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HomeMy WebLinkAboutNature Conservancy E~LIZABETH A. NEVILLE TOWN CLERK R~GISTRAR OF VITAL STATISTICS MARRLi. GE OFFICER RECORDS MANAGEMENT OFFICER ~FR~EDOM OF INFORMATION OFFICER Town I-Ia]J, 53095 M~dn Road P.O. Box 1179 ~ Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765:1800 sou~hoid~own.nor t hfork.net OFFICE OF THE TOWN CLERK TOVfN OF SOUTHOLD April 7, 2003 The Nature Conservancy Post Office Box 5125 East Hampton, New York 11937 Dear Kerry Enclosed please find two (2) copies of an agreement for professional services for conservation planning. Please s~gn both copies and return the "TOWN COPY" in the self- addressed envelope. A copy of the related Town Board resolution is also enclosed for your records. Enclosures cc: Town Attorney Land Preservation Department Very truly yours, Elizabeth A. Neville Southold Town Clerk TOWn Copy CONSERVATION PLANNING, ACQUISITION, AND PROFESSIONAL SERVICES AGREEMENT WITH THE NATURE CONSERVANCY THIS AGREEMENT made the }~'~ day of ~E~ 2003 , between the TOWN OF SOUTHOLD, a municipal corporation with offices located at 53095 Main Road, Southold, Suffolk County, New York, I 1971, hereinat~ referred to as the Town, and T~e Nature Conservancy, a ri, on-profit corporatmr~ orgamzed and exastmg under,he laws o£the DismCt of Columb~a, w~th. a principal place ~fbusmes~ at 424~; North'Fairfax Drive, Suite 1!00; Arlington, Vkg~ia, 22203-~606. WlTNESSETH.'. Pursuant to §247 of the General Municipal Law ofthe State of New York, the Town of So~athold, located in Suffolk County, State of New York, is authorized to acquire, inxeres~s or rights 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, tim Town Board is authorized to acquire.the development hghts ro 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 mtegral tO. the unique community character of the Town of Southold; and Whereas, the Town Board wishes to enter into a cooperative agreement with The Nature Conservancy to assist the Town in identifying appropriate lands for protection and in implementing the above mentioned preservation programs. Focus for this agreement vii. Il be within the Pipes Cove area. The Pipes Cove Area, for purposes of this contract, is defined as ~1 properties south of Main Road (State Route 25) locatec[ to the east of Kerwin Bmilevard and to th~ west of Silvermere Road. Additional properties may be added to the scope of this agreemem by mutual consent of the Land ~h:eservation Coordinator, the Town Board, and The Nature Conservancy~ and Wtrereas, The Nature, Conservancy is an international land conservation organization incorporated as a non-profit corporation in the Districl of Columbia holding Section 501-(c)-3 status under the Internal Revenue Code; NOW THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: The Town o~[ Southold hereby retains the services of The Nature Conservancy to work at the Direction of the Land Preservation Coordinator for the following purposes: To work cooperatively with the Land Preservation Coordinator and the t0.nd preservation committee to identify and~proteet the most impotent sit,es wi~ the P~p~es Cove Ar6a. Any v~ork oUtSide ~.p½'pes.. Cov~e~e will Be/tone only wit~ the gpproval of the Land.Presei-vati'o~c Coo~a~ror. To wo!~ cooperati-qely, with the~Land Preserv~ .Coordinator and~ the land preSbrvation committee in determin/ng the necessity of ~t~ m~.y reports~ or appraisals, and in acquiring such reports and appr~sal. ]~he Nat~.Cgnservancy, with the approval of the Land Pres~rYation CoOrdinator, shall be responsible for obtaining ~ necessary ~ppraicals, surv;~,'title certifications, or other reports ne~es~cy~ito ddtermlne ~e fair marke[¥alue of the property Or for contract or closing purpos6s. To negr~tiate directly with the landowners of properties id~eatified for acq~ajsiii~)n of fee or lesser pr0p~' interesm f~)r/he lXaposes of the pre~rviatkm ofthe properfie~, a~ directed :by the:Land Preservation Co0rdin~ aior. In such negoIiations,'The Nature C~) ,nservancy m~y em~ ploy a rang~ of p~0tec, fion techniqUes:inclUding: fee ~cq. ~:~ ition~ bargain sgles, eas~ts~.:~l~m~. ~aps, I/mite,d ~evelopment, etc~, ~al~ as calculhted m best pro,tect ~,e.i~emifi~ lands at the l~ast cost t9 fl~el ~i~wn- Where. accluisifion is/n~o !