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AG 2014 09 15
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AG 2014 09 15
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Last modified
10/21/2014 3:05:30 PM
Creation date
11/27/2017 10:50:44 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/15/2014
Board
Board of Commissioners
Meeting Type
Regular
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Award Identifying Number: <br />NEST Agreement Number: <br />14. For an advance, evidence of liability insurance coverage in an amount at least equal to the <br />purchase price of the Agricultural Land Easement, providing for reimbursement to NRCS for <br />any loss of Federal funds caused by fraud or dishonest or failure by the attorneys, closing <br />agents, or closing agents employees to comply with the written closing instructions. <br />VIII. AGRICULTURAL LAND EASEMENT MINIMUM TERMS AND CONDITIONS <br />A. The ENTITY shall ensure that Agricultural Land Easements acquired under this Cooperative <br />Agreement meet the following minimum conditions to permit effective enforcement of the Agricultural <br />Land Easement for protection of agricultural use and future viability, and related conservation values, of <br />eligible land by limiting non - agricultural uses or for protection of grazing uses, and related conservation <br />values by restoring and conserving eligible land: <br />1. Run with the land in perpetuity or for the maximum duration allowable under State law, <br />where State law prohibits a permanent easement; <br />2. Protect the agricultural use and future viability, and related conservation values, of eligible <br />land by limiting nonagricultural uses of that land or protect =, grazing uses and related <br />conservation values by restoring and conserving eligible land; and <br />3. Provide for the administration, management, and enforcement of the Agricultural Land <br />Easement by the ENTITY or its successors. <br />B. The ENTITY shall ensure that the Minimum Terms For The Protection Of Agricultural Use <br />Exhibit (Minimum Terms Exhibit), attached to this Cooperative Agreement as Exhibit 7, is attached to the <br />Agricultural Land Easements acquired under this Cooperative Agreement or that the Agricultural Land <br />Easements acquired under this Cooperative Agreement contain the terms as stated in the Minimum Terms <br />Exhibit. The ENTITY is authorized to add its own terms and conditions to the Agricultural Land <br />Easements so long as the ENTITY's additional language does not alter or defeat the intent, purpose or <br />effective enforcement by the United States of the Minimum Terms, the ACEP, or the Agricultural Land <br />Easements acquired under this Cooperative Agreement. <br />C. The ENTITY will ensure that the Agricultural Land Easement deed is reviewed and approved <br />for use by NRCS prior to the ENTITY requesting an advance of the Federal Contribution or closing on <br />an Agricultural Land Easement for which the ENTITY will request the Federal Contribution. <br />D. If the ENTITY elects to attach the Minimum Terms Exhibit to the Agricultural Land <br />Easements acquired under this Cooperative Agreement, the ENTITY will ensure it is signed by the <br />landowner, ENTITY, and NRCS and is attached to the Agricultural Land Easements acquired under this <br />Cooperative Agreement at the time of closing and recordation and that the paragraph below is inserted at <br />the bottom of the Agricultural Land Easement deed immediately before the signature pages: <br />lk* The Agricultural Land Easement is acquired with funds provided, in part, by the <br />Agricultural Conservation Easement Program, (`ACEP') under Cooperative Agreement <br />Number [ # #- # # # #- # # - # #] dated [Date of CA] between the [Cooperating Entity Name(s)] <br />and the United States of America (the United States), acting by and through the United <br />States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) <br />on behalf of the Commodity Credit Corporation (CCC). The EXHIBIT is attached <br />hereto and incorporated herein by reference and shall run with the land in perpetuity, or <br />for the maximum duration allowed under applicable State laws. As required by 16 U.S.C. § <br />3865 et seq and 7 CFR 1491 et seq and as a condition of receiving ACEP funds, all present <br />and future use of the Protected Property is and shall remain subject to the terms and <br />conditions described forthwith in this Addendum entitled Minimum Terms For The <br />NRCS Representative Initial <br />Recipient Representative Initial <br />on <br />F -7 <br />Attachment number 1 <br />Page 161 <br />
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