Agenda - 06-07-2005-5e - Laserfiche WebLink

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In the event of noncompliance with the conservation plan,NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time,not to exceed twelve months, to take corrective action. If the Grantor does not comply with the conservation plan,NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action)to secure compliance with the conservation plan following written notification from NRCS that(a)there is a substantial,ongoing event or circumstance of non-compliance with the conservation plan, (b)NRCS has worked with the Grantor to correct such noncompliance,and(c)Grantor has exhausted its appeal rights under applicable NRCS regulations If the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress,NRCS will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 5. where parcels are being enrolled in FRPP based on historical and archaeological resources, a paragraph identifying standards and guidelines for treatment and maintenance of these resources is required within the deed. These guidelines should be based on the Secretary of Interior's Standards and Guidelines for Historic Preservation. Orange County will ensure that title restriction to protect any historical and archaeological structure(s) is appended to the deed and included in any succeeding transfers; and 6, include the following"Contingent Right in the United States of America"provision where title is held by Orange County: "In the event that Orange County fails to enforce any of the terms of this easement[or other interests in land],as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law In the event that Orange County attempts to terminate,transfer,or otherwise divest itself of any rights, title,or interests of this easement[or other interests in land] or extinguish the conservation easement without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then,at the option of such Secretary,all right,title, and interest in this easement[or other interests in land]shall become vested in the UNITED STATES OF AMERICA" * include provisions regarding the amount of impervious surfaces permitted on the Property, in accordance with the Conservation Programs Manual, Part 519. * include signature of a responsible NRCS official on the Conservation deed, accepting the United States' property interest in the deed. B. Unless otherwise agreed to by the Parties, Orange County shall hold title to any conservation easement. However, title may be held by the United States at the request of the Secretary of Agriculture, upon mutual agreement of the Parties, or when the United States exercises its contingent right.