HomeMy WebLinkAbout2010-010 DEAPR - NC Dept of Ag & Consumer Services - Breeze Farm-Please return this copy~to
STATE OF NORTH CAROL~rv1Hk to the Board's.office for PAF
County of Wake
Departmental Use Only
Center:
Account:
Co Code:
CDFA#/Other:
North Carolina Department of Agriculture and Consumer Services
NC Agricultural Development and F rmland Preservation Trust Fund
Contract # ~I y'U~ ~~~I, ~.D ~ ~ ~~
This Contract is hereby entered into by and between the North Carolina Department of Agriculture and Consumer
Services (Agency), NC Agricultural Development and Farmland Preservation Trust Fund, and Orange County (Grantee).
The Grantee's federal tax identification number is 56-6000327. The Grantee is physically located in Orange County and is
further located at 306 Revere Road, Hillsborough, NC. Financial assistance provided to the grantee under this contract is
for the Breeze Farm Easement and for agricultural development to foster the growth, development, and sustainability of
family farms.
The Grantee's fiscal year begins July 1 and ends June 30.
The primary performance of this Contract shall take place in Orange County. The county (ies) of benefit include: Orange
County. The Grantee's URL is located at www.co.orange.nc.us/ercd/index.asp
On an annual basis, the Agency may extend this Contract, in writing by the Agency, for the purposes of a time extension
and to incorporate any other changes that may be appropriate due to changes in applicable rules and regulations,
policies, and procedures.
1. Contract Documents: This Contract consists of the following documents:
a. This Contract
b. The General Terms and Conditions (Attachment A)
c. The Scope of Work (Attachment B)
d. The Budget (Attachment C)
e. The Project Timeline (Attachment D)
f. The Conservation Easement Content (Attachment E)
k. NC Openbook Information (Attachment F)
I. Performance Measures (Attachment G)
These documents constitute the entire agreement between the Parties and supersede all prior oral or written
statements or agreements.
2. Precedence Among Contract Documents:
In the event of a conflict between or among the terms of the Contract Documents, the terms in the Contract Document
with the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed
in Paragraph 1, above, with the first-listed document having the highest precedence and the last-listed document
having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment shall have
the highest precedence and the oldest amendment shall have the lowest precedence.
3. Effective Period:
This Contract shall be effective on July 1, 2010, and shall terminate on June 30, 2012, with the option to extend, if
mutually agreed upon, through a written amendment as provided for in the General Terms and Conditions as
described in Attachment A.
MS&NCD Form 0009A Grant Cover Sheet CE
Eff. 9/2005 Revised 02/09
Revised 5/06, 7/07, 7/10 Page 1 of 5
• 4. Grantee's Duties:
The Grantee shall conduct activities as described in Attachment B, Scope of Work, and in accordance with the
approved budget in Attachment C and the approved timeline in Attachment D. In addition, the Grantee shall complete
the activities as specified below.
a. The Grantee shall be responsible for the acquisition of all permits and licenses required in the performance of the
aforementioned activities as described in the Scope of Work and for ensuring compliance with all applicable
Federal, State, county, and local regulations.
b. The Grantee shall provide the Agency with a draft. "Conservation Easement." The Grantee shall include the
Conservation Easement Required Content, Attachment E, in this draft "Conservation Easement" and in the final
"Conservation Easement." The final "Conservation Easement" must meet with Agency approval to remain eligible
for funding.
c. The Grantee shall provide the Agency with two certified copies of the fully executed and properly recorded
"Conservation Easement." Prior to the receipt of these required documents, the Agency shall pay to the Grantee
no more than $25,000. Upon receipt of the two copies of the fully executed and properly recorded "Conservation
Easement," the Agency shall pay to the Grantee all remaining funds less 20% of the awarded grant amount (refer
to Line "e" of Grantee's Duties).
d. The Grantee shall provide the Agency with easement documentation reports, a copy of the title opinion, a copy of
.the land survey, and quarterly progress reports, both financial- and programmatic. In-kind and cash match shall be
apart of the required frnancial reports, and documentation of the reported match shall be included with the
reports. Documents shall be in the form of individual time sheets that have been signed by the individual
employee and approved by the appropriate supervisor, travel logs and invoices for in-kind match; copies of
checks, bank deposits and fund transfers for cash match. Other types of documents may be acceptable with the
approval of the Contract Administrator.
e. The Grantee shall also submit a final grant report. Included in the final report, the Grantee shall provide an
accounting of final match claimed by the Grantee to fulfill the match requirement mandated under N.C.G.S.
106-744 (c2). The Agency will retain 20% of the grant amount until this final report, including cash match and in-
kind documentation, is received and approved by the Agency.
f. The Grantee shall complete all reports in a prescribed format, which shall be provided by the Agency. Reports
and required documentation must be up-to-date in order for the Grantee to receive payments.
g. After recording the "Conservation Easement" in the Register of Deeds Office, the Grantee shall annually notify the
landowner and conduct a monitoring visit to the property to ensure that the easement agreement is being upheld.
If structures are permitted under the easement, the Grantee shall review plans and monitor construction for
compliance with the plans. In the event of a violation, the Grantee shall require voluntary correction, and if
necessary, take legal action to enforce the easement. The Grantee shall report its monitoring findings to the
Agency on an annual basis, by completing an "Annual Monitoring and Reporting Form," which will be provided to
the Grantee by the Agency. Should the "Annual Monitoring and Reporting Form" be made available to the
Grantee in electronic format, the Grantee shall complete the forms and submit them electronically on an annual
basis, and not later than December 31 of each year of the "Conservation Easement." The Grantee shall notify the
Agency within two weeks of the discovery date of any violations and of any non-compliance issues and provide
the Agency with corrective action to be taken.
h. All publicity and printed materials regarding projects or activities supported in whole or in part by this grant shall
contain the following language: "This project received support from the NC ADFP Trust Fund." The NC ADFP
Trust Fund logo (digital versions of which aan be downloaded from the NC ADFP Trust Fund website at
www.ncadfp.org) shall be displayed in all of the Grantee's publicity and printed materials relating to this grant.
i. With easement purchases, the Grantee shall ensure that 153 acres are placed under an agricultural easement
with no more than a 5% variance in recorded easement acreage without prior written approval of the Agency. The
division of the funds used to purchase the agricultural easement from matching resources and Agency resources
must be maintained as noted in Attachment C.
