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USFWS- NAWCA Saw Mill Hills, Mineral Hills, BroadBrook-Fitzgerald Lake
Gmail Fitzgerald Lake Conservation A f and Saw Mill Hi... http: /mail.google com/ mail ?ui= 2 &ik= 187f424313 &vie... Fitzgerald Lake Conservation Area and Saw Mill Hills Final Report Information Ken_Kriese @fws.gov <Ken_Kriese @fws.gov> To: Michael Cote <michaelcote @gmail.com> Michael, For what we need, let me go over everything just to be sure: Final report Pr Map SF269 (financial report) S, U 00 Land Acquisition documentation Now, let me lay these down, one by one for you: Let me respond to your comments. If we need, we can talk on the phone again. The following items are needed to close a project with land acquisition: Michael Cote <michaelcote @gmail.com> Wed, Jan 9, 2008 at 9:58 AM 1) Deed requirements. This who section seems fine. Please be sure to include a similar explanation in the final report so that it will be documented in the file. You can also include the information from the Massachusetts constitution that you included from the link. 2) Regarding the search for heirs, what I would do is in the report, include a short paragraph explaining the procedure followed by the city to find missing heirs this can be similar to what you have already written below. Then I would include a second paragraph listing what happened in these instances. For example, what contractor was hired, how extensive was his search and that the results did not result in the finding of an heir. This way we have an explanation of the general policy, and the details of the exact instance for these parcels. 3) Escrow I think this will be a good explanation. I was just discussing this with our Branch Chief, because the concern for me was what would happen if the money were returned to the City of Northhampton after so many years because an heir wasn't found. This could be an issue as it would then mean that grant money wasn't needed, or matching funds weren't not spent. However, if it is already documented that the money, if unclaimed, reverts to the state and not to the City of Northhampton, we should be okay. It still means that the funds for this grant and /or matching funds have been spent. If you can add a paragraph about how the funds for parcel "X" went into an Escrow account because no heir was found, and then explain what happens to those funds, ensuring that they will not come back to Northhampton, then that will be good. Any references to state law is good here. 4) The acreage sounds good. The main thing to make sure is that this acreage has not been used a match for any other federal grant. It is more than plenty to meet your final acreage goals. Remember for this acreage, that there is a cost as well, that can be added to your budget in terms of matching contributions based on the value of this land. For paperwork, old -match land acquisitions require only three things the appraisal, the deed, and the notice of grant agreement. A. Final Report. We need a final report. Wayne sent us a draft report, but now we have new information, a new parcel of land (120acres) and a changed budget. I will attach a sample budget page here that can be used. 1 of 3 1/22/2008 10:47 AM Gmail Fitzgerald Lake Conservation, and Saw Mill Hi... http://mail.goo B. Map. We have maps submitted for all of the parcels except the new 120 acre parcel. Can you send us a new map which has all 5 parcels shown on it? C. SF269. We have one submitted but since the matching budget will change, with the new 120 acre parcel added, please complete a new one. I can walk you through this if you need help. D. Land Acquisition Documentation (listed here parcel by parcel) a. Dryzgula (3.6 acres) o� Letter of Intent and /or willing seller we need this one Appraisal /assessment we have Closing Statement we have Deed /Order of tak jig ---we -have 4 r Notice of Grant Agreement -'we need this one 0"' 11 1/ b. Parcel 03 -001 (8.8 acres) Letter of Intent and/or willing seller we need this one. If this is a parcel without heirs, we need a piece of paper with inform about city's process for searching for heir for this parcel Appraisal /assessment we have both Closing Statement/Settlement we have Order of Taking we have Notice of Grant Agreement we need this one c. VFW (17 acres) Letter of Intent and /or willing seller we have Appraisal /assessment we have Closing Statement we have \9\4 Deed /Order of taking we have both Notice of Grant Agreement we need this one I o a d. Saw Mill Hills (44.55 acres) Letter of Intent and/or willing seller we need this one. If this is a parcel without heirs, we need a piece of paper with inform about city's process for searching for heir for this parcel Appraisal /assessment we have both Closing Statement/Settlement we have both Order of Taking we have Notice of Grant Agreement we need this one I f� e. New Matching Parcel (120 acres) d' Appraisal /assessment we need this one Deed /Order of Taking we need this one Notice of Grant Agreement we need this one Finally, don't forget to include some information in the final report documenting that the report from the assessors office represents the true value of the land and is a fair substitution for an appraisal. For the budget, go back to the original proposal. The budget table should be pretty simple. On the top, there should be separate columns for NAWCA funds, the City of Northampton, and then another column for each contributing partner. The final column should show total values, that will be summed across each row. On the side, will be the project activities. Here they will be: Acquisition (Dryzgula), Acquisition (VFW), etc. Then if you have kept administrative costs separate, or other fees paid that were funded in part by the NAWCA funds or matching funds, then they should be listed separately here. For example, some budgets will have a row for "Appraisal costs" or Personnel and Project Management Then the funds for each are completed under the appropriate column. This includes both cash and in -kind contributions. So for example, the cost of the newly added matching acres should be included here. When discussing the budget, be sure to mention that in the original proposal, X of acres were to be acquired, and this project resulted in X of acres acquired. Do the same for funds. We proposed to spend 2 of 3 1/22/2008 10:47 AM Emil Fitzgerald Lake Conservation And Saw Mill Hi... http: /mail.googl om/ mail ?ui= 2 &ik= 187f424313 &vie... $50,000 in NAWCA funds and had $62,000 proposed as matching contributions. In the end $50,000 NAWCA funds were spent and $X matching contributions were obtained from X partners. I think that is it. Let me know what else you might need. I look forward to getting your final report and remaining documents so we can close this one out. Ken "Michael Cote" <michaelcote(aAmail.com> 01/08/2008 04:46 PM [Quoted text hidden] To Ken Krieseafws.gov cc Subject Re: Fitzgerald Lake Conservation Area and Saw Mill Hills Final Report Information 3 of 3 1/22/2008 10:47 AM Ginail- FW: Parcel documentation FW: Parcel documentation 1 message Wayne Feiden <wfeiden @northamptonma.gov> To: Michael Cote <michaelcote @gmail.com> Wayne Feiden, AICP, Director of Planning and Development City of Northampton 413 -587 -1265 WFeidenANorthamptonMA.gov 210 Main Street, Room 11, City Hall Northampton, MA 01060 Save Paper If possible, clo not print. From: Ken Kriese a(�,fws.gov [mailto:Ken Kriese a(7,fws.gov1 Sent: Thursday, December 13, 2007 3:46 PM To: Wayne Feiden Subject: Parcel documentation Wayne, Thanks for your help. If you have any questions, please let me know. http: /hnail.google. com/mail/ ?ui= 2 &ik= 187f424313 &view =pt &cat Michael Cote <michaelcote @gmail.com> Thu, Jan 3, 2008 at 10:58 AM poke with our branch chief and e concurred with the information I gave to you earlier on the phone. With regard to the t w_ o parcel where no legal heir or guardian could be located, please include a short discription of the efforts made to ate the correct heir(s), and given that none were located, what were the steps taken to obtain the property. Also and I forgot to ask this question, where did the money go that was paid for these parcels of land if no heir could be located? In other words, with the Saw Mill Hills property, to where did the $70,000 in expenses go? Did it go to the Estate, which then reverted to the State of Massachusetts since no heir was found? Basically, as I mentioned before, we just need to make sure we have documentation to show that everything was done legitimately, even if this is not our normal path for land acquisition. 1 of 2 1/3/2008 11:14 AM Ciinail kW: Parcel documentation W AN Ire s I ,r Ive,e,1 tea. ti-1/„, J/4.13) 2 of 2 Ken Ken Kriese, Ph.D. Wildlife Biologist Division of Bird Habitat Conservation U.S. Fish and Wildlife Service 4401 North Fairfax Drive, MBSP 4075 Arlington, VA 22203 703 358 -1888 703 358 -2282 (fax) ken krieseAfws.gov C Q� 4 http: /mail.google .cone /mail ?ui =2 &ik= 187f424313 &view=pt &cat I 1. a: 4 11 49-v karpi.'ur 4-' L, P -1 4 el s. n- 5 .1k 5-"ii"r) e9f 0'4c c I s t cy c( •r,' 7 I+ e w Ski S v �3 e' oar-. w 4 cleeJj S 6Ai 1444 v' 5-44 r PA41-7 a r 4.. 4 tl e tv 4/ 4/v9 wee- 5 r -vim, ‘f 7 exAr s g 1/3/2008 11:14 AM Gmail Fitzgerald Lake Conservation r and Saw Mill Hi... Fitzgerald Lake Conservation Area and Saw Mill Hills Final Report Information Michael Cote <michaelcote @gmail.com> Tue, Jan 8, 2008 at 4:46 PM To: Ken_Kriese @fws.gov Hi Ken, I'm going over my notes from our conversation last week. RE: Fitzgerald Lake...Project, Northampton, Mass. One reason for this email, just fyi, is my intern hours, which are limited to a work -study grant through the University of Massachusetts. I'm trying to prioritize all of my projects (NAWCA is one of them) here with limited time. I also realize your time is extremely valuable, with 95 new grant applications now on your desk! The final report I put together may still satisfy some requirements, but needs explanation. Much of this is Massachusetts nuance, 'I believe. 1) Deed requirements. There were questions about the differences between the Order of Takings and the Confirmatory Deed. The Order of Takings is used for friendly takings generally. It serves as the registered deed when the party /ies is /are deceased and no one can sign mutually. For the VFW parcel, we used both an Order of Takings (to acquire the land) and a Confirmatory Deed, which was signed because the parties exist. These should meet your requirements. Secondly, regarding protection in perpetuity, the parcels are permanently protected under Executive Office of Environmental Affairs, Article 97, which is an amendement to Massachusetts's constitution governing (re: restricting) public land disposition. Please see Article 97 (especially section I, jurisdiction, and IV, procedures) here http: /www. mass. qov /envir/ mepa/ fourthlevelpages /article97policy.htm 2) Regarding a question about searching for heirs. The city contracts out to search for heirs, and we performed database searches from the office. In my notes, this was a general question from your office, and nothing further but this explanation is required on our part. Correct? 3) Escrow. There was a question regarding money in escrow. M.G.L. c. 200A, 13A is the policy the city is required to follow. Locally, our city solicitor requires these funds to be held for 3 years, after which time the funds revert to the state. The state holds the money forever until if and when the property is claimed. Those laws are here http: /abpweb.tre.state.ma.us /abp /abp reqs.htm FAQ's are here http: /abpweb.tre.state.ma.us /abp /abp faq.htm. (The trend is that Massachusetts has many, many laws regulating public land. It is most unlike the other 49!) http: /mail.googfr— om /mail ?ui= 2 &ik= 187f424313 &vie... Michael Cote <michaelcote @gmail.com> 1 of 2 1/22/2008 10:51 AM Gmail Fitzgerald Lake Conservation Are land Saw Mill Hi... http: /mail.googl _com /mail ?ui= 2 &ik= 187f424313 &vie... 4) Regarding the acreage issue (73.95 v. 99.71). I think this is where you need some paper work. Correct? I spoke to Wayne about the option of using an old match. We identified a project that; is 120 acres of conservation land, was acquired with non federal funds, and was acquired in the 2 year time -frame discussed. Ken, my notes state you need: Assessment (re: appraisal), settlement, and deed. Is this correct? 5) What other, if any, documentation do you need to close this project? Thank you for your kind patience, Michael Cote Intern City of Northampton Mass. (206) 550 -3034 [Quoted text hidden] 'To Start Press Any Key'. Where's the ANY key? Homer Simpson 2 of 2 1/22/2008 10:51 AM Gmail Fitzgerald Lake Conservation Area and -C w Mill Hills Final... http: /mail.google.con1 P-' U ?ui= 2 &ik= 187f424313 &view =pt &searc... Fitzgerald Lake Conservation Area and Saw Mill Hills Final Report Information Ken_Kriese @fws.gov <Ken_Kriese @fws.gov> To: michaelcote©gmail.com Cc: Wayne Feiden <wfeiden @northamptonma.gov> Michael, It was good to talk to you today. Here is the link to the SF269 which is the financial form that we will need to have submitted along with the final report and property documentation. Again, if you have any questions or concerns, please call me and I can help walk you through the form. That's what all my years of biological training has done for me helped me to teach people to fill out financial forms. SF269: http: /www.whitehouse.gov /omb /grants /sf269.pdf Also, as I mentioned, please be sure to include in the final report two things along with the text a budget table showing proposed versus actual costs and expenses, and a map of the land acquired. It says it should be a USGS Topo map, which isn't necessary. However, the map should have coordinates and /or similar to help reference the location of the parcel you can include either latitude /longitude or UTM coordinates, and can use the center of the parcel of land as the point if you do not already have the coordinates. Also make sure in the text to reference the number of acres of the land acquired so we can be sure that the goal of the project as outlined in the proposal was met. Thanks again, and I look forward to receiving the report, and future proposals. Ken Ken Kriese, Ph.D. Wildlife Biologist Division of Bird Habitat Conservation U.S. Fish and Wildlife Service 4401 North Fairfax Drive, MBSP,4075 Arlington, VA 22203 703 358 -1888 703 358 -2282 (fax) ken krieseAfws.gov Michael Cote <michaelcote @gmail.com> Wed, Nov 21, 2007 at 12:13 PM 1 of 1 11/21/2007 1:11 PM Wayne Feiden From: Sent: To: Subject: RE: Fitzgerald Lake Conservation Area and Saw Mill Hills Wayne, Thanks for the message. No worries about being busy. Also, I hope you had a great time in South Africa. Were you gone for an entire year? I was a finalist for the Fulbright program to do a Master's in England after I finished my Bachelor's. I didn't make the final cut, but then I'd be involved with marine policies rather than wetland conservation. One quick question. I double checked your file again just to make.sure we are on the same page. The file I have for the grant from 2006 is empty, except for the original proposal and the grant agreement. We don't have any copies of a report from last year. I also checked our database for information on the invoices, and you show a a� balance of $0, so you have obviously already acquired the land and paid for the project. Did you submit just the electronic financial paperwork through Smartlink? (The SF272). Or did you also send a separate report with r ep SF269 and copies of all the land acquisition paperwork? If you sent it, would you know when you sent it and to cs ,,40' vr whom? If the final report, with financial statement, has not been sent, there is still another 5 -6 weeks until the report is due. If you have any questions for me with regard to this report, please don't hesitate to contact me. Also, be aware that the govt. requires additional documentation for all land acquisition projects. The details of what is required can be found in Section F of the Grant Standards. They include things like a copy of the purchase agreement, a copy of the deed, etc. Thanks again, I hope you had a good time in South Africa. Ken "Wayne Feiden" <wfeiden @northamptonma.gov> 11/07/2007 09:39 AM Wayne Feiden, AICP 11/21/2007 Ken_Kriese @fws.gov Wednesday, November 07, 2007 1:23 PM Wayne Feiden South Africa three weeks ago and I have been buried. To <Ken_Kriese @fws.gov> I will go through our files and make sure that we meet the deadline. report and final billing I thought that we had closed out the project. I do whatever you need. 'iv-vat RW 4 cc Subject RE: Fitzgerald Lake Conservation Area and Saw Mill Hills 0)1c iv e Page 1 of 2 G Thanks for the email and the voice mail. Sorry I didn't get back to you before. I just returned from a Fulbright to ✓c For some reason when I send last years g will go through the file and make sure that we ,,„,,e, Direct: 413- 587 -1265 Office: 413- 587 -1266 Fax: 413- 587 -1264 Web: www.NorthamptonMA.gov WFeiden @NorthamptonMA.gov Wayne Ken 11/21/2007 Director of Planning and Development City of Northampton 210 Main Street, Room 11 Northampton, MA 01060 From: Ken_Kriese @fws.gov [mailto:Ken_Kriese fws.gov] Sent: Wednesday, October 24, 2007 4:25 PM To: Wayne Feiden Subject: Fitzgerald Lake Conservation Area and Saw Mill Hills Page 2 of 2 I wanted to write to introduce myself following Keith Morehouse's retirement. My name is Ken Kriese and I have been hired as the new NAWCA Small Grants Administrator. I arrived in Arlington after working with Ducks Unlimited in Memphis from 2005 -2007 as the Regional Biologist for the Latin America and Caribbean Program. I'm excited now to address wetland conservation issues here in the US again, and I look forward to working with you on this project. I am writing to you in reference to the Fitzgerald Lake Conservation Area and Saw Mill Hills grant from 2006. Massachusetts is one of the few states I have never visited, so I look forward to the opportunity to travel to the area to see some of the local wetland conservation projects. I have reviewed the file for this project and I hope you have had good luck with your initial efforts as part of this grant. Based on your original timeline, it looks like you may have been able to complete all of the land acquisitions during this first year. If so, it will help us to finalize the project sooner than expected and should save you time and effort in annual progress reporting. Following Keith's departure, I have assumed responsibility for this grant and will be your new point of contact if you have any questions. As a heads up, the project agreement is dated 9/19/2006. Therefore, an annual report, including SF269 (http: /www.whitehouse.gov /omb /grants /sf26 4 due 90 days after the one -year date, or the 12/1 If all land acquisitions were com•leted be o e109/19/2007 then you will only need to file a fingl report .if you have ques ions about what is required for these reports, please consu h e Grant Administration Standards included with the grant agreement, or contact me. Be sure to pay special attention to the details of reporting with regard to real property, acquisitions. Thanks again in advance for any information you can provide, and please let me know if I you have any, questions for me. Ken Kriese, Ph.D. NAWCA Small Grants Administrator U.S. Fish and Wildlife Service Division of Bird Habitat Conservation 4401 North Fairfax Drive, MBSP 4075 Arlington, VA 22203 703 358 -1888 703- 358 -2282 (fax) ken_kriese @fws.gov Other costs Settees legal and soft costs l3uyer's legal and soft costs Recording costs and fax stamps LUz PLANNING AND DEVELOPMENT. CITY OF NORTHAMPTON phnning 7.0ning loming pattnerlthip n•dewlapatorn metburoplort CIS monotak development cormicuiliy devolopment Ilislorit oommunity prog/vAtiot i:entral bu.sittio:s atchitotom 'Wayne reldrn. AWP, Director r,f Plannitvnd tkvelopirlot ISTeldongNorlhmoorsNf A .gov 413a7.;1265 City of Northampton Conservation Land Settlement Statement ;reap Eater Map TO 2-0I0—Saw Mill Hills Conservation Area Consideration To seller (in escrow, owner deceased with no heirs) $55,588„43 Citv of.Northammon (for back taxes) ........S) 4411.57 Total Purchase Price $70,000.00 Seller deceased paid directly, no costs reported City paid directly, in-house attorney City paid recording, exempt from tax stamps 5 s 3 13-00-7 City Halt ?JO Main Stmot, Room 11 Northampton, N4A 0100 www.Northamptonhbov Pax. 413 4,41am 1,,immumt<tyiNd parvr cLe_r- tr 4 c „,,,c c L., JANUARY 2006 U. S. GRANT ADMINISTRATION STANDARDS North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act A. APPLICABILITY AND AUTHORITIES 4 A -1 To what do these Standards apply? 4 A -2 What laws and regulations govern a North American Wetlands' Conservation Act (NA WCA) or a Neotropical Migratory Bird Conservation Act (NMBCA) grant? 4 B. GRANT AGREEMENT 4 B -1 What constitutes a Grant Agreement? 4 B -2 What Certifications and Assurances are required? 4 B -3 At what point has the Recipient entered into a binding agreement? 4 B -4 Who has the authority to terminate the Grant Agreement? 5 C. REPORTS AND OTHER DOCUMENTATION 5 C-1 What reports and other documents are required before the Grant Agreement is executed? 5 C -2 What reports and other documentation does the Recipient have to provide during the funding period? 5 C -3 What reports and other documentation roust the Recipient provide at the end of the fending period? 6 C -4 What reports and other documentation must the Recipient provide at the end of the f ceding period? 6 C -5 What information must be included in a final performance report? 6 D. FINANCIAL ADMINSTRATION 7 D -1 What is the funding period? 7 D -2 May the Recipient or subrecipient incur pre agreement costs before the ficnding period? 7 D -3 When must grant fiends and snatching contributions be obligated? 7 D -4 Does the Recipient or subrecipient have to complete all the work on the project during the finding period? 7 D -5 Is the use of snatching contributions subject to the sane requirements as the use of grant funds 8 D -6 What is allowable snatch for a NMBCA project in the United States? 8 D -7 If the Recipient or subrecipient generates match contributions in excess of the Project's approved hatch -grant ratio, may this be used as snatch in a future grant? 8 D -8 .How old can matching in -kind contributions be? 8 D -9 What documentation is required to ensure compliance with Section 106 of the National Historic Preservation Act for snatching in -kind contributions acquired or performed before the FWS receives a NAWCA Proposal (matching in -kind contributions are not eligible for a NMBCA proposal)? 9 D -10 Are acquisition costs that are incurred before the FWS receives the Proposal and used as matching in -kind contributions (ineligible in NMBCA grants) subject to the relocation assistance and real property acquisition requirements of 49 CFR, Part 24? 9 D -11 What constitutes satisfactory compliance with snatching commitments? 9 D -12 Who may contribute snatching cash or, for NAWCA only, in -kind contributions to a project? 9 1 U.S. GRANT ADMINISTRATION STANDARDS— JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act D -13 What is program income? 9 D -14 Should "net" or "gross" income be used when calculating and reportingprogram income ? 9 D -15 How may the Recipient use program income? 10 D -16 How is income generated outside the finding period handled 10 D -17 What can the Recipient or subrecipient acquire using grant finds? 10 D -18 Are indirect costs, facilities costs, and direct overhead and administrative costs allowable ? 10 D -19 How will the Recipient receive Federal finds? 10 D -20 What fiends must be spent before the Recipient may draw down grant fiends? 10 D -21 Must the Recipient deposit Federal cash advances in interest- bearing accounts separate from other finds? 11 D -22 May the Recipient keep the interest earned on Federal cash advances? I1 D -23 How long does a Recipient have to disburse or refund money obtained as a Federal cash advance? 11 E. EQUIPMENT AND SUPPLIES 12 E -1 May the Recipient or subrecipient purchase and manage equipment with grant or snatch fiends? 12 E -2 May the Recipient or subrecipient replace and dispose of equipment obtained with grant finds? 12 E -3 How often must the Recipient or subrecipient inventory equipment? 12 E -4 May the Recipient or subrecipient dispose of supplies and other expendable property purchased with grant or snatching fiends? 13 F. REAL PROPERTY ACQUISITION 13 F -1 What costs of acquiring real property can the Recipient or subrecipient pay with grant or matching finds? 13 F -2 When does the Recipient or subrecipient incur the costs of acquiring real property? 13 F -3 May condemnation proceedings be used to purchase lands in NAWCA or NMBCA projects? 14 F -4 What notice must be provided to a seller? 14 F -5 What if the Recipient or subrecipient fails to provide the required notice? 14 F -6 Are appraisals required? 15 F -7 What constitutes an acceptable appraisal? 15 F -8 Must appraisals be reviewed? 15 F -9 Must the Recipient or subrecipient pay market value for real property? 15 F -10 May the Recipient or subrecipient purchase real property subject to leases or occupied by tenants? 15 F -11 Do relocation requirements apply if the price is set before the FWS receives the proposal, but the title is transferred after the FWS receives the proposal? 16 F -12 What documents must be submitted when acquiring an interest in real property? 16 F -13 What recorded notices are required for real property included in a Project? 17 2 j U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act F -14 Can the Recipient or subrecipient be reimbursed with grant f cads if title is transferred before the FWS receives the proposal? 1 F -15 Must the Recipient or subrecipient record deeds, leases, easements or other conveyance documents? 1 F-16 Can the Recipient or subrecipient obtain a waiver of these land acquisition requirements 1 G. PROPERTY MANAGEMENT 17 G -1 Does the Recipient or subrecipient have continuing obligations to manage property acquired through a Grant Agreement? 17 G -2 May the Recipient or subrecipient encumber, sell, or transfer some or all of the interests in real property acquired through a Grant Agreement? 18 G -3 For real property restored or enhanced under a Grant Agreement, how must the Recipient or subrecipient manage the property? 18 G -4 How long roust the Recipient or subrecipient manage restored or enhanced real property for the Project purposes? 18 H. MODIFICATIONS 18 H -1 Must the Recipient or subrecipient receive prior approval to depart from what is specified in the Grant Agreement? 18 H -2 May the Recipient extend the finding period? 19 H -3 How does the Recipient obtain an extension? 19 I. NONCOMPLIANCE 20 1 -1 What constitutes noncompliance with the Grant Agreement? 20 1 -2 What considerations are used to evaluate an instance of noncompliance with the Grant Agreement? 20 1 -3 What are the potential consequences of noncompliance with the Grant Agreement? 20 1 -4 What are the grounds for imposition of special administrative conditions during the finding period? 21 1 -5 What special administrative conditions may be unposed during the finding period? 21 1 -6 What are the grounds for debarment and suspension of a Recipient f rom Federal f nancial and non financial assistance and benefits? 22 1 -7 What happens if the Recipient does not submit a Financial Status Report or a Performance Report by the due date? 23 1 -8 What are the penalties for an unpaid debt to the FWS? 23 J. AUDITS AND MONITORING 23 J -1 Must the Recipient or subrecipient arrange for an annual audit of Project expenditures? 23 J -2 May the FWS conduct its own audit of a NAWCA- or NMBCA finaded project? 23 J -3 Does the FWS have the authority to inspect and monitor real property, equipment, and supplies acquired, habitat restored or enhanced, or wetlands created? 