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Agenda - 06-07-2005-5e
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Agenda - 06-07-2005-5e
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Last modified
11/16/2017 2:35:54 PM
Creation date
8/29/2008 10:28:56 AM
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BOCC
Date
6/7/2005
Document Type
Agenda
Agenda Item
5e
Document Relationships
Minutes - 20050607
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2005
NS - Grant -Grant from the Federal Farm & Ranch Land Protection Program for Agricultural Conservation
(Message)
Path:
\Board of County Commissioners\Contracts and Agreements\BOCC Grants\2000 - 2009\2005\2005 Grants
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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)NRCS 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 />
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