5. Agency's Duties:
The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract Documents. The total
amount .paid by the Agency to the Grantee under this Contract shall not exceed $150,000. This amount consists of
$150,000 in State funds.
[ ] a. There are no matching requirements from the Grantee.
[X] b. The Grantee's matching requirement is $45,000, which shall consist of:
MS&NCD Form 0009A Grant Cover Sheet.
Eff. 9/2005
Revised 5/06, 7/07, 7/10
CE
Revised 02/09
Page 2 of 5
[ ] In-kind [ ]Cash
[ ]Cash and In-kind [ X ] Cash and/or In-kind
The total contract amount is $195;000.
6. Conflict of Interest Policy:
The Agency has determined that the Grantee is a governmental entity and is; therefore, ,not subject to N.C.G.S. 143C-
6-23(c).
7. 7. Statement of No Overdue Tax Debts:
The Agency has determined that the Grantee is a governmental entity and is; therefore, not subject to N.C.G.S. 143C-
6-23(c).
8. Reversion of Unexpended Funds:
Any unexpended grant funds shall revert to the Agency upon termination of this Contract.
9. Reporting Requirements:
The Agency has determined that the Grantee reports to the Local Government Commission and is; therefore, not
subject to the reporting requirements mandated by N.C.G.S. 143C-6-23.
10. Payment Provisions:
The Agency shall make no more than three installment payments to the Grantee. In accordance with Paragraph 4,
Line c, the Agency shall pay to the Grantee no more than $25,000 upon final execution of this Contract. Thereafter, all
"Request for Payment" forms shall be supported by appropriate invoices, or other types of billing documents as may
be required by the Agency. In order to receive remaining funds, the Grantee may select one of the options described
below:
a. The Grantee may request from the Agency all remaining funds less 20% of the awarded grant amount (refer
to Paragraph 4, Line e) upon the Grantee's submission of a properly recorded and fully executed
Conservation Easement. At a later date, but prior to the expiration date of the contract, the Grantee may
request the final payment, which is the remaining 20% of the awarded grant amount, upon the Grantee's
submission of a final grant report and a completed "Request for Payment" form. This final payment shall be
contingent upon the final report being deemed compliant with the Agency's reporting specifications and the
Grantee's approved budget, as well as all supporting documentation being determined to be sufficient
evidence of expenditures for which final payment is being requested. Final payment shall not be made until
all supporting documents for all expenditures and match requirements, covering the entire contract period,
have been deemed satisfactory by the Contract Administrator.
b. The Grantee may request from the Agency all remaining funds upon the Grantee's submission of a properly
recorded and fully executed Conservation Easement and of a final grant report and a completed "Request for
Payment" form. This final payment shall be contingent upon the final report being deemed compliant with the
Agency's reporting specifications and the Grantee's approved budget, as well as all support documentation
being determined to be sufficient evidence of expenditures for which final payment is being requested. Final
payment shall not be made until all supporting documents for all expenditures and match requirements,
covering the entire contract period, have been deemed satisfactory by the Contract Administrator.
Upon expiration of the contract, the Grantee shall have 60 days from the expiration date to pay out any encumbrances
made in accordance with its approved budget. Should the Grantee have unspent funds remaining at the end of the
60-day period, these unspent funds shall be immediately returned to the Agency and in no event later than 5 business
days after the end of the 60-day period of time. Under no circumstances shall the Grantee encumber or expend funds
provided under this contract after the contract expiration date.
If this Contract is terminated prior to the original end date, all unexpended funds shall be.returned by the Grantee to
the Agency within 60 days of the contract termination date. The Grantee shall also provide the Agency with a final
report, in a format provided by the Agency, ,within 60 days of the contract termination date. If the Contract
Administrator, based on the Grantee's final report, determines that final expenditures have been made that are not in
MSBNCD Form 0009A Grant Cover Sheet
Eff. 9/2005
Revised 5/06, 7/07, 7/10
CE
Revised 02/09
Page 3 of 5
accordance with the Grantee's approved budget, the Grantee shall also return that portion of funds to the Agency
immediately.
The Grantee shall submit all requests for payment for the month of June, relating to this contract period, to the Agency
no later than June 10. All payments are contingent upon fund availability.
Payment shall be made in accordance with the Contract Documents as described in the Scope of Work, Attachment
B.
Expenditures incurred prior to the submission and final execution of the Contract by the Agency are deemed to be
unallowable expenditures, and therefore, will not be reimbursed.
All matching funds, including in-kind and cash, must be spent concurrently with funds provided by this Contract.
Both types of matching funds expended shall be accounted for on Request for Reimbursement forms, and support
documentation for all matching expenditures shall be included with the forms.
All travel reimbursements shall be made in accordance with the current State rates, at the time of the expenditure,
and shall be made in accordance with the "State Budget Manual".
Indirect costs are not allowable expenditures under this Contract.
11. Contract Administrators:
All notices permitted or required to be given by one Party to the other and all questions about the contract from one
Party to the other shall be delivered to the other Party's Contract Administrator by United States mail, postage
prepaid, and addressed as set out below. Notice will be deemed to be received on the date it is actually delivered to
the receiving party.-The name, post office address, street address, telephone number, fax number, and email address
of the Parties' respective initial Contract Administrators are set out below. Either Party may change the name, post
office address, street address, telephone number, fax number, or email address of its Contract Administrator by giving
timely written notice to the other Party.
For the Agency:
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
NC Department of Agriculture and Consumer Services NC Department of Agriculture and Consumer Services
ADFP Trust Fund ADFP Trust Fund
1001 Mail Service Center 2 West Edenton Street
Raleigh, NC 27699-1001 Raleigh, NC 27601
Telephone (919) 715-1206
Fax (919) 715-1204
Email ncadf nca r. ov
For the Grantee:
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Rich Shaw, Land Conservation .Manager
P.O. Box 8181 306 Revere Road (Agricultural Building)
Hillsborough, NC 27278 Hillsborough, NC 27278
Telephone (919) 245-2514
Fax (919) 644-3351
Email rshaw co.oran e.nc.us dstancil co.oran e.nc.us
12. Supplementation of Expenditure of Public Funds:
The Grantee assures that funds received pursuant to this Contract shall be used only to supplement, not to supplant,
the total amount of federal, state and local public funds that the Grantee will otherwise expend for its conservation
MS&NCD Form 0009A Grant Cover Sheet CE
Eff. 9/2005 Revised 02/09
Revised 5/06, 7/07, 7/10 Page 4 of 5
easement. Funds received under this Contract shall be used to provide additional public funding for this project; the
funds shall not be used to reduce the Grantee's total expenditure of other public funds for its conservation easement.