¢eff,.~The Nature Conservancy will' negot~i~te t(y aequire.~e fee title rights r)i~ldparcel; or ar3y o~er Property interest ~erein F,or a.~lu~ I/et excce~ '~ k~ fair market val~,~ ~ bft~at i~ropertY h[erest a~ ap~oved by the L~ff~:)eselvat~0n Coord~a~9~ t3g. d the To~!~oarrt: Atl acquisitions are Sut~j~a~(~ a frei! approval ~am the Town Bo~. It is the intent oEthe Town of Southold to coordinate ant[ l~everage funding for the acquisition o£deveIopment rights or fee interest whereyer possible~. Such efforts may require the Conservancy to coordinate with the~hfe of New York, the County of Suffolk, and other govermja~ ental or non-l~rOfi~!e,n, tities engaged in land preservation in the Town of Southold as directed by"the iLand Preservation Coordinator. It is understood that The Nature Conservancy may alsa b~ working on behalf of other governmental entities, and such arrangements, inc~ding any compensation arrangemen~t, will be disclosed to alt involved parties, on a case by case basis. The Nato. re Conservancy shall conduct all activities subject to the approval of the Land Preservation Coordinator. 5. As compensation for such services, the Town wilt pay The Nature Conservancy a feenot to exceed $15,000 for a one year period, payable in four (4) quarterly installments. In addition, the Town may pay any direct exp.enses/ncurred by the Nature Conservancy for kerns above and beyond normal operatiag expanses, in~, b¢t not limited t6 surveys, appraisals, and:legal consultation fees, pr~vide~.prior appmvat is receiYed'frgm the LamtP~reservation Coordinator for qu. eh:~expetmes.'q~mb Other expenhes, as well ,as tb,e fo~ (4) quarterly p~)sAnents d:lc :mdc' s .\,2'cc c t ' ix t 't aplm)xal :lC{l, ??d"k[~t'o f!. i ill].! T,k..~,l ~mc~r( ,..,.I. co.,.i.~.{ · ,m or January 1., g003~and shall exl~re on, the I )cccni'b~r 3 I.. 2~ ~11.';. t!!:lcqq ~=c,cx~ cd Ibr. addSIional~, onei~.!~) year pmiod(s) UPon the IltilllaJ', ~', ['[It¢II'.L'O[I~Clll m'botl] j~m ties. 7. This ~gree~rge~s, hall ~b~:effee~ixe ~l~on sigmng, unless sooner terminated Tiffs ~Agree~6T~.,t~ ~may b~ ~ated~by either parry upon writtea notice for any reason ~~. ;~' ~30 d~. ~ys ~' ~ce ~ the other.~ ~parby. Sh0uld the To~n terminate this a~g~t~ the Consen~y s .~: ~11 be paid for work performed under this agree~nt~ t~o~ the date, of~Mion on a pro-rated basis. 9. This ~g[..e~eqt may b~m~or~e0~ o~y in whting and upon approval by the Town B6ard pur~kn~to: a duls~ ac[oiled resolution. 10. This~Agr. eem. e~it shall be cons .l~Ta. ed ~according to the laws o f the State of New York. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto. TOWN OF SOUTHOLD 7fOSHUA Y. HORTON SUPERVISOR THE NATURE CONSERVANCY DIRECTOR ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS 1ViARRIAGE OFFICER · ;RECORDS ~IANAQE~IEi~IT OFFICER F~EDOM OF INFO~TIOIq OFFICER Town I-Iall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631~ 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.ne~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 169 OF 2003 WAS ADOPTED AT THE REGULAR M~ETING OF THeE SOUTHOLD TOWN BOARD ON MARCH 11, 2003: RESOLVED that the Town Board of the To~vn of Southold hereby engages the professional services of The Nature Conservancy to perform Conservation Planning~ Acquisition~ and Professional Services related to the Town's land preservation efforts within the Pipes Cove area, and authorizes the Supervisor to sign the agreement between The Nature Conservancy and the Town o£ Southold, subject to review of the contract language by the Town Attorney. Compensation shall not exceed $15,000, and the comract term shall be from January 1, 2003 - December 31, 2003. Elizabeth A. Neville Sonthold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS 1VrARRIAGE OFFICER RECORI~)~ S MANAGEMENT OFFICER ~FREEDOM OF INFORMATION OFFICER Town Ho]i, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoIdt ownmor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 13, 2003 The Nature Conservancy 4245 North Faiffax