S Grant Agreement - Acceptance of Two Grants for Purchasing a Conservation Easement at the Breeze Farm

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4. Orange County shall incorporate into each Conservation Easement Deed in which CCC funds are used as part of the acquisition the permitted/prohibited uses set forth in Part VIII if this Cooperative Agreement. 5. Prior to payment certification, Orange County shall ensure that all lands for which a conservation easement has been acquired will have a conservation plan, as described in Part VIII of this Cooperative Agreement. 6. Except as expressly authorized by NRCS, Orange County shall prohibit all non- agricultural uses of the encumbered properties, except for recreational uses, such as hiking, hunting, fishing, boating, and horseback riding to the extent those activities do not conflict with the purpose of Section 2401 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110 - 234). 7. At a minimum, Orange County shall monitor FRPP Protected Properties on an annual basis to ensure that the Conservation Easement Deeds are being implemented according to the deed provisions. An annual report of the status of acquired Conservation Easements and Conservation Easements pending acquisition will be submitted to the NRCS representative at the State level. The NRCS representative will define the format of this report. 8. In acquiring conservation easements, Orange County shall ensure that the title to the lands or interests therein shall be unencumbered or, if encumbered by outstanding or reserved interests, Orange County shall ensure that any outstanding interests are subordinated to the Conservation Easement Deed or that any exceptions from this subordination requirement are approved by the NRCS and are consistent with the purposes of the Farm and Ranch Lands Protection Program. Orange County shall provide to NRCS a copy of the title commitment or title report 90 days before the intended closing date and any other requested documentation related to title so that OGC may issue a title opinion for the United States prior to closing. Orange County shall assure that proper title evidence is secured. 9. Orange County shall have an appraisal conducted on the Protected Property prior to NRCS accepting an interest in the Conservation Easement. The appraisal shall be conducted by a certified general appraiser and shall conform to the Uniform Standards of Professional Appraisals Practices OR the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 2000. 10. Orange County shall not use FRPP funds to place an easement on a property in which an Orange County employee or board member, with decision making involvement in matters related to easement and acquisition and management, has a property interest. Orange County shall not use FRPP funds to place an easement on a property in which a person who is an immediate family member or household member of an employee or board member, with decision- making involvement in matters related to easement acquisition and management, has a property interest. Further, Orange County agrees to generally conduct itself in a manner so as to protect the integrity of conservation easement deeds which it holds as well as avoid the appearance of 12