2.97.070 Property Acquisition Costs.
A. The Public Receiving Agency of selected conservation futures property shall bear all costs relating to property reports including, but not limited to, land surveys, hazardous materials assessment and cleanup, structural inspections and repairs; provided however, said receiving agency may waive in writing any such reports; provided further, said waiver shall be submitted to the County prior to the County beginning preliminary negotiations with a seller.
B. The County shall charge to the conservation futures fund all buyer's closing costs directly associated with the purchase of a conservation futures property including, but not limited to, buyer's appraisal fees, buyer's title insurance premiums, preparation of conveyance and reconveyance instruments, buyer's recording fees, and buyer's escrow fees.
C. The County may charge to the conservation futures fund such costs requested by a Non-profit Receiving Agency relating to the acquisition of eligible conservation futures properties as the Executive may deem appropriate and in the public interest; provided, that with respect to any particular conservation futures property, such acquisition costs shall not exceed 5 percent of the purchase price thereof.
D. Costs for all notices required by this Chapter shall be paid from the conservation futures fund.
E. Costs for a Conservation Futures Project Sponsor or Receiving Agency to obtain a Right of First Refusal as an option to acquire the conservation futures property from the underlying fee simple property owner in the event of sale may be paid from the conservation futures fund.
F. Grant Award Modifications. In an effort to advance as many Conservation Futures projects during a grant cycle as possible, it is critical that Sponsors and the County communicate on projects frequently. In general, projects are expected to be completed within 24 months of adoption of the County's funding Resolution and shall close within the funding biennium. Determinations regarding modification requests are made on a case-by-case basis by the Department Director. If necessary to successfully complete a Conservation Futures project, the following project modifications are allowed:
1. Reduced project size. If the project size can be reduced while still protecting all of the conservation priorities identified in the application, the grant award will be reduced proportionately to the size of the project.
2. Increased project size. If the project size can be increased without increasing the grant award and the additional property proposed for acquisition enhances the conservation priorities identified in the application, acquisition of additional property may be considered.
3. Increase in project acquisition cost. If the appraisal of the property is significantly different than the value anticipated in the grant application, the Sponsor may request a 10 percent increase in the project award to complete the project or resubmit the project for consideration during a future funding cycle. Any award increase is dependent on the availability of uncommitted funds in the grant round.
4. In all cases of any grant modifications, the percentage of committed grant match must be maintained.