13. Disbursements:
As a condition of this Contract, Grantee acknowledges and agrees to make disbursements in accordance with the
following requirements:
a. Implement adequate internal controls over disbursements;
b. Pre-audit all vouchers presented for payment to determine:
• Validity and accuracy of payment
• Payment due date
• Adequacy of documentation supporting payment
• Legality of disbursement
c. Assure adequate control of signature stamps/plates;
d. Assure adequate control of negotiable instruments; and
e. Implement procedures to insure that account balance is solvent and reconcile the account monthly.
14. Outsourcing:
The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been outsourced to
other countries, if any. Grantee further agrees that it will not outsource any such jobs during the term of this Contract
without providing notice to the Agency.
15. Executive Order 24
"N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any Department of Agriculture and
Consumer Services employee of any gift from anyone with a contract with the Department, or from any person
seeking to do business with the Department. By execution of any response in this procurement, you attest, for your
entire organization and its employees or agents, that you are not aware that any such gift has been made, offered, or
promised by any employee of your organization."
MS&NCD Form 0009A Grant Cover Sheet CE
Eff. 9/2005 Revised 02/09
Revised 5106, 7/07, 7/10 Page 5 of 5
16. Signature Warranty:
The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement.
In Witness Whereof, the Gr tee and the Agency have executed this Contract in duplicate originals, with one original
being retained b each pa
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MS&NCD Form 0009A Grant Cover Sheet CE
Eff. 9/2005 Revised 02/09
Revised 5/06, 7/07, 7/10 ~ Page 6 of 5
_ _
PUBLIC SECTOR CONTRACTS
Attachment A
General Terms and Conditions
Relationships of the Parties
Independent Contractor: The Grantee is and shall be
deemed to be an independent Contractor in the
performance of this Contract and as such shall be wholly
responsible for the work to be performed and for the
supervision of its employees. The Grantee represents
that it has, or shall secure at its own expense, all
personnel required in performing the services under this
agreement. Such employees shall not be employees of,
or have any individual contractual relationship with, the
Agency.
Subcontracting: The Grantee shall not subcontract any
of the work contemplated under this Contract without
prior written approval from the Agency. Any approved
subcontract shall be subject to all conditions of this
Contract. Only the subcontractors or subgrantees
specified in the Contract documents are to be
considered approved upon award of the Contract. The
Agency shall not be obligated to pay for any work
performed by any unapproved subcontractor or
subgrantee. The Grantee shall be responsible for the
performance of all of its subgrantees and shall not be
relieved of any of the duties and responsibilities of this
Contract.
subgrantees: The Grantee has the responsibility to
ensure that all subgrantees, if any, provide all
information necessary to permit the Grantee to comply
with the standards set forth in this Contract.
Assignment: No assignment of the Grantee's
obligations or the Grantee's right to receive payment
hereunder shall be permitted. However, upon written
request approved by the issuing purchasing authority,
the State may:
(a) Forward the Grantee's payment check(s) directly
to any person or entity designated by the
Grantee, or
(b) Include any person or entity designated by
Grantee as a joint payee on the Grantee's
payment check(s). In no event shall such
approval and action obligate the State to anyone
other than the Grantee and the Grantee shall
remain responsible for fulfillment of all Contract
obligations.
Beneficiaries: Except as herein specifically provided
otherwise, this Contract shall inure to the benefit of and
be binding upon the parties hereto and their respective
successors. It is expressly understood and agreed that
the enforcement of the terms and conditions of this
Contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the Agency and
the named Grantee. Nothing contained in this document
shall give or allow any claim or right of action
whatsoever by any other third person. It is the express
intention of the Agency and Grantee that any such
person or entity, other than the Agency or the Grantee,
receiving services or benefits under this Contract shall
be deemed an incidental beneficiary only.
Indemnity
Indemnification: The Grantee agrees to indemnify and
hold harmless the Agency, the State of North Carolina,
and any of their officers, agents and employees, from
any claims of third parties arising out of any act or
omission of the Grantee in connection with the
performance of this Contract to the extent permitted by
law.
Default and Termination
Termination by Mutual Consent: The Parties may
terminate this Contract by mutual consent with 60 days
notice to the other. party, or as otherwise provided by
I aw.
Termination for Causer If, through any cause, the
Grantee shall fail to fulfill its obligations under this
Contract in a timely and proper manner, the Agency
shall have the right to terminate this Contract by giving
written notice to the Grantee and specifying the effective
date thereof. In that event, all finished or unfinished
deliverable items prepared by the Grantee under this
Contract shall, at the option of the Agency, become its
property and the Grantee shall be entitled to receive just
and equitable compensation for any satisfactory work
completed on such materials, minus. any payment or
compensation previously made. Notwithstanding the
foregoing provision, the Grantee shall not be relieved of
liability to the Agency for damages sustained by the
Agency by virtue of the Grantee's breach of this
agreement, and the Agency may withhold any payment
due the Grantee for the purpose of setoff until such time
as the exact amount of damages due the Agency from
NGO Form 000962 Grants General Terms and Conditions-Public Sector Entities
Eff. 9/2005; Rev 7/07, 12/09, 4/10 NCDA&CS Page 7 of 4
such breach can be determined. The filing of a petition
for bankruptcy by the Grantee shall be an act of default
under this Contract.
Waiver of Default: Waiver by the Agency of any default
or breach in compliance with the terms of this Contract
by the Grantee shall not be deemed a waiver of any
subsequent default or breach and shall not be construed
to be modification of the terms of this Contract unless
stated to be such in writing, signed by an authorized
representative of the Agency and the Grantee and
attached to the Contract.
Availability of Funds: The parties to this Contract
agree and understand that the payment of the sums
specified in this Contract is dependent and contingent
upon and subject to the appropriation, allocation, and
availability of funds for this purpose to the Agency.