24 APPENDIX A: CERTIFICATIONS AND ASSURANCES 25 APPENDIX B: DEFINTIONS 28 APPENDIX C: INDEX 33 3 These Standards apply to any project that; U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act A. APPLICABILITY AND AUTHORITIES A To what do these Standards apply? (a) is granted Federal financial assistance approved under the authority of the North American Wetlands Conservation Act (NAWCA) or the Neotropical Migratory Bird Conservation Act (NMBCA); and (b) occurs on lands or waters under the jurisdiction of the United States of America. A -2 What laws and regulations govern a North American Wetlands Conservation Act (NAWCA) or a Neotropical Migratory Bird Conservation Act (NMBCA) grant? The authority for the North American Wetlands Conservation Act grant program is 16 USC 4401 et seq., as amended. The authority for the Neotropical Migratory Bird Conservation Act grant program is 16 USC 6101 et seq., as amended. General provisions applicable to grants awarded by agencies of the U.S. Department of the Interior, including definitions of terrns used in this document, are in Title 43, Part 12, of the Code of Federal Regulations (CFR). General Provisions applicable to the acquisition of real property under a Federal grant, including definitions of terms used in this document, are in 49 CFR, Part 24. The actual laws and regulations take precedence over any restatement, surnrnary, or interpretation of the same in this document. B. GRANT AGREEMENT B -1 What constitutes a Grant Agreement? The Grant Agreement consists of a signed Assistance Award with incorporated provisions, these Standards, the Proposal, and Recipient's signed SF -424, including required Certifications and Assurances. B -2 What Certifications and Assurances are required? The SF -424D Assurances for Construction Projects are required for all NAWCA projects. The SF -424D Assurances for Construction Projects are required for all NMBCA projects involving acquisition, restoration or enhancement of habitat. For all other NMBCA activities the SF -424B Assurances for Non-Construction Projects are required. By accepting the Assistance Award, the Recipient agrees to Certifications regarding Proposal Submission, Conflict of Interest, Debarment, Suspension, and other Responsibility Matters, Lobbying, and Drug -Free Workplace, as explained in Appendix A of these Standards. B -3 At what point has the Recipient entered into a binding agreement? 4 U.S: GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act The Recipient agrees to terms and conditions of the grant by signing the SF -424 and required Assurances, and enters a binding agreement by receiving Federal funds through the electronic funds transfer process. 13-4 Who has the authority to terminate the Grant Agreement? The Recipient may decline the award or request a delay of the execution date by written notice to the FWS Grant Officer within 10 business days of receipt of the award. FWS may terminate the award in whole or in part if a Recipient materially fails to comply with the terms and conditions of an award. The FWS may also terminate this award with the consent of the Recipient, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The Recipient may terminate the award upon sending to FWS written notification setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if FWS determines in the case of partial termination that the reduced or modified portion of the Grant Agreement will not accomplish the purposes for which the grant was made, it may terminate the grant in its entirety. In any partial termination of an award, FWS must consider the Recipient's responsibilities for property management (if any) and to submit financial, performance, and other reports required by this document. C. REPORTS AND OTHER DOCUMENTATION C -1 What reports and other documents are required before the Grant Agreement is executed? (a) Documentation of compliance with 36 CFR, Part 800, which implements the National Historic Preservation Act (NHPA), for all project activities. (See Section D -9 regarding documentation for certain matching in kind contributions, or "old match" allowable only in NAWCA projects.) (b) FWS documentation demonstrating compliance with the National Environmental Policy Act (NEPA) and the Endangered Species Act for all project activities. (c) For NAWCA projects, the Secretary of the Interior (or his or her designee) must make a finding that the real property interests should not be included in the National Wildlife Refuge System. The Recipient must obtain an additional such finding if a tract not included in the Proposal is targeted for acquisition. (d) Documentation from FWS Regional Offices or field stations demonstrating that contaminants will not preclude the incorporation of those lands acquired in the project into the National Wildlife Refuge System (applicable only if such lands will be acquired in the Project). C -2 What reports and other documentation does the Recipient have to provide during the funding period? (a) Annual performance reports must be received by the Grant Officer within 90 days after the end of each full year of the funding period. (b) Annual financial status must be reported on Standard Form 269 (Long Form) and be received by the Grant Officer within 90 days after the end of each full year of the funding 5 c, U.S GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act period. The first annual financial report must include all project related financial activity from the date the Proposal was received by FWS to one year after the signature date on the Assistance Award, and should include the value of in -kind match contributed prior to the proposal date. (c) Federal Cash Transactions must be reported on Standard Form 272 through SMARTLINK if the Recipient has requested the capability to receive advance payment of Federal funds through the electronic funds transfer process. (d) Real property acquisition documentation must be included in Annual or Final Reports for any transactions completed during the reporting period. C -3 What information must the Recipient include in an annual performance report? Annual performance reports must include: (a) A comparison of actual (grant and match) accomplislunents with proposed objectives for the period. (b) For Standard Grant NAWCA Projects only, a comparison of the acres achieved compared with the acres described by category in the responses to Technical Assessment Questions 4 and 5 of the Proposal, and an explanation of any differences. C -4 What reports and other documentation must the Recipient provide at the end of the funding period? (a) A final performance report must be received by the Grant Officer within 90 days of the end of the funding period. (b) A final financial status report on Standard Form 269 (Long Form) must be received by the Grant Officer within 90 days of the end of the funding period. (c) U.S. Geological Survey 7 1/2 minute topographic maps delineating the boundaries of all interests in real property that the Recipient or match provider purchased, restored, enhanced, or created with grant or matching dollars or accepted as in -kind matching contributions. The Recipient may, in lieu of submitting the USGS map(s) described above, provide complete electronic data sets (polygons) that describe the tracts affected by the Project. (d) Real property acquisition documentation not already provided along with annual reports. (e) An inventory of all equipment acquired by the Recipient with Federal funds. (f) An inventory of unused supplies if the total aggregate value upon completion of the Project exceeds $5,000. C -5 What information must be included in a final performance report? In addition to the information required for the annual performance report, for NAWCA projects only, the final performance report must include the tract table as presented in the 6 U.S. GRANT ADMINISTRATION STANDARDS- JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act Proposal with proposed and actual acreage accomplishments, and an explanation of any substitutions or differences. D. FINANCIAL ADMINSTRATION D -1 What is the funding period? The funding period will be designated in the Agreement and last no more than two years unless it is extended. The terns "grant period" and "project period" are considered synonyms for the funding period. D -2 May the Recipient or subrecipient incur pre agreement costs before the funding period? FWS authorizes pre agreement costs only if such costs: (a) do not exceed the amount of the grant funds as awarded in the Agreement; (b) are necessary to accomplish the objectives of the Project by the end of the funding period; (c) fund activities listed in the proposal for accomplishment with grant funds; (d) have not been incurred before the date that FWS receives the proposal from the Recipient (see Section F -2 for costs incurred in purchase of real property); and (e) are allowable to the extent that they would have been allowed if they had been incurred during the funding period. By definition, pre agreement costs occur before a signed Grant Agreement, and therefore they are incurred at the applicant's risk. Upon completion of a signed Grant Agreement, this section constitutes prior written approval for any pre agreement cost that qualifies under its provisions. D -3 When must grant funds and matching contributions be obligated? Grant funds and matching contributions must be obligated during the funding period, except an eligible pre agreement cost which may be obligated prior to the funding period. A Recipient or subrecipient obligates funds (i.e., incurs costs) on the earlier of placing an order, signing a contract, receiving goods or services, or carrying out similar transactions during a given period that will require payment during the same or a future period (not to exceed ninety days after the funding period). For acquisitions of a real property interest, funds are considered obligated when costs are incurred at the time of closing /property settlement, and title is taken. All matching cash and eligible in -kind contributions must be obligated for the authorized purpose of the project by the end of the funding period. D -4 Does the Recipient or subrecipient have to complete all the work on the project during the funding period? All obligations must be made and work must be accomplished during the funding period, although cash does not necessarily have to be disbursed by the end of that time period. 7 O U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act The Recipient must liquidate all obligations and ensure that the Grant Officer receives a final report no later than 90 days after the end of the funding period. D -5 Is the use of matching contributions subject to the same requirements as the use of grant funds? Unless otherwise specified in these Standards, both grant funds and matching contributions are considered part of the Project and subject to the same requirements. D -6 What is allowable match for a NMBCA project in the United States? For NMBCA project activities in the United States the matching contribution must be cash only. Cash means the Recipient or subrecipient's cash outlay, including the outlay of money contributed to the Recipient or subrecipient by third parties, to be expended after the date the Proposal is submitted, and that complies with the applicable Federal Cost Principles in OMB Circulars A -21, A -87, and A -122. Matching cash must be contributed to or by a Recipient or subrecipient to accomplish the purposes of the Project. If money has been used to incur costs for Project purposes before the FWS receives the Proposal, it is considered in -kind rather than cash and will not be eligible as match for Projects in the United States. D -7 If the Recipient or subrecipient generates match contributions in excess of the Project's approved match -grant ratio, may this be used as match in a future grant? For NAWCA Projects only, match contributions in excess of the amount required according to the match -grant ratio approved in the Grant Agreement may be used on subsequent Projects, subject to the following conditions: (a) The excess match must accomplish more acquisition, restoration or enhancement than required by the Grant Agreement. (Spending more, but accomplishing the same as required in the Grant Agreement, does not qualify as "excess" match. Additional spending due to unique circumstances totally beyond the control of the Recipient or subrecipient, such as a natural disaster, leading to unique efforts by the Recipient or subrecipient to accomplish Project objectives, may be considered on a case -by -case basis.) (b) The excess match must be substantively related to the same area /type of Project in the next grant, so that if was offered as "new" match in the next grant it would be eligible. (c) The additional acres must be specified as "excess" in the documentation provided in reports for the original NAWCA grant. (d) All acres must be protected as part of the original NAWCA grant. (e) The excess match may be used in a subsequent Project only if the source of the match is identified in that Proposal and the Project is then selected. D -8 How old can matching in -kind contributions be? For NAWCA Projects only, match providers may acquire real property, supplies, or services, or provide the services of its own personnel for a proposed Project back to the 8 U.S. GRANT ADMINISTRATION STANDARDS- JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act beginning of the calendar year two years before the year in which FWS receives the proposal. D -9 What documentation is required to ensure compliance with Section 106 of the National Iistoric Preservation Act for matching in -kind contributions acquired or performed before the FWS receives a NAWCA Proposal (matching in -kind contributions are not eligible for a NMBCA proposal)? No advance documentation for Section 106, of the National Historic Preservation Act, as implemented in 36 CFR, Part 800, is required for matching in -kind contributions acquired or performed before the FWS receives a NAWCA Proposal. However, if the Recipient or subrecipient or match provider has disturbed or allowed the disturbance of a site that is subject to NHPA, the FWS may disallow the use of that property in a NAWCA project or require the Recipient to take other steps as appropriate to ameliorate the disturbance. D -10 Are acquisition costs that are incurred before the FWS receives the Proposal and used as matching in -kind contributions (ineligible in NMBCA grants) subject to the relocation assistance and real property acquisition requirements of 49 CFR, Part 24? Acquisition costs of matching in -kind contributions incurred before the FWS receives a NAWCA proposal are not subject to the relocation assistance and real property acquisition requirements of 49 CFR, Part 24. However, costs for such matching property must still be allowable, reasonable, and allocable, as required by 43 CFR, Part 12. D -11 What constitutes satisfactory compliance with matching commitments? At the end of the funding period, the matching contributions must at least equal the amount committed to by the Recipient in the Grant Agreement. D -12 Who may contribute matching cash or, for NAWCA only, in -kind contributions to a project? All Recipients and their partners may contribute matching cash or, for NAWCA only, in- kind contributions. D -13 What is program income? Program income is income directly generated by any Project activity, or earned only as a result of the Grant Agreement during the funding period. By definition, program income is that income received by the grant Recipient itself, if the grant Recipient is an institution of higher education, hospital, or other non- profit organization (43 CFR 12.902); or received by the Recipient or Sub recipient if it is a state or local government (43 CFR 12.65(b)). D -14 Should "net" or "gross" income be used when calculating and reporting program income? Either "net" or "gross" program income can be calculated and reported. If the Recipient chooses, and if authorized by the awarding agency, "net" program income may be determined by deducting the costs necessary for the generation of program income from the gross program income, provided these costs have not been charged to the award (43 CFR 12.65(c 43 CFR 12.924(f)). It is the Recipient's responsibility to identify these 9 US: GRANT ADMINISTRATION STANDARDS- JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act costs and how they are calculated. Total or "gross" program income can be reported without additional calculations. D -15 How may the Recipient use program income? Federal regulations identify three ways to use program income: deduction, addition, and cost sharing or matching (43 CFR 12.65(g), 12.924(b)). (a) Unless otherwise specified, the Recipient must use the deductive method (subtracting the program income from the amount awarded). (b) If the Recipient desires, the Service will authorize the Recipient to use the additive method (adding the program income to the funds committed to the Grant Agreement). The program income must be used for the purposes and under the conditions of the Grant Agreement. (c) Program income will not be authorized for cost sharing or matching purposes. D -16 How is income generated outside the funding period handled? Income generated by the Recipient outside of the funding period shall be retained by the Recipient. FWS encourages Recipients to use generated funds to support wetland conservation purposes consistent with the NAWCA program or to support neotropical migratory bird conservation consistent with the NMBCA program. D -17 What can the Recipient or subrecipient acquire using grant funds? Grant funds may be used to acquire those things that are necessary for the purpose described in the Grant Agreement and that are reasonable, allowable, and allocable as explained in the Cost Principles and NAWCA or NMBCA application instructions. D -18 Are indirect costs, facilities costs, and direct overhead and administrative costs allowable? These costs are allowable for both grant funds and matching funds. These costs must be calculated by an acceptable method including negotiated indirect cost rate, directly charged administrative costs, or direct allocation method. D -19 How will the Recipient receive Federal funds? The Recipient's financial institution must be able to receive Federal funds through the electronic funds transfer process and request advance payment and reimbursement through SMARTLINK, an electronic funds transfer system that is administered by the U.S. Department of Health and Human Services Division of Payment Management. D -20 What funds must be spent before the Recipient may draw down grant fluids? The following forms of funds must be spent before drawing down grant funds: program income, rebates, refunds, contract settlements, audit recoveries and interest earned on such funds. 10 U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act D -21 Must the Recipient deposit Federal cash advances in interest bearing accounts separate from other funds? The Recipient must deposit Federal cash advances in interest bearing accounts unless (a), (b), or (c) apply: (a) The Recipient receives less than $120,000 in Federal assistance awards per year. (b) The best reasonably available interest bearing account would not be expected to earn interest in excess of $250 per year. (c) The depository would require an average or minimum balance so high that it would not be feasible with the expected Federal and non Federal cash resources. These requirements may not apply to States, State universities and hospitals, federally recognized Tribes, and local governments. When depositing Federal cash advances in an interest bearing account, separate depository accounts are not required, but Recipients must be able to account for the receipt, obligation, expenditure of and interest on the funds. D -22 May the Recipient keep the interest earned on Federal cash advances? The Recipient's status determines whether or not earned interest may be kept. For this purpose, a Recipient's belongs in one of three categories: State, Tribal or local government, and all others. (a) States are not required to deposit Federal cash advances in an interest bearing account. States that are not subject to a Treasury -State agreement have no interest liability to the Federal government whether or not they earn interest on Federal cash advances. However, if a Treasury -State agreement is in place, States incur an interest liability from the day Federal funds are credited to the account to the day funds are disbursed for the Project or credited to a Federal Government account as a refund, whether or not they deposit their Federal grant funds in interest bearing accounts. (b) Federally recognized Tribal Recipients and local government Recipients are not required to deposit Federal cash advances in an interest bearing account. They may retain interest amounts up to $100 per year for administrative expenses, if they do deposit funds in an interest bearing account. Interest on Federal cash advances above $100 must be remitted promptly, but at least quarterly, to the FWS. (c) All others may retain up to $250 of interest earned annually on Federal cash advances. The amount retained may be used for administrative expenses. D -23 How long does a Recipient have to disburse or refund money obtained as a Federal cash advance? When Federal cash advances are made by electronic transfer of funds methods, the Recipient must draw down grant funds as close as possible to the time of making disbursements. The only exceptions are when the funds involved will be disbursed by the 11 U.S GRANT ADMINISTRATION STANDARDS-JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act Recipient within seven calendar days, or are less than $10,000 and will be disbursed within 30 calendar days. E. EQUIPMENT AND SUPPLIES E -1 May the Recipient or subrecipient purchase and manage equipment with grant or match funds? Yes, the Recipient or subrecipient may purchase and manage equipment acquired under a Grant Agreement in accordance with the applicable costs principles. Title to all equipment acquired for the project will vest in the Recipient or subrecipient. The Recipient or subrecipient may use the equipment acquired for the Project as long as needed whether or not the project continues to be supported by Federal funds. While the equipment is used for the Project, the Recipient or subrecipient must make it available for use on other projects or programs currently or previously supported by the Federal government if such other use will not interfere with the work on the Project for which the equipment was originally acquired. E -2 May the Recipient or subrecipient replace and dispose of equipment obtained with grant funds? The rules for replacing or disposing equipment obtained with grant funds vary according to Recipient or subrecipient status. A State may replace and dispose of equipment acquired under a Grant Agreement as required by its own laws and procedures. For all others, when original or replacement equipment acquired with grant funds is no longer needed for the original project or for other activities currently or previously supported by a Federal agency, equipment disposition will be as follows: (a) Equipment with a current market value of less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the FWS. (b) Equipment with a current market value in excess of $5,000 may be retained or sold and the FWS will have a right to an amount calculated by applying the percentage of Federal participation in the cost of the original project to the current market value of the equipment. (c) In cases where a Recipient or subrecipient fails to take appropriate disposition actions, the FWS may direct the Recipient or subrecipient regarding required actions. In such cases, the FWS reserves the right to transfer title to the Federal Government or a third party of its choosing, when such a third party is otherwise eligible under existing statutes. E -3 How often must the Recipient or subrecipient inventory equipment? A State may inventory equipment acquired under a grant according to its own laws and procedures. Every other Recipient or subrecipient must take a physical inventory of equipment acquired with grant or match funds or received as a matching in -kind contribution immediately prior to submitting the final performance report and at least once every two years thereafter. 12 U.S. GRANT ADMINISTRATION STANDARDS- JANUARY -2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act E -4 May the Recipient or subrecipient dispose of supplies and other expendable property purchased with grant or matching funds? (a) the market value of the interest in real property; If the residual inventory of unused supplies is worth less than $5000, these items belong to the Recipient or subrecipient who may chose how to dispose of them. However, at the termination or completion of the Project, if there is a residual inventory of unused supplies which in aggregate is worth $5,000 or more, and is not needed for any other federally sponsored project or program, the Recipient or subrecipient may either retain the supplies or sell them, but in either case must compensate the Federal government for its share. F. REAL PROPERTY ACQUISITION F -1 What costs of acquiring real property can the Recipient or subrecipient pay with grant or matching funds? Federal grant or matching funds may be used to pay for the following costs of acquiring real property: (b) real property valuation, appraisals, appraisal reviews, and relocation expenses (if qualified and required under 49 CFR, part 24); (c) title insurance (types and extent of coverage must be in accordance with sound business practice and the rates and premiums must be reasonable under the circumstances); (d) costs of compliance with the National Environmental Policy Act, the Endangered Species Act, and the National Historic Preservation Act; (e) recording fees, transfer taxes, documentary stamps, evidence of title, boundary surveys, legal descriptions of the real property, and similar expenses incidental to conveying the real property to the Recipient or subrecipient (the Recipient or subrecipient is not required to pay costs solely required to perfect the owner's title to the real property); (f) penalty costs and other charges for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and (g) the pro -rata portion of any prepaid real property taxes which are allocable to the period after the grant Recipient or subrecipient obtains title to the property or effective possession of it, whichever is earlier (taxes for which exemptions are available are unallowable). F -2 When does the Recipient or subrecipient incur the costs of acquiring real property? Costs are incurred at the time of transfer of title. The grantee's contractual obligation to purchase real property does not constitute a cost incurred by the Federal government. A contractual obligation to purchase real property (purchase agreement, etc.) may be made 13 U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act at any time and, as long as title is transferred after the proposal is received by the FWS, the costs associated with the purchase can be reimbursed with grant funds. However, if title is transferred before the FWS received the proposal, costs associated with the purchase may only be used as match, and can not be reimbursed with grant funds. Any obligation to purchase property before Federal grant funds are obligated is made at the Recipient or subrecipient's risk. No matter when an obligation is signed, all purchases of real property must comply with all applicable Federal regulations, including but not limited to requirements specified in this section (F). F -3 May condemnation proceedings be used to purchase lands in NAWCA or NMBCA projects? All real property interests acquired as part of a NAWCA or NMBCA project, whether funded by grant funds or as match, must be from willing sellers. Condemnation proceedings may be used only when necessary to assist in determining the legal owner. F -4 What notice must be provided to a seller? Prior to making an offer for the property, the buyer must inform the seller that the buyer will be unable to acquire the property in the event negotiations fail to result in an amicable agreement (i.e., that the buyer does not have condenmation or eminent domain authority), and must inform the seller what the buyer believes to be the market value of the property. If the buyer is an agency that has eminent domain authority, but the acquisition is voluntary, then two additional assurances must be included in the notice: (1) no specific site or property needs to be acquired, although the agency may limit its search for alternative sites to a general geographic area (where an agency wishes to purchase more than one site within a geographic area on this basis, all owners are to be treated similarly); and (2) the property to be acquired is not part of an intended, planned, or designated project area where all or substantially all of the property within the area is to be acquired within specific time limits This requirement does not apply to matching real property acquired prior to the receipt of the proposal by the FWS (ineligible for NMBCA). F -5 What if the Recipient or subrecipient fails to provide the required notice? If the seller is not notified as required in Section F -4 above, the buyer must: (a) have the appraisal reviewed (if an appraisal was required), (b) pay any relocation benefits for which the landowner is eligible, (c) pay any qualifying expenses incidental to transfer, and (d) comply with all other provisions of 49 CFR, part 24, that apply. This requirement does not apply to matching real property acquired prior to the receipt of the proposal by the FWS (ineligible for NMBCA). 