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2002 S EDC - Cooperative Agreement Between the USA Commodity Credit Corporation and OC for the Farmland Protection Program
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2002 S EDC - Cooperative Agreement Between the USA Commodity Credit Corporation and OC for the Farmland Protection Program
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Last modified
11/16/2017 2:47:14 PM
Creation date
11/16/2017 2:46:08 PM
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BOCC
Date
9/17/2002
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
6c
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Agenda - 09-17-2002 - 6c
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\Board of County Commissioners\BOCC Agendas\2000's\2002\Agenda - 09-17-2002
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n3- q ooh <br /> 4.Non-governmental organizations shall continue to meet the requirements specified in <br /> Title H, Subtitle F, Section 2503 of the Farm Security and Rural Investment Act of 2002. The <br /> Act states that eligible organizations are"any organization that— <br /> (A)is organized for, and at all times since the formation of the organization has been <br /> operated principally for, 1 or more of the conservation purposes specified in clause <br /> (i), (ii), (iii), or(iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; <br /> (B)is an organization described in section 501(c)(3) of that Code that is exempt from <br /> taxation under 501 (a) of that Code; <br /> (C)is described in section 509 (a)(2) of that Code; or <br /> (D)is described in section 509(a)(3) of that Code and is controlled by an organization <br /> described in section 509 (a)(2) of that Code." <br /> 5. Orange County shall incorporate into each deed in which CCC funds are used as part of <br /> the acquisition the "Contingent Right in the United States of America"provision described in <br /> Part V of this Cooperative Agreement, as well as the other required clauses set forth in Part V <br /> Section A5 of this Cooperative Agreement. <br /> 6. Prior to payment certification, Orange County shall ensure that all lands for which a <br /> conservation easement or other interest in land has been acquired will have a conservation plan, as <br /> described in Part VI of this Cooperative Agreement. <br /> 7. Orange County shall prohibit all non-agricultural uses of the encumbered properties, <br /> excluding recreational uses, such as hiking,hunting, fishing,boating, horseback riding that will <br /> not conflict with the purpose of Section 2503 of the Farm Security and Rural Investment Act of <br /> 2002 (Pub. L. 107– 171.). <br /> 8. Orange County shall monitor FPP parcels on at least an annual basis to ensure that the <br /> conservation easement is being implemented according to the deed provisions. <br /> 9. In acquiring conservation easements or other interests in land, Orange County shall <br /> ensure that the title to the lands or interests therein shall be unencumbered or, if encumbered by <br /> outstanding or reserved interests, Orange County shall ensure that any outstanding interest are <br /> subordinated to the conservation easement. Orange County shall assure that proper title evidence <br /> is secured and that the title of the interest acquired by the United States is insured to the amount <br /> of the CCC price paid for the United States interest. Orange County shall ensure that American <br /> Land Title Association(ALTA) title insurance or other title insurance company doing business in <br /> North Carolina and approved by NRCS will be issued for all acquisitions, and that the title <br /> insurance company complies with all state laws, including title insurance and reserve <br /> requirements, and is approved by the State Insurance Commissioner. In the event of a failure of <br /> title, Orange County will reimburse the United States for the amount paid by CCC, less any <br /> amount 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 or other interests in lands is no <br /> more than the fair market value of the land or interests conveyed. Prior to cooperative agreement <br /> 6 <br />
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