Force Majeure: Neither party shall be deemed to be in
default of its obligations hereunder if and so long as it is
prevented from performing such obligations by any act of
war, hostile foreign action, nuclear explosion, riot,
strikes, civil insurrection, earthquake, hurricane, tornado,
or other catastrophic natural event or act of God.
Survival of Promises: All promises, requirements,
terms, conditions, provisions, representations,
guarantees, and warranties contained herein shall
survive the Contract expiration or termination date
unless specifically provided otherwise herein, or unless
superseded by applicable federal or State statutes of
limitation.
Intellectual Property Rights
Copyrights and Ownership of Deliverables: All
deliverable items produced pursuant to this Contract are
the exclusive property of the Agency. The Grantee shall
not assert a claim of copyright or other property interest
in such deliverables.
Compliance with Applicable Laws
Compliance with Laws: The Grantee shall comply with
all laws, ordinances, codes, rules, regulations., and
licensing requirements that are applicable to the conduct
of its business, including those of federal, state, and
local agencies having jurisdiction and/or authority.
Equal Employment Opportunity: The Grantee shall
comply with all federal and State laws relating to equal
employment opportunity.
Executive Order 24: "In accordance with Executive
Order 24, issued by Governor Perdue, and N.C.G.S.§
133-32, a vendor or contractor (i.e. architect, bidder,
contractor, construction manager, design professional,
engineer, landlord, offeror, seller, ,subcontractor,
supplier, vendor, or grantee), is prohibited from making
gifts or giving favors to any employee of the Department
of Agriculture and Consumer Services. This prohibition
covers those vendors, contractors, and/or grantees who:
(1) have a contract with a governmental agency; or
(2) have performed under such a contract within the past
year; or
(3) anticipate bidding on such a contract in the future.
For additional information regarding the specific
requirements and exemptions, vendors, contractors,
and/or grantees are encouraged to review Executive
Order 24 and N.C.G.S. § 133-32."
Confidentiality
Confidentiality: Any information, data, instruments,
documents, studies or reports given to or prepared or
assembled by the Grantee under this agreement shall be
kept as confidential and not divulged or made available
to any individual or organization without the prior written
approval of the Agency. The Grantee acknowledges that
in receiving, storing, processing or otherwise dealing
with any confidential information it will safeguard and not
further disclose the information except as otherwise
provided in this Contract.
Oversight
Access to Persons and Records: The State Auditor
shall have access to persons and records as a result of
all Contracts or grants entered into by State agencies or
political subdivisions in accordance with N.C.G.S 147-
64.7. Additionally, as the State funding authority, -the
Agency shall have access to persons and records as a
result of all Contracts or grants entered into by State
agencies or political subdivisions.
Record Retention: Records shall not be destroyed,
purged or disposed of without the express written
consent of the Agency. State basic. records retention
policy requires all grant records to be retained for a
minimum of five years or until all audit exceptions have
been resolved, whichever is longer. If the Contract is
subject to Federal policy and regulations, record
retention may be longer than five years since records
must be retained for a period of three years following
submission of the final Federal Financial Status Report,
if applicable, or three years following the submission of a
revised final Federal financial Status Report. Also, if any
litigation, claim, negotiation, audit, disallowance action,
or other action involving this Contract has been started
before expiration of the five-year retention period
described above, the records must be retained until
completion of the action and resolution of all issues
which arise from it, or until the end of the regular five-
year period described above, whichever is later.
NGO Form 000981 Grants General Terms and Conditions-Public Sector Entities
Eff. 9/2005
Revised 7/2007; 7/2008; 4/2010 Page 8 of 5
Miscellaneous
Choice of Law: The validity of this Contract and any of
its terms or provisions, as well as the rights and duties of
the parties to this Contract, are governed by the laws of
North Carolina. The Grantee, by signing this Contract,
agrees and submits, solely for matters concerning this
Contract, to the exclusive jurisdiction of the courts of
North Carolina and agrees, solely for such purpose, that
the exclusive venue for any legal proceedings shall be
Wake County, North Carolina. The place of this
Contract and all transactions and agreements relating to
it, and their situs and furm, shall be Wake County, North
Carolina, where all matters whether sounding in Contract
or tort, relating to the validity, construction, interpretation,
and enforcement shall be determined.
Headings: The Section and Paragraph headings in
these General Terms and Conditions are not material
parts of the agreement and should not be used to
construe the meaning thereof.
Time of the Essence: Time is of the essence in the
performance of this Contract.
Care of Property: The Grantee agrees that it shall be
responsible for the proper custody and care of any
property furnished to it for use in connection with the
performance of this Contract and will reimburse the
Agency for loss of, or damage to, such property. At the
termination of this Contract, the Grantee shall contact
the Agency for instructions as to the disposition of such
property and shall comply with these instructions.
Amendment: This Contract may not be amended orally
or by performance. Any amendment must be made in
written form and executed by duly authorized
representatives of the Agency and the Grantee.
$everability: In the event that a court of competent
jurisdiction holds that a provision or requirement of this
Contract violates any applicable law, each such
provision or requirement shall continue to be enforced to
the extent it is not in violation of law or is not otherwise
unenforceable and all other provisions and requirements
of this Contract shall remain in full force and effect.
Travel Expenses: Reimbursement to the Grantee for
travel mileage, meals, lodging and other travel expenses
incurred in the performance of this Contract shall be
reasonable and supported by documentation. State
rates shall be used. International travel shall not be
reimbursed under this Contract.
Sales/Use Tax Refunds: If eligible, the Grantee and all
subgrantees shall: (a) ask the North Carolina
Department of Revenue for a refund of all sales and use
taxes paid by them in the performance of this Contract,
pursuant to G.S. 105-164.14; and (b) exclude all
refundable sales and use taxes from all reportable
expenditures before the expenses are entered in their
reimbursement reports.
Advertising: The Grantee shall not use the award of
this Contract as a part of any news release or
commercial advertising.
NGO Form 000981 Grants General Terms and Conditions-Public Sector Entities
Eff. 9/2005
Revised 7/2007; 7/2008; 4/2010 Page 9 of 5
Attachment B
THE SCOPE OF WORK
Revised July 7, 2009
Scope of Work
A licant Name: Oran a Coun
A licant Tax Identification Number: 56-6000327
DUNS Number: 091575191
Pro"ect Title: Breeze Farm Easement Phase 2
A. What is the purpose of the project? (250 words or less)
Orange County is working with retired Air Force colonel William Breeze Sr. to protect his family farm
(295 acres) with perpetual conservation easements in two phases. Phase I was completed in April
2008 when the County acquired an easement on 141 acres with matching funds from the USDA Farm
and Ranch Land Protection Program (FRPP) and a partial easement donation by the landowner.
