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HomeMy WebLinkAboutFPIG-C800510-Kaloski;Raphael AGREEMENT New York State Department of Agricultw•e and Markets Contract Number. 0800510 I Winners Circle Albany,NY 12235-0001 Agency Code 06000 Amount of Agreement: $500,000 AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT Contract Period: 4/6/99 to 3/31/01 STATUTORY AUTHORITY:Agriculture and Markets Law Article Municipal Code: 4703790000 26AAA Contractor Name/Project Sponsor.Town of Southold street:Town Hall, 53095 Main Rd., PO Box 1179 city:Southold state:NY zip:11971 Billing Address(if different from above): Street: City: State: ZIP: Title/Descrtptlon of Project:Town of Southold Agricultural & Farmland Implementation Grant THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS 'HECK THOSE THAT PLY: ff'T'N's Coversheet Additional Work If Inc ec se in Amount: Appendix A(Standard Clauses for all New York State Contracts) Extension of Time Appendix B(Project Budget) From to Previous Amount: $ Appendix C(Award letter(s)&a portion of Applicant's proposal) Increase Amount Increase/decrease Appendix D(The Department's General Conditions) Decrease Amount New Total: $ ®Appendix E(Federal Conditions) Renewal: _Remaining E]Appendix F-Cooperative Agreement 73-2031-8-440 [J Revised Budget E]Revised Scope of Work other The Contractor and the Depadment agree to be bound by the terms and conditions co ntained In this A r rrrl CNTRACTOR NYS DEPARTMENT OF AGRICULTURE & � . MARKETS Signa of Corntractoes Authorized Representative: Signature of Au#iod ed Official: Date:._ 1. ...�� - as-Ci Date:— Typed aterTyped or Printed Name of Above Representative: Typed or Printed Name of Above Offlclal: YYi r,nrP . Trde of Authorized Representative: TitleAuthorized� „ OfficialCI .�����N�� •y Notary Public: On this day before me personally appeared State Agency Ceriiflcation: In addition to the acceptance WFC.ick r ,to me(mown,acrd of this contract, I also certify that or copies of this known to me to be the same person who executed the above signature page will be attached to all other enact copies lc �, �g of the same. of this contract. ; ° u d 'Null kNJE DOROSKI GE;JL -Y "L&K3,StateofNY Attorney Ger real: rron a h rp F Mres W Ty Office of the State Comptroller. F E B � P. 2000 "�' , 51- P� ASISOC,A FE Ai...TORNEV APPENDIX A STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS The parties to the attached contract,license,lease,amendment or other agreement of any kind(hereinafter,"the contract"or "this contract")agree to be bound by the following clauses which are hereby made a part of the contract(the word"Contractor"herein refers to any party other than the State,whether a contractor,licenser,licensee,lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law,the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 135 of the State Finance Law,this oontract may not be assigned by the Contractor or its right,title or interest therein assigned,transferred,conveyed„sublet or otherwise disposed of without the previous consent,in writing,of the State and any attempts to assign the contract are null and void. The Contractor may, however,assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3.COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law(or,if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), 0 this contract exceeds'510,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.LI.N.Y.and C.U.N'.Y.contracts)or if this is an amendment for any amount to a contract which, as so amended,exceeds said statutory amount,or if,by this contract,the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds$'10,000,it shall not be valid,effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. 4. t fORK'ERS"CI NilP N A'11014 B In accordance with Section 142 of the State Finance Law,this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers'Compensation Law. 5, ON- Jullill R'E ---RE In accordance with Article 15 of the Executive Law(also known as the Human Rights Lair)and all other State and(Federal statutory and constitutional non-discrimination provisions,the Contractor will not discriminate against any employee or applicant for employment because of race,creed,color,sex,national origin, age,disability or marital status. Furthermore,in accordance with Section 220-e of the Labor Law,I this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture,sale or distribution of materials,equipment or supplies, and to the extent that this contract shall be performed within the State of New York,Contractor agrees that nelther it nor its subcontractors shall, by reason of race,creed,color,disability,sex or national origin: (a)discriminate in hiring against any New York State citizen who is qualified and available to perform the work;or(b)discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law,then,in accordance with Section 239 thereof,Contractor agrees that neither it nor its subcontractors shall,by reason of race,creed,color, national origin,age,sex or disability:(a)discriminate in hiring against any New York State citizen who is qualified and available to perform the work;or(b) discriminate against or intimidate any employee hired for the 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 Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6.WAGE