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HomeMy WebLinkAbout3) Contract 73-2C31-02-671 $547;000 o�®SVFFO`�c®G ELIZABETH A.NEVILLE �� y� Town Hall, 53095 Main Road TOWN CLERK ® = P.O. Box 1179 y REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER �i !� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ®d ��® 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. 627 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 24,2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Horton to execute a Cooperative Agreement between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the Farmland Protection Program. ifk Elizabeth A. Neville Southold Town Clerk 1> Agreement No. 73-a I-Oa--67/ COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA COMMODITY CREDIT CORPORATION and the Town of Southold for the FARMLAND PROTECTION PROGRAM This Cooperative Agreement, made this 3O day of 9C _1:eM hj', 2002 is entered into by and between the United States of America, acting by and through the Commodity Credit Corporation(CCC); and the Town of Southold for the implementation of the Farmland Protection Program(FPP). The CCC shall utilize the expertise and services of the various agencies of the United States Department of Agriculture, including the Natural Resources Conservation Service (MRCS) (hereinafter"the United States") and the Farm Service Agency (FSA). For purposes of this Cooperative Agreement, the term"Parties"refers collectively to the United States and the Town of Southold. I. AUTHORITY. This Cooperative Agreement is entered into by the United States under the authorities of the Commodity Credit Charter Act, 15 U.S.C. 714 et seq.; Title H, Subtitle F, Section 2503 of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171) and Title VII, Section 714 of the Agriculture,Rural Development, Food and Drug Administration, and related Agencies Appropriation Act of 2001 (Public Law 106-387). The CCC administers the FPP under the general supervision of the Chief of the NRCS who is a Vice President of the CCC. II. BACKGROUND AND PURPOSE. Enacted on May 13, 2002, Section 2503 of the Farm Security and Rural Investment Act of 2002 authorizes the Secretary of Agriculture to purchase conservation easements or other interests in land that are subject to a pending offers from a State, Tribal or units of local government or eligible nongovernmental organizations for the purpose of protecting topsoil by limiting non-agricultural uses of the land. To be eligible, the farm or ranch land must contain prime, unique, or other productive soil or historical or archaeological resources. For fiscal year .2002, the Farm Security and Rural Investment Act of 2002 authorized up to $50,000,000 for the FPP. On May 30, 2002, CCC published a notice in the Federal Register requesting proposals for participation from Tribes, States, units of local government, and non-governmental organizations. See Federal Register Volume 67,Number 104,Notices Page 37756. 1 WHEREAS, the Town of Southold and CCC have mutual interests in preventing the conversion of agricultural lands to non-agricultural uses; and WHEREAS, CCC administers the FPP, which is managed by MRCS; and WHEREAS, the Town of Southold administers a farmland protection program, and has pending offers for acquiring agricultural conservation easements from landowners within the Town, and the United States and the Town of Southold have agreed to combine their resources to assure that such areas are protected from conversion to nonagricultural uses. THEREFORE, the parties agree to enter into this Cooperative Agreement. III. OBLIGATION OF FUNDS Upon execution of this agreement, the CCC shall obligate the sum of$ 547,000 for the acquisition of United States' interests in conservation easements or other interests in land. The Town of Southold must request payment of this amount in accordance with Part V of this Cooperative Agreement before September 30, 2004. After this date, any remaining funds will be released from this obligation. This Cooperative Agreement is the authorizing document that obligates CCC funds to acquire easements or other interests in land. The CCC's contribution for the acquisition of each conservation easement or other interest in land acquired by the Town of Southold shall be up to but not more than 50% of the appraised fair market value. The CCC contribution cannot be used for closing and related administrative costs incurred in acquiring the conservation easement. Attachment A to this Cooperative Agreement specifies the CCC funds to be used within the Town of Southold and includes a list with a detailed breakdown of the: (1)name and mailing address of the landowner; (2) tax map number(s) of the property; (3) number of acres to be acquired; and(4) the estimated conservation easement value. However, nothing in this document obligates the CCC or the Town of Southold to purchase all or any of the conservation easements or interests in the land parcels listed. There may be further modifications, additions or deletions to the list depending on the prices paid for the conservation easements, the ability to obtain good and clear title, future funding for acquisitions, etc. Additions or deletions to the list will be made by mutual agreement between the Parties to this Cooperative Agreement. IV. ENTITY'S CONTRIBUTION The Town of Southold may supplement its share of the conservation easement cost through a charitable donation by the landowner of not more than 25 percent of the appraised fair market value of the conservation easement or other interest in eligible land. Where a landowner's donation is considered to be part of an entity's matching offer, the entity is required to contribute at least 25 percent of the appraised fair market value of the conservation easement or 50 percent of the purchase price. 