14 U.S. GRANT ADMINISTRATION STANDARDS- JANUARY 2006 N•rth American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act F -6 Are appraisals required? Appraisals are required unless of the following exceptions apply: ��,l'uie market value is estimated to be less than $10,000, and appropriate docun itation is provided showing that this valuation is reasonable and uncomplicated; 2 here is an alternative i valuation formula authorized by law, regulation, or FWS policy, as for specific categories of properties. An approved alternative valuation process is currently applicable to easements in the prairie pothole region of the United States. F -7 What constitutes an acceptable appraisal? F -8 Must appraisals be reviewed? If the buyer obtains an appraisal even though the market value is $10,000 or less, it must be used as the sole determinant of market value unless the Recipient or subrecipient can conclusively demonstrate that it is not accurate. Whatever method is used to determine value, the valuation must be certified by the Recipient or subrecipient. The Grant Officer may require the Recipient or subrecipient to submit additional documentation if he or she finds any informal determination of market value to be insufficient or if the Grant Officer does not concur with the analysis and conclusions. Regardless of the method of real property valuation, the date of the valuation must be within 12 months of the buyer's contractual obligation to purchase property or of the title transfer, whichever establishes the purchase price. The FWS may require the Recipient or subrecipient to secure an updated valuation if a material change occurs in the local real estate market, the character or condition of the property, or its surroundings between the effective date of the valuation and the date of the transfer of title to the Recipient or subrecipient. (a) If a non- Federal appraiser is used, the appraiser must be State certified. (b) Any appraisal must conform to the Uniform Appraisal Standards of Federal Land Acquisition (UASFLA). Recipient or subrecipients may choose to have an appraisal reviewed by an independent state certified or FWS review appraiser. Regardless of whether the Recipient or subrecipient requests an appraisal review, the FWS reserves the right to have any or all appraisals reviewed for federally assisted land acquisition. An appraisal must be reviewed if the notice requirements in Section F -4 are not met. F -9 Must the Recipient or subrecipient pay market value for real property? The Recipient or subrecipient must pay at least market value for any real property interest, unless the Recipient or subrecipient provides documentation of a bargain sale with a letter or signed statement from the seller that donates any difference between the market value and the selling price. If the Recipient pays more than the market value, the excess amount may not be paid with grant funds or be used as match. F -10 May the Recipient or subrecipient purchase real property subject to leases or occupied by tenants? 15 0 U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act The Recipient or subrecipient may purchase real property subject to leases or occupied by tenants. Other than matching real property acquired prior to the receipt of the proposal by the FWS (ineligible for NMBCA), however, such purchases are subject to relocation assistance requirements as described in 49 CFR, Part 24. The relocation assistance requirements apply only to tenants that must move as a result of the acquisition, unless the Recipient or subrecipient fails to meet the requirements in Section F -4. F -11 Do relocation requirements apply if the price is set before the FWS receives the proposal, but the title is transferred after the FWS receives the proposal? The relocation requirements of 49 CFR, Part 24, apply to any transfers of title that are completed after the proposal is received by FWS, regardless of when the price associated with the transfer is established. at documents must be submitted when acquiring an, interest in real property? he Recipient or subrecipient must submit the following documents for each interest in real property purchased with grant or match funds, or provided as a matching in -kind contribution: F -12 ppropriate evidence of valuation of real property. If an appraisal is used, send the appraiser's signed certification and the appraisal summary; (b) if specifically required by FWS, an appraisal review; (c) cumentation that the seller has been informed that the buyer will be unable to quire the property in the event negotiations fail to result in an amicable agreement (i.e., that the buyer does not have condemnation or eminent domain authority), and informs the seller of what the buyer believes to be the market value of the property; (d) documentation of a bargain sale through a letter or signed statement from a seller that donates any difference between the market value and the selling price, if the sale price is below market value; a copy of the closing statement (also called the settlement statement or adjustment sheet); (f) copy of any deed, easement, or assignment of lease that transfers own_ v e shi to the Recipient or subrecipient or match provider, as well as any subsequent owner as provided in the Grant Agreement (copies must demonstrate that the documents were recorded); (g) either (1) a statement certifying that the real property acquired had no tenants, or (2) a copy of a notice of relocation eligibility as required in 49 CFR 24.203 and a statement certifying that the Recipient or subrecipient provided tenants with relocation assistance advice and relocation assistance as required in 49 CFR, part 24, with an itemized breakdown of any relocation payments made to the tenant; and j or (h) copies of recordec*otic(es rant Requiremer j f r all interests in real property acquired for the project including those interests received as matching in -kind contributions. If the required language of a Notice of Grant Requirements is included in 16 U.S. GRANT ADMINISTRATION STANDARDS- JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act the deed, easement, lease or other recorded conveyance document for a specific interest in real property, such language may substitute for a Notice of Grant Requirements. Items (c), (e), and (g) do not apply to matching real property acquired prior to the receipt of the proposal by the FWS (ineligible for NMBCA). F -13 What recorded notices are required for real property included in a Project? The Recipient or subrecipient must ensure that Notices of Grant Requirements are recorded for all interests in real property acquired in perpetuity or for terms longer than 10 years unless equivalent provisions were entered in the deed, easement, or assignment of lease. F -14 Can the Recipient or subrecipient be reimbursed with grant funds if title is transferred before the FWS receives the proposal? The FWS will not reimburse the Recipient or subrecipient for the purchase of real property if title is transferred before the FWS receives the proposal. At its own risk, however, the Recipient or subrecipient may contractually commit to purchasing property before the FWS receives the proposal, and be reimbursed by grant funds after the Grant Agreement is signed. F -15 Must the Recipient or subrecipient record deeds, leases, easements or other conveyance documents? Regardless of whether it is required by the applicable State, the Recipient or subrecipient must ensure that all deeds, easements with a term 10 years or longer, and assignments of leases with a term 10 years or longer are recorded with reference to a deed or other real property- conveyance instrument in the county, parish, borough, or other local office that maintains the records affecting title to real property in that jurisdiction (referred to as recorder's office, registrar of deeds office, commissioner of deeds office, bureau of conveyances, or similar title). F -16 Can the Recipient or subrecipient obtain a waiver of these land acquisition requirements? Subject to the specific conditions defined in 49 CFR Part 24, in extreme circumstances certain real property acquisitions may be waived. These waivers will be granted on a case -by -case basis at the discretion of the Grant Officer, and will apply only to the Project for which the waiver is requested. G. PROPERTY MANAGEMENT G -1 Does the Recipient or subrecipient have continuing obligations to manage property acquired through a Grant Agreement? A Recipient or other authorized titleholder of real property acquired through a Grant Agreement must manage any interests in real property acquired under that Agreement consistent with the Project's purpose as long as the interests in real.property are needed for that purpose. This is required regardless of whether the interests in real property were acquired with grant or matching funds or contributed as a matching in -kind contribution (ineligible for NMBCA). 17 U.S GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act G -2 May the Recipient or subrecipient encumber, sell, or transfer some or all of the interests in real property acquired through a Grant Agreement? Except as specified in the Proposal, the Recipient or other authorized titleholder of interests in real property acquired with Federal grant or matching funds or as a matching in -kind contribution (ineligible for NMBCA) may not encumber, sell, or otherwise transfer the interest in real property, or any part of the same, without the approval of FWS. However, if the interest in the real property is an easement or a lease with a term that is less than perpetual, the obligation to seek FWS permission will end with the expiration of the term of the easement or lease. G -3 For real property restored or enhanced under a Grant Agreement, how must the Recipient or subrecipient manage the property? The Recipient or other authorized titleholder must manage restored or enhanced real property consistent with the purpose authorized by the Grant Agreement. This requirement pertains to all interests in real property that were restored or enhanced with Federal grant or matching funds or received as match (NAWCA only). The Recipient or other authorized titleholder may propose that the interest in real property is no longer needed for the Project's authorized purpose. However, the Recipient or other authorized titleholder is prohibited from managing the property in a manner that interferes with the Project's authorized purpose unless it obtains written permission to do so from the FWS. G -4 How long must the Recipient or subrecipient manage restored or enhanced real property for the Project purposes? The Recipient or authorized titleholder must manage restored or enhanced real property for the time period the Proposal identifies for Project benefits (for NAWCA, the described contributions to long -term conservation of wetlands and associated habitats). If no time period was specified in the Proposal, the Recipient or authorized titleholder must manage the property for 25 years from the date that the Grant Officer receives acceptable final performance and financial reports. This period may be shorter than 25 years if limited by easements, leases, or other special considerations approved by the Grant Officer. During the required management period, a Recipient must ensure that the real property is available for site inspection by the FWS or its designee to ensure that it is managed consistent with the authorized Project purposes. H. MODIFICATIONS H -1 Must the Recipient or subrecipient receive prior approval to depart from what is specified in the Grant Agreement? The Recipient or subrecipient must obtain the prior written approval of the Grant Officer in any of the following situations: (a) changes in the purpose and scope of the Project; (b) any extension of the funding period after the first extension (first extensions require only written notification to the Grant Officer 10 days in advance with the supporting reasons and a revised expiration date no more than 12 months in the future); 18 U.S. GRANT ADMINISTRATION STANDARDS- JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act (c) additions to, deletions from, or substitutions for the specific sites targeted for acquisition, habitat restoration, habitat enhancement, or habitat creation unless the Proposal was approved without such sites being designated; (d) initial identification of the specific sites which will be acquired, restored, enhanced, or created where such parcels or interests were not identified in the Proposal; (e) changes to the boundaries of the area within which sites will be selected for acquisition, restoration, enhancement, or creation; (f) any change in the restoration, enhancement, or wetland creation teclmiques or specifications (e.g., the species or the number of seedlings to be planted); (g) changes in the proposed titleholder of any interests in real property purchased, donated (NAWCA only), or otherwise acquired for the Project; (h) any decrease in the number of acres acquired, restored, enhanced or created as described in the Grant Agreement, other than de minimis changes due to survey error; (i) any decrease in the number of years of benefit to acres acquired, restored, enhanced or created as described in the Grant Agreement; (j) any decrease in the total amount of matching contributions committed to the Project; (k) the inclusion of costs that require prior approval in accordance with the applicable Federal Cost Principles; or (1) the transfer of funds from a direct cost category to indirect costs or the transfer of funds from construction to non construction, or vice versa. H -2 May the Recipient extend the funding period? (a) Any Recipient may receive an initial extension of the expiration date of the award of up to 12 months unless one of the following conditions apply: (1) The terms and conditions of Grant Agreement prohibit the extension; (2) The extension requires additional Federal funds; or (3) The extension involves any change in the purpose or scope of the Project. Extensions may not be exercised merely for the purpose of using unobligated balances that are not necessary for the completion of the Project. (b) A Recipient may be given additional extensions of up to 12 months only if sufficiently compelling reasons are provided. In general, rationale for any extension must include confirmation that the Project will still succeed, that the to -date failure is no fault of the Recipient, and that the extension will result in a benefit to the federal government. H -3 How does the Recipient obtain an extension? 19 U.S. GRANT ADMINISTRATION STANDARDS— JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act In order to obtain an extension, the Recipient must notify the Grant Officer in writing with the supporting reasons and revised expiration date at least 10 days before the expiration date specified in the Grant Agreement. I. NONCOMPLIANCE I -1 What constitutes noncompliance with the Grant Agreement? Any instance of a failure to comply with one or more of the terms and conditions of the Grant Agreement, including any approved modification of the Grant Agreement, constitutes noncompliance. I -2 What considerations are used to evaluate an instance of noncompliance with the Grant Agreement? Before determining the consequences, an instance of noncompliance will be evaluated by the Grant Officer based on the following considerations: (a) whether the noncompliance is deemed to be willful; (b) the impact on natural resources; (c) the impact on the Project and associated federally- assisted projects; (d) the impact on Project partners; (e) the impact on the buyers or sellers of real property interests that are part of, or affected by, the Project; (f) the need for immediate action to protect the public's interest; (g) the hann or benefit to the federal government; and (h) whether there are mitigating factors. I -3 What are the potential consequences of noncompliance with the Grant Agreement? After having taken into account the considerations described in Section I -2, the Grant Officer may apply one or more of the following remedies as a consequence of noncompliance with the Grant Agreement: (a) temporarily withhold cash payments pending correction of the noncompliance; (b) disallow (that is, deny both use of grant funds and any applicable matching credit for) all or part of the cost of the Project not in compliance; (c) wholly or partly suspend or terminate the current Grant Agreement; (d) reduce the federal share of costs after the final reports are received; 20 U.S. GRANT ADMINISTRATION STANDARDS- JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act (e) withhold further Assistance Awards for the Project or Recipient; (f) place the Recipient on a list of recipients that did not fulfill the commitments of a NAWCA or NMBCA Grant Agreement; (g) impose special administrative conditions during the funding period; (h) take other remedies that may be legally available; or (i) initiate procedures for suspension or debarment of a recipient from Federal financial and non financial assistance and benefits. I -4 What are the grounds for imposition of special administrative conditions during the finding period? Special administrative conditions during the funding period may be imposed by the Grant Officer if the Recipient meets one or more of the following criteria: (a) has a history. of unsatisfactory performance; (b) is not financially stable; (c) has a management system that does not meet the standards prescribed in 43 CFR, part 12; (d) has failed to comply with the terms and conditions of a previous Grant Agreement; (e) is in noncompliance with the terms of the current Grant Agreement; or (f) is not otherwise responsible. I -5 What special administrative conditions may be imposed during the funding period? If appropriate grounds exist to impose special administration conditions during the funding period, the Grant Officer may apply any of the following conditions: (a) allow only reimbursement of fluids (allow no funds to be advanced); (b) withhold authority to proceed to the next phase of the Project until receipt of evidence of acceptable performance within a given finding period; (c) require additional or more detailed financial reporting; (d) require additional project monitoring; (e) require the Recipient to obtain technical or management assistance; or (f) require that prior approval be obtained from the Grant Officer before implementing one of more aspects of the Project or Grant Agreement. 21 (a) Conviction of or civil judgment for: U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act I -6 What are the grounds for debarment and suspension of a Recipient from Federal financial and non financial assistance and benefits? Debarment and suspension may be imposed, through appropriate regulatory methods, as a consequence of any of the following circumstances: (1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; (2) violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; (3) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, or obstruction of justice; or (4) commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a person. (b) Violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency program, such as (1) a willful failure to perform in accordance with the terms of one or more public agreements or transactions; (2) a history of failure to perform or of unsatisfactory performance of one or more public agreements or transactions; (3) a willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction. (c) Any of the following causes: (1) a nonprocurement debarment by any Federal agency taken before October 1, 1988, or a procurement debarment by any Federal agency taken pursuant to 48 CFR subpart 9.4; (2) knowingly doing business with a debarred, suspended, ineligible, or voluntarily excluded person, in connection with a covered transaction, except as permitted in 43 CFR 12.215 or 43 CFR 12.220; (3) failure to pay a single substantial debt, or a number of outstanding debts (including disallowed costs and overpayments, but not including sums owed the Federal Goverrunent under the Internal Revenue Code) owed to any Federal agency or instrumentality, provided the debt is uncontested by the debtor, or if contested, provided that the debtor's legal and administrative remedies have been exhausted; 22 U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act (4) violation of a material provision of a voluntary exclusion agreement entered into under 43 CFR 12.315 or of any settlement of a debarment or suspension action; or (5) violation of any requirements of the drug -free workplace requirements for grants, relating to providing a drug -free workplace, as set forth in 43 CFR 12.615. (d) Any other cause of so serious or compelling a nature that it affects the present responsibility of a person. I -7 What happens if the Recipient does not submit a Financial Status Report or a Performance Report by the due date? Failure to submit a timely report constitutes noncompliance with the Grant Agreement and can result, after notification by FWS, in consequences described in Section I -3. I -8 What are the penalties for an unpaid debt to the FWS? Unless otherwise established in a Treasury -State agreement, contract, repayment agreement, or by statute, the FWS will charge a penalty, pursuant to 31 U.S.C. 3717(e)(2), not to exceed six percent a year on the amount due on a debt that is delinquent for more than 90 days. This charge will accrue from the date of delinquency, which will generally be 30 days from the date that the demand letter is mailed or hand delivered. J. AUDITS AND MONITORING 3 -1 Must the Recipient or subrecipient arrange for an annual audit of Project expenditures? Recipient or subrecipients must have a single or program- specific audit if they expend $500,000 or more in a year in Federal awards and are agencies or instrumentalities of States, Federally- recognized Tribes, or local government, or nonprofit institutions of higher education, nonprofit hospitals, or other nonprofit organizations. The audit must be conducted by an independent auditor for that year, and it must be in accordance with OMB Circular A -133, "Audits of States, Local Governments, and Non- Profit Organizations." J -2 May the FWS conduct its own audit of a NAWCA- or NMBCA funded project? The FWS, the Inspector General, Comptroller General of the United States, or any of their duly authorized representatives have the right of timely and unrestricted access to any books, documents, papers, or other records of Recipient or subrecipients that are pertinent to the awards, in order to make audits, examinations, excerpts, transcripts and copies of such documents. In the case of Recipient or subrecipients that are institutions of higher education, hospitals, and other nonprofit organizations, this right also includes timely and reasonable access to a Recipient or subrecipient's personnel for the purpose of interview and discussion related to such documents. For all Recipient or subrecipients, the rights of access in this paragraph are not limited to the required retention period for 23 Th U.S. GRANT ADMINISTRATION STANDARDS- JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act records, but will last as long as any records on the Project are retained by the Recipient or subrecipient or the FWS. 7 -3 Does the FWS have the authority to inspect and monitor real property, equipment, and supplies acquired, habitat restored or enhanced, or wetlands created? The Grant Officer and other FWS personnel may inspect and monitor real property, equipment, or supplies acquired as part of the Grant Agreement, habitat restored or enhanced under the Grant Agreement, or wetlands created through the Grant Agreement. The purpose of such inspections will be to insure that the real property, equipment, supplies, or habitat is being used or managed for the authorized purpose, and consistent with the terms, of the Grant Agreement. The rights of access to real property, equipment, or supplies acquired as part of the Grant Agreement will terminate: (a) once the real property, equipment, or supplies have been legally disposed of (b) when the FWS has approved a request that such real property, equipment, or supplies will no longer be used for the authorized purpose of the Grant Agreement; or (c) when the management term as defined in the Grant Agreement expires, regarding leases, easement, restoration, enhancement, and wetland creation actions. 24 U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act Appendix A Certifications and Assurances Through acceptance of the Assistance Award, in addition to the assurances appended to Standard Form 424, the Recipient's Authorized Representative certifies to the best of his or her knowledge and belief that: A. Certification Regarding Proposal Submission The Assistance Award is for the support and stimulation of the recipient's project; that the request for financial assistance and the related proposal have not been submitted in response to a request from the Government to undertake work to support a specific Government project; and that the proposal has been prepared without the assistance and /or input of Federal personnel. However, this statement excludes the general technical assistance provided by FWS staff to all applicants and grantees as needed or requested. B. Certification Regarding Conflict of Interest There are no relevant facts or circumstances which could give rise to an individual or organizational conflict of interest. Such conflict of interest could involve such things as Government employees being associated with or being a member of the requesting organization and being in a position to influence the awarding of a Grant Agreement. The Recipient agrees that if an actual or potential conflict of interest is discovered, the Recipient shall make a full disclosure in writing to the Service Program Officer. This disclosure shall include a description of actions, which the Recipient has taken or proposes to take, after consultation with the Service Program Officer, to avoid, mitigate or neutralize the actual or potential conflict. C. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (DI2010 June 1995) (1) The prospective primary participant certifies to the best of its knowledge and belief, that it, its principals and lower tier participants: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary or lower tier participant is unable to certify to any of the statements in this certification, such prospective participant(s) shall attach an explanation to this proposal and send it to the FWS Program Officer. D. Certification Regarding Lobbying (DI2010 June 1995) [applicable if award exceeds $100,000] (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, of an employee of a Member of Congress 25 U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subjected to a civil penalty of not less than $10,000 and not more than $100,000.00 for each such failure. E. Certification Regarding Drug -Free Workplace Requirements (I) For Recipients other than individuals, the Recipient certifies that it will or continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Recipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about— (i) The dangers of drug abuse in the workplace; (ii) The Recipient's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d)Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— (i) Abide by the teens of the statement; and (ii) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e)Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(ii) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the recipient of such notices. Notice shall include the identification number(s) of each affected grant; 26 U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(ii), with respect to any employee who is so convicted— (i) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes be a Federal, State, or local health, law enforcement, or other appropriate agency; (g)Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). (1) For grantees who are individuals, the Recipient certifies that (a)As a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (b)If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. 