Drive Suite 100 Arlington, Virginia 22202-1606 Attention: Nancy Nagle Kelley Acting Executive Director Dear Ms. Kelley: Enclosed please find two (2) copies of an agreement for professional services for conservation planning. Please sign both copies and return the "TOWN COPY" in the self- addressed envelope. A copy of the related Town Board resolution is also enclosed for your records. Enclosures cc: Town Attorney Land Preservation Departmem Very truly yours, Elizabeth A. Neville Southold Town Clerk CONSERVATION PLANNING, ACQUISITION, AND PROFESSIONAL SERVICES AGREEMENT WITH TELE NATURE CONSERV~ANCY THIS AGREEMENT made the ,Y~to4!'- day of December, 2001, between the TOWN OF SOUTHOLD, a mummpal corporation with offices located at 53095 Main Road, Southold, Suffolk Coumy, New York, 11971, hereinafter referred to as the "ToWn," ant[ The Nature Conservancy, a non-profit co~oration orgarfized and existing under the laws oft he District o£ Colttmbia, with a principal place of business at 4245 North Fairfax Drive, S~tte 100, ArtJngtun, Vir~iuia, 22203-1606. WiTNE<3SETI-I:- Pursuant to §247 of the G6neral Municipal Law of the State of New York, the Town of Sonthold, located in Suffolk County, State of New York, is authorized to acquke interests or rights 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 Sunthold, 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 acqmre, preserve and protect properties which are integral to the unique community character of the Town of Southold; and Whereas, the Town Board wishes to enter into a cooperative agreement with The Nature Conservancy to assist the Town in identifying appropriate lands for protection and in implementing the above mentioned preservation programs. Focus for this agreement will be within the Pipes Cove area. The Pipes Cove Area, for purposes of this contract, ~s defined as all properties south of Main Road (State Route 25) located to the east of -~Kerwin BouteYard~nd.to.tlie west of Silvermere Road. Additional properties may be added to the scope of this agreement by mutual consent of the Land Preservation Coordinator, the Town Board, and The Nature Conservancy2 and Whereas, The Natare Conservancy is an international land conservation organization incorporated as a non-profit corporation in the District Of Columbia holding Section 501-(c ~-3 status under the Internal Revenue Code; NOW THEREFORE. IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: The Town of Southold hereby retains the services of The Nature Conservancy re work at the Direction of the Land Preservation Coordinator for the following proposes: To work cooperatively with the Land Preservation Coordinator and the land preservation committee to identify and protedt the most important sites within the Pipes Cove Area. Any worl~ outside the Pipes Cove Area will be done only with the approval of the Land Preservation Coordinator. To work cooperatively with the Land Preservation Coordinator and the land preservation committee ha-detenuiuing the necessity of obtaining any reports or appraisals, and in acquiring such reports and appraisal. The Nature'ConCervancy, with the approval of the Land Preservation Coordinator, shall be responsible fo[ obtaining any necessary appraisals, surveys, title certifications, or other reports.necessary to determine the fair market value of the property or for contract or closing purposes. To negotiate directly with the landowners of properties identified for acquisttion of fee or lesser property interests for the purposes of the preservation of the properties, as directed by the Land Preservation Coordinator. In such negotiations, The Nature Conservancy may employ a range of protection techniques including: fee acquisition, bargain sales. easements, land swaps, limited development, etc., all as calculated to best protect the identified lands at the least cost to the Town. Where acquisiuon is involved, The Nature Conservancy will nego'dare to acquire the fee title rights of the parcel or any other property interest therein for a value not exceeding the fair market value of that property interest as approved by the Land Preservation Coordinator and the Town Board. All acquisitions are subject re a final approval from the Town Board. 