2 Prior to signing the cooperative agreement, for a landowner's donation to be considered as part of an entity's matching offer,the entity must have a current appraisal on the land in accordance with the Uniform Standards of Professional Appraisal Practices or the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 1992). V. PAYMENTS The Town of Southold shall notify NRCS when the CCC funds are to be paid. CCC funds shall be paid to the Town of Southold when NRCS is notified that the conservation easement has been recorded and the Town of Southold has,paid the landowner(s). Where the Town of Southold cannot obtain 100 percent of the funds to be paid at closing to the landowner(s) and requires NRCS to make its payment at closing rather than on a reimbursable basis, the Town of Southold may request a waiver for NRCS to pay its share of the conservation easement purchase at closing. In the instance where a waiver is requested, the Town of Southold shall notify NRCS at least 60 days prior to closing. Where a waiver is requested, CCC shall make payment to an authorized closing agent. These funds will be transmitted to the Closing Agent by electronic transfer. The Closing Agent will hold the funds in escrow for a period not to exceed 14 calendar days. Upon receipt of the funds, the closing agent will sign a payment receipt form and return it to NRCS. If interest is earned upon CCC funds, the Closing Agent must return any interest earned to CCC. All deeds used by the Town of Southold shall be approved by the Office of General Counsel (OGC)National office or regional OGC office prior to purchase of the conservation easement or other interest in land. The Town of Southold will submit Form SF-270 (Request for Advance/Reimbursement of Funds), and the information specified below to the New York NRCS State Office. Prior to submitting the SF-270,the Town of Southold must also request a copy of closing agent requirements from NRCS and ensure that the closing agent meets these requirements. The Town of Southold may submit the Form SF-270 after all the deeds have been recorded and the landowner has been paid or on a quarterly basis for each quarter that conservation easements have been recorded and the landowner has been paid. At a minimum, the following information shall be included in, or attached to, the SF-270: (1) the name of the Town of Southold; (2) this cooperative agreement number; (3) conservation easement or other land interest number; (4) total amount of dollars paid the landowner for the conservation easement, specifying the CCC share and the non-CCC share of the conservation easement cost; (5) term of conservation easement; (6) acres acquired; (7) Tax Identification Number(TIN) for [Tribe/State/County/Local Government/Non-governmental Organization]; (8) Federal Information Processing Standards (F1PS)number for Town of Southold; (9)Bank routing number and account number for desired deposit location; and(10) copy of the conservation easement deed that contains the contingent right clause as described in Part VI of this Agreement. Where a landowner donation is accepted as part of the entity's matching offer, a copy of the current appraisal and IRS Form 8283 must be submitted to NRCS. 3 VI. CONSERVATION EASEMENT REQUIREMENTS. A. The Town of Southold shall assure that conservation easements or other interests in land acquired under this agreement: 1. run with the land in perpetuity or a minimum of thirty years, in the case where a conservation easement is acquired for a term less than perpetuity,the Town of Southold must secure approval of the NRCS National Office. 