27 Appendix B Definitions U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act These definitions are for the purpose of these Standards as applied to the NAWCA and NMBCA Grants Programs. Many of the terms are also defined in the statutes, regulations, and OMB Circulars applicable to Federal Assistance, and some of these are repeated verbatim below for convenience. Some, however, are clarified for the context of the NAWCA and NMBCA Grants Programs. Others are technical terns that are not defined in any of the applicable laws or regulations. Still others are acronyms or common words with specific meaning in the context of the Standards. Acquisition means the voluntary purchase, donation, or transfer of any or all of a real property interest by means of a written deed, easement, lease assignment, or other legal instrument. Allocable means capable of being distributed to a grant in accordance with the relative benefits received. It is allocable to a grant if it is treated consistently with other costs incurred for the same purpose in like circumstances. It must also meet one of the following criteria: (a) it is incurred specifically for the award; (b) it benefits both the award and other work and can be distributed in reasonable proportion to the benefits received; or (c) it is necessary to the overall operation of the organization although a direct relationship to any particular cost objective cannot be shown. Any cost allocable to a particular award or other cost objective under these principles may not be shifted to other Federal awards to overcome funding deficiencies, or to avoid restrictions imposed by law or by the terms of the award. Applicant is any entity that has applied for a NAWCA or NMBCA grant by submitting a Proposal. Assistance Award is the instrument used by FWS to financially obligate grant funds under NAWCA or NMBCA, and is included in the Grant Agreement. Award means Federal financial assistance to an eligible recipient for the purpose of providing support or stimulation to accomplish a public purpose. An award occurs when an authorized representative of the FWS signs the Grant Agreement. Bargain sale is a voluntary transfer of some interest in real property for less than the market value of that interest. Buyer means (for purposes of land acquisition under a NAWCA grant) the entity that is purchasing some or all of the interests or rights in a specific tract of land. CFR means the Code of Federal Regulations. Construction means the erection, assembly, installation, alteration, demolition, destruction, removal, or repair (including dredging, excavating, and painting) of buildings, structures, and other improvements of real property of all types. Land acquisition and land development are also classified as construction. Almost all restoration, enhancement, and wetland creation activities in a NAWCA- or NMBCA- funded project result in soil disturbance, either directly or indirectly, and can be categorized as conservation oriented construction. Cooperative agreement like a grant, is a legal instrument documenting the relationship between the FWS and a grant recipient. However, in a cooperative agreement, the Service is substantially involved in the grant activities. For purposes of these Standards, the term Grant Agreement includes cooperative agreements. 28 U.S. GRANT ADMINISTRATION .STANDARDS- 7ANUARY North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act Create wetlands (wetland creation) means to manipulate through design, construction and management, the physical, chemical, and /or biological characteristics of a site to produce and sustain a wetland that did not previously exist there. Such establishment results in a gain in wetland acres. Debarment means an action taken by an authorized official in accordance with the regulations in 43 CFR 12 subpart D to exclude a person from Federal financial and non- financial assistance and benefits under Federal programs and activities. Debarment by any agency has government -wide effect. A person within the context of this definition is an individual, corporation, partnership, association, unit of government or legal entity, however organized, except: foreign governments or foreign governmental entities, public international organizations, foreign government owned (in whole or in part) or controlled entities, and entities consisting wholly or partially of foreign governments or foreign governmental entities. Direct costs are those costs necessary to meet a project's specific objectives, including conservation project activities and directly allocable administrative costs. See indirect costs. Electronic fzuzds transfer process means any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, which is initiated through an electronic terminal, telephone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. All Federal payments made by an agency shall be made by electronic funds transfer when possible. Eligible cost means a cost that can be reimbursed with Federal grant and /or matching funds or accepted as a matching in -kind contribution as a result of policy established by the North American Wetlands Conservation Council. Encumber real property means to attach a claim, liability, or some other right to real property and make it binding on the same. An encumbrance may burden or lessen the value of the real property or obstruct or impair its use. It does not necessarily prevent transfer of title. Enhance habitat means to modify or rehabilitate an existing or degraded habitat to meet project objectives without bringing it to a fully restored or naturally occurring condition. Equipment means tangible non expendable personal property, including exempt property charged directly to the award, having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. However, consistent with recipient policy, lower limits may be established. Federal assistance is the transfer of money, property, services, or anything of value from the United States government to a Recipient to accomplish a public purpose of support or stimulation authorized by a Federal statute. Federal Cash Transactions are grant fund receipts and expenditures reportable on the SF -272, required only if Recipient opts to receive advances of grant funds. Funding period means the period of time established in the Grant Agreement when Federal funding is available for obligation by the Recipient. The funding period begins on the first day during which the Recipient may request an advance of funds or a reimbursement. It ends on the last day that the Recipient may incur costs for the project. For purposes of these Standards, the funding period means the same as "project period," "grant period," or the "period ofperfornance FWS means the United States Fish and Wildlife Service, an agency of the Department of the Interior. Grant Agreement may be a grant or cooperative agreement, and consists of a signed Assistance Award and incorporated provisions, the Recipient's project proposal, and the Recipient's signed SF -424 including required certifications and assurances. It is the legal instrument used to document a type of relationship between FWS and a Recipient of an award under NAWCA or NMBCA. 29 U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act Grant fiends are Federal financial assistance provided through NAWCA or NMBCA to an eligible Recipient for the purpose of providing support or stimulation to accomplish a public purpose. Other Federal funds are not considered grant funds for the purposes of these Standards. Grant Officer means the FWS official who issues a Grant Agreement. The Grant Officer will review the progress of the grant funded project, approve or disapprove all requests for prior approval or concurrence, recommend reductions in the grant amount where appropriate, and perform the final review of the project prior to close -out. May also be called Program Officer. Incurred costs means those costs for which an obligation to pay commences on: (a) the earlier of placing an order, signing a contract, or performing or receiving a service; or (b) in the case of real property, taking title to real property. Indirect costs means those that have been incurred for common or joint objectives and cannot readily be identified with a particular final cost objective without effort disproportionate to the results achieved. Indirect costs include all costs determined, allocated, or distributed in accordance with the methods authorized for indirect costs in the Federal Cost Principles. Ineligible cost means a cost that cannot be reimbursed with Federal grant and /or matching funds or accepted as a matching in -kind contribution as a result of policy established by the North American Wetlands Conservation Council Interest in real property means a legal share of ownership, whether entire or partial, fee simple, easement, or other, in land including land improvements, structures, and appurtenances such as trees, grass, and other plants growing on the land except crops. Market value is the most probable price for a property to be sold in an open and competitive market, as established by professional appraisal or other accepted valuation; also referred to as fair market value. Matching cash contribution means any cash that is donated for use as non Federal match to a project by the Recipient or by other partners under the terms of the Grant Agreement. No cash with a direct or indirect Federal origin, or that was received or used as match under other Federal assistance agreements, qualifies as a matching cash contribution unless authorized by Federal legislation. A matching contribution described as cash, but expended for property or services for which the cost was incurred before FWS receives the proposal, is considered a matching in -kind contribution. Matching in -kind contribution means any property or service that is donated by a non- Federal entity under the terms of a Grant Agreement. The match provider gives the property or service without charge or for a nominal payment or something of nominal or no market value. No property or service, or part thereof, funded by the Federal government or received or used as match under other Federal assistance agreements, qualifies as a matching in -kind contribution unless authorized by Federal law. Matching in -kind contributions are only eligible in NAWCA grants, not NMBCA. NAWCA means the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq., and amendments thereto). NMBCA means the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101 et seq., and amendments thereto). Notice of Grant Requirements means a written instrument recorded in the county recorder's office, the registrar of deeds office, the cornrnissioner of deeds office, the county registrar's office, or the bureau of conveyances, in reference to any real property right that is part of a NAWCA- funded project. The Notice of Grant Requirements states the purpose of project and serves as notice that any sale or encumbrance of the referenced property rights must be approved by the FWS. 30 U.S. GRANT ADMINISTRATION STANDARDS JANUARY 2OO6 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act Obligate funds means place an order, award a contract, award a grant, receive a service, or make a similar transaction during a given period that will require payment during the same or a future period. Old match means eligible matching in -kind contributions acquired or performed before the FWS receives a NAWCA proposal. Matching in -kind contributions are not eligible for a NMBCA proposal. Other authorized titleholder means any entity that holds an interest in real property acquired with grant or matching funds or as a matching in -kind contribution, but is not necessarily a "recipient" or "subrecipient." One example of an "other authorized titleholder" is a nonprofit organization that buys land and commits it as match for a NAWCA project, but retains ownership and continues to administer the land for the purposes of the project. Another example would be a nonprofit organization that received title to land acquired under a Grant Agreement as a FWS- transfer five years after the funding period. Partner is a group, agency, organization, or individual which participates in a specific NAWCA or NMBCA project as recipient, subrecipient or match provider. Pre agreement costs means those project costs to be funded by Federal grant and /or matching funds, which are incun•ed after FWS receives the proposal and before it signs the Grant Agreement. Such costs are allowable only to the extent that they would have been allowable if incurred during the funding period. This term is synonymous with "pre -award costs Program income means gross income earned by the Recipient or subrecipient that is directly generated by the Grant Agreement or earned only as a result of the Grant Agreement. Program income may be generated by both the federally funded and match- funded portions of the award, but must be generated after the beginning of the funding period. Program income includes but is not limited to: income from recreational or other fees; income from the use, rental, or lease of any real or personal property; the sale of timber, firewood, hay, seed, wild rice, agricultural production, and other commodities; and the sale of specific quantities (but not the real property interests therein) of water, earth, gravel, oil, gas, and minerals; and the use or rental of personal or real property acquired under the Grant Agreement. Net program income is program income less the costs incident to the generation of the program income, provided these costs have not been: (a) charged to the Federal funds in the award; (b) charged to a matching cash contribution; or c) provided as a matching in -kind contribution. Project means a program of related undertakings necessary to fulfill a defined need consistent with the purposes of NAWCA or NMBCA and approved by the Migratory Bird Conservation Commission or FWS Director, as applicable. Project Activity refers to any undertaking sponsored by grant funds or accomplished through a matching contribution. Project activities are defined in the application instructions for NAWCA and NMBCA grants. Proposal means all the documents that are submitted with, or pursuant to, a NAWCA or NMBCA grant application to the FWS. Real property means land, including land improvements, structures, and appurtenances such as trees, grass, and other plants growing on the land except crops. It does not include movable machinery and equipment. Real property valuation means the method used for determining market value of real property, generally a professional appraisal. Recipient means an entity that receives an award to carry out a project. The Recipient is the entire legal entity even if only a particular component of the entity is designated in the grant award document. Restore habitat means to return the quantity and quality of habitat to some previous condition, often some desirable historic baseline considered suitable and sufficient to support healthy and self sustaining populations of fish and wildlife. 31 n U.S. GRANT ADMINISTRATION STANDARDS— JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act State means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State exclusive of local governments. Subaward means financial assistance in the form of money or property made under an award by a Recipient to an eligible subrecipient or by a subrecipient to a lower -tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but does not include procurement of goods and services. For the purposes of the NAWCA Grants Program, "subaward" is synonymous with "subgrant." Subrecipient or subgrantee is the legal entity that receives a subaward and is accountable to the Recipient for the use of the funds provided. The subrecipient is the entire legal entity even if only a particular component of the entity is designated in the grant award document. Suspension means an action taken by a suspending official in accordance with the regulations in 43 CFR, part 12, subpart D, that immediately excludes a person from participating in covered transactions for a temporary period, pending completion of an investigation, pending completion of an investigation and such legal, debarment, or Program Fraud Civil Reinedies Act Proceedings as may ensue. A person so excluded is suspended. A person within the context of this definition is an individual, corporation, partnership, association, unit of government or legal entity, however organized, except: foreign governments or foreign governmental entities, public international organizations, foreign government owned (in whole or in part) or controlled entities, and entities consisting wholly or partially of foreign governments or foreign governmental entities. Tenant means a person who has the temporary use and occupancy of real property owned by another, whether for residential or business purposes. Term of an agreement means a provision or condition of that agreement. Term of a less than perpetual easement means the length of time that the holder of the easement may exercise limited use of another's land. Tenn of a lease means the length of time that a tenant may rightfully occupy the premises, as stipulated in the lease document. Transfer of title means a change in ownership of any or all real property rights. 32 U.S. GRANT ADMINISTRATION STANDARDS-JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act INDEX 36 CFR, 5, 9 43 CFR, 4, 10, 11, 24, 26, 32, 35 49 CFR, 1, 4, 10, 15, 16, 18, 19, 20 Acquisition, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 16, 17, 18, 19, 20, 21; 31, 32 Acreage, 6, 7, 9, 22, 32 Addition, 7, 11, 28 Advance(s), 6, 9, 11, 12, 13, 21, 32 Allocable, 10, 11, 15, 31, 32 Allowable, 1, 2, 5, 8, 10, 11, 34 Applicant, 8, 31 Appraisal, 2, 15, 16, 17, 18, 33, 34 Appraisal review, 15, 16, 17, 18 Assistance award, 4, 6, 23, 28, 31, 32 Assurances, 1, 4, 5, 16, 28, 32 Audit, 3, 12, 26, 27 Authority, 1, 3, 4, 5, 16, 18, 24, 27 Authorized Representative, 28 Award, 5, 10, 22, 28, 29, 31, 32, 34, 35 Bargain sale, 17, 18, 31 Boundaries, 7, 21 Buyer, 16, 17, 18, 31 Certifications, 1, 4, 28, 32 Changes, 17, 21, 22, 35 Closing statement, 18 Condemnation, 2, 15, 16, 18 Conservation, 11, 21, 31, 32 Construction, 4, 22, 31, 32 Cost Principles, 8, 11, 22, 33 Cost sharing, 11 Costs, 1, 2, 7, 8, 9, 10, 11, 13, 14, 15, 22, 23, 26, 31, 32, 33, 34 Create, 3, 7, 21, 22, 27, 32 De minimis, 22 Debarment, 3, 4, 24, 25, 26, 28, 32, 35 Debt, 3, 26 Deduction, 11 Deed, 3, 18, 19, 31, 33 Documentation, 1, 5, 6, 7, 9, 16, 17, 18 Drug -Free Workplace, 5, 29 Easement, 3, 17, 18, 19, 20, 21, 27, 31, 33, 35 Electronic funds transfer process, 5, 6, 11, 32 Eligible cost, 32 Eminent domain, 16, 18 Encumber, 3, 20, 32 Endangered Species Act, 5, 15 Enhance, 3, 7, 20, 21, 22, 27, 32 Equipment, 2, 3, 7, 13, 14, 27, 32, 34 Excess, 1, 9, 12, 14, 17 Execution, 5 Extension, 3, 21, 22, 29 Federal assistance, 12, 32, 33 Federal cash advance, 2, 12, 13 Federal cash transaction, 6, 32 Fees, 15, 34 Funding period, 1, 2, 3, 6, 7, 8, 10, 11, 21, 22, 24, 32, 34 Grant Agreement, 1, 5, 8, 12, 15, 16, 18, 25, 26,29,31,32,35 Grant funds, 1, 2, 3, 7, 8, 11, 12, 13, 15, 17, 19, 23, 31, 32, 33, 34 Grant officer, 29, 30 Health and Human Services, 12 Income, 2, 10, 11, 34 Incurred costs, 33 Indirect costs, 2, 11, 22, 32, 33 Interest in real property, 2, 14, 18, 19, 20, 31, 33, 34 Interest bearing account, 2, 12, 13 Jurisdiction, 4, 19 Landowner, 16 Lease, 2, 3, 17, 18, 19, 20, 21, 27, 31, 34, 35 Lobbying, 5, 28, 29 Maps, 7 Market value, 2, 14, 16, 17, 18, 31, 33, 34 Matching cash contribution, 1, 8, 10, 33, 34 Matching contributions, 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 17, 18, 20, 22, 33, 34 Matching in -kind contribution, 1, 6, 7, 8, 9, 10, 14, 18, 19, 20, 32, 33, 34 Monitoring, 3, 24, 27 National Environmental Policy Act, 5, 15 National Historic Preservation Act, 1, 5, 9, 15 National Wildlife Refuge System, 5, 6 Neotropical Migratory Bird Conservation Act (NMBCA), 1, 2, 3, 4, 8, 9, 10, 11, 15, 16, 18, 19, 20, 24, 27, 31, 32, 33, 34 Noncompliance, 3, 22, 23, 24, 26 Non Profit, 10, 27, 34 North American Wetlands Conservation Act (NAWCA), 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 15, 20, 21, 24, 27, 31, 32, 33, 34, 35 Notice, 2, 5, 16, 17, 19, 29, 30, 33 Notice of Grant Requirements, 19, 33 Objectives, 6, 7, 9, 32, 33 33 LT.S. GRANT ADMINISTRATION STANDARDS JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act Obligate, 31, 34 Obligation, 3, 8, 12, 14, 15, 17, 20, 32, 33 Old match, 5, 34 OMB Circulars, 8, 31 Overhead, 2, 11 Partner, 34 Penalties, 3, 26, 29 Pre agreement costs, 1, 7, 8, 34 Program income, 2, 10, 11, 12, 34 Project Activity, 34 Proposal, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 18, 19, 20, 21, 28, 31, 32, 33, 34 Real property, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, 20, 21, 23, 25, 27, 28, 31, 32, 33, 34, 35 Real property valuation, 15, 17, 34 Regional Offices, 6 Reimbursement, 11, 24, 32 Relocation, 1, 2, 10, 15, 16, 18, 19 Remedies, 23, 24, 26 Report, 1, 3, 5, 6, 7, 8, 9, 14, 21, 23, 26, 29, 30 Restore, 3, 7, 20, 21, 22, 27, 32, 34 Risk, 8, 15, 19 Seller, 2, 16, 17, 18 SMARTLINK, 6, 11 Standard Form 269, 6 Standard Form 272, 6, 32 Standard Form 424, 4, 5, 28, 32 Standard Fonn 424B, 4 Standard Form 424D, 4 Standards, 1, 4, 5, 8, 17, 24, 31, 32, 33 State, 10, 12, 13, 14, 17, 19, 25, 28, 30, 35 State certified, 17 Subaward, 35 Subrecipient, 1, 2, 3, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 34, 35 Substitutions, 7, 19, 21 Supplies, 2, 3, 7, 9, 13, 14, 27 Surveys, 15 Suspension, 3, 4, 24, 25, 26, 28, 35 Taxes, 15 Technical Assessment Questions, 6 Tenant, 2, 17, 18, 19, 35 Termination, 1, 5, 14, 23, 27, 30 Title, 2, 3, 8, 14, 15, 17, 18, 19, 29, 33, 34 Title insurance, 15 Titleholder, 20, 21, 34 Transfer of title, 15, 17, 32, 35 Treasury -State agreement, 12, 26 Tribal, 12, 13 Tribes, 12, 27 Uniform Appraisal Standards of Federal Land Acquisition, 17 Violation, 25, 26, 28, 29, 30 Waiver, 3, 19, 20 Wetland, 11, 21, 27, 31, 32 Year, 6, 7, 9, 12, 13, 14, 19, 21, 22, 26, 28, 32, 34 34 1. Federal Agency and Organizational Element to Which Report is Submitted US Fish and Wildlife Service 2. Federal Grant or Other Identifying Number Assigned By Federal Agency 791014244 OMB Approval No. 0348 0039 Page of pages 3. Recipient Organization (Name and complete address, including ZIP code) City of Northampton Office of Planning and Development 210 Main St., City Hall, Northampton Mass., 01060 4. Employer Identification Number 04 6001406 5. Recipient Account Number or Identifying Number 6. Final Report m Yes G No 7. Basis 0 Cash 0 Accrual 8. Funding /Grant Period (See instructions) From: (Month, Day, Year) 9/16/2006 To: (Month, Day, Year) 1/28/2008 9. Period Covered by this Report From: (Month, Day, Year) 9/16/2006 To: (Month, Day, Year) 1/28/2008 10. Transactions: I Previously Reported 1 This Period III Cumulative a. Total outlays 799,821.90 799,821.90 b. Refunds, rebates, etc. 0.00 c. Program income used in accordance with the deduction alternative 0.00 d. Net outlays (Line a, less the sum of lines b and c) Recipient's share of net outlays, consisting of: e. Third party (in -kind) contributions 0.00 799,821.90 12,000.00 799,821.90 .12,000.00 f. Other Federal awards authorized to be used to match this award 0.00 g. Program income used in accordance with the matching or cost sharing alternative 0.00 h: All other recipient outlays not shown on lines e, f or g 737,821.90 737,821.90 i. Total recipient share of net outlays (Sum of lines e, f, g and h) j. Federal share of net outlays (line d Tess line i) 0.00 0.00 749,821.90 50,000.00 749,821.90' 50,000.00 k. Total unliquidated obligations I. Recipient's share of unliquidated obligations m. Federal share of unliquidated obligations n. Total Federal share (sum of lines j and m) 50,000.00 o. Total Federal funds authorized for this funding period 50,000.00 p. Unobligated balance of Federal funds (Line o minus line n) Program income, consisting of: q. Disbursed program income shown on lines c and /or g above 0.00 r. Disbursed program income using the addition alternative s. Undisbursed program income t. Total program income realized (Sum of lines q, r and s) 0.00 11. Indirect Expense a. Type of Rate (Place "X" n appropriate box) 0 Provisional 0 Predetermined o Final 0 Fixed b. Rate c. Base d. Total Amount e. Federal Share 12. Remarks: Attach any explanations deemed necessary or information required by Federal sponsoring agency in compliance with governing legislation. 13. Certification: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award documents. Typed or Printed Nanie and Title Wayne Feiden Telephone (Area code, number and extension) (413) 587 1265 Signature of Authorized Certifying Official Date Report Submitted January 25, 2008 Previous Edition Usable NSN 7540 -01- 012 -4285 FINANCIAL STATUS REPORT (Long Form) (Follow instructions on the back) 269 -104 Standard Form 269 (Rev. 7-97) Prescribed by OMB Circulars A -102 and A -110 200 -498 P.0.139 (Face) 1. Federal Agency and Organizational Element to Which Report is Submitted US Fish and Wildlife Service 2. Federal Grant or Other Identifying Number Assigned By Federal Agency 791014244 OMB Approval No. 0348 0039 Page of pages 3. Recipient Organization (Name and complete address, including ZIP code) City of Northampton Office of Planning and Development 210 Main St., City Hall, Northampton Mass., 01060 4. Employer Identification Number 04 6001406 5. Recipient Account Number or Identifying Number 6. Final Report m Yes 0 No 7. Basis 0 Cash 0 Accrual 8. Funding /Grant Period (See instructions) From: (Month, Day, Year) 9/16/2006 To: (Month, Day, Year) 1/28/2008 9. Period Covered by this Report From: (Month, Day, Year) 9/16/2006 To: (Month, Day, Year) 1/28/2008 10. Transactions: I Previously Reported 1 This Period III Cumulative a. Total outlays 799,821.90 799,821.90 b. Refunds, rebates, etc. 0.00 c. Program income used in accordance with the deduction alternative 0.00 d. Net outlays (Line a, less the sum of lines b and c) Recipient's share of net outlays, consisting of: e. Third party (in -kind) contributions 0.00 799,821.90 12,000.00 799,821.90 12,000.00 f. Other Federal awards authorized to be used to match this award 0.00 g. Program income used in accordance with the matching or cost sharing alternative 0.00 h. All other recipient outlays not shown on lines e, f or g 737,821.90 737,821.90 i. Total recipient share of net outlays (Sum of lines e, f, g and h) j. Federal share of net outlays (line d less line i) 0.00 0.00 749,821.90 50,000.00 749, 821.90 50,000.00 k, Total unliquidated obligations L Recipient's share of unliquidated obligations m. Federal share of unliquidated obligations n. Total Federal share (sum of lines j and m) 50,000.00 o. Total Federal funds authorized for this funding period 50,000.00 p. Unobligated balance of Federal funds (Line o minus line n) Program income, consisting of: q. Disbursed program income shown on lines c and /or g above 0.00 r. Disbursed program income using the addition alternative s. Undisbursed program income t. Total program income realized (Sum of lines q, r and s) 0.00 11. Indirect Expense a. Type of Rate (Place "X" in appropriate box) 0 Provisional 0 Predetermined 0 Final 0 Fixed b. Rate c. Base d. Total Amount e. Federal Share 12. Remarks: Attach any explanations deemed necessary or information required by Federal sponsoring agency in compliance with governing legislation. 