AND IiOURSf��0 SfON If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof,neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes,except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore,Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay,as determined by the State Labor Department in accordance with the Labor Law. 7.NON-COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 139-d of the State Finance Law,if this contract was awarded based upon the submission of bids,Contractor warrants,under penalty of perjury,that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that,at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf. 8.INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law,If this contract exceeds$5,000,the Contractor agrees,as a material condition of the contract,that neither the Contractor nor any substantially owned or affiliated person,firm,partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979(50 USC App.Sections 2401 at seq.)or regulations thereunder. If such Contractor,or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution,such contract,amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five(6)business days of such conviction,determination or disposition of appeal(2 NYCRR 105.4). 9.SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall Include,but not be limited to,the State's option to withhold for the purposes of set-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 other contract with any,State department or agency, including any contract for a term commencing prior to the terra of this contract,plus any amounts due and owing to the State for any other reason including,without limitation,tax delinquencies,fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including,in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, Its representatives,or the State Comptroller. 10.RECORDS, The Contractor shall establish and maintain complete and accurate books,records,documents,accounts and other evidence directly pertinent to performance under this contract(hereinafter,collectively,"the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six(6)additional years thereafter. The State Comptroller,the Attorney General and any other person or entity authorized to conduct an exramination,as well as the agency or agencies Involved In this contract,shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or,if no such office is available, at a mutually agreeable and reasonable venue within the State,for the term specif led above for the purposes of inspection,auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law(the"Statute") provided that; (1)the Contractor shall timeiy Inform an appropriate State official,in writing,that said records should not be disclosed; and;(ii)said records shall be sufficiently identified;and(iii)designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish,or in any way adversely affect,the State's right to discovery in any pending or future litigation. 11.IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION; (a) FEDERAL Ebdol OYER IDENTIFICATION NUMBER AND/OR FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property 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 either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers,the payee,on his invoice or New York State standard voucher,must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1)The authority to request the above personal Intormation from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found In Section 6 of the State Tax Law. Disclosure of this Information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enatxla the State to identify individuals,businesses and others who have been delinquent in filing tax returns or may have understated'their tax liabiilities and to generally identify persons affected by the taxies administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of State Accounts,Office of the State Comptroller, AESOB,Albany,New York 12236. 12. PLOYMENT OPPORTtfN E R MIN+OtRVnES 'ND�IIO . in accordance with Section 312 of the Executive Law,if this contract is:(1)a written agreement or purchase order instrument, providing for a total expenditure In excess of$25,000.00,whereby a contracting agency is committed to expend or does expend funds in return for labor,services,supplies,equipment,materials or any combination of the foregoing,to be performed for,or rendered or fumished to the contracting agency;or(ii)a written agreement in excess of$100,000.00 whereby a contracting agency is committed to expend'or does expend funds for the acquisition,construction,demolition,replacement,major repair or renovation of real property and improvements thereon,or(iii)a written agreement in excess of$100„000,00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition„construction,demolition,replacement, major repair or renovation of real property and improvements thereon for such project,then: 2 ° (a)The contractor will not discrirninate against employees or applicants for employment because of race, creed,color,national origin,sex, age„disability or marital status,and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment,employment, job assignment, promotion,upgradings,demotion,transfer,layoff,or termination and rates of pay or other forms of