2. prevent the land from being converted to nonagricultural uses; 3. provide for the management and administration of the easement or other interests in land by the Town of Southold; 4. require management of the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide,? CFR Part 12, and is approved by the Suffolk County Soil and Water Conservation District; 5. where parcels are being enrolled in FPP based on historical and archaeological resources, a paragraph identifying standards and guidelines for treatment and maintenance of these resources is required within the deed. These guidelines should be based on the Secretary of Interior's Standards and Guidelines for Historic Preservation. The Town of Southold will ensure that title restriction to protect any historical and archaeological structure(s) is appended to the deed and included in any succeeding transfers; and 6. include the following"Contingent Right in the United States of America"provision where title is held by the Town of Southold: "In the event that the Town of Southold fails to enforce any of the terms of this easement [or other interests in land],as determined in the sole discretion of the Secretary of the United States Department of Agriculture,the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that the Town of Southold attempts to terminate,transfer, or otherwise divest itself of any rights,title,or interests of this easement[or other interests in land] or extinguish the conservation easement without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States,then, at the option of such Secretary,all right,title,and interest in this easement[or other interests in land]shall become vested in the UNITED STATES OF AMERICA." 7. include signature of a responsible NRCS official on the Conservation deed, accepting the United States' property interest in the deed. B. Unless otherwise agreed to by the Parties,the Town of Southold shall hold title to any conservation easement or interest in land. However, title may be held by the United States at the request of the Secretary of Agriculture upon mutual agreement of the Parties, or when the contingent right provision is activated. 4 VII. RESPONSIBILITIES. A. Those of the United States - 1. The United States,by and through the MRCS, shall provide technical and other services required to assist the landowner in developing an appropriate conservation plan in accordance with 7 CFR Part 12. To ensure that the conservation plan is implemented in accordance with 7 CFR Part 12, the NRCS will be provided the opportunity to conduct periodic field visits on lands that are enrolled in the FPP and associated lands owned or managed by the landowner which are also subject to 7 CFR Part 12. 2. The CCC shall, subject to the availability of funds, disburse the appropriate funds to the Town of Southold in accordance with Part III and V of this Cooperative Agreement. 3. Prior to NRCS accepting the conservation easement or other land interest terms and processing payment,NRCS shall ensure that a conservation plan for highly erodible lands developed in accordance with 7 CFR Part 12 be developed and that an AD-1026,Highly Erodible Land and Wetland Certification form has been filed at the appropriate USDA Service Center. B. Those of the Town of Southold 1. The Town of Southold shall perform necessary legal and administrative actions to ensure proper acquisition and recordation of valid easements or interests in land. 2. The shall use all awarded funds under this agreement for the acquisition of conservation easements within approved FPP areas. CCC funds shall pay for not more than 50% of the appraised fair market value, of the conservation easement in land acquired. 3. The Town of Southold shall pay all costs of conservation easement or other interest in land procurement and will operate and manage each conservation easement or other interest in land in accordance with the Town of Southold program, this Cooperative Agreement, and the FPP. The United States shall have no responsibility for the costs or management of the conservation easements or other interests in land purchased by the Town of Southold. The Town of Southold shall indemnify, defend, and hold the United States harmless for any costs, damages, claims, liabilities, and judgments arising from past,present, and future acts or omissions of the Town of Southold in connection with the acquisition and management of the conservation easements [or other interests in land] acquired pursuant to this Cooperative Agreement. This indemnification and hold harmless provision includes but is not limited to acts and omissions of the Town of Southold agents, successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the conservation easements acquired pursuant to this Cooperative Agreement which result in: (1) violations of any laws and regulations which are now or which may in the future become applicable, and including but not limited to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Comprehensive 5 Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. 9601 et seq., the Toxic Substances Control Act, as amended 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq.; (2)judgments, claims, demands,penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United States; or(4) the release or threatened release of any solid waste, hazardous waste,hazardous substance,pollutant, contaminant, oil in any form, or petroleum product into the environment. 