13. Certification: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award documents. Typed or Printed Name and Title Wayne Feiden Telephone (Area code, number and extension) (413) 587 1265 Signature of Authorized Certifying Official o.4 /s, Date Report Submitted January 25, 2008 Previous Egtion Usable NSN 7540 -01- 012 -4285 FINANCIAL STATUS REPORT (Long Form) (Follow instructions on the back) 269 -104 Standard Form 269 (Rev. 7 -97) Prescribed by OMB Circulars A -102 and A -110 200 -498 P.0.139 (Face) PSC 272 FEDERAL CASH TRANSACTION REPORT STATUS OF FEDERAL CASH CITY OF NORTHAMPTON 210 MAIN ST ROOM 5 NORTHAMPTON,MA 01060 PIN: B9151 PAN: B9151P1 ACH REGION: 01 STATE: SIGNATURE: EIN: 1046001406A2 MA 1. CASH ON HAND BEGINNING OF REPORTING PERIOD 2. TOTAL RECEIPTS (SEE STATEMENT OF CASH ACCOUNTABILITY FOR DETAILS) 3. TOTAL CASH AVAILABLE 4. NET DISBURSEMENTS (FROM PSC 272 -A) 5. CASH ON HAND END OF PERIOD (LINE 3, MINUS LINE 4) 6. THE AMOUNT SHOWN ON LINE 5, ABOVE, REPRESENTS CASH REQUIREMENTS FOR THE ENSUING DAYS 7. INTEREST INCOME 8. ADVANCES TO SUBGRANTEES OR SUBCONTRACTORS AUTHORIZED CERTIFYING OFFICIAL I CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT THIS REPORT IS TRUE IN ALL DISBURSEMENTS HAVE BEEN MADE FOR THE PURPOSE AND CONDITIONS OF THE GRANT OR SUBMITTED ON: Mon Feb 26 NAME AND TITLE: Wayne Feiden, Director of Planning TELEPHONE: (AC) 413 (NUMBER) 587 -1265 (EXT.) THE PMS CONTACT WHO IS RESPONSIBLE FOR YOUR ACCOUNT IS REGENIA MITCHELL OR STAFF AT: 301- 443 -1500 RETURN THE COMPLETED FORM TO: DIVISION OF PAYMENT MANAGEMENT P.O. BOX 6021 ROCKVILLE, MD. 20852 OR FAX TO 301- 443 -0377 https: /e272.dpm.psc_ ov /272 _pc.php ?db =e272 &pin =B9151 &pan r PERIOD COVERED BY THIS REPORT: 10/01/2006 12/31/2006 USER CODE: F46 P -TYPE OMB NO. 0990 -078 RESPECTS AND THAT ALL AGREEMENT. 03:21:31 2007 0.00 0.00 0.00 50,000.00 50,000.00 1 of 1 2/26/2007 3:23 PM HP OfficeJet K Series K8Oxi Personal Printer /Fax /Copier /Scanner Log fore Feb 26 2007 5: l 1pm Last Transaction Date Time Type Identification Duration Pages Result Feb 26 5: lOpm Fax Sent 913014430377 0:51 2 OK DEPARTMENT OF HEAL HUM Division of Payment Management P. O. Box 6021 Rockville, Maryland 20852 Mr. Wayne Feiden Director of Planning and Development City Of Northampton 210 Main Street, City Hall Northhampton, MA 01060 Dear Mr. Feiden: C 6 E 11 �/J Program Support Center lJ r 1 SEP 2 5 2006 N OR D DE P P NINA 'eptember 21, 2006 Mn ***CERTIFIED MAIL RETURN RECEIPT REQUESTED SmartLink II USERNAME: DPMGATEB9151P1 SmartLink II PASSWORD MOM i4 Oa"' Payee Account Number: B9151P1 Welcome to the Department of Health and Human Services' Payment Management System (PMS). This letter is to introduce our office, the Division of Payment Management (DPM), to you. DPM is the division within the Program Support Center of the Department of Health and Human Services responsible for the Payment Management System (PMS) and for ensuring proper cash management for Federal grant monies. The PMS is an automated system electronically accessible by recipients for funding and reporting purposes. This letter also provides you guidelines on how you may withdraw funds from PMS and how to access your PSC -272 Federal Cash Transaction Report. You have been informed by the U.S. Fish and Wildlife, Division of Bird Habitat Conservation, Depailiuent of Interior, that your organization will be requesting funds through our Internet based payment system called SMARTLINK II. You should refer to the Assistance Award provided to you by the Division of Bird Habitat Conservation to locate your sub account(s) to be used when requesting funds. Your sub account number is the Agreement Number which is located in the upper left hand corner of the Assistance Award. To access SMARTLINK II, go to the Division of Payment Management (DPM) Welcome Page at (http: /www.dpm.psc.gov) and click on the SmartLink Payment Request The first time you logon to the new PMS you must change your password (see page introduction 15 of the Recipient's Guide for instructions). Please enter your name, phone number, and e -mail address in the fields provided on the "My User Info" screen. When changing your password, your new password must be at least six (6) characters in length and contain at least one numeric character. Your logon username and password must be safeguarded at all times. Use of the SMARTLINK II" payment system acknowledges the acceptance and responsibility for system security. We thank you and your staff for your support and cooperation and we look forward to continuing this professional relationship with you on our payment system. If at anytime you have questions, need additional assistance or an emergency need for funds arises that cannot be processed via SMARTLINK II, please feel free to contact your account representative, Regenia Mitchell, at 301 443 -1500. Enclosures Sincerely, R nia Mitchell, Accountant Crass Servicing Payment Team ELECTRONIC 272 PASSWORD The Division of Payment Management(DPM) uses an automated PSC -272 as approved by the Office of Management and Budget (OMB) for ELECTRONIC REPORTING. These computer- generated reports are for your reporting requirements, and you will be processing your PSC 272 report using the "Electronic PSC 272 System This process will facilitate you reporting cash disbursements to the Payment Management System (PMS) quarterly. The Electronic 272 Data is generally available within 7 to 10 days after the end of the quarter and your PSC 272 report is due within 15 business days after the end of the quarter. The dates for which the PSC 272 data is available will be announced through the Smartlink II payment system bulletin board at the end of each quarter. Below is your PIN and PASSWORD information. In order to access your Electronic PSC 272, go to the DPM Home Page at http: /www.dpm.psc.gov. and then select, log on to Electronic 272 Reporting, enter your PIN and PASSWORD, select your PAN, and then select the PSC 272 form to: view /process. The last step in processing your PSC 272 and uploading it to the PMS system is "click here to upload You can print your PSC 272 using the print function contained in your Internet browser software. This will complete your PSC 272 processing. If you discover any discrepancies in the PMS 272 data, you should contact your DPM account representative on 301 443 -1500 (English) or 301 443 -3507 (Espanol). PIN B9151 PASSWORD 6675943594 INSTRUCTIONS TO PROCESS YOUR ELECTRONIC PSC 272 REPORT 1. ENTER WEBSITE OUR HOMEPAGE: WWW.DPM.PSC.GOV. CLICK "ELECTRONIC 272" BUTTON IN TOP LEFT HAND CORNER. ON THE "DPM SECURE LOGIN" SCREEN, CLICK ON "ELECTRONIC 272 REPORTING THEN TYPE YOUR PIN (THAT IS YOUR ACCOUNT /PAN# WITHOUT THE 'P' OR 'P1' AT THE END) AND TYPE PASSWORD. THEN SELECT YOUR PMS /PIN# AGAIN. REMEMBER: READ EVERYTHING THAT POPS UP ON YOUR SCREEN. IT WILL HELP YOU 2. START WITH THE 272A PAGE FIRST. THE ONLY COLUMN YOU NEED TO FILL OUT IS COLUMN "E IF YOU DON'T SEE A 272A PAGE LISTED ON THE SELECTION SCREEN, THEN PROCEED TO LINE #3 ON THIS INSTRUCTION SHEET. JUST REPORT HOW MUCH YOU HAVE DISBURSED /SPENT CUMULATIVELY, (WHETHER YOU HAVE DRAWNDOWN THE FUNDS THROUGH THE SMARTLINK/ PAYMENT MANAGEMENT SYSTEM OR NOT), AGAINST EACH GRANT AWARD ON THE PSC 272 -A REPORT UPTO THE END OF THE QUARTER. REMEMBER: THIS IS A CUMULATIVE REPORT SO IF YOU COMPLETED A REPORT LAST QUARTER THAN SIMPLE ADD ON TO WHAT YOU REPORTED LAST QUARTER IN COLUMN "E" AGAINST EACH AWARD THAT IS LISTED ON THE 272A FOR EACH QUARTER. CUMULATIVE MEANS FOR THE PAST AND PRESENT GRANT PERIOD. REPORT ON THE WHOLE AUTHORIZATION AMOUNT FOR EACH GRANT LISTED. 3. IF YOU HAVE A 272G PAGE LISTED, THEN THAT MEANS YOUR GRANT /S ARE INACTIVE, MAYBE BECAUSE IT IS PAST THE GIVEN GRANT PERIOD OR YOU HAVEN'T REPORTED ON THEM IN A WHILE IF YOU NEED TO REPORT ON ONE OF THE AWARDS THAT ARE LISTED ON THE 272G PAGE, THEN A. CLICK ON 272G B. CLICK ONE TIME -ON EACH AWARD DOCUMENT YOU NEED TO REPORT DISBURSEMENTS OR MAKE ADJUSTMENTS AGAINST. AFTER YOU CLICK ON EACH AWARD DOCUMENT YOU WILL SEE THAT IT SAYS "MOVE TO 272A C. THEN CLICK ON 'SELECT FORM' AND CLICK ON 272A AND REPORT YOUR DISBURSEMENTS THE SAME AS THE AWARDS LISTED ABOVE THE PAGE. (IF YOU DON'T SEE THE AWARD /S YOU MOVED FROM THE 2720 PAGE THEN SCROLL DOWN THE 272A PAGE AND IT WILL APPEAR AT THE BOTTOM) REMEMBER: READ EVERYTHING THAT POPS -UP ON THE SCREEN. IT WILL HELP YOU. 4. AFTER YOU REPORT YOUR CUMULATIVE DISBURSEMENTS IN COLUMN "E" OF YOUR 272A PAGE, LOOK IN THE MIDDLE OF. THE PAGE AND CLICK THE "REFRESH UPDATE" BUTTON. 5. AFTER CLICKING THE "REFRESH UPDATE" BUTTON, THEN CLICK THE "RETURN TO 272 BUTTON 6. YOUR NET DISBURSEMENTS WILL AUTOMATICALLY APPEAR ON LINE ITEM 4. PROCEED TO LINE ITEM 5 AND REPORT YOUR CASH ON HAND. IF YOUR CASH ON HAND IS NOT 0.00 OR A NEGATIVE THEN FILL -IN LINE ITEM 6. DON'T REPORT YOUR INTEREST ON YOUR 272 REPORT. 7.. CLICK "CERTIFY" BUTTON. THEN TYPE YOUR NAME, YOUR TITLE, TELEPHONE ETC. ALSO THE PREPARER'S NAME, TITLE, TELEPHONE IF IT IS THE SAME PERSON THEN TYPE THE SAME INFORMATION. 8. GO TO THE VERY BOTTOM OF THE SCREEN AND CLICK "UPLOAD" BUTTON. 9. PRINT ALL PAGES FOR YOUR RECORDS, THEN FAX ONLY THE PSC272, WITH YOUR SIGNATURE TO 301- 443 -0377. DEPARTMENT OF HEALTH AND HUMAN SERVICES Program Support Center Division of Payment Management Post Office Box 6021 Rockville, MD 20852 1. Go to our website at www.dpm.psc.gov. 2. Look in the upper right hand corner of the screen and click on "SmartLink 3. Click on "SmartLink Payment Request" from the Service menu. 4. In CAPITAL LETTERS, type in your assigned User Name and click the field directly below. (Remember, this will always be your User Name!) Type in your Password, then Click OK. This is only a temporary password: You will use this to access the SmartLink System only!) You will now see a. grey bar that says, "Click here to access the Payment Management System Click on that grey bar. You are now going to change your temporary password. 7: Look all the way to the left side of your screen. (You may need to "scroll down You will see MY USER INFO. Click on it! 8._ You are now in the USER INFO SCREEN. Your User Name will be the first thing you see, preprinted for you. Below that is a field for OLD PASSWORD. Please enter your temporary password given in step 5. Then, CLICK IN THE FIELD DIRECTLY BELOW. 9. Your NEW PASSWORD is one that you will create now. Your password must containthe" following: it must beat least 6 :characters long it.inust be alpha- numeric (it must contain at least ONE letter and/or ONE number) we recommend you use capital letters for consistency with your User Name which must always be capitalized. After you decide on a password, type it in and CLICK THE CHANGE BUTTON.. In the Confirm Password box, we just want you to type in your newly created password again. After doing so, click OK. Next, you will do EITHER step 114 OR 11B. p 11A. For Microsoft Explorer users ONLY, there will be a box that appears in the middle of your screen that says, "Enter Network Password Your User Name will be pre printed You will need to re -enter your newly created password only, Click OK. Go to step 12. 11B. For Netscape Navigator users ONLY You will get.a message that says "authorization failed Click OK. The User Name may or may not be pre- printed in the next screen: If it is not,* please re -enter it. Re -enter your newly created password, once again. Click OK. Go to step 12. 12." Thenext screen should say, "Change Transaction Complete 13. Lodi( all the way to the left side of your screen. (You may need to "scroll down") Click on "Payment You should now see "Request for Payment" appearing below. Click on "Request for Payment 14. Your screen should now say "Request for Payment There is a blank box for you to enter your Account Number. Your Account Number is located as a reference in your letter. After typing this in, click.on Account. .15. Your Account Number will be pre- printed. Payment due date is the next business day's date. Please type it in with the month/the day /the full year. (For example, September 1, 2002 would be entered as: 09/01/2002). Expected Disbursement Amount is the amount you expect to spend for all programs on your account! This refers only to funds .that you want to be advanced (Advances are for immediate disbursement needs ONLY!) 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Saw Mill Hills Conservation Area 2 Final Report North American Wetlands Conservation Act Small Grants Application Fitzgerald Lake Conservation Area and Saw Mill Hills Conservation Area Bird Habitat and Wetlands Expansion Project City of Northampton, Massachusetts 0 2 Fitzgerald Lake Conservation Area 4 Miles City of Northampton, Office of Planning and Development 210 Main Street, City Hall Northampton, Massachusetts 01060 Roads AV HIGHWAY A/ LOCAL N MAJOR A/ PRIVATE I I Parcels 4 Table of Contents Final Report Summary of accomplishments Forms: o Financial Status Report SF269 o Financial Expenditures Table o Maps and Geographic Coordinates: Fitzgerald Lake Conservation Area and Identifying Parcels Saw Mill Hill Conservation Area and Identifying Parcel Supporting Documentation Section F -12 of the U.S. Grant Administration Standards, "Acquisitions of Real Property Documentation o Fitzgerald Lake Conservation Area Acquired Property Parcel 02 -009 3.6 Acres Parcel 03 -001 8.8 Acres Parcel 02 -018 17 Acres o Saw Mill Hills Conservation Area Parcel 21 -002 44.55 Acres (Now Parcel 03 -022) (Now Parcel 02 -014) (Now Parcel 03 -022) Final Report Project: Fitzgerald Lake Conservation Area and Saw Mill Hills Conservation Area Bird Habitat and Wetlands Expansion Project. Location: City of Northampton, Hampshire County, Massachusetts. Congressional District: 2. Grantee: City of Northampton Office of Planning and Development. Contact: Wayne Feiden, (413) 587 -1265, wfeiden @NorthamptonMA.gov Partners: Broad Brook Coalition. Approved: March 2006. Grant: $50,000. Matching Funds: $62,000. Nonmatching Funds: None. Joint Venture Region: Atlantic Coast. Flyway: Atlantic. BCR: 30. This fmal report is a compilation of supporting documentation for completion of the fmal phase of the North American Wetlands Conservation Act Small Grants Application NAWCA). The $50,000 NAWCA grant helped the City of Northampton acquire and permanently protect 73.95 acres of valuable wildlife corridors, wetlands and forests. The land was acquired in fee simple and will be protected in perpetuity by the City of Northampton's Conservation Commission. The funding allowed the City to expand two conservation land areas: The Fitzgerald Lake Conservation Area and Saw Mill Hills Conservation Area. Matching funds were provided by the City of Northampton and in partnership with the Broad Brook Coalition, which manages and maintains the Fitzgerald Lake Conservation Area. The City of Northampton thanks the U.S. Fish Wildlife Service, Division of Bird Habitat Conservation for providing these funds, and we look forward to future collaborations. €4 F,mexlyer klen51 a Number 15 Resort,! ACYOnidr7uv nm Adden!ryng NumLar 04.8901408 'G. joo(nyoo 1 Y ri vas .a oa 8.3 14 CPO, II Aotro 8 s na.AP:3a t Perzd (Seda1-rnrc5vl3f 84put OM., Day. Yean Ito 8.0Oa54. .Day 15oo, 011612009 I 12//512007 0 a tmer*doy^aeROpon F. 8...nl,:.ay Y1.0" 011012008 is jPlan331)..roan 12452007 DS ?ro nzaaars. P0irotaly Repcaots 1 10sPerlad hi 0444rNam a FdalWdrrt 114,821.90 114.82190 b Rc,,,*da:mmteu. et 0.00 0.00 s Pro 3.x5 10,0154, 10,010,0154, n roe s+ a:oxaanca dm dt045unn,amatn1 000 0.00 a Nm rualar. flu. a. loss me wrn of 50e$ a amf c' 1 0158 114,9.21.00 1 18.1 nt'sshun, or not outlays. cpnslsildg of taw poly rnkiMfi Wnhuonr 12,900:00 i 2000.00 f 011 ASidAW0td0 000mlred to ixrsaod at rnohlneaward 0. 00 0.00 g Program dome urea 1.4ttOra±•eWO dal !rotor .0g or cz: lvi:ma aller[HOee 0 .00 0410 map9lnt OUdOysKtat ro000 tae tau; 52,821 90 52,821 90 tot,g Ieeyan /Surnofamsa. A auaul 0.00 64.821,90 04,821.90 t. Pa S nOtaolmxa (nne nioxxiani 0 :0p so;00009. 50.000:1[0 rx. FolS mSq*5 Dd0554VPus 0.90 1 €iOW.an fsshare G uiututtata&r »Oaaans 0,00 n Pedarri AIWA el uro.adaMd ablgsbedi 0 FMal. eodCmletlaln(..ru AnneslinriaU 50,000.00 foalFedeOai'anda auemr..d fur 003 hotair;;fa-a 50.000.00 5 thuN.dgblod.A... of 000011u1011 394 31 31.1e4/3 rd o, tt t Program inOwmt,cansisting of: Q. Na5Jtnedp,^3grom rzwlwCShcon.A'n no oioi/or g abb. 0.90 t)Sbinsea param rex,. otaniacad:+on olama*w: 0, 00 0000410 s1 ploy.; uoanalz O.W 1. T03,a1 Prog lncamntdoe0O0 (sum or mum d. rand al 0,00 0 Type of 854 U''lanY 7('m aµ:ROtv0:2 bd0D :It inUin53 LI Ptnvlsio4al a Pr dotarmtnad 13 Flom D Fixed F..ry,onte b 9*5 6 Rojo 0 0 TAM/ Auatxa PP.Oem: Srato 008 800 £15 Ram A 1140 rir linonr441m95anrv!el Ms1Of /Oru:r o5*1* o3g3'm3 O,F p;anr apon i »r+t p ts orksur#4.tvntn 5430/ riOrg r451* .,o 17 Ckrx ritatrclP. -lcamly to rho asst td My iil0wwrrgea 001 04 that II.topnot is correct andcomnlcm 000 blot anaudaYsadd imllgblaated dtntarme aorposos xat tom,. i4 it,e OWarddocunlanti. €1 7(04 0P puled NPR! and Trk 's it k98000 SA1e3ea12 Wayne Feirien 413 587 -1265 n n '000e,entonf ........._....M... Repo :sigma :pool AUtoaamecen5Y 5 00r3al ri1558 :18. 1 d 5 i 4"h.. i e."'''''..--'‘ December 5, 2007 FINANCIAL, STATUS REPORT (Long Form) (Follow lestt teens on the bock) 1 1 1 0at .)Agent} 005010p 1 udrumdtEhmWI! P050lal Gra0l drOther14001 :ryn5 1a 441.8 Rec ;is5unnutea 85 FMOral5Sency U.S. Fish and MONO Service 791014244 R evs,emOrgsmxason (Nam one tomato. oddrasa. .neluding LIP 0051 �'Cily tlf Northampton Office of Planning and DeVelopmenl 2 €0 Main Street, City Hai, Northampton Mass.: 01060 d 110581.103 11813 7540 -01.9`22. Form SF269 Financial Status Report 500.455 1 "G 124 115.000 O rd8Aarnova! [Papa or 1 NO 0348.0039 angea emrsfa,d relm 208380u v 5'4 150533443518053 4.1110 Part III Overhead and Labor* $5,000.00 Staff time Parcel 21 -02 -18.21 hectares Staff time Parcel 30 -01 -4.13 hectares Staff time Dryzgula -1 .46 hectares Staff time VFW -6.88 hectares Staff time Sullivan -1.58 hectares ACOUISITION:Appraisals* $7,000.00 Appraisal Parcel 21-02-18.21 hectares ACOUISITION:Closina Costs* 57,000.00 Recording fees Parcel 21 -02 -18.21 hectares Title Search Parcel 21-02-18.21 hectares Recording fees Dryzgula -1.46 hectares Title Search Dryzgula -1.46 hectares Recording fees VFW -6.88 hectares Title Search VFW -6.88 hectares Financial Expenditures Table North American Wetlands Conservation Act Small Grants Application Financial Table Proposed Actual Proposed Actual Category NAWCA NAWCA City of City of Broad Broad Expense Grant Funds Grant Northam Northamp Brook Brook per Funds pton ton Coalition Coalition Category 55,000.00 $2,000.00 52,000.00 52,000.00 52,000.00 5200.00 $500.00 5200.00 $500.00 $200.00 5500.00 Proposed Actual 53,000.00 $3,000.00 $3,000.00 $3,000.00 $5,000.00 $7,000.00 $7,000.00 ACQUISITION:Gleason #1 -6.07 $3,900.00 $3,600.00 $6,000.00 513,500.00 hectares -ON HOLD ACQUISITION:Gleason #2 -2.02 $1,600.00 $900.00 $2,000.00 54,500.00 hectares -ON HOLD ACOUISITION:Drvzeula -1.46 $4,000.00 $4,000.00 hectares ACQUISITION current 525.26 tax:Dryzgula -1.46 hectares ACQUISITION- -back tax $2,156.64 Dryzgula -1.46 hectares ACOUISITION:Parcel 30-01-4.13 $4,500.00 $4,500.00 $9,000.00 hectares ACQUISITION-Parcel 30 -01- 57,040.00 4.13 hectares ACOUISITION:VFW -6.88 $9,000.00 $6,300.00 $15,300.00 hectares ACQUISITION:VFW -6.88 58,500.00 hectares ACQUISITION: Sullivan -1.58 $1,800.00 $1,800.00 $3,600.00 hectares -ON HOLD ACOUISITION: Parcel 21 -02- $10,200.00 $32,900.0 $43,100.00 18.21 hectares 0 ACQUISITION current 5317.07 tax:Parcel 21-02-18.21 hectares ACQUISITION -back tax Parcel $14,094.50 21- 02 -1S.21 hectares ACQUISITION escrow Parcel 535,588.43 $20,000.00 21-02-18.21 hectares TOTALS $50,000.00 550,000.00 $50,000.0 552,821.90 $12,000.00 $12,000.00 $112,000.0 0 0 Overhead and Labor costs are calculated as $715.00 per parcel acquisition Appraisals are calculated as $1000.00 per parcel acquisition Closing costs are calculated as $1000.00 per parcel acquisition Map I Assessor Parcel ID Acreage Coordinates: Horizontal Datum: Geographic, NAD8321 -002 Acquired Parcel 03 -001 8.8 72.651189694,42.372923421 Acquired Parcel 02 -009 (Dryzgula) 3.6 72.657929063,42.368905720 Acquired Parcel 02 -018 (VFW) 17 72.655518985,42.368257840 Fitzgerald Lake Conservation Area and Surrounding Habitat Areas 0.5 0 0.5 1 1.5 Miles Parcel 03 -01 Dryzgula Parcel Streams Rivers and Lakes Connectiout River Conservation Land Potential Acquisitions N;k Open Space f] Conservation Restriction Park Land r� Recredion Land Roads /AV/H IGH W A Y J HIGHWAY V LOCAL N MAJOR PRIVATE 0 Parcels Q Map III Acquired Parcel Coordinates: Horizontal Datum: Geographic, NAD8321 -002 21 -002 44.55 Acres 72.717296570, 42.333070448 Saw Mill Hills Conservation Area and Surrounding Habitat Areas 0.5 0 0.5 1 1.5 Miles Streams Rivers and Lakes Connecticut River ME Potential Acquisition Conservation Land Potential Acquisitions Open Space Conservation Restriction Park Land Recreation Land Roads AV/HIGHWAY N LOCAL N MAJOR PRIVATE Parcels NOTE: The following 37 pages are supporting documents for the four acquired parcels. Parcel 02-009 (Drvzgula). 3.6 Acres. Acquisition costs: $2,181.90 F -12 Documents: Assessment Settlement Statement Closing Documents Settlement Statement Check Check Deed Order of Takings Order page 1 Order page 2 Order page 3 Exhibit A Exhibit B 1Il39 /02 3 :85:2958 RESIDENTIAL PROPERTY RECORD. CARD PARCEL 10:'50 •009 NORTH TARN 5 58 P101: LIYINO UNITS: 0 CLASS: R 132 CARR1: 1 Of 1 CWRRENT.ONNER /ADDRESS ZONING: RR NEIGRTICRN00D I0: 2.00 MIRAL VALUE FLAG: COST DRY)6080 ALEX 8 ALICE N 8 LAND DATA 8 800)0R OA RIOVSK7 TYPE SIZE INFLUENCE *46188S LAND VALUE ASSESSMENT iRFDRNATICR[ PRIDE COST CURRENT ItESTf IELO NA 67085 LAND 2,900 0,0011 2,900 FORESY 3.400 2,880 188 2,900 2.$30 0,4D0 DEED BOOK: 0591 DEED PACE; S39 SALES INFORMATION 0E80 DATE: TOTAL ACREAGE: 3.600 TOTAL TARO VALUE: 2,900 LAST UPDATE /6091: 2004;213 DATE TYPE PRICE 58118)TY LAST UPDATE /889T: 200412;3 DATE: DATA COLLECTION 1NF009011ON ENTRANCE CODE: ENTRY SIGN 0:F0RKA71DN 00080E: DATA COLLECTOR: D OAT£: A;4LL180 INTIMATION N STYLE: YEAR EUI61: STORY N£IGNT'I ATTIC: 0DSCrotott TOTAL ROOTS: TOTAL. BEDROOMS: FULL PATHS: H014 Why: RATTNER OARAOE(0CAR5) EXTENS80 WALLS: OM/UNTO AREA: TOTAL L IV I NG AREA: 80588ELLNO DATA FLOTSAM EASEMENT LIVING AREAL R 5RSEFL'NT RECREATION AREA: X TEAR RNYKO£LEO: *5480800 FIREPLACE STACKS /OPENINGS: J NE584 FIREPLACES: KITCHEN REACO15 /Rf MEAT /1ENIRAI A /C: OATH REM.T)81 LE/N) MATINS 5YSTEN: FUEL TYPE: APIAL*TY WADE: PHYSICAL CONDITION COND/DESTRABILITY /l1TIL11Y INTERIOR /EX1ER10R OUTBUILDINGS A TARO TEENS PER41T DATA TYPE OTY YR PREY TREE ORD C8x0 OATS PURPOSE PRICE. ADDITIONAL DUELLING SNFORNATION ADDITIONAL FIXTURES: BRICK TRTN: STONE TRIM: X NOTES: CITY OF 8080 A52EON, MASSACHUSETTS EFFECTIVE OATS OF VALUE: 'JANUARY' 1 1998 ADDITION DATA lame 4eml That Floor £380x1 floor third Floor Ares Other. costs Seller's legal and soft costs Buyer's legal and soft costs Recording costs and tax stamps PLANNING AND DEVELOPMENT CITY OF NORTHAMPTON planning eons: venom zoning homing, partnership oedevelopmenf northempton CIS economic developmeni community development hielaric community presort anon central b•inen: architectutp Wayne Aelden. AICA, Director of Atanningend Development WfeidenWNorthamptonMA.gov +.313.587.1265 City of Northampton Conservation Land Settlement Statement Drygula Addition Fitzgerald Lake Conservation Area Consideration Toseller.... 0 City of Northampton (for back taxes)... :..:.........$2,181.90 Total .Purchase Price ......................$2,181.90 Seller paid directly, no costs reported. City paid directly, in -house attorney City paid recording, exempt from tax stamps City halt 210. MainStreet;Room 11 Northampton, IAA 01060 www•N'orthamptnnMta.got• Fax 41S-587-1264 City of Northampton, Massachusetts 210 Main Street, Room 5 "1' ,rthemptrn, MA 01050 Disbursement Account PEN Two Thousand One Hundred Fifty Six dollars. and 64 cents !0, The Orderr w,Jry'v,D,ate 01/12/2007 Vendor 4749 CITY OF NORTHAMPTON CITY TREASURER 210 MAIN STREET NORTHAMPTON. MA 01060-3110 rf ter-- r'r It' 243, 54011' I:o iao 24aat: 009 00 los 5Q9tt' AratNumtm: TAXTITLE 1r oic44(�eei npti. 175 MAP 02 -009 NORTH FARMS Yef)ltfJr N3rtie CITY OF NORTHAMPTON ecY 00241540 Vu,rtfar ChnEk... (meek Number Dale Number. sa-zeant 4749 02/02/2007 241540 2,156.64 City of Northampton, Massachusetts Disbursement Account Page Number; 1 Check Number: 00241540 NarJi v A'mt'' 2,156.64 Criecr 02/02/2007 w. Chog3�•�l ttpunt,; S 2,156.64 PaY :Tvienty Five dollars and 26 cents 41.: "stmt Ch M Crreck mi iteser Due Numbm 5 3 13468 02102/2007 241.590 di k 25:26' 1 a:.......-. ra�aru��:!: r;.. r S S: rc'. .s °'.t. ix''t%'- y,'i. City of. Northampton; Massachusetts 21O.Main'Stcnnt Nbcm Northampton, MA` n1060 blsburvument Account" .ro 40, C ITY OF'NORTHAMPTO V r oe at COLLECTOR OF TAXES '.212 MAIN:STREET= anise aE vresea NORTHAMPTON..MA. 01060.0$00' MAA5.11.01S: 13468 deijdor tVanio; ;Crack NuS 00241590 C4iark_baru,,�' 02/0212007 25.26 City of Northampton,. Massachusetts Disbursement Account. ��Inv4pgln q i InOli ett et`' 0111612007 TAXE802 -009 2 15408 :0 i 180 248a': II'09 0010550911` Vouch 175 MAP 02.009 NORTH FARMS Page Number: 1 25.25. ORDER OF TAKING THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. CITY OF NORTHAMPTON ah 903oPg: 2 2 Page: 1 al 5 Reear4ed 02109/2007 02:40 PM WHEREAS, the City of Northampton (hereinafter called the "City is a public body and corporate, organized and existing pursuant to the provisions of the Massachusetts General Laws, with offices at 210 -212 Main Street, City Hall, Northampton, Hampshire County, Massachusetts; and WHEREAS, pursuant to M.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954, the City has the power to purchase, lease or otherwise acquire real property or any interest therein; and WHEREAS, in accordance with the provisions ofM.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter 13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of :1954, the City has initiated a program far conservation of land and preservation ofopen space in Northampton ("Project"); and WHEREAS. the City of Northampton has determined that it is necessary to acquire certain parcels, as identified below. in order to carry out the Project; and WHEREAS, approval to acquire said parcels, and an appropriation of the necessary funds has been made by the City Council ofthc City of Northampton; and NOW, THEREFORE, it is ordered that acting through and under the authority ofM.G.L. Chapter40 and Chapter 79 §2, as amended, and the Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954 and pursuant to the powers set forth in those Acts, Charter and Statute and all other authority thereunto enabling, and pursuant to the provisions of Massachusetts General Laws. Chapter 79, as amended, and of any and every power and authority to it, granted or implied, the City of Northampton, hereby takes for itself in fee simple by eminent domain, for conservation and recreation through its Conservation Commission for administration, control, and maintenance under the provisions of M.G.L. Chapter 40, §3C, as amended, the land in Northampton, Massachusetts, a total of 44.5 acres more or less, described in Exhibit A. which is attached hereto and incorporated by reference herein. The City Council adoption of the Order of Taking is attached hereto as Exhibit B. The property to be taken is supposed to be owned by the heirs of Alexander Drygula, Alexander Drygula, Alice IL Dryzgula, Sophie Jablonski, and Helen 33. Kelleher, and by Barbara Laverdiere, John Philips, and Michael Kelleher. This taking is made in fce simple, and, except as provided below, is made together with any and all easements and rights appurtenant thereto, including trees, buildings, and other structures standing upon or affixed thereto and including the interests of the supposed owners, if any, in all public streets, highways, and public ways within or adjacentt to the Property. EXCEPTING.' FROM the rights taken are all easements for wires, pipes, conduits, poles and other appurtenances for the conveyance of water, sewerage, gas, oil, steam electricity and telephone communication .and other utilities now lawfully in or upon. the' Property. AND FURTHER ORDERED that in accordance with the provisions of M.O.L. Chapter 79 §6, as amended, an award oftwo thousand one hundred and eight -one dollars and 90 /100 ($2,181:90) is made by the City of Northampton for damages sustained by the owner or owners and all other persons, including all mortgagees of record.. having any and all interest in the Property and entitled to any damages by reason of the taking. The City of Northampton reserves the right to amend the award at any time prior to payment for good cause shown. AND FURTHER ORDERED that a representative of the City of Northampton shalI record this Order of "Taking in the Hampshire County Registry ofDeeds, in Northampton, Massachusetts, within 30 days from its final passage, and shall notify the Treasurer and Collector of Taxes in the of this taking in accordance. wwith.M.G.L. Chapter 79 §7F. and shall cause notice of the taking to be given to all persons entitled thereto and to do all things necessary for the validity of this Order. IN wrlNEss WHEREOF, we, the City Council: of the City ofNortlrampton, have executed this Order of Taking this St. day offrbrva r ,2007. WITNE S TO ALL: ITY IOU N CITY OF N TI Marilyn Richards David Murphy Maure artaey CERTIFICATE OF THE CLERK CITY COUNCIL, CITY OF NORTHAMPTON 1 r ymond W. LaBarge I. Lyn Nunelman, the Clerk: of the City Council of the City of Northampton, hereby certil}' that the attached Order of Taking of cenain easements located in Northampton, Hampshire County, Massachusetts, was executed on bvtra e' 2007, by Michael R. Bardsley, James M. Dostal, Maureen Carney, Paul :Spector, Mari Richards, David Narkewicz, David Murphy, Marianne L. LaBarge, and Raymond W. LaBarge, who as of that day, were and are the duly elected members of the City Council of the City of Northampton. Signed this 1 day of oCebixtziy 2007. Lyn Nuttleman, City Council Clerk City ofNorthampton EXHIBIT A Land in Northampton -more particularly bounded and described as follows: Land along the Long Division in Northampton off Coles Meadow Road being the land described in a warranty deed from. Josiah W. Parson to Alexander Dryzgula recorded in at the Hampshire County Registry of Deeds in Book 891, Page 539. This conveyance creates no new boundaries. —.9zz Councie, itosclor...d wand MO ttlefing caroi: IINALttittiMin w.,.?Ctkle ft:wt. ijyj Exhibit B cm OE NORTHAMPTON KASSACIEUSETTS Upon the recommendation of the Conservation Commission and Councilor kta e.en Carney ad ar9a 7 dal BE 11' ORDERED WHER,EAS, the Open Space and Recreation Plan. adopted by the Planning Board, Conservation Commission. Recreation Commission, and CiTN.,/ Council, recommends expansion of the Fitzgerald Lake Conservation Area; and WI Conservation Commission idezd.fied the 3.6-acre ecologically valuable addition to die Fitzgerald Lake 'WHEREAS, the parcel is currently in ID.S. ride Ivith total back approximately equal to the vafue of the parcel: and pays off the back taxes; and NOW THEREFORE 13E TT ORDERED, ...'anuaty 2007 parcel, Map ID 2-9, as an conservation Arca: and tt&e.,..s, interest and penalties on March 20, '.997, City Council authorized the acceptance of a deed for said parcel but subsequent title work found some tide defects which can be be corrected by a "friendly" caking; and WP2-.TREAS, the heirs which could be identirled and located have offered to donate their interest in the properly if the ciry WHEREAS. City has funds available to meet the entire purchasetback tax price. which IocuS rekiects the negoared price and the value of the parcel; and Thar the Citv Council adopts the Order of Taking., attached hereto. Parcel 03 -001. 