HomeMy WebLinkAboutPeconic Land Trust/Strat ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECOI~)S MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 170 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 11, 2003:
RESOLVED that the Town Board of the Town of Southold hereby engages the orofessional
services of the Peconic Land Trust to perform Stewardship Services related to the Town's
land preservation efforts, and authorizes thc Supervisor to sign the agreement between the
Peconic Land Trust and the Town of Southold, subject to review of the contract language by the
Town Attorney. Compensation shall not exceed $35,000 and the contract term shall end on
December 31, 2003 or at the completion of the tasks outlined in the contract.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A, NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 13, 2003
Peconic Land Trust
296 Hampton Road
Post Office Box 1776
Southampton, New York 11969
Dear Sirs:
Please find two (2) copies of the agreement with the Town of Southold for "Conservation
Planning~ Acquisition, and Professional Services" and two (2) copies of the agreement for '_'
Stewardship Services" for your signature. Please sign all copies, and then return both of the
"Town Copies" in the enclosed self addressed envelope.
Should you have any questions, please do not hesitate to call me at 631 765-1800. Thank
you.
Very truly yours,
Southold Town Clerk
Enclosures
cc: Town Attorney
Land Preservation Department
FAX NO.
Dec. i? 2082 03:02PM P2
2003 HotmLY RATES OF PECO~IC LA~ TRUST
STAFF AND CONSULTANTS
Peeonic Lan~d Trust~ tncorpo_rated
President
Vice President
Program Directors
Design Manager
Project/Program Manager
Stewardship Manager - Consultant Rate
Stewaydskip Manager - Tractor Rate
ProjectJPro~n~n Associates
ProjecffProgram Assistants
Administrative Assistants
Stewardship Apprentices - Labor Rate
Stewardship Apprentices - Tractor Kate
$135 / hour
100 / hoar
90 / hour
75 / hour
70 / houx
65 / hour
85 / hour
50 / hour
40 / ho~r
35 / hour
30 / hour
85 / hour.
William T. Hutton, Esquire
Specialist in Concervation Tax Law
William Ginsberg, Esquire
Specialist in Conservation Easement Law
Susan Quinn Tuths, Esquire
Specialist in Real Estate Law
$ 335 / hour
250 / hour
165/hour
The Peconic Land Trust reserves the right to adjust its rate schedule with 30 days notice.
~X?EC_PDC~HARED\PLANNtNG\Proposala\pmpot, ab 2003~003 Hourb~ Rat~s of P*conic Land Tr~¢t. do~
CONSERVATION PLANNING, ACQUISITION,
AND PROFESSIONAL SERVICES AGREEMENT
WITH THE PECONIC LAND TRUST
THIS AGREEMENT made the day of l*ebruary 2003, between the TOWN
OF SOUTHOLD, a municipal corporation with offices located at 53095 Main Road, Southold,
Suffolk County, New York, 11971, hereinafter referred to as the "Town," and PECONIC LAND
TRUST~:INCORPORATED, a non-profit corporation organized and existing under the laws of
the State of New York, with a principal place of business at 296 Hampton Road, PO Box 1776,
Southampton, New York' 19969.
WITNESSETH:
Pursuant to §247 of the General Municipal Law and Article 49 of the Environmental
Conservation Law of the State of New York, the Town of Southold, Suffolk County, New York,
is authorized to acquire interests or fights in real property, for the preservation of open spaces
and other areas; and
Pursuant to Chapter 25, Chapter 59, and Chapter 6 of the code of the Town of Southold,
the Town Board is authorized to acquire the development rights to agricultural lands and fee
interest to open space and other lands; and
Pursuant to the Community Preservation Project Plan for the Town of Southold, the
Town Board is authorized to acquire, preserve and protect properties which are integral to the
unique commurfity character of the Town of Southold; and
Whereas, the Town Board wishes to enter into a cooperative agreement with Peconic
Land Trust to assist the Town in identifying appropriate lands for protection and implementing
the above mentioned preservation programs; and
Whereas, the Peconic Land Trust is a regional non-profit land conservation corporation,
recognized as a 'public charity' under §501(c)(3) of the Internal Revenue Code;
NOW THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS:
The Town of Southold reta'ms the services of Peconic Land Trust to assist the Land
Preservation Coordinator for the following purposes:
Assist with the refinement and implementation of land preservation strategies
including, but not limited to, the "Farm and Farmland Preservation Plan" and
other efforts as directed by the Land Preservation Coordinator;
Assist with the implementation of such strategies consistent with the Commurdty
Preservation Fund Project Plan as directed by the Land Preservation Coordinator;
Provide "Commtmity Outreach" and "Community Education"services on behalf
of the Town of Southold as directed by the Land Preservation Coord'mator, which
are designed to identify potential sellers of development rights and to educate
same, as to the range of public and private options available. Such services shall
be consistent with the goals and strategies outlined in the Community
Preservation Project Plan (hereinafter referred to as "CPPP") and will include but
not belimited to: meetings with prospective sellers of development rights, the
town board, the Land Preservation Coordinator, planning department staff, and
the land preservation committee. In addition, the PLT may provide Community
education services and materials on behalf of the Town, as directed by the Land
Preservation Coordinator, which are designed to inform the general public and
community organizations, of the goals, process and accomplishments of the
Town's Land Preservation Programs.