4. Non-governmental organizations shall continue to meet the requirements specified in Title H, Subtitle F, Section 2503 of the Farm,Security and Rural Investment Act of 2002. The Act states that eligible organizations are"any organization that— (A)is organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or(iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; (B)is an organization described in section 501(c)(3) of that Code that is exempt from taxation under 501 (a) of that Code; (C)is described in section 509 (a)(2) of that Code; or (D)is described in section 509(a)(3) of that Code and is controlled by an organization described in section 509 (a)(2) of that Code." 5. The Town of Southold shall incorporate into each deed in which CCC funds are used as part of the acquisition the"Contingent Right in the United States of America"provision described in Part V of this Cooperative Agreement, as well as the other required clauses set forth in Part VI Section A of this Cooperative Agreement. 6. Prior to payment certification, the Town of Southold shall ensure that all lands for which a conservation easement or other interest in land has been acquired will have a conservation plan, as described in Part VI of this Cooperative Agreement 7. The Town of Southold shall prohibit all non-agricultural uses of the encumbered properties, excluding recreational uses, such as hiking, hunting, fishing,boating, horseback riding that will not conflict with the purpose of Section 2503 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107– 171.) 8. The Town of Southold shall monitor FPP parcels on at least an annual basis to ensure that the conservation easement is being implemented according to the deed provisions. 9. In acquiring conservation easements or other interests in land,the Town of Southold shall ensure that the title to the lands or interests therein shall be unencumbered or, if encumbered by outstanding or reserved interests, the Town of Southold shall ensure that any outstanding interest are subordinated to the conservation easement. The Town of Southold shall assure that proper title evidence is secured and that the title of the interest acquired by the United States is insured to the amount of the CCC price paid for the United States interest. The Town of Southold shall ensure that American Land Title Association(ALTA)title insurance will be issued for all acquisitions, and that the title insurance company complies with all state laws, 6 including title insurance and reserve requirements, and is approved by the State Insurance Commissioner. In the event of a failure of title, the Town of Southold will reimburse the United States for the amount paid by CCC, less any amount paid to the United States from title insurance. 10. The Town of Southold shall ensure that the consideration paid to any landowners for the conveyance to the Town of Southold of any conservation easements or other interests in lands is no more than the fair market value of the land or interests conveyed. Prior to cooperative agreement signatures, a copy of the Town of Southold current appraisal policy and standards shall be provided to NRCS. To determine fair market value an appraisal methodology consistent with the Uniform Standards of Professional Appraisals Practices, the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 1992), or other real estate valuation techniques approved and used by the state when expending state funds for land acquisition shall be used. If requested, appraisals shall be provided to NRCS. In cases where the conservation easement acquisition involves Federal funds of more than$250,000, an appraisal in accordance with the Uniform Standards of Professional Appraisals Practices or the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 1992) is required. 11. The Town of Southold shall certify payment(s)received by submitting a transmittal letter that references; (i)the cooperative agreement number; (ii) the conservation easement or other land interest contract number; (iii) total amount of dollars paid or to be paid to the landowner for the conservation easement, specifying the CCC share and the non-CCC share of the conservation easement cost; (iv) term of conservation easement; (v) acres acquired; (vi) a copy of the recorded deed containing the contingent right clause as described in Part V of this Agreement; (vii) IRS Form 8283 and a current appraisal when a landowner donation accounts for a portion of the entity's matching share. Certification of payment for all conservation easements or other interests in land acquired must occur on or before September 30, 2004. 12. Performance Reporting will conduct annual monitoring of conservation easements or other land interests to ensure that the conservation easements or other interests in land are being implemented according to the deed provisions. An annual report of the status of conservation easements and pending conservation easement acquisition will be submitted to CCC, or when requested by CCC or NRCS. This report format will be defined by NRCS and submitted to the NRCS representative for this Agreement. 13. No person who is an official,member, or employee of the Town of Southold shall participate, directly or indirectly, in the annual monitoring of conservation easement compliance on his or her own land. 14. When a conservation plan violation is reported to the cooperating entity by NRCS, after all administrative and appeal rights have been exhausted by the landowner in accordance with 7 CFR Part 12 and 7 CFR Part 614,the Town of Southold shall implement easement enforcement procedures. 