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 may require the Conservancy 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 that The Nature Conservancy may also be working on behalf of other governmental entities, and such arrangements, including any compensation arrangemeni, will be dLsclosed to all involved parties, on a case by case basis. 10, The Nature Conservancy shall conduct all activities subject to the approval of the Land Preservation Coordinator. As compensation for such sermces, the Town will pay The Nature Conservancy a fee not to exceed $15,000 for a one year period, payable in four (4) quarterly installments. In addition, the Town may pay any direct expenses incurred by the Nature Conservancy for items above and beyond normal operating expenses, including but not Iimi~ed m surveys, apprais.als, and legal consultation fees, provided prior approval is received from the Land Preservation Coordinator for such expenses. Snch other expenses, ~s well as the four (4) qnarteriy payments due muder ~is Agreement, shall be submitted, for Lan4 Preservation Cogrdinator and Tow~ Board approval by~appmpria~ Town voucher, utilizing generally accepted accounting and audit pr/nc/pies. The Agreement shall commence as of the ~ ] ~ day of December, 2001, and shall expire on the $ l s_+ day of December, 2002, unless renewed for additional one (1) year period(s) upon the mutual written consent of both parties. This Agreement shall be effective upon s~gning, unless sooner terminated pursuant to Section 8 of this Agreement. This Agreement may be terminated by either party upon written notice for any reason upon 30 days written notice to the other party. Should the Town terminate this agreement, the Conservancy shall be paid for work performed under this agreement up to the date of tern-fmafion on a pro-rated basis. This Agreement may be modified only in writing and upon approval by the Town Board pursuant to a duly adopted resolution. This Agreement shall be construed according to the laws of the State of New York. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto. TOWN OFSOUTHOLD coc SUPERVISOR THE NATURE CONSERVANCY ACTING EXECU3~VE / DI2LECTOR ~ NatureY ' ' Collset'varlcy® o~ Long[slan. d ~' March 1,2002 ~o150 Lawrence t~!! Ro~d d S~rin~ Harbor, ~ 1172 Tel (63~ Fa~(63!) 367~47~ w~nat ur e.org/n~york/longisl~d sou~ ~o~-s~ E~zabeth A. Neville v~n~e~5~ S°Uthold Town Clerk T~(6m)32¢7689 P.O, Box 1179 · ~me.org/ne~ork/soat~ork Southotd;~ 11971 Po~t ~CeB~ 850 Td~l) 42~N~m~xDr~v<S~m~00 Dear Ms. Neville, Td~03) 841-5300 RECEIVED 2002 $outholdTown Cle~ Enclosed please find the Town's copy of our Conservation Planning, Acquisition, and Professional Services Agreement. Please note the con'ect mailing gddress for future §orrespond~n~e Wi~h r~espect to this agreement: Heather Lanza ;l'he Nature Conservancy P O. Box 5125 East Hampton, NY 11937 Best regards, Heather Lanza lrector oi~,aiid; ProLe~rt~l~ E2aclosures, ,~GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY JOSHUA Y. HORTON Supervisor Town ttall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 e-mail: gr e~.¥akab o ski(~town.southo Id.ny.us ma~.wflson~tow~a.s outhol al.nv.ns OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: From: Date: P~e: Elizabeth A. Neville ToWn Clerk Mary C. Wilson, Esq. Assistant Town Attorney January 2, 2002 Conservation Planning, Acquisition, and Professional Services Agreement with Peconic Land Trust / The Nature Conservancy Betty: Attached, please find the following: · Certified copy of resolution #865 of 2001 adopted December 18.2001 · Two copies of agreement with Peconic Land Trust dated December 26, 2001, with odginal signatures of Supervisor Jean W. Cochran · Certified copy of resolution #866 of 2001 adopted December 18, 2001 · Two co pies of agreement with The Nature Conservancy dated December 26, 2001, with origin'al signatures of Supervisor Jean W. Cochran Please forward the agreements to the appropriate parties for signature. Thank you. Mary /md encs. cc: Melissa Spire w/copies of