Phase 2 of the project would be a perpetual conservation easement on the 153-acre eastern half of
the farm (Figure 5). Orange County requests $150,000 from the ADFP Trust Fund to purchase the
easement. The County would provide $160,000 in matching funds and will seek $172,000 in federal
matching funds from the FRPP in early 2010. Finally, Colonel Breeze intends to donate up to 20
percent of the easement value ($118,000) as determined by a certified appraisal.
The deed of conservation easement for Phase 2 would have similar terms as the Phase I easement
agreement (subject to ADFP Trust Fund approval). It would allow one future residence and new farm
atructur~s located in a designated "farmstead envelope" identified in Figure 5. Forest management
would also be allowed to help derive future income for the property.
B. What community need(s) will the project serve?. (500 words or less)
The conservation easement would help guarantee that this prime farmland will remain available for
agricultural use in the future, which is especially important in the Triangle Region where farmland is
being converted to other uses, yet there is an ever growing demand for local food products.
Protected farmland provides the community with more certainty, which stimulates investment in local
farm infrastructure.
This project would contribute to larger public-private partnership resulting in 564 contiguous acres of
protected prime farmland in an area with good access to markets and with opportunities to further
agricultural research and education. The planned 153-acre easement is adjacent to 141 acres of the
Breeze farm that was protected with an Orange County conservation easement in April 2008. The
project is also 0.6 miles from the State-owned W.C. Breeze Family Farm Agricultural Extension &
Research Center-a 269-acre farm managed by NC State's Colege of Agriculture and Life Sciences
(Figure 2). Colonel Breeze and his late wife Elizabeth donated the majority of that property to the
University in 2003. The NC State facility includes a small farm."incubator" managed by Orange
County Cooperative Extension and a farm enterprise training program (P.L.A.N.T.) now entering its
third year of operation.
The conservation easement will also help to protect an historic farmstead complex located on the
Breeze Farm. The farm is recognized by the NC Department of Cultural Resources as the proposed
Ray-Kenion National Historic District (National Historic Register Study List). Finally, the protection of
this farmland will contribute to the rural character along this highly scenic section of Schley Road in
northern Orange County (Little River Township).
Page 11 of 23 Easement Application
C. Are other organizations, programs, projects, etc. serving this community need or these
community needs? If yes, how is this project differentlwhy is this project necessary?
Orange County intends to acquire the conservation easement through its Lands Legacy program,
which seeks to protect prime farmland and other highly important natural resource lands. Since
Lands Legacy was established in 2000 the County has acquired 13 agricultural conservation
easements that protect 1,277 acres of farmland. In all cases matching funds were contributed by
outside sources, including the federal FRPP program and the original NC Farmland Preservation
Trust Fund (2001). County funds for Lands Legacy and the purchase of conservation easements,
however have been depleted and will be severely limited in the future.
Nevertheless, Orange County has selected this project as a high priority to complete Phase 2 of the
Breeze farm easement project in which the County already invested funds in 2008 for Phase 1.
Completing this project is particularly important because of the high regard that Orange County
citizens have for Colonel William Breeze. His land conservation and stewardship efforts have been
recognized widely in the agricultural community, and his placing a conservation easement on this
farm will certainly influence others in the community to consider doing the same thing.
The Triangle Land Conservancy (TLC) and the Eno River Association also acquire conservation
easements in Orange County, but neither organization has purchased agricultural easements here
thus far. TLC was granted easement donations by the Nutters of Maple View Farm and by the
Earnhardts and Kuenzler families, but each of those farms is located in southern Orange County
(Cape Fear basin) which is a priority watershed for TLC.
D. Are there sustainability plans for the project? If yes, please describe. If not, please explain
why. (250 words or less)
When the larger farm passes to Colone! Breeze's children (Wm Breeze Jr. and Ann Breeze
Sebesan) both are expected to continue leasing the farm to area farmers. If they should ever sell
the farmland (encumbered by the easement) it would very likely be sold to a farmer interested in
continuing agricultural activities on prime farmland. Moreover the timberland on the property has
been managed since 1956 with assistance and guidance from the district forester and consulting
foresters (Bernard & Dryman Forestry), and since 1994 through the Forest Stewardship Program.
The proximity to the adjacent NC State agricultural extention and research facility (see enclosed
brochure) makes it an especially attractive location. Moreover, the farm is located in an agricultural
community with good access to farm markets. It is five miles from downtown Hillsborough (county
seat), which has two farmers markets and Weaver Street Market featuring locally-grown food.
Orange County is also working jointly with Alamance, Durham and Chatham counties to establish
the Piedmont Food and Agricultural Processing Center (awarded an ADFP Trust Fund grant in
2008) in Hillsborough, which would be a tremendous asset to area farmers.
Page 12 of 23 Easement Application
Attachment C
THE BUDGET
Revised July 7, 2009
Project Budget
List the funds requested from ADFP in the table on the left. In the section labeled "Total Project
Value" on the right list the total ADFP funds requested, the total cash match anticipated, the total
in-kind match anticipated, then add those figures together for a total value of the project. In the
Budget Narrative section provide an explanation of how the ADFP funds will be expended.
A licant Name: Oran a Coun
Applicant Tax Identification
Number:
56-6000327
DUNS Number 091575191
Pro'ect Title: Breeze Farm Easement Phase 2
A licant's Fiscal Year Jul 1 to June 30
Ex enditure Cate ories ADFP Funds
Re uested
204 Travel a licable state rates
207 Personnel & Administrative
211 Stewardshi Endowment
212 Surve
_
213 ~praisal
21.1 Baseline Documentation Report
215 Environmental Assessment/Audit
216 Le al Fees
217 Closin Costs
220 Easement Purchase $ 150,000
Total Bud et $ 150,000
Total Project Value
ADFP Funds
Re uested $ 150,000
Cash Match $ 332,000
In-Kind Match $ 118,000 "c+oration;
Total Project
Value $.600 000
Page 15 of 23 Easement Application
Bud et Narrative
A licant's Si natu Date ~ Qe~.. ZQ
c
~ -ADFP Si nature: ~ Date ~ /c
Page 16 of 23 Easement Application
204 ADFP
t
ld b
t
hi
t b
O
C
i
t
hi
207 e a par
range .
oun
y,
ners
p projec
y
on easemen
wou
s conservat
The purchase of t
Trust Fund, the federal Farm and Ranch Land Protection Program (FRPP) and the landowner. Orange
211 County intends to apply for matching funds from the FRPP in early 2010 (next grant cycle) and the
i
d b
2008
f
h
l
d
12 eterm
ne
y a
t
e easement va
ue
landowner (Colonel Breeze) intends to donate up to 20% o
certified appraisal that would be updated in 2010. Orange County is prepared to contribute $150,000 for
the easement purchase price and another $10,000 for survey, appraisal update, Phase I environmental
site assessment, legal fees, and closing costs. Signed statements from the County and the landowner for
the matching funds are enclosed.