8.8 Acres. Acquisition Cost $7,040 F -12 Documents: Assessment Settlement Statement Closing documents Tax Settlement Check Order of Takings (Deed documents) Order Page 1 Order Page 2 Order Page 3 Exhibit A Exhibit B TO Joan.Sarafin Chair_ Northampton Assessors FROM: Wayne Feiden,:Director of Planning and Development RE: Estimated Value of Parcel at Map3, Parcel 1 DATE: :July 20, 2006 A week ago you gave me a verbal opinion of value for the above referenced parcel. Based on our title examiners finding and our calculations, the lot has 8.8 acres. more or less. You calculated that this lot, which is back, land with no frontage: and appears to be.unbuildable, would be worth $800 an acre or $7,040. Lot size 8.8 acres or based on old Assessors maps and other data Projected land. use class 132 Value per acre 800 Total 'Value $7,040 Could you please confirm that this is your opinion of value, based.on the information available at this tune? trcur with lhHbove 4alsadation and opinion Of value: 11 (y t A (.0" „.1 M Z n.Sarafn. Chief Assessor C ofNorthampion City of Northampton, Massachusetts Planning and Development City Hall. 210 Main Street, Room 11 Northampton, MA 01060 (413) 5874266 (413) 587 -1264 fax Direct: (413) 587-1265 WFeideneNorthaniotonMA.aov Date Other costs Seller's legal and soft costs Buyer's legal and soft costs Recording costs and tax stamps ANNING AND DEVELOPMENT CITY OF NORTHAMPTON planning movervation meting housing pennon/tip redevelopment northemptun CIS aeon.= development community development historic =Intently preservotIon central himinesverehitecture Wayne Feiden, AICP, Director of Planning and Development WiettlertallorthamptortMA.gov 43.5874265 City of Northampton Conservation Land Settlement Statement Map ID 3-010 Addition—Fitzgerald Lake Conservation Area Consideration To seller 40,26 City of Northampton (for back taxes) 5 6,530.74 Total Purchase Price $7,040.00 Seller paid directly, no costs reported City paid directly, in-house attorney City paid recording, exempt from tax stamps City Hall 210 Main Street, Room 11 Northampton, MA 01060 www.NorthamptonMa.gov Fax 413-5874264 oncinal panted on aerate raper v T q titr,t" r"/ qt /r 6 be, THIS INSTRUMENT SHOULD BE FILER AT ONCE FOR RECORD OR REGISTRATION. THE COMMONWEALTH OF MASSACHUSETTS CITY OF NORTHAMPTON OFFICE OF THE TREASURER The CITY OF NORTHAMPTON holder of a tax title under a taking for non,- payment of the 1995 taxes assessed to UNKNOWN COLES MEADOW RD Subsequent: UNKNOWN on land described in the instrument of taking conveying said title, dated September 27, 1996 and recorded with HAMPSHIRE COUNTY REGISTRY OF DEEDS Book /Page 4924 0214 Document Nn. Certificate of Title. No. does hereby pursuant to General Laws, Chapter 60, Section 62, acknowledge satisfaction of the tax title account secured by such instrument of .taking. Bk 8889Pg:88 Page' a geoorded: 0912612006 02 40 PM PROPERTY: LAND CONTAINING LOCATION: COLES MEADOW:RD ASSESSORS: 003 -001 -001 REGISTRY: LAND COURT: RECORDED AT: HAMPSHIRE COUNTY .REGISTRY OF DEEDS REDEEMER City'of Northampton Witness the execution of this instrument this day of tiFa�4J 6241* :CITY OF NORTHAMPTON My .commission expire DESCRIPTION OF LAND By THE COMMONWEALTH OF MASSAC TSETTS n A) 5& HAMPSHIRE ss. Then personally appeared the above named GEORGE R. ZIMMERMAN Treasurer of the :CITY OF NORTHAMPTON and acknowledged the foregoing instrument to be the free act and deed of said town, WENOY MAllA Notay Public CommonweafN of Massschusets My Comndsaton Expires August 24, 2012 f rtS ry P Before me, N Is. TTEST :II.0.'tdPS gF (37,ST8 IABIANNB L. DONOHUS INSTRUMENT OF REDEMPTION TITLE IN MUNICIPALITY TAX TITLE NUMBER: 950022 .230 AC (more or less) 10 Treasurer Pre Eats 08/28/2006 09101/2006 dne,wire TAXES 08280612006175 TAXES•09010612006176 ,PA. Vptth 175 175 45 4 M I IOnic9,,POuppttoPt: TAXES INTEREST PENALTIES TAXES INTEREST PENALTIES iii Ai /Q ',I /....t i T.-, ti i des4 1/1 itill. 111401. O. frp 1 I NOP 1°11114t e. 04, 5 y Vendor Na s Ventior Nomd Cho ok No, Chan): pate Chock Amotuntt 13468 C3TY OF NORTHAMPTON 00234859 09/14/2006 6,630.74 Om Wesx.: A.ae chuantts 7o MC Onto, Of City of Northampton, 210 Main Strout. Roomy Northampton, MA 01060 Dishutsumoo7 Account assachusetts pay. Six Thousand Six. Hundred Thirty dollars and 74 cents CITY OF NORTHAMPTON COLLECTOR OF TAXES 212 MAIN STREET NORTHAMPTON, MA 01060 -0000 0 234659lt' 401 LBO 24881. 0 09 00105509 City of Northampton, Massachusetts Disbursement Account fi F a c t >,,L i. entlat Chuck Cheet. rlomber Do, Nmber 57 -X451 13468 09/14/2006 234859. r $6,6330.74 1 �r G �piL 'ruw+ itv maserer POGO Number 1 Check: Number: 00234859 M 86 8864Pg.77 Page at 6 PeCardea 08/2912004 1:27 AM ORDER OF TAKING roseq .1 THE COMMONWEALTH OF MASSACHUSETTS Hatnpshire, ss. CITY OF NORTHAMPTON WHEREAS, the City of Northampton (hereinafter called the "City") is a public body and corporate, organized and existing pursuant to the provisions of the Massachusetts General Laws, with offices at 21 -212 Main Street City hall, Northampton, Hampshire County, Massachusetts; and WHEREAS, pursuant to 1vt.G:I... Chapter40 and. Chapter 79•§2 and the Northarnpton.Charter §13, and the Acts and Resolves of Article 1'h, Chapter 123 of the Acts of 1954, the City has the power to purchase, tease or otherwise acquire real property or any interest therein; and WHEREAS, in. accordance with the provisions of I:G.L. Chapter 40 and Chapter .79 P.• and the Northampton Charter 13,"and the Acts and Resolves of Article 11, Chapter 123 of the Aets of 1954, the City has initiated a program for conservation of land and preservation of open space in Northampton _f "Project "t. a WHEREAS. the City of Northampton has determined that it is necessary to acquire certain parcel, as identified below, in order to carry out the Project; and WHFRFAS, approval to acquire said parcels, and an appropriation of the. necessary funds has been x made by the City Council of the City ofNorthampton; NOW, THEREFORE, it is ordered that acting through and, under the authority of lvf.G.L. Chapter 40 and Chapter 79 §2, as amended, and the .Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the,Acts o1'1954 and pursuant to the powers set forth in those Acts, Charter r, and Statute and all other authority thereunto enabling, and pursuant to the provisions of Massachusetts General. Laws, Chapter 79, as amended, and of any and every power and authority to it granted or implied the City of Northtunpton, hereby takes for itself in fee simple by eminent domain, for conservation and recreation purposes, the land in Northampton, Massachusetts, consisting of a parcel containing.a total of 0.4 acres more or less, described in xhibit. which is attached hereto and incorporated by reference "herein. The property in which the Easement, hereinafter defined, is taken is supposed to be owned by Matilda G. Porter, William H. Porter, Carrie iblarrietta Porter, George W. Porter, George A. Porter, and their heirs. This taking is made in fee simple, and except as provided below, is Made together with any and all 'easements and rights appurtenant thereto, including trees, buildings, and otherstructures standing upon or affaxed thereto and including the interests of the supposed owners, if an;, in all Public streets, highways, and public ways within or adjacent to the .Property. EXCEPTING FROM the riches taken are all easements for wires, pipes, conduits, poles and other appurtenances for the conveyance of water, sewerage, gas, oil, steam electricity and telephone communication and other utilities now lawfully in or upon the Property. AND FURTHER ORDERED that in accordance wfth the provisions of M.O.L. Chapter 79 §6, as amended, an award of seven thousand and forty dollars ($7,040.00) is made by the City of Northampton for damages sustained by the owner or owners and all other persons, including all mortgagees of record, having any and all interest in the Property and entitled Many damages by reason of the taking. The City of Northampton reserves the right to amend the award at any time prior to payment for good cause shown. AND FURTHER ORDERED that a representative of the City of Northampton shall record this Order of Taking in the Hampshire County Registry of Deeds, in Northampton, Massachusetts, within 30 days from its final passage, and shall notify the Treasurer and Collector of Taxes in the City of Northampton of this taking in accordance with M.G.L. Chapter 79 §7F, and shall cause notice of the taking to be Given to all persons entitled thereto and to do all things necessary for the validity of this Order. IN WITNESS WHEREOF, we, the City Council ol'the City of Northampton, have executed this Order of Taking this /7 day ofH Sl 2006. WITNESS TO ALL: L /1/4fV DJ iatetut. "lTY CO T.AMPTON t r ael R 7 ley .r' ut/ _•riiw. /L D. Spe`cfor Marilyn A. Richards Maureen T. Carney Davi, 1 4 aak iwicx David t1.1�ku1 phyU lvfarianr(e t LaBarge t /IfCc Barge CERTIFICATE OF THE CLERK CITY COUNCIL, CITY OF NORTHAMPTON I, Lyn Nuttelman, the Clerk of the City Council ofthe City of hereby certify that the attached Order of Taking of certain easements located m Northampton, :Hampshire County, Massachusetts, was executed on 911 t,SJ 17. 2006, by Michael R. Bardsley, James M. Dostal, Maureen T. Carney, Paul Spector, .Marilyn Richards, David J. Narkewicz, David A. Murphy, Marianne L. LaBarge, and Raymond 'V. LaBarge, who as of that day, were and are the duty elected members of the City Council of the City of .Northampton. Signed this f :day o )72006. Lyn. Nuttlernan, City Council Clerk City of Northampton Containing 8.8 acres more or less. No new properly lines are being created. EXHIBIT A A parcel of land in Northampton more particularly bounded and described as follows: The parcel off Coles Meadow Road described as The Vinton Lot" on a deed dated 1888 from James Porter to Matilda G. Porter and recorded and recorded in the Hampshire County Registry of Deeds in Book 416, Page 247. excepting parcels previously sold and otherwise transferred outofthis parcel, being all of the land in the Town of Hatfield. See also deeds recorded in Hampshire Registry of Deeds in Book 412, Page 441 (that portion of the fifth parcel or the Vinton Lot within the City of Northampton) and Book 415, Page 53. (7) —9n City Council °Pierce! •tizat EXHIBIT U 1 CITY OF .NORTHAIMPTON MASSACHUSETTS July 20 2006 'Upon the recommendation of the:Conservation Couintissicin and Councillor 'Maureen .Carney .RE Tr ORDERED WHEREAS, A $.8 acre, more or less, "owner unknown" parcel abuts a portion of the Feralcl Lake Conservation Area and has been identified by the Conservation Commission as a great addition to the conservation area; and WHEREAS A title search of the "owner-unknown" prciperty identified significant title defects that can best be corrected by a "friendly" taking; and 'W HEREAS, The Northampton Assessors estimate the value of this property at $7,0410, inclusive of a back taxes, interest and tax title fee which would be paid at closing; and WHEREAS, The City has already appropriated funds necessary fbr this purchase in a tax title capital improvement account and other accounts; NOW THERERE FO BE IT ORDERED. That the City Council adopts the Order of T attached hereto. Subject Ti 5 =:''..a.'.1 .....,,...14: la Ciry towil.. Aug= 17,2006 AUestr 1 i Clark orCourvi Miles suspentleil,ixisard two motif np ans1 enrOlied Apprkivcci; Muty Cm iliggivs. Mayor A truc cop., ,1--- 21. A C1=1; a Cottncii ak ATTIN31' HiVtiiPaIIIP.E, .'''i..Vitr...4t.71.,0\,,..P.Or..--,-REartyfrEF,'"— t L. DONOIIIM Parcel 02 -018 (VFW). 17 Acres. Acquisition Cost $8,500 F -12 Documents: Assessment Settlement Statement Letter of Intent Purchase Agreement Check Confirmatory Deed Page 1 Confirmatory Deed Page 2 Order of takings Order Page 1 Order Page 2 Order Page 3 Exhibit A Exhibit B 11 /OR 3:29:26 PM PARCEL. A6: 02 •016.003 COTE5 IdEAbOR RD CUARP.Nt OWNER /ADDRESS ZONING: PR MICHAEL F. DAMN POST 85106 Y.F.Y. 001E ASSOCIATTO: 1000.. 16 MEADOW ST FLORENCE MA 01062 DEED B000: 2414 DEED PANE: 3AS DEED DATE[ LAST UT9ATE /COST; 20040618 LAST YPDATE/COSTT 20040810 RESIDERTUL PROPERTY RECt1RD CARD UND DATA TYPE X DATE• DATA COLLECTION INCORNATICN STYLE' YEAR BUILT: STORY REICH% ATTIC: RRTCL.:11Tt TOTAL ROOKS: TOTAL BEDROOM: FULL BATES: Rolf Oaths• BASEMENT GF.RAGE(ACARS) EXTERIOR NALLS- IfiOFINISREO AREA EXCUNO FLOOR AREA: TOTAL t.IVIRN, AREA: MISN60 BASEMENT MING AREA: X BASEMENT RECREATION AREA: X PASONARY FIREPLACE STACKS /OPENINGS: METAL FIREPLACES: IIEAF /CEMTRAL RAC: BEATING SYSTEM: Fitt TYP: DUALITY CRABS: PNTSICAt COtiO1TIO1 CWD /DESINANTLITYNFILITY INTERIOR /EXTERIOR OUTBUILDINGS L' YARD ITEMS TTRE OTT YR SIZE1 SIR "s2 GRD CORD SIZE INFLUENCE MUTUAL WO VALUE ASSESSMENT INFORMATION PRIER COST CURRENT LAM 13,600 Li 13,600 13,606 13,600 TOTAL 15,60D 13.600 13400 SALES INFORMATION TOTAL ACREAGE: 17.000 TOTAL LAND VALUE: 13.600 PATE TYPE PRICE VALIDITY FOREST 17.000 A ENTRANCE ONE: ENTRY SIGN 1AFORMALIDN SOURCE: DATA COLLECTOR: n DATE: E F MUMS INCARNATION O N ADDITIONAL DUELLING- INFORMATION WDITIWRL FIXTURES: BRTCX TRIM: STIWE TRIM: X REMODELING DATA YEAR REMODELED: KI TC RENOD MI BATH RENfYh"_L iY PERMIT DATA DATE 14TEPOGE PRICE NOTES: CITY OF NORTHAMPTON, MASSACRUSETIS EFF£CTIYE UA1£ DC VALUE: JANUFRT 1, 1996 PLOT: LIVING UNITS: 0 CLASS:R 132 CARD Y: 1 Of 1 BOW ID: 2.0D 000000 VALUE FLAGT COST AMITIES DATA Loper Level first Floor Second {loaf Third Fleur Area Other costs Seller's legal and soft costs Buyer's legal and soft costs Recording costs and tax stamps PLANNING AND DEVELOPMENT CITY OF NORTHAMPTON planning conservation 7unlag+ housing partnership redevelopment northampton GlS economic development community development historic community preservation central bubinessarchnocture Wayne Fukien, .t1CT Director of planning and Development Wfvidvn lNorthamplunMrt.gov •41 }587 -1265 City of Northampton Conservation Land Settlement Statement VFW Addition Fitzgerald Lake Conservation Area Consideration To seller $8,500 City of Northampton (for back taxes) 0 Total Purchase Price..... $8,500 Seller paid directly, no costs reported City paid directly, in-house attorney City paid recording, exempt from tax stamps City Hail 219 Main Street, Room 11 Northampton, MA 01G40 Www.NorthamptonMa.gov Fax 413.5874264 ung•dt printed on nvyekd paper January 4, 2006 Sam Adams, Commander V.F.W. Post 8006 18 Meadow Street Florence, MA 01062 RE: Northampton Parcel 02 -18 Dear Mr. Adams PLAI'aL NG AND DEVELOPMENT Calk OF NORTHAIV1PTON Cit,7ttrf(• Atu Main Street, r6Nl ol1[ Northampton, MA(11000.3l9$ 141 31587 •Sax:58,•ta6.} WrpneFei.kn, Director www,Ndri(tnutlltou\t.t.gut' The City of Northampton would like to offer $8500.00 ($500.00 per acre) for the seventeen -acre parcel in the northerly section of Northampton owned by Michael F. Curtain Post 8006 V.F.W. Home Association, Inc. if accepted, the parcel of land, map 02 -18 on the City of Northampton Assessors map, will become permanently protected conservation land known as the Private William Adams Memorial Park section of the Fitzgerald Lake Conservation Area. The land shall be used for the benefit of the Boy Scout Troup, which the V.F.W, Post 8006 sponsors, or for other such use or activities. Thank you for the opportunity to work with the Veterans of Foreign Wars to help protect the natural resources of the City of Northampton and to provide recreational opportunities to our future citizens. Bruce Young Land Use and Conservation Planner City of Northampton, Office of Planning and Development ridn,ting board conservation commission zoning &Rini ;,f pl,Cii(h• ilo1Ring cronoalicdcrmfolnnent •connnitnit;,rdvbrlopmwtt i istork x {i,trict tcnitusisdsni a i r rel0r pow, City of Northampton Office of Planning and Development Bruce Young r Land Use and Conservnion planner 210 Ham Street. Room t Northampton. MA 01060 413.507.1263 Fax 4t 3•5B7.1264 byoung@NorthampronMA.gov v ww.NortharnptonMA.goatopd 2. Type of transaction: CT Sale Disclosure Statement: Acquisition or Disposition of Real Property For acquisition of disposition of Real Property by the Ciry of Northampton the undersigned does hereby state, for the purposes of disclosure pursuant to M.G.L. Chapter 7, Section 40T, of a transaction of relating to real property as follows: 1. Real PropertyDescription: Property in the City of Northampton described as all land owned by VFW Post 8006 westerly of Coles Meadow Road, Northampton shaven on the 2006 Northampton Assessors and Zoning Map 2, Parcel 18 (containing 17 acres, more or less) and recorded in a deed(s) at the Hampshire County Registry of Deeds Book Page 3. Sellers: V.F.W. Post 8006 4. Buyer or Lessee: City of Northampton 5. Names and addresses of all persons who have or will have a direct or indirect: beneficial interest in the real property described above, Name: Residence See- It betpv✓ 6. None ofthe above mentioned persons is an employee ofthe City of Northampton, the Division of Capital Asset Management, or an official elected to public office. in the Commonwealth of Massachusetts except as noted below: Name: Title or Position: 7, Tbis section must be signed by the ,individuai(s):or organization(s) entering into this real property transaction with the public agencvnamed above, If this form is signed on behalf of a corporation or other legal entity, it must be by duIyauthorized officer of that corporation. The undersigned acknowledges that any changes or additions to item a or 4 of this form during the term of any lease or rental will require filing anew disclosure with the Division of Capital Asset Management within 30 days following the change: or addition. The: undersigned sweats under the pains and penalties of perjury that this is complete and. accurate in all respects: Signature(s): PrintedName(s): Sam Adams Title Y.F.W. Post 8006 Commander Date: February 2006 :Toro 1 61 et,o f Send the executed disclosure statement to: WayneFeiden Office of Planning Development City .Hall, 210 Main Street Northampton, :MA 01060 We will file with: Division of Capital Asset Management l Office of the Commissioner clo.Property Transactions Group. One .sbburtonPlace Boston, Massachusetts 02108 nee `Y t} rt) tj S ,J cr..A, v .Fl rt, tt_1 v EC S.8RTMDZITBAGREIABA,C1S.RS.OUNDX_CP: City of Northampton, Massachusetts 210-Main Seca, Room 5 Northampton. MN 01060 Dipureornent Account r, z, •8,50D DOLLARS AND NO CENTS 70 Thc MICHAEL F. CURTIN POST 48005 4tde, or P.O. SOX 124 FLORENCE MA 01051-0124 =V= Account 900105509 Serial 228405 Amount 0000008500.00 Date 04-274000 04222006 DJ --004E1-1 Er17=4096 7RC=4C96 PI: =01 0E 04/27/06 34095 T6096 POL 0736523675 $8,500,0D -2 0'22E140 Se 101 L80 248E11: 0 09 001,05509 •00008 50000. 8S3 t 4 72.e6S1 Seg9899S R094 P3 913 0 /2742E05 =.2:14 113-71 Vendot Numb& 65212 rt Chet* Cnect. Gate Number 53.2411/1 t 0021006 228405 '647;7 MP I CONFIRMATORY DEED 1111 2111111 11 I►�111�� Bk 00813P9: 320 Par 0 3 tlecorana: 04121120OG 1 ;12MA KNOW ALL PEOPLE BY THESE PRESENTS THAT Michael F. Curtin Post 8006 Veterans of Foreign Wars Home Association Inc. with an address at 18 Meadow Street, Florence, MA 01062; in consideration of eight thousand five hundred dollars ($8,500.00), said consideration is full payment for damages for Taking by Eminent Domain dated EP'-' e 2006, which taking was recorded in the Hampshire County Registry of Deeds at Book Page grant to the City of Northampton, Massachusetts with an address of 210 Main Street, Room 11, Northampton, Massachusetts, 01060; without COVENANTS: Seventeen (17) acres, more or less, described in a deed to the Michael F. Curtin Post 8006 V.F.W. Home Association, Inc and recorded in the Hampshire County Registry of Deeds at Book 2414, Page 345. Said land shall be under the care and custody of the Northampton Conservation Commission for conservation and open space purposes pursuant to Massachusetts General Laws, Chapter 40 §8C and consistent with the Article 97 of the amendments to the Massachusetts Constitution. This is a confirmatory deed with no additional consideration other than the damages paid to Grantors for this Eminent Domain. Taking by the City Council of City of. Northampton. This conveyance does not create any new boundaries. Witness my hand and seal this Ko day of fttt,Y't'.i1 2006. Michael F. Curtin Post 8006 Veterans of Foreign Wars Home Association Inc. Samuel Adams, Commander I certify that by a vote of the board of directors Sam Adams, Commander, is authorized to sell this land on behalf of the Michael F. Curtin .Post 8006 Veterans of Foreign W ars Home Association Inc. See Exhibit A Kathleen Silva. Secretary Notary certificate on next page .0 Return to: Wayne Feiden, Planning Office, .210'aMain St., Rin 11, Northampton, MA 01060 Hampshire, ss m personally appeared Sam Adams, Commander. proved to me through satisfactory evidence of notification, which was (Wind Lium4e On this lo day of Ilea 2006, before me, the undersigned Notary Public, to be the person w OP' COMMONWEALTH OF mAssAcHusErrs whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily on behalf of the Michael F. Curtin Post 8006 Veterans of Foreign Wars Home Association Inc. for its stated purpose. ettoeipt4 1' H Notary Public D My commission expiros: 4 7 COMMONWEALTH OF MASSACHUSETTS 0 Mit Hampshire, ss o` On this /6 day of 1h A' 't 4 2006, before me, the undersigned Notary Public, personally appeared Kathleen Silva, Secretary, proved to me through satisfactory evidence of notification, which was personal knowledge to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily on behalf of the Michael F. Curtin Post 8006 Veterans of Foreign Wars Home Association inc. for its stated purpose. Notary Public My commission expires: ,I)ee 44 0 Hampshire, ss. III111111 h I I[I f l'l II 858BPg ,i s age. 1 o 5 rieaprneu: 041.. 4003 11:12 AM THE COMMONWEALTH OF MASSACHUSETTS CITY OF NORTHAMPTON 'WHEREAS, the City of Northampton (hereinafter called the "City is a public body and corporate, organized and existing pursuant to the provisions of the Massachusetts General Laws, with offices at 210 -212 Main Street, City Hall, Nonhampton, Hampshire County, Massachusetts;.and. w WHEREAS, pursuant to M.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter 13, and the Acts and Resolves oi' Article 11, Chapter 123 of the Acts of 1954, the City has the power to purchase, lease or otherwise acquire real property or any interest therein; and N WHEREAS, in accordance with the provisions of M.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter §13, and the Acts and Rcsolves 11; Chapter 123 of the Acts of 1954, the City has initiated a program for the.creation of conservation and open space preservation consistent with Article 97 of ibe Amendments to the Constitution of Massachusetts "Project O WVHEREAS. the City o£Northampton has determined that it is necessary to acquire certain land and casernents, as identified below (the "Property in orderto carry out the Project; and WHEREAS. the City bas reached anagreement with the affected owner for efriendly" taking to clear the title; WHEREAS, approval to acquire said land.and easements, and an appropriation of the.necessary ftinds has been made by the City Council of the City of Northampton; NOW, THEREFORE, it is ordered that acting hrough and under the authority.ofM.G.L. Chapter 40 and Chapter 79 112, as amended, and the', '.'Northampton Chatter ti 13, and the Acts and Resolves of Article 11, Chaptcr 123 ofthe Acts ol'1954 andpursttant to the•powers set:f'orth inthosc.flcts, Charter and. Statute and all other authority thereunto enabling; and,pursuantto the:provisionsofMassachusetts General Laws, Chapter 79,- as .amended, and of atiy and :every power and authority to it granted or implied, The City of Northampton, hereby takes for itself in fee simple by eminent' domain, for the purposes associated with consertyation and permanent open space the parcel supposed to be owned by the Michael F. Curtin Post 8006 V.F.W. Home Association Inc. with an address at 18 Meadow Street. Florence: MA 01062, is the alleged owner: Seventeen acres, more or less, more particularly described :a ExhibitAwhich is attached hereto and.ineo:rporate by reference•herein; and Parcel A -2 comprising 2,885 square feet, mare or less, more particularly described in said Exhibit A. Please return tea 33 'tone Peden, City ofNol3llanguan Planning, 31+1 A1oin.Sfinet,,Almon 11, Northampton, .311 Oman. Page 1 o[5 £XCEPTNG FROM the rights taken are all easements for wires, pipes, conduits. poles and other appurtenances for the conveyance of water, sewerage, gas, oil, steam electricity and telephone communication and other utilities now •lawfully in or upon the Property and subject to an understanding that this parcel shall be known as the Private William Adams Memorial section of Fitzgerald Lake Conservation Area and shall, subject to reasonable Conservation Commission restrictions and regulations, be made available for the benefit of any Boy Scout Troup which the Michael F. Curtin Post 8006 V.F.W. sponsors. AND FURTHER ORDERED that in accordance with the provisions of M.G.L. Chapter 79 §6, as amended, an award of Eight Thousand Five Hundred Dollars (58,500.00) is made by the City of Northampton for damages sustained by the owner or owners and all other persons, including all mortgagees of record, having any and all interest in the Property and entitled to any damages by reason of the taking. The City of Northampton reserves the right to amend the award at any time prior to payment for good cause shown, AND FURTHER ORDERED that a representative orate City of North ampton shall record this Order of Tatting in the Hampshire County Registry of Deeds, in Northampton, Massachusetts, within 30 days from its final passage, and shall notify the Treasurer and Collector of Taxes in the City ofNorthampton of this taking in accordance with M.G.L. Chapter 79 §7F, and shall cause notice of the taking to be given to all persons entitled thereto and to do all things necessary for the validity of this Order. IN WITNESS WHEREOF, we, the City Council of the City of Northampton, have executed this Order of Taking this S f. k� 'h day of Iri 1 2006. WITNESS TO ALL: `V b L4, itlu4 CITY 'OUN L, CITY OF NO. TI-IAMPTON I Paul Spector Manlyn Richards Page 2 Dr' ymond W. Lat3arge CERTIFICATE. OF THE CLERK CITY COUNCIL, CITY OF NORTHAMPTON 1, Lyn Nuttelman, the Clerk of the City Council of the City of Northampton, hereby certify that the °attached Order of Taking. ofeertein casements located in"Northampton, Hampshire County, Massachusetts, was executed on /dyed la 2006, by Michael' R. Bardsley, James M. Dostal, Maureen. Carney, Paul.. Spector, Marilyn Richards, David Narkewio2, David Bloomberg, Marianne L. LaBarge, and Raymond W. LaBarge, who as of that day, were and are the duly elected .members of the City Council of the City of Northampton. Signed this 1/ day of 4917 l 2006. Lyn Nuttleman, City Council Clerk City of Northampton Page 3 of 5 EXHIBIT A Property Location: Stooney Hill Wood Lot, Fitzgerald Lake Conservation Area, off Coles Meadow Road Northampton, MA The land taken in fee simple by eminent domain is the land described in a deed to the Michael F. Curtin Post 8006 V.F.W. Home Association, Inc and recorded in the i�lampshire County Registry of Deeds at Book 2414, Page 345. This conveyance does not crate any new boundaries. Page 4of5 CITY OF NORTHAMPTON MASSACHUSETTS 2. 