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2010-138 DEAPR - Acceptance of Two Grants for Purchasing a Conservation Easement at the Breeze Farm
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2010-138 DEAPR - Acceptance of Two Grants for Purchasing a Conservation Easement at the Breeze Farm
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Last modified
5/14/2018 4:09:11 PM
Creation date
8/4/2010 12:10:16 PM
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Contract
Date
7/23/2010
Contract Starting Date
8/11/2009
Contract Ending Date
3/30/2013
Contract Document Type
Contract Amendment
Agenda Item
4e
Amount
$172,000.00
Document Relationships
Agenda - 06-15-2010 - 4e
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\Board of County Commissioners\BOCC Agendas\2010's\2010\Agenda - 06-15-2010 - Regular Mtg.
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specifying the CCC share and the non-CCC share of the Conservation Easement cost; (7) term of <br />conservation easement; (8) acres acquired for each Conservation Easement; (9) Tax <br />Identification Number (TIN) for Orange County; (10) Federal Information Processing Standards <br />(FIPS) number for Orange County; (11) bank routing number and account number for desired <br />deposit location; (12) copy of the recorded Conservation Easement Deed(s) for each easement; <br />(13) NRCS CPA-230, Confirmation of Matching Funds for each easement; and (14) a copy of <br />the ALTA title insurance policy for each Conservation Easement. <br />VIII. CONSERVATION EASEMENT REQUIREMENTS. <br />Orange County shall ensure that conservation easements acquired under this agreement: <br />1. run with the land in perpetuity or the maximum allowable under State law, where <br />State law prohibits a permanent easement. <br />2. protect agricultural use and related conservation values by limiting non-agricultural <br />uses of the land; <br />3. provide for the administration, management, and enforcement of the easement by <br />Orange County; <br />4. require management of highly erodible land on the property in accordance with a <br />conservation plan that is developed utilizing the standards and specifications of the <br />NRCS field office technical guide, 7 CFR part 12. The following paragraphs shall be <br />shall be included in all Conservation Easements acquired using FRPP funds: <br />As required by section 1238I of the Food Security Act of 1985, as amended, the Grantor, his heirs, <br />successors, or assigns, shall conduct all agricultural operations on highly erodible land on the Protected <br />Property in a manner consistent with a conservation plan prepared in consultation with NRCS and the <br />Conservation District. This conservation plan shall be developed using the standards and specifications <br />of the NRCS Field Office Technical Guide and 7 CFR part 12 that are in effect on the date of this <br />Conservation Easement Deed. However, the Grantor may develop and implement a conservation plan <br />that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical <br />Guide standards and specifications. NRCS shall have the right to enter upon the Protected Property, <br />with advance notice to the Grantor, in order to monitor compliance with the conservation plan. <br />In the event of noncompliance with the conservation plan, NRCS shall work with the Grantor to <br />explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve <br />months, to take corrective action. If the Grantor does not comply with the conservation plan, NRCS <br />will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps <br />(including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure <br />compliance with the conservation plan following written notification from NRCS that (a) there is a <br />substantial, ongoing event or circumstance ofnon-compliance with the conservation plan, (b) NRCS <br />has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal <br />rights under applicable NRCS regulations. <br />If the NRCS standards and specifications for highly erodible land are revised after the date of this <br />Conservation Easement Deed based on an Act of Congress, NRCS will work cooperatively with the <br />Grantor to develop and implement a revised conservation plan. The provisions of this section apply to <br />the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program <br />6 <br />
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