901-2-07 Certified local sponsor selected matching grants.

 

 

 

TO BE RESCINDED

 

901-2-07                      Procedure for purchasing an agricultural easement.

 

 

 

(A)After receiving notification from the director that the applicant has been selected as a top scorer under paragraph (A) of rule 901-2-06 of the Administrative Code, the applicant shall inform the director within thirty days, in writing, that the landowner desires to proceed with the purchase of an agricultural easement, conditioned upon the landowner accepting the outcome of paragraphs (A)(1) to (A)(4) of this rule. If the director receives notice to proceed with the easement, then the director shall request the following:

 

(1)A title search or letter of clear title; however, if the title search reveals other third party interests, not previously known, that may not be conducive to keeping the land in agriculture if exercised, a statement of subordination to the terms of the agricultural easement shall be obtained from the third party, before proceeding with paragraphs (A) (2) to (A) (4) of this rule. Otherwise, a statement of no unsubordinated third party interests shall be included in the results of the title search.

 

(2)A property survey, if required, in accordance with paragraph (E) of rule 901-2-04 of the Administrative Code, to be conducted at the expense of the landowner.

 

(3) A property appraisal on the application property.

 

(4)The applicant to complete a present condition report on a form provided by the director as specified in rule 901-2-08 of the Administrative Code.

 

(B)After documents required in paragraphs (A)(1) to (A)(4) of this rule are completed and reviewed to the satisfaction of the director, applicant and landowner, all three parties shall execute an agreement of sale as provided by the director. The agreement of sale shall include:

 

(1)The total amount of the offer per acre, and for the entire application property,

 

(2) The total amount of state grant funds offered,

 

(3) The source and amount of the local match,

 

(4)Certification  by  the  applicant  that  sufficient  matching  funds  have  been encumbered,

 

(5)A  statement  of  the  landowner's  intent  to  receive  tax  benefits  for  a  partial donation.

 

(6)A statement that the grantor has no actual knowledge of hazardous substances or wastes, and that the grantee is held harmless from any and all liability or

 

 

expense arising from violation of environmental laws and regulations.

(7) Any other provisions the director deems necessary for the applicant and the landowner to be aware of prior to signing a deed of agricultural easement, and permitted pursuant to section 901.21, 901.22 or 5301.641(D)(2) of the Revised Code.

(C) Within thirty days of receipt of the agreement of sale from the director, the applicant and the landowner must sign and return the document to the director or advise the director, in writing, of their rejection of the offer. Failure of the applicant or landowner to act within thirty days of the date the offer is postmarked shall constitute a rejection of the director's offer to purchase.

(D) If the agreement of sale is signed by all parties, then the applicant and director shall sign a grant agreement provided by the director wherein the applicant agrees to:

(1) Share monitoring and enforcing responsibilities with the director,

(2) Act as fiduciary agent for all funds on behalf of the landowner, and either:

(a) Tender a lump sum payment to landowner, or,

(b) Administer an installment purchase agreement. The agreement must be approved by the director and shall include:

(i) Any installment payment terms,

(ii) Dates and amounts of payments,

(iii) Interest rate on the outstanding balance.

Effective:                                                     02/21/2005

R.C. 119.032 review dates:                         11/30/2004

CERTIFIED ELECTRONICALLY

Certification

02/08/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           901.22(A)

Rule Amplifies:                                  901.22

Prior Effective Dates:                         02/01/03