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

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TEMPLATE 09/13/02 ~ 4. Non-governmental organizations shall continue to meet the requirements specified in Title II, Subtitle F, Section 2503 of the Farm Security and Rural Investment Act of 2002. The Act states that eligible organizations are "any organization that (A) is organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; (B) is an organization described in section 501(c)(3) of that Code that is exempt from taxation under 501 (a) of that Code; (C) is described in section 509 (a)(2) of that Code; or (D) is described in section 509(a)(3) of that Code and is controlled by an organization described in section 509 (a)(2) of that Code." 5. Orange County shall incorporate into each deed in which CCC funds are used as part of the acquisition the "Contingent Right in the United States of America" provision described in Part V of this Cooperative Agreement, as well as the other required clauses set forth in Part V Section AS of this Cooperative Agreement. 6. Prior to payment certification, Orange County shall ensure that all lands for which a conservation easement or other interest in land has been acquired will have a conservation plan, as described in Part VI of this Cooperative Agreement 7. Orange County shall prohibit all non-agricultural uses of the encumbered properties, excluding recreational uses, such as hiking, hunting, fishing, boating, horseback riding that will not conflict with the purpose of Section 2503 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107 -171.) 8. Orange County shall monitor FPP parcels on at least an annual basis to ensure that the conservation easement is being implemented according to the deed provisions. 9. In acquiring conservation easements or other interests in land, 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 interest are subordinated to the conservation easement. Orange County shall assure that proper title evidence is secured and that the title of the interest acquired by the United States is insured to the amount of the CCC price paid for the United States interest. Orange County shall ensure that American Land Title Association (ALTA) title insurance will be issued for all acquisitions, and that the title insurance company complies with all state laws, including title insurance and reserve requirements, and is approved by the State Insurance Commissioner. In the event of a failure of title, Orange County will reimburse the United States for the amount paid by CCC, less any amount paid to the United States from title insurance. 10. Orange County shall ensure that the consideration paid to any landowners for the conveyance to Orange County of any conservation easements or other interests in lands is no more than the fair market value of the land or interests conveyed. Prior to cooperative agreement 6