7 VIII. GENERAL PROVISIONS. A. The term of this agreement shall be from the date of the last signature affixed hereto through September 30, 2004. B. No assignment in whole or in part shall be made of any right or obligation under this Cooperative Agreement without the joint approval of both the United States and the Town of Southold Nothing herein shall preclude the United States or the Town of Southold from entering into other mutually acceptable arrangements or agreements. Such documents shall be in writing, reference this agreement, and be maintained as part of the official agreement file. C. This Cooperative Agreement may be amended, extended, or modified by written amendment signed by the authorized officials of the United States and the Town of Southold. D. This agreement may be terminated by either party hereto by a written notice to the other party at least 30 calendar days in advance of the effective date of the termination. The United States may terminate this agreement if the United States determines that the Town of Southold has failed to comply with the provisions of this agreement. In the event that this agreement is terminated for any reason, the financial obligations of the parties will be as set forth in 7 CFR Part 1403, Part 3016 and Part 3019, as applicable. E. This Cooperative Agreement shall be enforced and interpreted in accordance with applicable Federal laws and regulations, directives, circulars, or other guidance. When signed, this Cooperative Agreement will become binding on the Town of Southold and the United States to be administered in accordance with 7 CFR Part 3015 Uniform Federal Assistance Regulations Part 3016-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, or Part 3019-Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of higher Education,Hospitals, and Other Non- Profit Organizations, as applicable. F. As a condition of this Cooperative Agreement,the Town of Southold assures and certifies that it is in compliance with, and will comply in the course of the agreement with the 7 CFR Part 3016-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, or Part 3019-Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of higher Education,Hospitals, and Other Non-Profit Organizations, as appropriate. G. The Town of Southold agrees that it will comply with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and all requirements imposed by the Regulations of the Department of Agriculture (7 CFR Part 15), Department of Justice(28 CFR Parts 42 and 50) to the effect that, no person in the United States, shall, on the grounds of age, sex, disability, color,race, or national origin,be excluded from participation in, or be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant 8 received Federal financial assistance from the Department; and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. H. The activities under this agreement will be in compliance with Title V of the Drug-Free Workplace Act of 1988, 41 U.S.C. 702, and 7 CFR, Part 3017, Subpart F. I. Employees of the Town of Southold shall not be considered to be Federal employees or agents of the United States for any purpose under this agreement. J. The Town of Southold shall give CCC,NRCS, or the Comptroller General, through any authorized representative, access to and the right to examine all records,books,papers, or documents related to this agreement. K. If any recipient of Federal funds under this Cooperative Agreement materially fails to comply with the terms of this Cooperative Agreement, the United States reserves the right to wholly or partially recapture funds provided in accordance with 7 CFR Parts 1403, 3015, 3016, and 3019. L. The Town of Southold agrees to comply with all applicable Federal, state, and local laws. IX. PRINCIPAL CONTACTS. The United States representative for this Cooperative Agreement is: Joseph R. DelVecchio State Conservationist Natural Resources Conservation Service on behalf of the Commodity Credit Corporation 441 S. Salina Street—5th Floor, Suite 354 Syracuse,New York 13202-2450 Phone Number(315)-477-6504 The Town of Southold representative for this Cooperative Agreement is: Joshua Horton Supervisor Town of Southold 53095 Main Road PO Box 1179 Southold,NY 11971 Phone Number(631) 765-1800 9 IN WITNESS WHEREOF, the following authorized representatives of the United States and the Town of Southold have executed this Cooperative Agreement. THE Town of Southold By: Supervisor Joshua Y. Horton Town of So old UNITED STATES OF AMERICA COMMODITY CREDIT CORPORATION L -JL�'L— BY0 S ate Conservationist 4 10 i P Attachment A List of Pending Conservation Easement Offers Priority Landowner Parcel(s)Acres Easement Estimated Fed. Name(s) Identification Type Price Share 1. Rutkowski Farm 27.7 Perpetual $554,000 $277,000 2. Elak Farm 27.0 Perpetual $540,000 $270,000 3. Simon Farm 32.1 Perpetual $577,000 $288,900 4. Adamowicz Farm 40.0 Perpetual $800,000 $400,00 5. Damianos Farm 21.7 Perpetual $434,000 $217,000 11