213
214
215
216
217
220
Attachment D
THE PROJECT TIMELINE
Revised July 7, 2009
Project Timeline
Projects may not begin before July 1, 2010.
A licant Name: Oran a Count
A licant Tax Identification Number: 56-6000327
DUNS Number 091575191
Pro'ect Title: Breeze Farm Easement Phase 2
A licant's Fiscal Year Jul 1 to June 30
Grant Year One
Matching
ADFP Funding Funds to be Total Funding
Quarter Year One Tasks/Goals to be Used Used to be Used
Review draft deed
of easement with
Landownerand
County Attorney;
Draft easement to
ADFP & FRPP for
review/approval;
Boundary survey
and Environment
JSaly 1-Se t 30, 2010 site assessment $ 6,000 $ 6,000
t Update appraisal; i
Final easement to
County board for
approval;
Baseline report;
Oct 1-Dec 31, 2010 Closin $ 150,000 $ 444,000 $ 594,000
Jan 1-March 31, 2011
A ril 1-June 30, 2011
Page 13 of 23 Easement Application
Grant Year Two
Quarter Year Two
Tasks/Goals
ADFP Funding
to be Used Matching
Funds to be
Used
Total Funding
to be Used
Jul 1-Se t. 30, 2011
Oct 1-Dec 31, 2011 Easement
Monitorin Year 1
N/A
Jan 1-March 31, 2012
A ril 1-June 30, 2012
Total $ 150,000 $ 450,000 $ 600,000
Page 14 of 23 Easement Application
Attachment E
THE CONSERVATION EASEMENT CONTENT
The following TERMS AND CONDITIONS are required to be included in this Conservation Easement unless
modified by the North Carolina Department of Agriculture and Consumer Services.
A. Definitions
Grantor-the landowning entity that provides the body of the easement.
Grantee-the recipient of the easement.
Conservation Purposes-agricultural, horticultural, and forestland activities.
Property-agricultural farmland.
B. Grant of Conservation Easement
Grantor(s) hereby voluntarily grant and convey to the Grantee, and the Grantee hereby voluntarily accepts,
a perpetual (or a term of years) Conservation Easement, which must be defined by a metes and bounds
description. Grantor(s) promise that they will not perform, nor knowingly allow others to perform, any act
on or affecting the Property that is inconsistent with the covenants herein. Grantor(s) authorize the
Grantee to enforce these covenants in the manner described herein.
C. Grantor's Development Rights
Grantor(s) hereby voluntarily grant and convey to the Grantee all development rights for the Property,
except as otherwise reserved and provided by the terms of this Conservation Easement, that are now or
hereafter inherent in the Property.
D. Grantor's Reserved Uses and Restrictions
Subject to the terms and restrictions hereto, the Grantor(s) reserve to and for themselves and their
successors all customary rights and privileges of ownership, unless otherwise specifically prohibited herein.
E. Grantor's Right to Use the Property for Customary Rural Enterprises
Grantor(s) retain the right to use the portion of the Property as shown on Exhibit B, and more particularly
described in the Baseline Documentation Report, for otherwise lawful and customary rural enterprises,
such as, but not limited to, a winery, bed and breakfast, saw mills., farm machinery. repair enterprises.
Conducting customary rural commercial enterprises on any other part of the Property is not permitted
without the advance written permission of the Grantee in each instance. The Grantee shall not give such
permission unless the Grantee determines that the proposed use will not substantially diminish or impair
the conservation values of the Property.
F. Prohibited Activities
Any activities, practices, or uses of the Property, that would in anyway alter, impede, or interfere with the
conservation values and agricultural goals sought to be protected by this Conservation Easement are
strictly prohibited.
Revised July 7, 2009
Attachment E
G. Natural Resource Restoration and Enhancement Activities
Notwithstanding any terms contained within this
contract others to engage in any activity designed
resources found or once present on the Property,
impair the conservation values of the Property.
Conservation Easement, Grantor(s) may engage or
to repair, restore, or otherwise enhance the natural
so long as such uses do not significantly diminish or
H. Grantor's Road Construction
Construction and maintenance of unpaved farm roads that may be reasonably necessary and incidental to
carrying out the improvements and uses permitted on the Property by this Conservation Easement are
permitted.
Mining
There shall be no filling; excavation; dredging; mining; removal of topsoil, sand, gravel, rock, peat, minerals
or other .materials; and no change in the topography of the land in any manner except as necessary for the
purpose of combating erosion or flooding and as reasonably necessary for any permitted maintenance,
construction or reconstruction on the Property.
J. Trash and Hazardous Waste
No trash, refuse, vehicle bodies or parts, rubbish, debris, junk, waste, radioactive or hazardous waste shall
be placed, stored, dumped, buried or permitted to remain on the Property. Except that, the storage of
agricultural products, byproducts (including the composting of biodegradable material for on-farm use) and
agricultural equipment on the Properly is allowable, so long as such storage is done in accordance with all
applicable government laws and regulations and in such a manner so as to not impair the conservation
values of the Property.
K. Farm and Forestlands
Agricultural operations including, but not limited to, timber harvesting, grazing, horticulture and animal
husbandry are permitted on the Property.
L. Transfer of Property
Grantor(s) agree to incorporate by reference the terms of this Conservation Easement in any deed or other
legal instrument by which they transfer or divest themselves of any interests, including leasehold interests,
in all or a portion of the Property. Failure of Grantor(s) to comply with this section shall not impair the
validity of this Conservation Easement as to successor owners or limit its enforceability in any way, nor
shall any Grantor's failure to comply with this section constitute a .default under this Conservation
Easement.