compensation; (b)at the request of the contracting agency,the Contractor shall request each employment agency,labor union,or authorized representative of workers with which it has a collective bargaining or other agreement or under-standing,to furnish a written statement that such employment agency,labor union or representative will not discriminate on the basis of race,creed,color,national origin,sex,age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein;and (c)the Contractor shall state,in all solicitations or advertisements for employees,that, in the performance of the State contract,all qualified applicants will be afforded equal employment opportunities without discrimination because of race,creed,color„national origin,sex,age,disability or marital status. Contractor will include the provisions of"a",`"b°end V,above,in every subcontract over$26,000.0O for the construction,demolition„ replacement,major repair,renovation,planning or,design of real property and improvements thereon(the"Work")except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to. (1)work,goods or services unrelated to this contract„ or(li)employment outside New York State;or(ill)banking services, insurance policies or the sale of securities. The Slate shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal errooyment opportunity which effectuates the purpose of his section. The contrasting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and H such duplication or conflict exists,the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's office of Minority and Women's'Business Development pertaining hereto. 13.CONFLICTING TERMS. In the event of a conflict between the terms of the contract(including any and all attachments thereto and amendments thereof)and the terms of this Appendix A,the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 1S.LATE PAYMENT,Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article XI-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract,including the breach or alleged breach thereof,may not be submitted to binding arbitration(except where statutorily authorized), but must,instead,be heard in a court of competent jurisdiction of the State of New York. 17,SERVICE OlF PRQPESSM In addition to the methods of service allowed by the Stats Civil Practice Law ft Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail,returnreceipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable, Contractor must promptly notify the State,in writing,of each and every change all address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty(30),calendar days after service hereunder is complete in which to respond. to.p R TTI fstf CHASE O -Ropil 1-M L WOODS,. The Contractor certifies and warrants that all wood products to be used under this contract award will,be in accordance wlth,but not limited to,the specifications and provisions of the State Finance t aw Articl,s, t66. (Use of Tropical llardwo )which prohibits purchase and use of tropical hardwoods,unless specifically exempted,by the State or any govern^wrrntal agenor or political subdivision or public benefit corporation. Qualifications for an exemption under this law will,be the responsibility of tfpa contractor to The to meet with the approval of the State. In addition,when any portion of this contract involving the use of woods,whether supply or installation,is to be performed by any subcontractor,the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and Is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in Article 165 State Finance Law. Any such use must meet with the approval of the State„otherwise,the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 3 19. MACBR12gfAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBrlde Fair Employment Principles (Chapter,8017 of the Laws of 1992),the Contractor hereby stipulates that the Contractor either(a)has no business operations in Northern Ireland,or(b)shall take lawful steps in good faith to conduct any business operations in Northern Ireland In accordance with the MacBride Fair Employment.Principles(as described in Section 165 of the New York State Finance Law),and shall permit independent monitoring of compliance with such principles, 20.OMNIBUS PROCURMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises,including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information in the availability of New York State subcontractors and suppliers is available from NYS Empire State Development Minority&Women Owned Business Development One Commerce Plaza Albany,New York 12245 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 then$1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractor,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; (c) The Contractor agrees to make reasonable efforts to provide notification to New'York,State residents of employment opportunities on this project through listing any such positions with the Job,Service Division of the New York State Department of Labor,or providing such notification in such manner as is consistent. with existing collective bargaining contracts or agreements.. The Contractor agrees to document these efforts and to provide said documentation to the State upon request,and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21.RECIPROCITY AND'SAN