4 Match 16, 2006 Upon the recommendation of Councilor Maureen Carney and the Conservation Commission WHEREAS, the Conservation Commission identified a 17 acre, more oriess, parcel owned by the Michael F. Curtin Post 8006 Veterans of Foreign Wars, as a critical addition to the abutting Fitzgerald Lake Conservation Area; WHEREAS, the 2006-2010 Open Space and Recreation Plan identifies expanding Fitzgerald Lake Conservation Area to include this parcel as a priority; and WHEREAS, the VFW has signed an option with the City granting the City the right to purchase this parcel for $8,500; and WHEREAS, the Broad Brook Coalition is donating thc entire $8,500 acquisition cost to the City to pay for this purchase and no additional city appropriations are needed; and WHEREAS, a "friendly" taking is the most cost-effective method for the city to secure a clean title to this parcel. NOW, THEREFORE, DE IT ORDERED City Council approves the sum of Eight Thousand Five Hundred .Dollars ($8,500.00) Dollars to be paid as datnanes for all the takings described in Exhibit A and authorizes the Conservation Commission to take title to the property for the purposes of passive recreation-and conservation consistent with Article 97, of the Amendments to the Constitution of Massachusetts. lis City Council. Apri I 5..25O suspended, passed two readingS and ensellr.i. Atitst.*Ny:01.14.ktittlatil, tircauncil Approved: tvlaiy Chet Higgins, Slayer A mot copy, a ltikdii.J.441,Clerk Ceueeil Ij 41 e ATTEST: HAMPSHIRE, Pfia/10 4f:tOrdzf' REGISTER MARIANNE L. DONOHUE Parcel 21 -002 (Saw Mill Hills). 44.55 Acres. Acquisition Cost $70,000 F -12 Documents: Assessment Settlement Statement Closing Check Order of Takings Order Page 1 Order Page 2 Order Page 3 Exhibit A Exhibit B oad 45.5 acr August 10, 2006 1 ampton, Massachuse s Page 4 APPRAISAL CERTIFICATIOI< 1, the undersigned appraiser, certify that, to the best of my knowledge and belief,.:. the statements of fact contained in the report are true and correct; the reported analyses, opinions, and conclusions are Limited only by the reported assumptions and limiting conditions, and legal instructions, and the my personal, unbiased professional analyses, opinions and conclusions of the appraiser; the appraiser has no present .nor prospective interest in the property being appraised and no personal interest or bias with respect to the parties involved; the compensation received by the appraiser for the appraisal is not contingent on the analyses, opinions, or conclusions reached or reported; the appraisal was made and the appraisal report prepared in conformity with the Appraisal Pounda- tions's Uniform Standards for Professional Appraisal Practice. the appraiser has made a personal inspection of the property. -no one provided significant professional assistance to the appraiser. my compensation for completing this assignment was not contingent upon the development or reporting of' a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the anainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of`this appraisal based on my analysis of the market data and my experience as a real estate appraiser, 1 have formed the opinion of the market value of the subject property, as of. August 10, 2006, to be: $70,000. (45.5 acres more or less as described in this report) G Kim A. Levitch MA Certified General Real Estate Appraiser, Lic. #258 40 School Street. (P.O. Box 1 Greenfield, MA 01302 Other costs Seller's legal and soft costs. Buyer's legal and soft costs Recording costs and tax stamps PLANNING AND DEVELOPMENT CITY OF NORTHAMPTON Planning t•n••rvalao• mni•l 11•tndn8p4m•tyhip nklevelopafcnt nurthampfon Ct min development community development historic community preservation central business architecture. Wayne Felder. AICP, Director of Planning and Development W (eidesr&IgorthampronhlA.gov •.,113.587.1265 City of Northampton Conservation Land Settlement Statement Jeep Eater Map ID 2.010—Saw Mill Hills Conservation Area Consideration To seller (in escrow, owner deceased with no heirs)._._ .$55,588.43 City of Northampton (for back taxes) $14,411.57 Total Purchase Price $70.000.00 Seller deceased paid directly, no costs reported City paid directly. in -house attorney City paid recording, exempt from tax stamps City Hail 210 Main Street, Roornll Northampton, MA 01060 www.NorthamptonMa.gov Fax 413•$7- -1261 orlOnd ptinvd nnncycle 1. papa Bk 9040Pg: 53 Page:1 o 1 Recorded: 02/15/200701 29 PM HAMPSHIRE THIS INSTRUMENT SHOULD BE FILED AT ONCE FOR RECORD OR REGISTRAT/ON. /NSTRUMENT OF REDEMPTION TITLE IN MUNICIPALITY TAX TITLE NUMBER: 950026 THE COMMONWEALTH p? MASSACHUSETTS CITY OF NORTHAMPTON OFFICE OF THE TREASURER The CITY OF NORTHAMPTON holder of a tax title under a taking for non-payment of the 1995 taxes assessed to UNKNOWN SYLVESTER RD Subsequent: UNKNOWN on land described in the instrument of taking conveying said title, dated September 27, 1996 and recorded with HAMPSHIRE COUNTY REGISTRY OF DEEDS Book/Page 4984 0218 Document No. Certificate of Title No. does hereby pursuant to General Laws, Chapter 60, Section 62, acknowledge satisfaction of the tax title account secured by such instrument of taking. PROPERTY: LAND CONTAINING: LOCATION: SYLVESTER RD ASSESSORS: 021-002-001 REGISTRY: LAND COURT: RECORDED AT HAMPSHIRE COUNTY REGISTRY OF DEEDS REDEEMER: City of Northampton Witness the execution of this instrument this day of 4 :6PC4c ei CITY OF NORTHAMPTON THE COMMONWEALTH OF MASSACHUSETT Then personally appeared the above named GEORGE R. ZIMME Treasurer of the CITY OF NORTHAMPTON and acknowledged the foregoing instrument to be the free act and deed of said town. Before me, My commission expires/ (76 ,761a ary P ic DST; IIAMPSHIRE, Met& Oe liattke---TEEGISTER MARIANNE L. DONOR DESCRIPTION OF LAND By SS. 1 45550 AC (more or less) Treasurer 7. WENDY MAllA Notaq. Public Commtratth. of Msachu My Comaolon Eypin Aj100s024, 2012 ■11.- �ol mr7auk ,wzaiffkkl'Ett7alaraW017=7:ZTEPTLETLE: •,fCity Northampton M -._21.0.1utilin Stroot, 5":.....,..',.. ..s.:2.,...,. 151;ba;iornent Account nar,FourteenT,housand.NinetyfoOr dotlars and.50 cents CITY TREASURER 210 MAIN:STREET NORTHANIPTDNNAX11090-31.10 I 2 5 4 1 1:01180 1 .,1381: 11 09 00105509 la,PONFO". e.%nt#0 ss,2■!14f11... 4749 02/0V200 241541 MP City of 'Northampton,' Massachusetts Disbursement Account Page Number: 1 Checklqurtibor: (.0024154.1 agns(i'kkinin AfirovoYik,- 01/12/2007 TAX-TITLE 175 MAP 21-002 SYLVESTER RD. 14094,50 4749 I CITY OF NORTHAMPTON 00241541 02/02/2007 14,094,5O 1•lampshire, ss. ORDER OF TAKING THE COMMONWEALTH OF MASSACHUSETTS 111II I1ItIIII iIi1J Elk 9035Pz 317 Page: o 5 Recorded; 0270912007 02;46 PM CITY OF NORTHAMPTON WHEREAS, the City of Northampton (hereinafter called the "City is a public body and corporate, organized and existing pursuant to the provisions of the Massachusetts General Laws, with offices at 210-212 Main Street, City Hall, Northampton. Hampshire County, Massachusetts; and WHEREAS, pursuant to ,VI.G.L. Chapter 40 and Chapter 79 §2 and the Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954, the City has the power to purchase, lease or otherwise acquire real property or any interest therein; and WI °IEREAS, in accordance with the provisions oflvl.G.L. Chapter40 and Chapter 79 §2 and the Northampton Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954, the City has initiated aprogram for conservation of land and preservation ofopen.space in Northampton ("Project"); and. WHEREAS, the City of Northampton has determined that it is necessary to acquire certain parcels, as identified below, in order to carryout the Project; and WHEREAS, approval to acquire said parcels, and an appropriation of the necessary funds has been made by the City Council of the City of Northampton; and NOW, THEREFORE, it is ordered that acting through and under the authority of M.G.L. Chapter 40 and Chapter 79 §2, as amended, and the Northampton. Charter §13, and the Acts and Resolves of Article 11, Chapter 123 of the Acts of 1954 and pursuant to the powers set forth in those Acts, Charter and Statute and all other authority thereunto enabling, and pursuant to the provisions ofMassachusetts General Laws, Chapter 79, as amended, and of any and every power and authority to it, granted or implied, the City of Northampton, hereby takes for itself in fee simple by eminent domain, for conservation and recreation through its Conservation Commission for administration, control, and maintenance under the provisions of M.G.L. Chapter40, §8C, as amended, the land in Northampton, Massachusetts, a total of 44.5 acres more or less. described in Exhibit A, which is attached hereto and incorporated by reference herein. The City Council adoption of the Order of Taking is attached hereto as Exhibit B. .e property to be taken is made up of three sections: 1 acres more or less, is supposed to be owned by Horace Wright, Celia A. Wright, Leander Moody, Esther C. Moody, Nancy Edwards, Marcus Moody, Alexander C.,Hannum, Laura A. Hafnium, Marcus T. Moody, Edward F. Moody, and their respective heirs. 7 %x acres more or less, is supposed to be owned by Octavia Munyan and heirs. Land of undefined acreage is supposed to be owned by David Edwards, Horace Wright and Celia A. Wright and heirs. This taking is made in fee simple, and, except as provided below, is made together with any and all easements and rights appurtenant thereto, including trees, buildings, and other structures standing upon or affixed thereto and including the interests of the supposed owners, if any, in all public streets, :highways, and public ways within or adjacent to the Property. EXCEPTING FROM the rights taken are all easements for wires, pipes, conduits, poles and other appurtenances for the conveyance of water, sewerage, gas, oil, steam electricity and telephone communication and other utilities now lawfully in or upon the Property. AND F'UR'THER ORDERED that in accordance with the provisions of M.G.L. Chapter 79 §6, as amended, an award of seventy thousand dollars ($70,000.00) is made by the City of Northampton for damages sustained by the owner or owners and all other persons, including all mortgagees of record, having any and all interest in the Property and entitled to any damages by reason cif the taking. The City o f Northampton reserves the right to amend the award at any time prior to payment for good cause shown. AND FURTHERORDERED that a representative of the City of Northampton shall record this Order of Taking in the Hampshire County Registry of in Northampton. Massachusetts, within 30 days from its final passage, and shall notify the "treasurer and Collector o f Taxes in the City of Northampton of this takingin accordance with M.G.L. Chapter 79 VP, and shall cause notice of the taking to be given to all persons entitled thereto and to do all things necessary for the validity of this Order. IN WITNESS WUER,EOF, we, the City Council of the City of Northampton, have executed this Order of this 1 St day of ryc J_ .2007. LTNESS TO ALL:``-- Y t ITY C CIL, CITY OF NOR ,g 41 c ael R. Bards e y f es Dostal AA"' AMPTON David Murphy Maureen y M ri e LaBarge L� Davt Specto Marilyn Richards d W. LaBarge CERTIFICATE OF THE CLERK CITY COUNCIL, CITY OF NOR'T'HAMPTON Signed this day of FLbt'vk 2007. Lyn Nuttleman, City Council Clerk City of Northampton I, Lyn Nuttelman. the Clerk of the City Council of the City of Northampton, hereby certify that the attached Order of Taking of certain easements located in Northampton, Hampshire County, Massachusetts, was executed on rt/ttYt t' 2007, by Michael R. Bardsley, James M. Dostal. Maureen Carney, Paul Spector, Marilyn Richards, David Narkewi.cz, David Murphy, Marianne L. LaBarge, and Raymond W. LaBarge, who as of that day, were and are the duly elected members of the City Council of the City of Northampton. 'EXHIBIT A Land in Northampton more particularly bounded .and described as follows: The portion of the Land along Sylvester Road, said to contain 21 acres, as set :forth in the deed recorded in at the Hampshire County.Registry of Deeds in Book 180, Page 83, in the. name ofM:T. Moody and others dated 1858; and. The Northeasterly portion ofthe Land, said to contain 7'l acres, as set forth in the deed recorded in at the Hampshire County Registry of Deeds in Book 185, Page 391, in the name of Cetabia M unyan dated 1857; and The Southeasterly portion of the land, of unknown acreage, which does not recite to adeed Book and Page reference, but does attribute :ownership in one "David Edwards Estate." This conveyance creates no new boundaries, Wayne Feiden Successful Applicants: 11/1/2006 Page 1 of 1 From: Keith_Morehouse fws.gov Sent: Thursday, March 23, 2006 10:08 AM To: NAWCA_Smallgrant fws.gov Cc: Joe_Moniot @fws.gov; Clint_Riley @fws.gov; andrew_milliken fws.gov; Craig_Watson @fws.gov; Melanie_Steinkamp fws.gov; Mitch_Hartley @fws.gov; Barbara_Pardo @fws.gov; paul_richert @fws.gov; Brad_Andres @fws.gov; bill_uihlein @fws.gov; Charles _Baxter @fws.gov; Carey_Smith @fws.gov; robert shaffer @fws.gov; Ruth_Ostroff @fws.gov; sam @iwjv.org; barry_wilson @usgs.gov; jfitzgerald @abcbirds.org; aschollett @fs.fed.us; mike._carte @pljv.org; robert_mesta @fws.gov; steve.moran @rwbjv.org; bhuning @sfbayjv.org; Clint_Riley @fws.gov; Linda_Gaumer @fws.gov; Joe_Moniot @fws.gov Subject: Successful Applications Attachments: RECOMMENDED SMALL GRANTS SLATE.doc; Dear Successful Small Grants Applicant.doc Attachment 1 contains the approved list of 47 projects, by State, JV and funding amount. Forty -six of these projects qualify for immediate grant agreement related work. One of these, the WWA project in the UMGL, will have to wait for Migratory Bird Conservation Commission full approval in June in order to qualify for further grant agreement work. This is because the amount of this grant partially exceeds the $2.0 million limit imposed by the MBCC. WWA is being contacted directly about this matter. Attachment 2 contains all of the information necessary for you to begin initiating actions concerning your own Small Grants project that was selected by the Council for funding in the 2006 cycle. Thank you. Dear Successful Small Grants Applicant, Congratulations. This letter is to advise you that your 2006 NAWCA Small Grant proposal was selected to be funded by the North American Wetlands Conservation Council March 14, 2006. As your FWS Program Officer, I will write your assistance award. This letter explains the information you are required to provide, and how to provide it, to assist us in advancing your award process. Please review the items below and respond, as appropriate, at your earliest convenience. 1) NEPA, NHPA, or Contaminants Survey These reviews are initiated by Joint Ventures and FWS Regional Offices. Even though the responsibility for compliance is shared, ultimately it is the grant recipient who must ensure that the appropriate review is carried out. Please confirm that your project has received, or is receiving, National Environmental Protection Act (NEPA), National Historic Preservation Act (NHPA) cultural resource, and contaminants (for Federal lands) clearances. Please mail, email, or fax me any relative document you receive from your Joint Venture Coordinator, the FWS Regional Historic Preservation Officer, or your State Historic Preservation Officer. This responsibility is normally more of a burden for grantees with restoration and enhancement projects than it is for grantees conducting acquisitions. Your assistance award will not be completed until there is documentation that you have complied with the clearance requirements. Please note that a new review process will be required if project tracts are substituted or added or additional restoration is planned or initiated at any time during the project period. 2) Funding to Fish and Wildlife Service Office or Other Federal Agency A separate "internal" agreement will be written for your project, usually within 60 days of approval. The period of perfornance will extend not more than two years from the date of signature, without an approved project period extension. Please be aware that all Federal recipients are expected to complete annual and final reports and submit same to the Program Officer in a timely fashion, as defined in the agreement. FWS: In order to initiate the process, please email us the destination (of the funds) organization code and reference the project name. This email may be sent to either Linda Gaumer or Keith Morehouse, preferably the former. Once prepared, internal FWS agreements are forwarded to the Regions for signature by the Assistant Regional Director (ARD) with authority over your program. The agreement is to be returned for signature by the Chief, Division of Bird Habitat Conservation (DBHC). The agreement becomes effective on the date signed by the Chief, DBHC. Once signed, the agreement is distributed to the Project Officer, the ARD and the appropriate Joint Venture Coordinator. NAWCA funds are transferred through the Budget Allocation System (BAS) by DBHC to the Regional Offices. Regional Offices are responsible for entering the Office Fund Target (OFT) into the Federal Financial System and for notifying the destination office when the OFT has been entered. NAWCA funds are for approved project expenses only and must be liquidated no later than 90 days after the project end date. DBHC will re- allocate carryover funds to the Regions for active projects at the beginning of each fiscal year. Other Federal Agencies, Including Other Interior Bureaus: Other Federal Agencies must provide a DUNS number for DBHC use. In funding these projects, it is normally the situation that the FWS provides the funds for projects as reimbursements for your own internal budgeting. The FWS assigns project numbers and codes against which your agency will seek reimbursement. When the FWS provides funds to other Federal Agencies, an infra- governmental order (reimbursable agreement) will be issued. The Federal Agency must provide a Dun and Bradstreet Data Universal Numbering System (DUNS) number to the DBHC. Payments will be processed through the Intra- Governmental Payment and Collection (IPAC) system as reimbursement only (no advances). 3. Data Universal Numbering System Each grant recipient, excluding FWS recipients, must provide a DUNS number. If you have submitted the most recent SF424 (and SF 424B and /or 424D) you should have included a DUNS number. If you or your organization does not have one, a DUNS number may be obtained from Dun and Bradstreet by calling 1.866.705.5711 on weekdays from 8:00 A.M. to 5:00 P.M. EST /EDT. Generally, it takes approximately 10 minutes to obtain the number. It is also possible to obtain a DUNS number via Internet; however, it may take several weeks to process the request (http: \www.dnb.com). The DUNS number must be associated with the Grant Recipient organization address. If the DUNS number/billing address is different than the Project Officer address, please indicate such and submit this information to me so that two copies of the agreement may be sent. 4. SMARTLINK Account (does not apply to Federal Agencies) SMARTLINK is an electronic drawdown grant payment system used by the DBHC. Grant recipients must establish a SMARTLINK account to access NAWCA funds. If you have an existing SMARTLINK account established with the FWS, you must confinn that you 1) would like to have the new award funds deposited in the existing account and 2) confirm that all existing SMARTLINK account information is valid (including contact and bank account information). Simply send an email message to DBHCSmartlink @fws.gov and provide your SMARTLINK Payee Account Number, DUNS number, organization name and the project title of the new award. Visit our SMARTLINK website at http.// birdhabitat .fws.gov /smartlink/SMARTLINK.htm for detailed instructions on establishing a SMARTLINK account and updating an existing one. Please note that Fonn 1199A must have an original signature. Send this form and the contact form via USPS mail to: Division of Bird Habitat Conservation, USFWS, 4401 N. Fairfax Drive, Mail Stop MB4075, Arlington, VA 22203, Attn: Smartlink Coordinator. 5. Unilateral Issuance The assistance award does not require the signature of the grant recipient. If you are unwilling or unable to accept the assistance award as issued, you must contact the FWS Program Officer about your concerns within 14 days of the date the agreement was signed by the issuing USFWS official. If you do not notify the Program Officer, we assume that you have accepted the agreement and agree to its requirements and conditions. 6. Grant Administration Standards Your project will be subject to the standards that arrive with your grant agreement. The Division has consolidated previously used versions of the Standards, including one specifically for Small Grants, and the result is being provided so that you will be able to better know and understand how your grant is to be administered and the responsibilities you have in that regard. These standards, in question and answer format, are in many ways unlike any that have been issued to Small Grant Recipients in the past and, thus, are not interchangeable with any you may have operated with previously. In the interest of initiating projects early, and making appropriately related decisions and preparations, feel free to access the copy imbedded at the website described as U. S. Grant Administration Standards January, 2006, and posted, as follows: Standards link: http: /www.fws.gov /birdhabitat/ Grants NAWCA /files /GrantStaadards.pdf, 7. Real Property Acquisition If you are acquiring real property, requirements are presented in section F. of the U. S. Grant Administration Standards that you will receive with your Grant Agreement. IT IS ESSENTIAL THAT YOU READ AND UNDERSTAND THE VARIOUS PROCEDURES FOR ACQUISTION AND THAT YOU OBTAIN THE PROPER DOCUMENTATION. Do not hesitate to contact me with any questions. 8. Pre- agreement project costs Pre agreement project costs are authorized, with limitations, as fully described in the Grant Administration Standards. Please review the pre agreement cost sections of the standards and /or call me before you incur costs for which you will request NAWCA reimbursement. 9. Award Receipt Your assistance award will be completed over the next several weeks or months, depending upon how well we are able to complete the required preliminary paperwork. This may include asking Recipients to provide additional materials or to clarify information in that already provided. Remember, your agreement cannot be written until all of the preliminary paperwork has been completed, including NEPA and NHPA clearances and the completed SMARTLINK forms or confirmation to use an established SMARTLINK account. Once the signature page of the grant agreement is completed, it will be sent to you USPS Return Receipt Requested. If there are any inaccuracies in the presentation on the signature page of the project contact, project description, requested or match amounts, etc., please bring these to my attention irnrnediately. 10. Questions If you have questions regarding any of the information above, please feel free to contact me via e -mail, keith_morehouse @fws.gov, or by phone at 703.358.1888. The Division phone number is 703.358.1784; you will get either the Secretary or an answering machine. The Division facsimile number is 703.358.2282. I look forward to working with you. Thanks for your cooperation, and good luck on your project. Wayne Feiden From: Sent: To: Cc: Linda_Gaumer @fws.gov Friday, September 22, 2006 7:15 AM Wayne Feiden Keith_Morehouse @fws.gov; Bruce Young; Regenia.Mitchell @psc.hhs.gov Subject: FWS Assistance Award MA -N171 (P /N 3588) Smartlink Account Number B9151 P1 Project Title: Amount of Grant Funds: Funding Period: Program Officer: The above award funds have been deposited in your Smartlink account established with the US Fish and Wildlife Service. Please contact Regenia Mitchell at the Department of Payment Management at 301 443 -1500 or by email at Regenia.Mitchell @psc.hhs.gov with any questions you may have about access to your Smartlink account, payment requests and the Quarterly Cash Transaction Report. When contacting Regenia, please provide her with the Smartlink Account Number referenced above. The Assistance Award has been mailed to you and includes grant administration policies applicable to the award. The policies contain a financial management section that should be understood before payment requests are initiated. Please contact the FWS Program Officer identified above with any questions regarding these policies. We look forward to working with you on this project! Linda Gaumer Program Analyst U.S. Fish and Wildlife Service Division of Bird Habitat Consery Mail Stop: MBSP 4075 4401 North Fairfax Drive Arlington, VA 22203 703 358 -2282 (fax) 703 358 -1958 12/27/2006 FITZGERALD LAKE CONS. AREA SAW MILL HILLS CONS. AREA $50,000 9/19/2006 9/19/2008 KEITH MOREHOUSE, (703) 358 -1888, keith_morehouse @fws.gov Page 1 of 1 4914 w' vigtfr $091/4 4114 riot 1. AGREEMENT NO. MA -N 171 2. MODIFICATION NO. greement Cb Deraa Agreement 4. PROJECT TITLE AND LOCATION 5. AWARD RECIPIENT 1 1 �lo, Fitzgerald Lake Conservation Area and Saw MITI Hills City of Northampton, Office of 1 an d [Te rte Conservation Area Bird Habitat and Wetlands Expansion 210 Main Street, City Hall Project, Hampshire County, Massachusets Northampton, MA 01060 s 6. FWS PROGRAM OFFICER 7. RECIPIENTS PROJECT OFFICER y ,00 U.S. Fish and Wildlife Service Wayne Feiden 4 a Attn: Keith Morehouse City of Northampton, Office of Planning i0sment /04, 4 Division of Bird Habitat Conservation 210 Main Street, City Hall 4,/,,, 4,, 6 q 4401 N. Fairfax Drive, MBSP 4075 Northampton, MA 01060 0 Arlington, Virginia 22203 0 Phone: (703) 358 -1888 FAX: (703) 358 -2282 Phone: 413/587 -1265 Cell phone (optional): E -mail: keith_morehouse @fws.gov FAX: 413/587 -1264 E -mail: wfeiden @northamptonma.gov 8. PROGRAM STATUTORY AUTHORITY: 9. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) No.: 1 North American Wetlands Conservation Act, PL 101 -233, as amended (16 USC 4401 et seq.) 1 15.623 (North American Wetlands Conservation Act) 1 Neotropical Ivfigmtory Bird Conservation Act of 2000, P.L. 106 -247 (16 USC 6101) 1 15. 