M. Transfer of Conservation Easement
Subject to the contingent rights of the State of North Carolina with timely written notice and approval of the
North Carolina Department of Agriculture and Consumer Services, the Grantee shall have the right to
trans#er thin Conservation Easement to any public agency or private nonprofit organization that, at the time
of transfer, is a qualified organization under 26 U.S.C. §170(h) of the Internal Revenue Code, as amended
and under NCGS 121-34 et seq., provided the agency or organization expressly agrees to assume the
responsibility imposed on the Grantee by this Conservation Easement. As a condition of such transfer,
Revised July 7, 2009
Attachment E
Grantee shall require that the conservation purposes intended to be advanced hereunder shall be
continued to be carried out. If the Grantee ever ceases to exist or no longer qualifies under 26 U.S.C.
§170(h) of the Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer this
Conservation Easement to another qualified organization having similar purposes that agrees to assume
the responsibility imposed by this Conservation Easement.
N. Grantor's Title Warranty
The Grantor(s) warrant that they hold fee simple title to the Property and must disclose any encumbrances
on the Property to the Commissioner of Agriculture and hereby promise to defend the same against all
claims that may be made against it.
O. Parties in Interest
If the Grantor(s) are multiple parties in interest or a trust, all signatures obtained must be by authorized
officers or parties.
P. Grantor's Environmental Warranty
The Grantor(s) warrant that they have no actual knowledge of a release or threatened release of
hazardous substances or wastes on the Property.
Q. Obligations
Other than as specified herein, this Conservation Easement does not impose any legal or other
responsibility on the Grantee or the State of North Carolina.
R. Liability and Indemnification
The Grantor(s) agree to indemnify and hold Grantee and the State of North Carolina harmless from any
and all costs, claims or liability, including but not limited to reasonable attorneys' fees arising from any
personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due
to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly.
S. Enforcement
With reasonable advance written notice to the Grantor(s), the Grantee shall have the right to enter the
Property for the purpose of inspecting for compliance with the terms of this Conservation Easement. The
Grantee shall have the right to prevent violations and remedy violations of the terms of this Conservation
Easement through judicial action. The parties agree that a court may issue an injunction or order requiring
the Grantor(s) to restore the Property to its condition prior to the violation as restoration of the property may
be the only appropriate remedy. In any case where a court finds that a violation has occurred, the
Grantor(s) shall reimburse the Grantee for all its expenses incurred. in stopping and correcting the violation,
including but not limited to court costs, attorneys' fees, and any other costs incurred with onsite
remediation. The failure of the Grantee to discover a violation or to take immediate legal action shall not
bar it from doing so at a later time. In any case where a court finds no such violation has occurred, each
party shall bear its own costs.
In the event that. Grantee fails to enforce any of the terms of this Conservation Easement, as determined in
the sole discretion of the Commissioner of Agriculture, the said Commissioner of Agriculture and his or her
successors and assigns shall have the right to enforce the terms of the Conservation Easement through
Revised July 7, 2009
Attachment E
any and all authorities available under Federal or State law. In the event that Grantee attempts to
terminate, transfer, or otherwise divest itself of any rights, title, or interests of this Conservation Easement
without the prior consent of the Commissioner of Agriculture and payment of consideration to the State of
North Carolina, then, at the option of the Commissioner of Agriculture, all right, title, and interest in this
Conservation Easement shall become vested in the State of North Carolina.
T. Amendment
This Conservation Easement may be amended by a written instrument executed by the Grantee and the
Grantor(s) and approved by the Commissioner of Agriculture. Any such amendment shall be consistent
with the Statement of Purpose of this Conservation Easement and with the Grantee's Conservation
Easement amendment policies, and shall comply with 26 U.S.C. §170(h) of the Internal Revenue Code or
any regulations promulgated in accordance with that section. Any such amendment shall be duly recorded.
Grantee shall give notice of any amendment to and secure approval from, the North Carolina Department
of Agriculture and Consumer Services.
U. Procedure in the Event of Condemnation or Eminent Domain
Grantor(s) and Grantee recognize that the partial donation and partial sale of this Conservation .Easement
gives rise to a property right, immediately vested in the Grantee, with a fair market value equal to the
proportionate value that the Conservation Easement bears to the value of the Property prior to the
restrictions imposed by the Conservation Easement. Accordingly, if any condemnation or eminent domain
action shall be taken, on all or part of the Properly, by any authorized public authority, said authority shall
be liable to the Grantee for the value of the property right vested in the Grantee at the time of the signing of
this Conservation Easement.
If condemnation or a taking by eminent domain of a part of the Property or the entire Property by a public
authority renders it impossible to fulfill any of the conservation purposes of this Conservation Easement on
all or part of the Property, the Conservation Easement may be terminated or modified accordingly through
condemnation proceedings. If the Conservation Easement is terminated or modified and any or all of the
Property is sold or taken for public use, then, as required by Treas. Reg. 1.170A-14(g)(6), the Grantee shall
be entitled to the proportionate value of the Conservation Easement. The Grantee shall use its proceeds
consistently with the general conservation purposes of this Conservation Easement. If this Conservation
Easement is extinguished or terminated, the North Carolina Department of Agriculture and Consumer
Services, and Grantee shall receive its proportional share of the Conservation Easement value at the time
of termination. The proportional share of the Conservation Easement value is percent to the North
Carolina Department of Agriculture and Consumer Services.
V. Procedure in the Event of Termination of Conservation Easement
If it determines that conditions on or surrounding the Property change so much that it becomes impossible
to fulfill the conservation purposes of this Conservation Easement, a court with jurisdiction may, at the joint
request of both the Grantor(s) and the Grantee and with prior consent of North Carolina Department of
Agriculture and Consumer Services as provided herein, terminate or modify this Conservation Easement in
accordance with applicable state law. If the Conservation Easement is terminated and the Property is sold
then as required by Treas. Reg. 1.170A-14(g)(6), the Grantee shall be entitled town amount equal to the
ratio of the appraised value of this Conservation Easement to the unrestricted fair market value of the
Property, as these values are determined on the date of this Conservation Easement. The Grantee and
the North Carolina Department of Agriculture and Consumer Services shall divide the resulting proceeds in
accordance with the percentage of the purchase price of the Conservation Easement that each party
contributed. The percentage is percent for the North Carolina Department of Agriculture and
Revised July 7, 2009
Attachment E
Consumer Services. The Grantee shall use its proceeds consistently with the general conservation
purposes of this Conservation Easement.