O IS EIIQYJMONS Bidders are hereby notified that if their principal place of business is located in a state that penalizes New York State vendors„and if the goods or services that they offer will be substantially produced or performed outside New York State,the Omnibus Procurement Act 1994 amendments(Chapter 684,Laws of 1994)require that they be denied contracts which they would otherwise obtain. NOTE:.South Carolina,Alaska„West Virginia,Montana,Wyoming, Louisiana and Flawail were the states subject to this provision as of October, 1998. Contact NYS Empire State Development for a current list of states subject to this provision. October, 1998 4 1998-1999 BUDGET (Round III) Town of Southold, Suffolk County Raphael Vineyards Main Road Peconic, New York SCTM# 085-03-011.1 Approximately 43.6 acres Development Rights Purchased in March, 1999 Purchase Price of Development Value$ 336,100 Appraisal $ 2,500 Title Insurance $ 1,000 Town Attorney Fees 1 000 Total Costs $ 340,600 S. Kaloski Estate Alvah's Lane Cutchogue, New York SCTM# 102-04-006.1 and 109-01-024.1 Approximately 57 acres Development Rights Purchased in February, 1999 Purchase Price of Development Value$ 517,275 Appraisal $ 2,500 Title Insurance $ 1,000 Town Attorney Fees 1,000 Total Costs $ 521,775 Payment for Development Rights and associated costs on Raphael Vineyards and Kalsoki Estate: Total Costs $ 862,375 State of New York $ 500,000 (58%) "Federal, USDA $ 155,000 (18%) Town of Southold $ 207,375 (24%) *"The Federal funding can only be used for the purchase of development rights on the Raphael Vineyard Farm. This farm was part of the application package for FY 1997/98 (Round II) funding. .. a 'V STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS George E.Pataki Donald R.Davidsen,D.V.M. Governor , Commissioner December 30, 1998 Ms. Jean Cochran, Supervisor Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Dear Supervisor Cochran: I am very pleased to inform you that the Department of Agriculture and Markets has awarded the Town of Southold the sum of $500,000 to assist the Town in its farmland preservation efforts. These funds may be used to purchase development rights or conservation easements on any of the properties you submitted for consideration under your Agricultural and Farmland Protection Implementation Grants application. Before the state 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 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 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 Robert Somers who heads our Agricultural Protection Unit He may be reached by phone at 518-457-2713, by fax at 518-457-2716, or by mail in care of the Department's main offices located at I Winners Circle, Albany, New York 12235-0001. The Department looks forward to working with you in preserving your valuable farmland resources for agricultural production purposes now and in the future. Si ly, Donald R. avidsen Commissioner DRD/bas cc: Richard Ryan, Chairman of Town Land Preservation Committee Ken Schmitt, Chair,AFPB f:awdftri 1 winners Circle♦ Albany,New York 12235♦ Phone:((518)467'4188*Fax:151 8)457-3087 Town Hall,53095 Main Road P.O.Box 1179 Southold,New York 11971 Fax(5'16)7b5-1823 �^ Telephone(516)765-1800 LAND PRESERVATION COMMI'TI'EE TOWN OF SOLTMOLD Project Title: Purchase of Development Rights of selected farmlands within the Town of Southold. Applicant: Town of Southold, 'Suffolk County, NY By: Jean W. Cochran, Supervisor, Town of Southold Richard C. Ryan, Chairman, Town of Southold Land Preservation Comm. Address &Tel.#: Town Hall, 53095 Main Road PO Box 1179, Southold,NY 11971 Tel. (516) 765-1801 Fax(516) 765- 1823 Amount Requested: Maximum available. Town funds presently available(via bonding) approximate$2 Million. Duration of Project: Commence July 1, 1998 End(approx.)October, 1999 Town Hall,53095 Main Road �, P.O.Box 1179 Southold,New York 11971 coo r Fax(516)765-1823 Telephone(516)765-1800 LAND PRESERVATION COMMMME TOWN OF SOUTHOLD Project Summary The Town of Southold proposes a cooperative effort under terms of the 1996 Clean Water/Clean Air Bond Act and the 1993 Environmental Protection Fund for Agricultural and Farmland Protection Implementation Projects,to acquire the development rights to agricultural properties. Said properties, which have been submitted by their owners to the Land Preservation Committee(LPC).of the Town of Southold for sale of such rights to the Town. The common characteristics of these properties and the community in which they are situated are described below. The plan under which the Town proposes to utilize its own, and other public funds, has been reviewed and approved by the Suffolk County Farmland Protection Board, as required(see Attachment "C"). Agriculture in the Town of Southold: The Town of Southold has been a farming community since it's founding over 350 years ago. The ensuing years have seen many changes, most noticeably population increases and the encroachment of home building, since the early 1950's. The Town is located about 100 miles from the center of the New York metropolitan area and is adjacent to the Long Island suburbs of New York City. This suburban population, nearing 3 Million, has been.expanding eastward and has developed most of the farmlands of western Suffolk County and