 ® e. SC # 95-01-004. 32+acres of sod.
E'srxratecl cost�$30,000' '
.UO).,Oregon:[load,Cutchogue. SCTAO 083-01002. 12+acres offallowl d.
'�` Omated cost $1,20,,000
t C.Sidor.Middle grad,Mattituck..SCTM# 1:07 10003 &004. 32+acres of
rotitoes arid.rye;in Ag.District.Estimated cost=$320,000.
9f t/I 4. G.Cooway.Middle Road, Southold. SCTM#063.-01-0.01.5. 8.5 acres of vegetables.
)Rstimated.cost=$100,000..
5.,1'.&S.Scott. ��rin Road, Cutclrogue. SC 102-02-023. 40+acres of-rye and
�pa tures in' g.District. Pstiniated cost =$450,
6V6.E.Ernst&ors.Dain Road,Southold. SCT-NO 056-01-011 &056-03-013.3. 54 acres
fallowland. Estimated*cost=$550;000.
C er applications before the LPC, are not here4isted for reasons of current priority and funding
nsid tior►s'.
Eagements:the Town of Southold holds the development rights, in a dedicated fashion and in
l wer aetnity. This fact is reflected in the title r 'n 'by the underlying fee owner of the preserved.
.grlcrult„ural lands. Any proposed alteration in the terms ofthe town-held easement requires a
public hearing, prior to adoption. The a nanagement/monitoring of the terms of each easement is
currently a task of the LPC.
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Suffolk County Agricultural and Farmland Protection Board
c/o Cornell Cooperative Extension - Suffolk County.
246 Gtlffing Avenue, Riverhead, NY 11 1-
August 2, 1999
rd
Marjorie Brague,Director
Divi "oil,of Fiscal,Mgna; +Hart
1 C t.L bf Agriculture aadVarkets
l "dtaacrs
Circle
e
A,, 4ity,New,York 12235
t
Dear Mus.Bwgue:
re�uffolk County Agricultural ajM;Fa%Mlan&d Pry tep +gin,4ogq jnpt on August 2, 1999 to
review the County proposal for ier the S€t 4-blk6unty Agriculture and
Forrtiland Protection Pro ii and to tcvjew praosalsfrorn 'l pumicipalities for State funds
� dr r
d
T he..Tow n of Southold's application was considered and`the Suffolk County Agricultural and
II ; Farmland Protection Board voted to endorse the Town's grant application,
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flSincerely,
Kenneth Schmitt
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Chairman
Suffolk County Agricultural and Farmland Protection Board
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APPENDIX D
GENERAL CONDITIONS FOR:
AGRICLDLTII L o►Nll FARM.i,AND PRQTEGTION`IMPLEMENTATION
AGREEMENTS
New York State Department of Agriculture and Markets
a
These general conditions apply to the administrative aspects of the
u Pra.nt greem.ent and reflecti!,-NeW.York State's.contract rocordkeepin ,and
da went procedures.,, Tlbe e e eiral onditions 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, 1 Winner's Circle, 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.
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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
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will transmit the request to the Comptroller for payment.
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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.
a .
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TITLE
The Contractor shall ensure that,the title to the lands or interests therein
shall be, unencurnbered or, if encumbered by outstanding or reserved interests,
like Contractor`shill enSUre'that'such enCumbrance shall not interfere,with the
ri ultgrau,l and. farm! nd protection purpose for which the interest, therein is,
Iein a quuired;. Tire ,ontratc► shall provirl a title p°olic and title insurance„ at
a minirxau k„ for thew'St te's share of the interest in real property being, obtained.
in the event, of a failure of, title; the Contra6tor, Will) use the title insurance
proceeds, to ads the purchase of an interest in another approved p l;cel
contained"lrr" ppendi� C orrein°b rse the Department for.the aniotant o`t St ate
furtpaid
:EASEMENT REQU. IREMENTS
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;
3. require that all amendments to the approved easement be authorized
by the Department.
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 subagreement to hold or maintain the interest in real property at least
sixty (6 ,) 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.
2
COMPLIANCE WITH LOCAL,* STATE AND FEDERAL LAWS
The Contractor is responsible for complying with -all local, state and
;federal laws appllcable to the wo:rk,performed under this Agreement_
;PAYMENT CONTINGENCY
Funds for payment under this Agreement are provided to the Department
!through, opproprisutions from. the N^ ew York; State Legislature.. These
'appr6prip00 res sre made on a sal yeas:;basis Me r York's fiscal year begins on.
iApr j 1 of°each,'calea r,iwlar year dn'd ends on March 31 "ofthe f liowin calendar
year. nhds for' 'paments wider thi's Agreement were appropriated to the.
�Departni'ent. uriog the 1-9,99-2-000 fis pt.year and reappropriated during the-
� �1 fi c i year: Payment for work pursuant to this; Agrpbnieqt,which is
!con feted or Cohlt need by the Contractor after the ggg 601 fispal year i
�subj ct to eppr api;iati n oc reapproprietion of funds by 'the Le islature in each
%ib egkjont%cavyear.
IFINANC.IAL LIMIT
The financiallimit 'of' State appropriated funds under. this Agreement is
Four. Hundred Sixty
—six Thousand Seven Hundred Seventy-five Dollars
($466,775) and the Department shall not be obligated to make any payment to
ithe 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
sources.
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.
3
FINAL REPORT
Not later than thirty,(30) days from completion of the work under this
Agreement, tie Contractor shallfife with :the.Department a.final'written report.
u ii�cNudi g: a map depicting the location -of properties ,where, interests were
l ` urcliasedx a copy of the recorded easement of.purchase of development rights,
and any rno'bitoring plans or agreements for.another to hold or'tnaintairt the
interest it real property, and a copy of th.e final budget s.howind project
expenditures.
: ';A50O.RDS MALNTEIdANCE, EXAMINATION AND.RETENTION
rl The Contractor stiall maintain records and accounts in specific. detail to
identify all contract funds received and expended under,this Agreement.. The
Contractor shall maintain a daily written record which contains the name(s) of
the officer(s) and employee(s) providing services under this Agreement and the
amount of time expended' upon such services.
a
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 Departn ent 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.
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE
For this Agreement the Department has'established the following goals:
Minority business enterprises 1%
Women owned business enterprises 1%
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NON-SECTARIAN PURPOSE
The Contractor shall not expend funds received under this Agreement for
any purposes other than for'perl'orniarice of the worm under this Agreement, and
hereby represents that no contract funds shall be upended directly or indirectly
for any private or sectarian purpose,
CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT
Neither the Contractor, nor its agents, employees, suppliers or
suocontra,ctor ,,shall lie in any way,deeme(I to be employees or agents of the
Department tare of the' Stoke of New York in performing the: work under this
Agreement.
:DEVIATION FROM WORK
The Contractor"shall perform the work under. this Agreement as set forth
in the application. attached as Appendix C. Any substantial deviation.from the
application shall require the prior written approval of the Department.
TERMINATION
The Department may terminate this Agreement for convenience upon
giving :thirsty (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.
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The Contractor shall notify the Depa emit in writing if the Contractor
proposeslbi alienate, in a cordarn e with the procedureset forth7in Chapter of
the To n Code of the Town of Southold„ any, of the development, rights
purchased under this Agreement. The Contractor small rein burse to the
I epartrper any State furjds used for the purchase of any development rights
Whidh afel subsequently alienated and reunited with the underlying fee'.title,
it ,DF . ICN
This Agreement may not be modified unless such modification is made-in
Writing, e eco ted by the:.Department and the. Contractor and approved by the
Pgttorney 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.
J
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