635 (Neotropical Migratory Bird Conservation Act) 11. FUNDING PERIOD: El Two years from the date of execution of this agreement (date of signature in Box 17) 10. DUNS: 613009278 EIN/TIN: 04- 6001406 Begins and ends 12. TYPE OF RECIPIENT (Check one) 13. FUNDING INFORMATION The undersigned hereby certifies that funds in the amotmt of $50,000.00 are hereby available in "Charge to Accotmt" and STATE GOVERNMENT reset for this tr ttot authorized for the purpose intended. QQ 1 LOCAL GOVERNMENT FEDERALLY RECOGNIZED L 49 �06h INDIAN TRIBAL GOVERNMENT i A. Gamper Financial Manager, DBHC Date L g EDUCATIONAL INSTITUTION only (advances not Other IN Reimbursement III NON PROFIT ORGANIZATION payments FWS Match Contributions authorized). Quarterly Federal Cash Transaction 1 COMMERCIAL ORGANIZATION This Obligation $50,000 $62,000 reports are not required. Annual Financial Status 1 INDIVIDUAL Previous Obligation Report (SF269) required as described in the HOSPITAL Total Obligation $50,000 applicable grant policy. and advance allowed $62,000 Reimbursement OTHER payments Quaiterly Cash and CHARGE TO ACCOUNT: DB# 3588 annual Financial annual Financial Status Reports (SF269) are Reports (SF269) are 2006 91100- 3730 -S616 411G ABC: 7C DCN: 91100 -0 -60166 required as described in the applicable giant policy. U.S. Fish and Wildlife Service ASSISTANCE AWARD 14. PROVISIONS: This agreement incorporates the following provisions by reference: 43 CFR Part 12, Administrative and Audit Requirements and Cost Principles for Assistance Programs (www.access.gpo.gov /nara/cfr) 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (www.access.gpo.gov nara/cfr) Project proposal dated 12/02/05, approved for Banding by the Migratory Bird Conservation Cotmnission or FWS Director (as applicable) on 06/21/05, except as modified in box 15. Recipient's Application for Federal Assistance (SF424) dated 12/02/05 Correspondence between the Recipient and the Division of Bird Habitat Conservation dated United States Grant Administration Standards dated January 2006 (attached) Other (describe) By accepting This document, the Recipient also certifies that all aspects of the Project will comply with the National Historic Preservation Act of 1966, as amended. 15. BRIEF SUN /JARY OF THE PURPOSE AND OBJECTIVES OF THE APPROVED PROJECT, ANY SPECIAL CONDITIONS APPLICABLE TO THE APPROVED PROJECT, AND /O,R ANY MODIFICATION OF THE APPROVED PROJECT: The purpose of this project is to acquire a 99.71 -acre parcel or parcels in fee simple in an approximately 500 -acre natural area known as the Sawmill Hills Conservation Area. Approximately 17 percent of the acreage to be acquired is wetlands. The property will be owned by the City of Northampton and will be protected in perpetuity by the Northampton Conservation Commission. 16. The recipient is NOT required to sign this agreement. If the U.S. Fish and Wildlife Service Program Officer has not received a written notice declining the award or requesting a delay of the execution date from the Recipient within 10 business days of the date that the Recipient receives this award, the funding period of the agreement will begin on the date designated on this document. 17. NAME AND TITLE OF U.S. FISHA n t DLIFE SERVICE OFFICIAL David A. Smith, SIGNATURE: DATE: V OBLIGATED PAGE 1 OF 1 PAGES Domestic Standard 10/4/04 3. T OF AWARD (Check one) P 9 2006 H onservation v( (tk January 4, 2006 Sam Adams, Commander V.F.W. Post 8006 18 Meadow Street Florence, MA 01062 Dear Mr. Adams t PLA .i.NG AND DEVELOPMENT CAW OF NORTHAMPTON City Halt• 2z0 Main Street, Room. >1 Northampton, MA 0100-3198 1413)587-1266 Fax :537 -1264 Wayne Feiden, Director n wm.Nartbantpton M a.gov RE: Northampton Parcel 02 -18 4 qq\l' The City of Northampton would like to offer $8500.00 ($500.00 per acre) for the seventeen -acre parcel in the northerly section of Northampton owned by Michael F. Curtain Post 8006 V.F.W. Horne Association, Inc. If accepted, the parcel of land, map 02 -18 on the City of Northampton Assessors map, will become peimanently protected conservation land known as the Private William Adams Memorial Park section of the Fitzgerald Lake Conservation Area. The land shall be used for the benefit of the Boy Scout Troup, which the V.F.W. Post 8006 sponsors, or for other such use or activities. Thank you for the opportunity to work with the Veterans of Foreign Wars to help protect the natural resources of the City of Northampton and to provide recreational opportunities to our future citizens. Bruce Young Land Use and Conservation Planner City of Northampton, Office of Planning and Development planning board conservation commission zoning boa of appeals (lo using p a rt CCOnoiniC Je1I1lor /1milL Coln n161 nits) develop) Hell t l littoric district emu Yn issiom uri,pnalprnuraov rL ',clralp,gna City of Northampton Office of Planning and Development Bruce Young Land Use and Conservation Planner 210 Main Street, Room 11 Northampton, MA 01060 413- 587 -1263 Fax 413 -587 -1264 byoung @NorchamptonMA.gov www.NorthamptonMA:gov/opd n Other costs Seller's legal and soft costs Buyer's legal and soft costs Recording costs and tax stamps PLANNING AND DEVELOPMENT CITY OF NORTHAMPTON planning conservation zoning housing partnership redevelopment northampton GIS economic development community development historic community preservation central business architecture Wayne Feiden, AICP, Director of Planning and Development Wfeiden@NorthamptonMA.gov 413 587 -1265 City of Northampton Conservation Land Settlement Statement Map ID 3 -010 Addition Fitzgerald Lake Conservation Area Consideration To seller 409.26 City. of Northampton (for back taxes) 6,630.74 Total Purchase Price $7,040.00 Seller paid directly, no costs reported City paid directly, in -house attorney City paid recording, exempt from tax stamps City Hall 210 Main Street, Room 11 Northampton, MA 01060 www.NorthamptonMa.gov Fax 413 587 -1264 original printed on recycled paper Other costs Seller's legal and soft costs Buyer's legal and soft costs Recording costs and tax stamps PLANNING AND DEVELOPMENT CITY OF NORTHAMPTON planning conservation zoning housing partnership redevelopment northampton GIS economic development community development historic community preservation central business architecture Wayne Feiden, AICP, Director of Planning and Development Wfeiden@NorthamptonMA.gov 413- 587 -1265 City of Northampton Conservation Land Settlement Statement Jeep Eater Map ID 2- 010 —Saw Mill Hills Conservation Area Consideration To seller (in escrow, owner deceased with no heirs) $55,588.43 City of Northampton (for back taxes) .$14,411.57 Total Purchase Price $70,000.00 Seller deceased paid directly, no costs reported City paid directly, in -house attorney City paid recording, exempt from tax stamps City Hall 210 Main Street, Room 11 Northampton, MA 01060 www.NorthamptonMa.gov Fax 413 587 -1264 original printed on recycled paper 1 Other costs Seller's legal and soft costs Buyer's legal and soft costs Recording costs and tax stamps PLANNING AND DEVELOPMENT CITY OF NORTHAMPTON planning conservation zoning housing partnership redevelopment northampton GIS economic development community development historic community preservation central business architecture Wayne Feiden, AICP, Director of Planning and Development Wfeiden @NorthamptonMA.gov 413 587 -1265 City of Northampton Conservation Land Settlement Statement VFW Addition Fitzgerald Lake Conservation Area Consideration To seller $8,500 City of Northampton (for back taxes) 0 Total Purchase Price $8,500 Seller paid directly, no costs reported City paid directly, in -house attorney City paid recording, exempt from tax stamps City Hall 210 Main Street, Room 11 Northampton, MA 01060 www.NorthamptonMa.gov Fax 413 587 -1264 original printed on recycled paper Other costs Seller's legal and soft costs Buyer's legal and soft costs Recording costs and tax stamps PLANNING AND DEVELOPMENT CITY OF NORTHAMPTON planning conservation zoning housing partnership redevelopment northampton GIS economic development community development historic community preservation central business architecture Wayne Feiden, AICP, Director of Planning and Development Wfeiden@NorthamptonMA.gov 413 587 -1265 City of Northampton Conservation Land Settlement Statement Drygula Addition Fitzgerald Lake Conservation Area Consideration To seller 0 City of Northampton (for back taxes) $2,181.90 Total Purchase Price $2,181.90 Seller paid directly, no costs reported City paid directly, in -house attorney City paid recording, exempt from tax stamps City Hall 210 Main Street, Room 11 Northampton, MA 01060 www.NorthamptonMa.gov Fax 413 587 -1264 original printed on recycled paper 1 t ql o 1. TYPE OF SUBMISSION: Application Constructlon gi Non-Construction Pre- application Constructlon VI Non Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5. APPLICANT INFORMATION Legal Name: of Northampton Office of Planning and Development City P Organizational Unit: Department: Planning and Development Organizational DUNS: 613009278 Division: Address: Name and telephone number of person to be contacted on matters Involving this application (give area code) Street: 210 Main Street, City Hall Prefix: Mr. First Name: Wayne City: Northampton Middle Name County: Hampshire Last Name Feiden State: IZip 60 a I Suffix: Country: United States Email: .wfeiden @northamptonma :gov 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 0 0 _13 0 001 0 0 0 Phone Number giva.area code) 413-587-1265 Fax Number (give .area .code) 413 -587 -1264 8. TYPE OF. APPLICATION: 7.1 New 0 Continuation 0 Revision If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters Other.(specify) 7. TYPE OF APPLICANT: (See back of form for Application Types). C. Municipal Other (specify) 9. NAME OF FEDERAL AGENCY:. U.S Fish and Wildlife Service 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: '1=1 L _i -1®I; TITLE (Name of Program): North American. Wetlands Conservation Act Fund 11. DESCRIPTIVE TITLE OF APPLICANT'S .PROJECT: Fitzgerald Lake Conservation Area and Saw Mill Hills Conservation Area. Bird Habitat and Wetlands Expansion Project 12. AREAS:' AFFECTED BY PROJECT (Cities,.' Counties, States, etc): Hampshire County, Massachusetts 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: ''Ending Date: 1 a: Applicant lb. Project I Massach usetts 2nd District 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? A/AT'MADE a. Yes, AVAILABLE THIS PRE TO "THE STPPLICATION ATE PPLICA EXECUTIVE ION WAS ORDER 12372 PROCESS FOR REVIEW ON DATE: PROGRAM IS NOT COVERED. BY E. 0. 12372 b.:No: ici ri OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal S °Q 50,000 S` W 50,000 b. Applicant c. State 8 d. Local S 12,000 e. Other W f: Program Income S 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? °Yes if "Yes" attach an explana FE No g. TOTAL S 112,000`V 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS.APPLICATIONIPREAPPLICATION ARE'TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY. AUTHORIZED BY THE. GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative: Prr: vWVaynefix Hirst N ame Middle Name Last Name Suffix Feiden I b. Title 'c. Telephone Number (give area code) Director of Planning and Development 1413- 587 -1265 d. Signature of Authorized Representative 1e. Date Signed 112/02/2005 APPLICATION FOR FEDERAL ASSISTANCE DATE SUBMITTED 12/02/2005 Previous Edition Usable Authorized for LocalReoroduction Reset>Form Applicant Identifier 791014244 Version 7/03 StandardForm•424 (Rev:9 -2003) Prescribed bv OMB Circular A -102 O 0 0 J a O O N F- 0 Z 0 0 W •0 0 F- W v; 0 7 M U J Q 0 0 F- 0 0 N 'O so 0 U M M 0 0 0 0 CC 47 0 VI M w a- c F- a Q O O O L- --I O 0 OC7Q 0 201- 1- QJ0 u JOOF- C 0 0 0 0 0 •0 0 N O N M a- M O O ce ti W 0 Ni Z 0 N 0 Z 0 sou E oz 00 co 00 1-0 ∎i' 01- 0 a Q N 21.1 ■i' 1-00 -st-,t N N Q N M 0 01- W0) W •E ••F U-03 Se LULU CC 2 0 J 0 U 001-0 W •Q z mao= 23F w 00 0E- U u- 0 WWWN 2 >a- U 000 X f0 0) L Q O 00 00 W LL C72 W U 7 040/)0 0 0004 =M QCe 1'01-04 Z Z 0 0 W O O W N O a ce z OW 1 0 W OW OX 0 X 0W J 0 <0 NW X X W 0 z z W W a 0 Q 0G F- E =W0 W ..WQ J F- N ><1- r. 0 J OW 0 N 4t <<i- ••WWZF -QNU 1- N W ••¢a'a'WQJ04 N C)NWQQEW000E ••J 1 0 WJ¢a�0N0CC J JF- OW N ••2 0 ••QQ OZQW.-.a<N Q¢ F-0 EWW NO300..0Wu -W KY ••0!W J.-. ••00SL WJ> WI-N WO.. Y W 4 0 04 F- i+ F- O! 2 U... 0 F Z a CO O F- 72 C2000 MZON JW22u-W0Y >-w J 0 ••C) ••N 000004• --...0 2WQ UZF -F-0 W YU EJJ MWZZJNMZI iWW. 0QQJ4- WW.-- .7Q.-•W0QF -F-JJO 0] W >-Q0E- NF- F- J- •NF- u- OF -_ZNNF -¢1-041-2 F- a N>NQ0 1-1- 200W7C71-u_mEE22u -C•J 0 F- N W W Q 0 0 LL 0 0 0 0 a O O O 0 0 0 N U <N2 N 0 WM X J -J Q 0 ¢x w J W N=W WO I- O Z 0 0 W 0! N 0 0 N J 7 N W r a N w r 0 O LL 00 0 0 0 N O O W U a O O I- 0 0 V) 0 0 0 U N N W W r 0 0 0 0 Q ON ON 0 N N W 0 0 (0 L L L J O 0 Z 0 u O O r r <-10 LL _10F.- 0 0 O O 00 O U 00 O N p. N 0 0 N OW r O M A O U W Y W W 001-0 moron 0 0 0 r wwW(n www< 000 J W 0 0 X <000WLLC0x U ce O 0 0 V) O 0 o O w J =EU o'OQW r LL r r z z Q Q w-•00 zz 0 0- WM WO 2 W w W U= rr W M Q Y Y m z O W --O 1- OW Zr o x U W 1W 0 U1-. K W >-1- X X 0. Z Z W W W 0 O (n O Y r I Z W U D! Q J m >¢r o m F- J 2 4 ••W WZr¢U)0 r W –¢www QJW iii cu(nwQQmwmu <z ••J z <_[2e WO!wQ w W.- 00--a< OZ¢W Q¢ r0 Fo!V) Nc)3o0•- •mo!LLwo!>- ••o!o: J.-. ••OO== WJ> cF- (/)WWI W .P owr++ =LL•- +Or 0. V) m2 ccem <(0 0C/) JWZImLLWW> ->-W ••m ••0) mm W... --.0 =WQ Uzr1-.0 W YU EJJ F0•zz -am m-1 JKK. NQQJ4 -W W.- .OQ .WO¢rrJJ >-¢Or NrrJ.-. V)ru- 0rzw&» -«w r Wrr (0000 (0¢XZce0. --.¢¢w ww=m0 0)>- (n¢mrrLL=0Wnc0rU.0) X= U-00 W U 0! 0. 0 0 0 N W W 1- I- O 0 Z Y r a FEDERAL ASSISTANCE 2. DATE SUBMITTED 12/02/2005 Applicant identifier 791014244 1. TYPE OF SUBMISSION: Application I' Construction' 0 Non- Construction Pre application C .Construction ri2 Non- Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5. APPLICANT INFORMATION Legal Name: of Northampton Office of Planning and Development City P g P Organizational Unit: Department: Planning and Development Organizational DUNS: 613009278 Division: Address: Name and telephone.numberof person to be contacted on matter! involving this application (give area code) Street: 210 Main Street, City Hall Prefix: Mr. First Name: Wayne City: Northampton Middle Name County:: Hampshire Last Name Feiden 1 State: MA. Zip Code 01060 Suffix: Country:.. United States Email.: wfeiden a@northamptonma.gov 6. EMPLOYER Q. IDENTIFICATION 4_ 6 0 0' 1 4 0 6 .NUMBER (EN): Phone Number (give area code) 413 587 -1265 Fax Number (give area code) 41.3- 587 -1264 8. TYPE OF APPLICATION: New El ,Continuation If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) Other (specify) ID Revision 7. TYPE OF APPLICANT: (See back ..of:form for Application Types) C Municipal Other (specify) 9. NAME OF FEDERAL AGENCY: U.S Fish and Wildlife Service 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: TITLE` (Name of Program): North American Wetlands Conservation .Act :Fund 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Fitzgerald Lake Conservation Area and Saw Mill Hills Conservation Area. Bird Habitat and Wetlands- Expansion Project 12. AREAS AFFECTED. BY PROJECT (Cities, Counties, States, etc.,): Hampshire, County; Massachusetts 13. PROPOSED PROJECT 14 CONGRESSIONAL DISTRICTS OF Start Date: Ending. Date: a. Applicant b.. Project Massachusetts '.2nd District 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVI ORDER 12372:: PROCESS? a, Federal 50,000 THIS PREAP.PLICATION /APPLICATION WAS MADE a. Yes. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. Fr PROGRAM IS NOT COVERED BY E. O. 12372 r OR PROGRAM HAS NOT BEEN SELECTED BY STATE. FOR REVIEW b. Applicant w 50,000: c. State d. Local. 12;000 uu e. Other uu f. Program Income` 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? EI.Yes. "Yee attach an explanation. E No g. TOTAL uu 112,000 18. TO THE BEST OF MY KNOWLEDGE. AND BELIEF, ALL DATA IN THIS APPLICATION /PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS. BEEN. DULY AUTHORIZED:: BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized' Representative r efix vir:. First Name Wayne Middle Name Last Name Feiden Suffix b. Title Director of' Planning "and Development a. Telephone Number (give area code) 413= 587 -1265 d. Signature of Authorized Representative e. Date Signed 12/02/2005 1icL Previous Edition Usable Authorized for Local Reproduction Reset Form Version 7/ Standard Form 424 (Rev.9-20( Prescribed.bv OMB Circular A -1 V J 0 O U 0 0 0 R o O O O O O O O Y O O O O O O O V 0 (0 N V' 69 (9 (9 a1 m fA R 0 0 a E O O O O 0 0 0 0 0 0 0 0 R o o o o 0 0 0 0 0 0 0 L 0 0 0 0 0 0 0 0 0 0 0 t 0000 O N u) N N )O Z O N N N N 69. (4. 63 43 63 V3 69 69 69 69 (9 �a O O P Q 5 R 0 0 0 0 L o 0 (00) v o m Z 00. O a`0 LL c R Q 1 U Q z N 0 0 0 0 0 0 s 0 0 0 0 9 0 o o o o �o O o 00 0 0 0 Ch. c 69 69 69 i 69 63 2 o O a)a d O 0_ z N N N CO tN N N N N a) a) N N r‘ N N N N N 2 N N N N 2 N 2 N N 0 0 w N a) N E) W O W R R R (0 R (0 (0 R R R 2 (0 R R R U R U U U U U U U U U U Q Q 0 0 R U U U U 0 u a) .0 m 0 0 0 a) 0 J 11) 18) U a) a) a) m L N L .0 L L L L L L L L 0 0 L L a) L 0 L L L r 6 m O co c O (0 CO CO •C J NM V, aou) N NN d' V; co mZZ (0 V M CO 0 N N01 00 7 r (O 6 7 r (0 0 O (6 y ao w( v± dr N N CV LL LL W v) 0 7� 9 0) LL O R N N N 0 0 M Z N L d N R (2 N H U N 0 0 55 t Z L O co O O co o N E 0 w0.. o 00 F_ I_ (0 (0 (0 Q Q Q l e„ O O O 0) m O N O) O) (o N N» R N U N m� N NN Z`Z`NL U U ��R a) N∎NQ. N 0 N E al RQQL g Y.. a) N 2 2 •U.. N L R L L V X x T R R E R c" 2 C (n O O L .52 2 k N a j V) 4. o N rn a o aI (p nj :.(2 N c V aNN1 R y N 3 2 i C UJ O r R O cii 1) R P o. 2 (n U I- m 0 0 7 i Z M .A PQ•yv a) w m R N Z E v R O O w' N 2 O R a Z Zl ZZZii) 2 m O O_ O00 O a H F- F- I j O 1 (n fn co u) co 0 (n O)L 55 5 00 000 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y) 0 0 M (0 r O C) V' sc O) N M C) N 69 63 63 (9 V (9 63 69 (9 o O o o O O o O O O O 0 0 0 0 0 M 0 m 0 0 0 M V (0 N O E9 69 (9 69 M (0 (9 63 N O 0 N O 64 r O (0 (4 43 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 (O O CO N V O) r O V3 (9 64 Y3 c 0 0 0 O (Si V3 0 0 o 0 N 0 CO N N O (9 (9 n O M O O 0 V' O nv0) 0 r om 0 M O t0 O 69. t0 O M (9 69 U3 1. Federal Agency and Organizational Element to Which Report is Submitted U.S. Fish and Wildlife Service 2. Federal Grantor Other Identifying Number Assigned By Federal Agency 791014244 OMB Approval No. 0348 0039 Page of pages 3. Recipient Organization (Name and complete address, including ZIP code) City of Northampton Office of Planning and Development 210 Main Street, City Hall, Northampton Mass., 01060 4. Employer Identification Number 04 6001406 5. Recipient Account Number or Identifying Number 6. Final Report 0 Yes G No 7. Basis 0 Cash 0 Accrual 8. Funding /Grant Period (See instructions) From: (Month, Day, Year) 9/16/2006 To: (Month, Day, Year) 12/5/2007 9. Period Covered by this Report From: (Month, Day, Year) 9/16/2006 To: (Month, Day, Year) 12/5/2007 10. Transactions: I Previously Reported 1 This Period III Cumulative a. Total outlays 114,821.90 114,821.90 b. Refunds, rebates, etc. 0.00 0.00 c. Program income used in accordance with the deduction alternative 0.00 0.00 d. Net outlays (Line a, less the sum of lines b and c) Recipient's share of net outlays, consisting of: e. Third party (in -kind) contributions 0.00 114,821.90 12,000.00 114,821.90' 12,000.00 f. Other Federal awards authorized to be used to match this award 0.00 0.00 g. Program income used in accordance with the matching or cost sharing alternative 0.00 0.00 h. All other recipient outlays not shown on lines e, f or g 52,821.90 52,821.90 i. Total recipient share of net outlays (Sum of lines e, f, g and h) j. Federal share of net outlays (line d less line 1) 0.00 0.00 64,821.90 50,000.00 64, 821.90 50,000.00 k. Total unliquidated obligations 0.00 I. Recipient's share of unliquidated obligations 0.00 m. Federal share of unliquidated obligations 0.00 n. Total Federal share (sum of lines j and m) 50,000.00 o. Total Federal funds authorized for this funding period 50,000.00 p. Unobligated balance of Federal funds (Line o minus line n) Program income, consisting of: q. Disbursed program income shown on lines c and /or g above 0.00 0.00 r. Disbursed program income using the addition alternative 0.00 s. Undisbursed program income 0.00 t. Total program income realized (Sum of lines q, rand s) 0.00 11. Indirect Expense a. Type of Rate (Place "X" in appropriate box) 0 Provisional 0 Predetermined 0 Final 0 Fixed b. Rate 0 c. Base 0 d. Total Amount 0.00 e. Federal Share 0.00 12. Remarks: Attach any explanations deemed necessary or information required by Federal sponsoring agency in compliance with governing legislation. 13. Certification: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award documents. Typed or Printed Name and Title Wayne Feiden Telephone (Area code, number and extension) 413 587 1265 Signature of Authorized Certifying Official 9 Date Report Submitted December 5, 2007 FINANCIAL STATUS REPORT (Long Form) Follow instructions on the back) Previous Edition Usabl NSN 7540-01-012-4285 269 -104 Standard Form 269 (Rev. 7-97) Prescribed by OMB Circulars A -102 and A -110 200-498 P.0.139 (Face) 1. Federal Agency and Organizational Element to Which Report is Submitted U.S. Fish and Wildlife Service 2. Federal Grant or Other Identifying Number Assigned By Federal Agency 791014244 OMB Approval No. 0348 0039 Page of pages 3. Recipient Organization (Name and complete address, Including ZIP code) City of Northampton Office of Planning and Development 210 Main Street, City Hall, Northampton Mass., 01060 4. Employer Identification Number 04 6001406 5. Recipient Account Number or Identifying Number 6. Final Report 0 Yes 0 No 7. Basis 0 Cash 0 Accrual 8. Funding /Grant Period (See instructions) From: (Month, Day, Year) 9/16/2006 To: (Month, Day, Year) 12/5/2007 9. Period Covered by this Report From: (Month, Day, Year) 9/16/2006 To: (Month, Day, Year) 12/5/2007 10. Transactions: I Previously Reported 1 This Period III Cumulative a. Total outlays 114,821.90 114,821.90 b. Refunds, rebates, etc. 0.00 0.00 c. Program income used in accordance with the deduction altemative 0.00 0.00 d. Net outlays (Line a, less the sum of lines b and c) 0.00 114,821.90 114,821.90 Recipient's share of net outlays, consisting of: e. Third party (in -kind) contributions 12,000.00 12,000.00 f. Other Federal awards authorized to be used to match this award 0.00 0.00 g. Program income used in accordance with the matching or cost sharing alternative 0.00 0.00 h. All other recipient outlays not shown on lines e, f or g 52,821.90 52,821.90 i. Total recipient share of net outlays (Sum of lines e, f, g and h) 0.00 64,821.90 64,821.90 j. Federal share of net outlays (line d less line i) 0.00 50,000.00 50,000.00 k. Total unliquidated obligations 0.00 I. Recipient's share of unliquidated obligations 0.00 m. Federal share of unliquidated obligations 0.00 n. Total Federal share (sum of lines j and m) 50,000.00 o. Total Federal funds authorized for this funding period 50,000.00 p. Unobligated balance of Federal funds (Line o minus line n) 0.00 Program income, consisting of: q. Disbursed program income shown on lines c and /or g above 0.00 r. Disbursed program income using the addition alternative 0.00 s. Undisbursed program income 0.00 t. Total program income realized (Sum of lines q, rand s) 0.00 11. Indirect Expense a. Type of Rate (Place 'X" in appropriate box) 0 Provisional 0 Predetermined 0 Final 0 Fixed b. Rate 0 c. Base 0 d. Total Amount 0.00 e. Federal Share 0.00 12. Remarks: Attach any explanations deemed necessary or information required by Federal .sponsoring agency in compliance with goveming legislation. 13. Certification: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award documents. Typed or Printed Name and Title Wayne Feiden Telephone (Area code, number and extension) 413 587 1265 Signature of Authorized Certifying Official Date Report Submitted December 5, 2007 FINANCIAL STATUS REPORT (Long Form) (Follow instructions on the back) Previous Edition Usable NSN 7540 -01- 012 -4285 269 -104 Standard Form 269 (Rev. 7 -97) Prescribed by OMB Circulars A -102 and A -110 200-498 P.O. 139 (Face) FINANCIAL STATUS REPORT (Long Form) Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0039), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. Please type or print legibly. The following general instructions explain how to use the form itself. You may need additional information to complete certain items correctly, or to decide whether a specific item is applicable to this award. Usually, such information will be found in the Federal agency's grant regulations or in the terms and conditions of the award (e.g., how to calculate the Federal share, the permissible uses of program income, the value of in -kind contributions, etc.). You may also contact the Federal agency directly. Item Entry X 2 and 3. Self- explanatory. Enter the Employer Identification Number (EIN) assigned by the U.S. Internal Revenue Service. b• Space reserved for an account number or other identifying number assigned by the recipient. l Check yes only if this is the last report for the period shown in item 8. A Self explanatory. 8. Unless you have received other instructions from the awarding agency, enter the beginning and ending dates of the current funding period. tf this is a multi -year program, the Federal agency might require cumulative reporting through consecutive funding periods. In that case, enter the beginning and ending dates of the grant period, and in the rest of these instructions, substitute the term "grant period" for "funding period." 9. Self explanatory. 10. The purpose of columns, I, II, and III is to show the effect of this reporting periods transactions on cumulative financial status. The amounts entered in column I will normally be the same as those in column III of the previous report in the same funding period. If this is the first or only report of the funding period, leave columns I and 11 blank. If you need to adjust amounts entered on previous reports, footnote the column 1 entry on this report and attach an explanation. 10a. Enter total gross program outlays. Include& disbursements of cash realized as program income if that income will also be shown on lines 10c or 10g. Do not include program income that will be shown on lines 10r or 10s. For reports prepared on a cash basis, outlays are the sum of actual cash disbursements for direct costs for goods and services, the amount of indirect expense charged, the value of in -kind contributions applied, and the amount of cash advances and payments made to subrecipients. For reports prepared on an accrual basis, outlays are the sum of actual cash disbursements for direct charges for goods and services, the amount of indirect expense incurred, the value of in -kind contributions applied, and the net increase or decrease in the amounts owed by the recipient for goods and other property received, for services performed by employees, contractors, subgrantees and other payees, and other amounts becoming owed under programs for which no current services or performances are required, such as annuities, insurance claims, and other benefit payments. Item Entry rTh 1Ob. Enter any receipts related to outlays reported on the form that are being treated as a reduction of expenditure rather than income, and were not already netted out of the amount shown as outlays on line 10a. 10c. Enter the amount of program income that was used in accordance with the deduction alternative. Note: Program income used in accordance with other alternatives is entered on lines q; r, and s. Recipients reporting on a cash basis should enter the amount of cash income received; on an accrual basis, enter the program income earned. Program income may or may not have been included in an application budget and /or a budget on the award document. If actual income is from a different source or is significantly different in amount, attach an explanation or use the remarks section. 10d, e, f, g, h, i and j. Self explanatory. 10k. Enter the total amount of unliquidated obligations, including unliquidated obligations to subgrantees and contractors. Unliquidated obligations on a cash basis are obligations incurred, but not yet paid. On an accrual basis, they are obligations incurred, but for which an outlay has not yet been recorded. Do not include any amounts on line 10k that have been included on lines 10a and 1 0j. On the final report, line 10k must be zero. 101. Self- explanatory. 10m. On the final report, line 10m must also be zero. 10n, o, p, q, r, s and t. Self- explanatory. 1 la. Self- explanatory. 11 b. Enter the indirect cost rate in effect during the reporting period. 11c. Enter the amount of the base against which the rate was applied. 11d. Enter the total amount of indirect costs charged during the report period. Ile. Enter the Federal share of the amount in 11 d. Note: If more than one rate was in effect during the period shown in item 8, attach a schedule showing the bases against which the different rates were applied, the respective rates, the calendar periods they were in effect, amounts of indirect expense charged to the project, and the Federal share of indirect expense charged to the project to date. SF -269 Back (Rev. 7 -97)