Prepare "Conservation Oppommity Plans" for specific conservation projects as
authorized by the Land Preservation Coordinator. Coordinate the implementation
of such conservation projects with landowners, the town board, the Land
Preservation Coordinator, planning department staff, and the Town's land
preservation committee;
Assist with the preparation of applications for matching funding and related land
preservation assistance as requested by the Land Preservation Coordinator;
Assist with the negotiations and agreements with property owners for the sale of
development rights and fee title as directed by the Land Preservation Coordinator.
In no event however, will Peconic Land Trust negotiate price on behalf of the
Town and Landowner in the same transaction;
Peconic Land Trust shall work cooperatively with the Land Preservation Coordinator and
the land preservation committee, to identify and protect the most important sites. It is
understood that the trust's primary role is that of facilitator/mediator between the town,
other governmental and non-governmental agencies, and landowners for the acquisition
o
10.
of development rights and open space consistent with strategies outlined in the
Community Preservation Fund Project Plan.
It is the intent of the Town of Southold to coordinate and leverage funding for the
acquisition of development rights or fee interest wherever possible. Such efforts will
require the Trust to coordinate with the State of New York, the County of Suffolk, and
other governmental or non-profit entities engaged in land preservation in the Town of
Southold as directed by the Land Preservation Coordinator.
It is understood the Peconic Land Trust may also be working on behalf of landowners, or
other governmental or non-governmental entities and such arrangements, including any
compensation arrangement, will be disclosed to all involved parties, on a case by case
basis (see also paragraph If above).
Prior to the commencement of negotiations, the Town will identify and prioritize
acquisition parcels. The Land Preservation Coordinator and Land Preservation
Committee shall determine the necessity of obtaining any outside reports or appraisals,
and determine other acquisition costs related to each project Pecouic Land Trust will be
involved in. The Town Board will make the final determination regarding acquisition.
Peconic Land Trust shall conduct all activities subject to the approval of the Land
Preservation Coordinator. For the purposes of this Agreement, negotiations on any
particular parcel shall be complete once the town of Southold and the landowner have
entered into a formal agreement prepared by the Town Attorney's Office or other formal
agreement to preserve the parcel.
As compensation for such services, the Town will pay Peconic Land Trust a fee based on
Peconic Land Trust's actual time and project expenses (including consultant services
related to authorized projects, mileage, postage, telephone and other relevant otu-of-
pocket expenses). It is understood that tees and expenses will not exceed $50,000
without further authorization from the Town Board. Peconic Land Trust shall supply
information regarding services they have performed as may be requested by the town.
The Town Attorney and Land Preservation Coordinator, subject to Town board approval,
shall be responsible for obtaining any necessary appraisals, surveys, title certifications, or
other repons necessary to determine the fair market value of the property or for contract
or closing purposes.
The Agreement shall commence as of January 1, 2003, and shall expire on December
31, 2003.
This Agreement may be terminated by either party and for any reason upon 30 days
written notice to the other party. In that event, Peconic Land Trust shall be compensated
for the value of services and expenses incurred.
11.
12.
Tiffs Agreement may only be modified in writ'mg and such modification is subject to
approval by the town board pursuant to resolution.
This Agreement shall be construed according to the laws of the State of New York.
IN WITNESS WHEKEOF, tiffs Agreement has been duly executed by the parties hereto.
TOWN OF SOUTHOD
PECONIC LAND TRUST
BY:~,~- [~4