Orange County NC Website
10 <br />Orange County will reimburse the United States for the amount paid by CCC, less any amount <br />paid to the United States from title insurance. <br />10. Orange County shall ensure that the consideration paid to any landowners for the <br />conveyance to Orange County of any conservation easements is no more than the fair market <br />value of the land conveyed. Prior to cooperative agreement signatures, a copy of Orange County <br />current appraisal policy and standards shall be provided to NRCS. Prior to NRCS accepting an <br />interest in the easement, an appraisal shall be conducted on the Property and Orange County will <br />notify the landowner of the fair market value of the conservation easement, ascertained using an <br />appraisal purchased by Orange County. The appraisal shall conform to the Uniform Standards of <br />Professional Appraisals Practices or the Uniform Appraisal Standards for Federal Land <br />Acquisitions (Interagency Land Acquisition Conference, 1992. <br />11. Orange County shall certify payment(s) received by submitting a transmittal letter that <br />references; (i) the cooperative agreement number; (ii) the conservation easement number and <br />landowner name; (iii) the landowner's tax identification or social security number; (iv) total <br />amount of dollars paid or to be paid to the landowner for the conservation easement, specifying <br />the CCC share and the non-CCC share of the conservation easement cost; (v) acres acquired; (vi) <br />a copy of the recorded deed containing the contingent right clause and conservation easement <br />paragraphs as described in Part VI of this Agreement; (vii) MRCS CPA-230, Confirmation of <br />Matching Funds; and (viii) date when NRCS payment was received. Certification of payment for <br />all conservation easements acquired must occur on or before September 30, 2007. <br />12. Orange County shall not use FRPP funds to place an easement on a property in which <br />Orange County employee or board member, with decision making involvement in matters related <br />to easement and acquisition and management, has a property interest. Orange County shall not <br />use FRPP funds to place an easement on a property in which a person who is an immediate <br />family member or household member of an employee or board member, with decision making <br />involvement in matters related to easement acquisition and management, has a property interest. <br />Further, Orange County agrees to generally conduct itself in a manner so as to protect the <br />integrity of conservation easement deeds that it holds as well as avoid the appearance of <br />impropriety or actual conflicts of interests in its acquisition and management of conservation <br />easements. <br />13. Orange County agrees that it will not at any time, when Orange County is named as a <br />Grantee on the conservation easement deed, seek to acquire the remaining fee interest in the <br />Property unless the conservation easement deed for this Property, the fee interest of which is to <br />be acquired by Orange County, expressly provides that the terms of the conservation easement <br />survive any merger of the fee and easement interests in the Property. In the event Orange County <br />acquires the fee simple title to the Property, Orange County, with approval of the United States, <br />must transfer the conservation easement to a public agency or qualified non-profit organization <br />under Section 170(h) or successor provision of the Internal Revenue Code, prior to acquiring the <br />fee title. Likewise, if Orange County enters into an agreement with another entity to <br />manage/monitor the conservation easement, and the entity seeks to acquire the underlying fee, <br />