2010-010 DEAPR - NC Dept of Ag & Consumer Services - Breeze Farm

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• 4. Grantee's Duties: The Grantee shall conduct activities as described in Attachment B, Scope of Work, and in accordance with the approved budget in Attachment C and the approved timeline in Attachment D. In addition, the Grantee shall complete the activities as specified below. a. The Grantee shall be responsible for the acquisition of all permits and licenses required in the performance of the aforementioned activities as described in the Scope of Work and for ensuring compliance with all applicable Federal, State, county, and local regulations. b. The Grantee shall provide the Agency with a draft. "Conservation Easement." The Grantee shall include the Conservation Easement Required Content, Attachment E, in this draft "Conservation Easement" and in the final "Conservation Easement." The final "Conservation Easement" must meet with Agency approval to remain eligible for funding. c. The Grantee shall provide the Agency with two certified copies of the fully executed and properly recorded "Conservation Easement." Prior to the receipt of these required documents, the Agency shall pay to the Grantee no more than $25,000. Upon receipt of the two copies of the fully executed and properly recorded "Conservation Easement," the Agency shall pay to the Grantee all remaining funds less 20% of the awarded grant amount (refer to Line "e" of Grantee's Duties). d. The Grantee shall provide the Agency with easement documentation reports, a copy of the title opinion, a copy of .the land survey, and quarterly progress reports, both financial- and programmatic. In-kind and cash match shall be apart of the required frnancial reports, and documentation of the reported match shall be included with the reports. Documents shall be in the form of individual time sheets that have been signed by the individual employee and approved by the appropriate supervisor, travel logs and invoices for in-kind match; copies of checks, bank deposits and fund transfers for cash match. Other types of documents may be acceptable with the approval of the Contract Administrator. e. The Grantee shall also submit a final grant report. Included in the final report, the Grantee shall provide an accounting of final match claimed by the Grantee to fulfill the match requirement mandated under N.C.G.S. 106-744 (c2). The Agency will retain 20% of the grant amount until this final report, including cash match and in- kind documentation, is received and approved by the Agency. f. The Grantee shall complete all reports in a prescribed format, which shall be provided by the Agency. Reports and required documentation must be up-to-date in order for the Grantee to receive payments. g. After recording the "Conservation Easement" in the Register of Deeds Office, the Grantee shall annually notify the landowner and conduct a monitoring visit to the property to ensure that the easement agreement is being upheld. If structures are permitted under the easement, the Grantee shall review plans and monitor construction for compliance with the plans. In the event of a violation, the Grantee shall require voluntary correction, and if necessary, take legal action to enforce the easement. The Grantee shall report its monitoring findings to the Agency on an annual basis, by completing an "Annual Monitoring and Reporting Form," which will be provided to the Grantee by the Agency. Should the "Annual Monitoring and Reporting Form" be made available to the Grantee in electronic format, the Grantee shall complete the forms and submit them electronically on an annual basis, and not later than December 31 of each year of the "Conservation Easement." The Grantee shall notify the Agency within two weeks of the discovery date of any violations and of any non-compliance issues and provide the Agency with corrective action to be taken. h. All publicity and printed materials regarding projects or activities supported in whole or in part by this grant shall contain the following language: "This project received support from the NC ADFP Trust Fund." The NC ADFP Trust Fund logo (digital versions of which aan be downloaded from the NC ADFP Trust Fund website at www.ncadfp.org) shall be displayed in all of the Grantee's publicity and printed materials relating to this grant. i. With easement purchases, the Grantee shall ensure that 153 acres are placed under an agricultural easement with no more than a 5% variance in recorded easement acreage without prior written approval of the Agency. The division of the funds used to purchase the agricultural easement from matching resources and Agency resources must be maintained as noted in Attachment C. 5. Agency's Duties: The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract Documents. The total amount .paid by the Agency to the Grantee under this Contract shall not exceed $150,000. This amount consists of $150,000 in State funds. [ ] a. There are no matching requirements from the Grantee. [X] b. The Grantee's matching requirement is $45,000, which shall consist of: MS&NCD Form 0009A Grant Cover Sheet. Eff. 9/2005 Revised 5/06, 7/07, 7/10 CE Revised 02/09 Page 2 of 5