continued expansion into the eastern extremity as well. Agricultural products are shipped to these populated areas from 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 tourists frequenting the Town. A large and thriving agricultural community exists in the Town,but its long-term viability remains threatened by pressures of land development. The Town comprises an area of about 54 square miles, fi-om Peconic Bay to Long Island Sound, and contains nearly 10,000 acres of agricultural land. The Town is part of Suffolk County Agricultural District No. 1,which encompasses about 5900 acres within town-boundaries. An infrastructure is in place in eastern Suffolk County, to support agricultural enterprises. Offices of the Farm Bureau, Cornell Cooperative Extension, farm credit agencies and farm equipment and supply dealers are in close proximity. Agricultural practices are ever evolving, with wine grapes, vegetables, nursery and greenhouse stock, and sod becoming production leaders. ........... Current statistics indicate the following agricultural acreage and respective use, within the Town of Southold: - 1973 acres: vegetables and fruits - 1418 acres: vineyards - 986 acres: potatoes - 811 acres: fallowlands - 637 acres: nursery and trees - 547 acres: sod - 376 acres: hay, rye and other grains - 158 acres: greenhouse uses - 145 acres: orchard - 12 acres: pasture 7,063 acres-Total Plan of Work Planning Document: Recognizing the inexorable encroachment of development on farmland, and its attendant degradation to a rural character and sense of place, the Town Board has pursued a vigorous program of Agricultural Lands Preservation.Local Law first established the current LPC in 1983. The tasks and goals of the Committee are spelled out in Chapter 25 —Agricultural Lands Preservation, of the Town Code(see Attachment "N'). Selection of candidate farmland parcels for preservation is performed in accordance with Chapter 25 and a set of criteria established by the LPC(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 details prohibitions and restrictions on use and/or alienation of thereby-preserved agricultural lands. Prior Activity: 1n 1983,1987, 1991 and 1994,the Town of Southold voters approved bond issues, each for$1.75 Million and again in 1996 and 1997, each for$2. Million, to acquire farmland development rights in order to preserve important agricultural lands and the farming economy within the Town. Thusly represented($11, AMOn)is the serious and dedicated commitment of the community to its quality of life. Present Proiect: The commitment continues. The remaining available funds of the above-noted approved bond referendums (approximately $2. Million)will be applied to the costs of purchasing the project parcels herein listed. Further,the 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 share acquisition costs for certain projects deemed worthy of preservation. These approaches effectively "leverage" more 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, farmland-owner applications are in hand, which exceed the level of town funding presently available, if all were purchased. Additional applications are always forthcoming. It is expected this pattern will continue and may accelerate dependent upon economic influences, public awareness and funding. The LPC would also like to commence an out-reach, initiating a solicitation of owner-applications from selected priority areas of important agricultural lands in the Town. Timetable:Purchase Contract executions are a responsibility of legal counsel to the respective parties. Evaluations and appraisal reviews are an initial task of the LPC, thereafter approved by by the Town Board and subject to a public hearing. Based on past experience, the funding currently available(as supplemented by any grant award resulting from this application) is expected to be disbursed or contractually obligated by October, 1999. Deliverables The Town of Southold is ready to participate in this program with the State of New York Department of Agriculture and Markets. The Town enjoys a history of successful, committed protection of its agricultural resources through purchase of development rights. The above- referenced project parcels attest to the fact there are willing farmland owners ready to sell such rights to the To". Some of these project parcel owners may ultimately choose not to sell, however experience has shown that most purchases are accomplished, when pursued with concerted effort. Generally,the development rights are now within a cost range of$7,000.to .$9,000.per acre, with the preponderance tilted towards the higher end of the range, reflecting the now-inflationary influences of the development/agricultural land market in the Town. Ka Personnel The process of review, recommendation, negotiation and contract/closing, involves the Town Board,the Town Attorney, and the members of the LPC, specifically: Chairman: Richard C. Ryan, P.L.S.;Licensed real estate broker;Real Estate Officer (NYSDOT/DEC), retired. Members: James Pim, P.E.; Suffolk County Department of Health Services (water quality) Noreen McKenna, Coop.Ed. Coord.