W. Subsequent Easements/Restrictions on the Property
The grant of any easements or use restrictions that might diminish or impair the agricultural viability or
productivity of the P_ roperty or otherwise diminish or impair the conservation values of the Property is
prohibited.
X. Subdivision
The Property currently consists of single tract. The further subdivision of the Property, the recording of a
subdivision plan, partition, or any other division of the Property, is prohibited.
Y. Notices
Any notices required by this Conservation Easement shall be in writing and shall be personally delivered or
sent by first-class mail to the Grantor(s) and the Grantee respectively at the following addresses; unless a
party has been notified in writing by the other of a change of address:
[Insert Grantor(s) and Grantee addresses]
North Carolina Department of Agriculture and Consumer Services:
NC ADFP Trust Fund
2 West Edenton Street
Raleigh, NC 27601
APPROVED AS TO FORM
Authorized Signatory for North Carolina Department of Agriculture and Consumer Services
D. David Steinbock
Revised July 7, 2009
Attachment F
NC OPENBOOK INFORMATION
Revised July 7, 2009
SUPPLEMENTAL INFORMATION. REQUIRED FOR NC OPENBOOK
A licant Name: Oran a Coun
A licant Tax Identification Number: 56-6000327
DUNS Number 091575191
Pro'ect Title: Breeze Farm Easement Phase 2
A licant's Fiscal Year Jul 1 to June 30
Brief Description and Background/History of your Organization.
Be sure to include the number of ears in existence, number of em to ees, mission and oats of our or anization.
The Oran a Coun Environment and Resource Conservation De artment ERCD was created in 1998 and the Lands Le ac ro ram,
throw h which this ro'ect would be administered, was established in 2000. ERCD's mission is to coordinate Oran a Coun 's efforts
toward environmental rotection and resource conservation. ERCD em to s 8 eo le with offices in Hillsborou h, NC.
S ecific ro ram areas are 1 Natural Resources rotection air/climate, land and water , 2 Cultural Resources rotection farmland,
Historic/archaeolo ical sites, arks and o ens ace desi n and 3 administration of the Count 's Lands Le ac ro ram.
Current Contact Information: (Complete information below if different that in the original contract cover
document.)
For the Aaencv~
IF_DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
ADFP Trust Fund __ ADFP Trust Fund
NCDA&CS __
NCDA&CS
--
1001 Mail Service Center _
2 West Edenton Street
Raleigh, NC 27699-1001 _ Ralei h, NC 27601
Tele honE: 919-733-7125 ALTERNATE CONTACT: ~-`
Fax: 919-716-0105
Email: ncad nca r. ov
Fnr the C~ran4tu±~
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Name: Rich Shaw Title: Land Conservation Mana er Name: Rich Shaw Title: Land Conservation Mana er
Com an Name: Oran a Coun ERCD Com an Name: Oran a Coun ERCD
Address: P.O. Box 8181 Address: 306 Revere Road A ricultural Buildin
Ci Hillsborou h State: NC Zi :27278 Ci Hillsborou h State: NC Zi :27278
Tele hone: 919 245-2514
Fax: 919 644-3351
Email: rshaw co.oran e.nc.us Seconds Email: dstancil co.oran e.nc.us
Page 18 of 23 Easement Application
3. Current project timeline.
DENTIFIED TASK
PROPOSED
START
DATE
PROJECTED
COMPLETION
DATE PROJECTED
NCDA&CS
FUNDS TO
BE SPENT TOTAL PROJECTED
COSTS OF THE
PROJECT
($)
Pre are final deed of conservation easement 7 1 2010 9 30 2010
Bounda surve of the sub'ect roe 8 15 2010 9 30 2010 6 000
Environmental- assessment of the roe 8 15 2010 9 30 2010
U date the 2008 a raisal 10 1 2010 10 30 2010 2 000
Obtain final approvals from County board of
commissioners ADFP staff and FRPP staff 10/1/2010 11/30/2010
Pre are baseline documentation re ort 10 1 2010 11 30 2010
Close & record deed of conservation easement 12 1 2010 12 31 2010 150 000 442 000
TOTALS: 150 000 450 000
4. Expected outcomes and specific deliverables.
EXPECTED OUTCOMES AND SPECIFIC DELIVERABLES
(Examples: 1. Increase in the number of households receiving commodities in additional four counties, 2. Provide approximately 150 meals
to homeless victims, 3. Provide 250 lunch snacks to elementary school children, 4. Administrative funds will be used for pay for 60 hours of
labor at $12.00 oer hour.l
easement
5. The Grantee's WEB URL: http://www.cow.o/range.nc.us/ercd/index.asp
6. County of Service/Benefit: Single County: L~ Yes ^ No
County Name: Orange County
Statew+de: ^ Yes ^ No
Regieaal: ^ Yes ^ No
7. If the answer to question number 6 is "Regional", list the counties receiving benefit below.
Page 19 of 23
Easement Application
PERFORMANCE MEASURES
Attachment G
Grantee Name: Oran a Coun
Project Title: The Breeze Farm Easement
i t Out ut s ; Qua' ti aptivities- ermormed the Grantee.
1. Development rights and easement value for rope determined for Breeze Farm.
2. Appraisal of property is com leted for Breeze Farm.
3. Assessment surve is completed for Breeze Farm.
4. Baseline documentation is completed for Breeze Farm.
5. eve opment o rust un written easement.
6.
7.
8.
9.
10.
List Outc e s : Wh 1; happens as a r ft of the Grantee's tiviti s.
1. Environmental status of Breeze Farm pro erty is identified.
2. Develo merit ri hts value for Breeze Farm is identified.
3. Protection of agricultural resources.
4.
5.
6.
7.
8.
9.
10.
List Deliverablejs):
' Specific types of outputs or outcomes -tangible items: (i.e. reports and plans) or
activities' e. . worksho sand conferences that are uantifiable and measurable.`
1. Recorded easement of 153 acres in erpetui
2.
3.
4.
5.
SAM.024 -Performance Measures Page 1 of 1
Eff: 7/10