2002 NS Agreement Cooperative Agreement – Acceptance of USDA Grant for Farmland Easements

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TEMPLATE 09/13/02 1 WHEREAS, Orange County 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 NRCS; and WHEREAS, Orange County administers a farmland protection prograrn, and has pending offers for acquiring agricultural conservation easements from landowners within the County, and the United States and Orange County 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 $784,155 for the acquisition of United States' interests in conservation easements or other interests in land. Orange County 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 Orange County 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 County 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 Orange County to purchase all or any of the conservation ea~ements 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 Orange County 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