—Southampton College, farmer. Thomas Madigan, Advertising/Media executive, retired. Fred Lee, member-Cornell Coop. Extension Agricultural Program Advisory Committee; farmer. Michael Croteau, Graphic Designer, farmer. Joseph Krukoski, member- Suffolk County Farm Select Committee; farmer. Budget Approximately$2. Million remains available in Town bond funds, for application to the acquisition costs associated with the above-referenced project parcels. Normal overhead expenses and ordinary soft costs, are anticipated as additions to the actual costs of development rights purchase. Present Status: A. Outstanding Offer-Applications: All project parcels herein listed have landowner applications for development rights purchase, currently submitted to the LPC. These applications represent approximately 340 acres of productive farmland, having estimated development rights purchase-costs in excess of$2.6. Afiflion. B. Work in Progress: The above-referenced applications are in the process of review and evaluation.by the LPC. Acceptance of development rights purchase offers and further contract negotiations, for some are noted. C. Brief description and Status of Project Parcels(in priority order), individual maps for each project are attached (Attachment "D"): A. W. Ruland.Main Road,Mattituck; SCTM# 115-02-002.1 &003 and 107-11-010. 66.5 acres of vegetables and hay; in Ag. Dist.;Purchase Contract to be executed. Estimated cost $465,500. X. W.Ackermann.Middle Road, Cutchogue, SCTM# 101-02-004 and 108-03-007. 59 acres of grapes; in Ag. Dist.;Purchase Contract to be executed. Estimated cost=$335,600. 3:Raphael Vineyards.Main Road,Peconic; SCTM#085-03-011.1. 45 acres of grapes; Purchase Contract to be executed. Estimated cost=$346,500. 4: R. VanNostrand.King Street, Orient; SCTM#025-11-004. 13.6 acres of vegetables; in Ag. Dist.;Partnership project with Peconic Land Trust and Suffolk County; Purchase Contract to be executed;Estimated cost=$117,000. 5. F. Lappe. Main Road, Southold; SCTM#075-06-011 and 075-07-003. 42.4 acres of potatoes and vegetables; in Ag. Dist.; under appraisal review. Estimated cost=$360,000. 5: S. Kaloski Est Alvah's Lane, Cutchogue; SCTM# 102-04-006.1 and 109-01-024.1, 56 acres of potatoes and vegetables; in Ag. Dist.;under appraisal review. Estimated cost= $500,000. 7' H. Rutkowski. Main Road, Mattituck; SCTM# 108-01-002 and 115-02-010. 26 acres of potatoes and vegetables; in Ag. District; under appraisal review: Estimated cost=$ 210,000. 8. L Cherepowich. Main Road,East Marion; SCTM#038-01-001.3. 33 acres of vegetables; in Ag. Dist.; Proposed partnership with Peconic Land trust and Suffolk County; under evaluation by LPC. Estimated cost=$260,000. Other applications before the LPC, are not here-listed for reasons of current priority and funding considerations. Easements: 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, Any proposed alteration in the terms of the town-held easement requires a public hearing, prior to adoption. The management/monitoring of the terms of each easement, is currently a task of the LPC. ELIZABETH A.NEVI,LE r Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Fax(516)766-1823 " y RECORDS MANAGEMENT OFFICER Telephone(516) 765-1800 �,��' „" FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 12, 1998: RESOLVED that the Town Board of the Town of Southold hereby authorizes the submission of a proposal to the New York State Department of Agriculture and Markets, whereby the Town of Southold proposes a cooperative effort to acquire the development rights to agricultural properties which have been submitted by their owners to the Land Preservation Committee of the Town of Southold for sale of such rights to the Town. lizabeth A. Neville Southold Town Clerk May 12, 199E MAY-29-1998 08:55 SUFFOLK Co. PLANNING DEPT 516 853 4044 P.02 Suffolk County Agricultural andFarmland Protection Board C/O COlmell Coope lve rasion - Sufialk Comer 246 Griffing Avenue,Griffin Riverhead,NY 11901-3086 May 28, 1998 Marjoric Brague, Dir otor Division of Fiscal Management NYS Dept. Of Agriculture and Markets 1 Winners Circle Albany,New York 12235 Dear leis. Brague: The Suffolk County Agricultural and Farznbmd Protection Board met on May 28, 1998 to review proposals for matching State funds for the Suffolk County AgricWtu re and Farmland Program and to review proposals from local municipalities for State funds for their programs. The Town of Southold application was.considered. Southold has a proven record of farmland development rights acquisition. The Suffolk County Agricultural and Farmland Protection Board voted to endorse the Town's grant application at its May 28, 1998 meeting. One parcel that appears on both the County list and the Town list is the Van Nostrand farm. The reason for it to appear on both lists is that this gives us the potential to do a joint purchase as part of a partnership program the County has recently instituted. Sincerely, Kenneth Schmitt Chairrnan Suffolk County Agricultural and Farmland Protection Board Tl1T/11 4""w i"'kr^"b 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 the approved appraisal, 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. 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., 1 The total payment made under this Agreement will not exceed the Contractor's actual costs and expenses arising from the completion of the work under this Agreement. TITLE The Contractor shall ensure that the title to the lands or interests therein shall be unencumbered or, if encumbered by outstanding or reserved interests, the Contractor shall ensure that such encumbrance shall not interfere with the agricultural and farmland protection purpose for which the interest therein is being acquired. The Contractor shall provide a title policy and title insurance, at a minimum, for the State's share of the interest in real property being obtained. In the event of a failure of title, the Contractor will use the title insurance proceeds towards the purchase of an interest in another approved parcel contained in Appendix C or reimburse the Department for the amount of State funds paid. EASEMENT REQUIREMENTS The Contractor shall require that all easements or other interests in land acquired under this agreement: 1. run with the land in perpetuity; 2. prevent the land from being converted to non-agricultural uses; 3. require that all amendments to the approved easement be authorized by the Department; APPROVED APPRAISALS, AGREEMENTS AND MONITORING PLANS The Contractor shall submit an appraisal by a New York State Certified General Real Estate Appraiser, 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 (60) days prior to the planned submission of the payment request for that transaction. The Department shall review the appraisal to determine its reasonableness and reserves the right to negotiate the terms and conditions of the agreements and monitoring plans with the Contractor. The Department shall advise the Contractor in writing when the appraisal, agreements and monitoring plans have been approved. No funds available under this Agreement 2 shall be disbursed until the Contractor's appraisal, agreements and monitoring pian 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 payments under this Agreement were or are expected to be appropriated to-the Department during the 1999-2000 fiscal year. Payment for work pursuant to this Agreement which is completed or continued by the Contractor after the 1999-2000 fiscal year is subject to appropriation of funds by the Legislature in each subsequent fiscal year. FINANCIAL LIMIT The financial limit of State appropriated funds under this Agreement is Five Hundred Thousand Dollars ($500,000) 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 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. 3 FINAL REPORT Not later than thirty (30) days from completion of the work under this Agreement, the Contractor shall file with the Department a final written report including: a map depicting the location of properties where interests were purchased; a copy of the recorded easement or purchase of development rights and any monitoring plans or agreements for another to hold or maintain the interest in real property; and a copy of the final budget showing project expenditures. RECORDS MAINTENANCE, EXAMINATION AND RETENTION The Contractor shall maintain records and accounts in specific detail to identify all contract funds received and expended under this Agreement. The Contractor shall maintain a daily written record which contains the name(s) of the officer(s) and employee(s) providing services under this Agreement and the amount of time expended upon such services. 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. 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% 4 NON-SECTARIAN PURPOSE The Contractor shall not expend funds received under this Agreement for any purposes other than for performance of the work under this Agreement, and hereby represents that no contract funds shall be expended directly or indirectly for any private or sectarian purpose. CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT Neither the Contractor, nor its agents, employees, suppliers or subcontractors shall be in any way deemed to be employees or agents of the Department or of the State of New York in performing the work under this Agreement. DEVIATION FROM WORK The Contractor shall perform the work under this Agreement as set forth in the application attached as Appendix C. Any substantial deviation from the application shall require the prior written approval of the Department. TERMINATION The Department may terminate this Agreement for convenience upon giving thirty (30) days written notice to the other party. Upon receipt of such notice from the Department, the Contractor shall immediately cease work and prepare a statement of costs, expenses and non-cancelable commitments incurred as of the date of such termination. The Department may terminate this Agreement for cause upon giving one (1) day's written notice. The Contractor's failure to perform in accordance with the terms of this Agreement due to circumstances reasonably beyond the Contractor's control should not constitute cause for termination pursuant to this provision. In the event of such failure to perform, the Department may, at its option, either grant the Contractor a specified period in which to correct its performance, or terminate this Agreement in accordance with this paragraph. MODIFICATION This Agreement may not be modified unless such modification is made in writing, executed by the Department and the Contractor and approved by the Attorney General and Comptroller of the State of New York. 5 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. 6