resolutions/agreements ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS 1ViARt{IAGE OFFICER RECORDS MAi~AGE~/iENT OFFICEE FREEDOM 01~ INFOtk~IATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Soulhold. New York 11971 Fax (631 765-6145 Telephone ~631) 765-1800 southoldtown,northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Febmary21,2002 The Nature Conservancy 4245 No,th Fairfax Drive Suite 100 Arlington, Virginia 22202-1606 Attention: Nancy Nagle Kelley Acting Executive Director Dear Ms. Kelley: Enclosed please find two (2) copies of an agreement for professional sermces for conservation planning. Please sign both copies and return the "TOWN COPY" in the self- addressed envelope. A copy of the pertinent Town Board resolution is also enclosed for your records. Very truly yours, Enclosures (5) Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTILM% OF VITAL STATISTICS 1VLA. RRIAGE OFFICER RECORDS 3FJ-~qAGEI~ENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF TI-IE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 866 OF 2001 WAS ADOPTED AT THE REGULAR'MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18, 2001: RESOLVED that thc Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Conservation Planning, Acquisition, and Professional Services Agreement with The Nature Conservancy for thc year 2002, all in accordance with the Town Attorney. Elizabeth A. Neville Southold Town Clerk CONSERVATION PLANNING, ACQUISITION. AND PROFESSIONAL SERVICES AGREEMENT WITH THE NATURE CONSERVANCY THIS AGREEMENT made the ,~>4~_ day of December, 2001, between the TOWN OF SOUTHOLD. a murdcipal corporation with offices located at 53095 Main Road, Southold, Suffolk County, New York, 11971, hereinafter referred to as the "Town," and The Nature Conservancy, a non-profit corporation organized and existing trader the laws of the D/strict of Columbia. with a principal place of business at 4245 North Fairfax Drive, Suite 100, ArPmgton, Vir~nia, 22203-1606. WITNES SETH: t~ursuanr ro §247 of the General Municipal Law of the State of New York, the Town of Southotd, located irt Suffolk County, State of New York, is authorized to acquire interests or rights 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 Toxxq~ 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 cormnunity character of the Town of S outhold: and Whereas, the Town Board wishes to enter into a cooperative agreement with The Nature Conservancy to assist the Town in identifying appropriate lands for protection and in implementing the above mentioned preservation programs. Focus for this agreement will be within the Pipes Cove area. The Pipes Cove Area, for purposes of this contract, is defined as ali properties south of Main Road State Route 25 ~ located to the east of Kerwin Boulevard and to the west of Silvermere Road. Additional properties may be added to the scope of this agreement by mutual consent of the Land Preservation Coordinator. the Town Board, and The Nature Conservancy2 and Whereas, The Nature Conservancy ~s an international land conservation organization incorporated as a non-profit corporation in the District of Colm:abia holding Section 501-(c)-2 status under the Internal Revenue Code: NOW THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: The Town of Southold hereby retains the services of The Nature Conservancy to Work at the Direction of the Land Preservation Coordinator for the following purposes: 'To work cooperatively with the Land Preservation Coordinator and the land preservation committee to identify and protect the most impolxam sites within the P~pes Cove Area. Any work outside the Pipes Cove Area ~fill be done only with the approval of the'Land Preservation Coordinator. To work cooperatively with the Land Preservation Coordinator and the land preservation committee in determining the necessity of obtain/ng any reports or appraisals, and in acquiring such reports and appraisal. The Nature Conservancy, with the approval of the Land Preservation Coordinator, shall be responsible for obtaining any necessary appraisals, surveys, title certifications, or other reports necessary to determine the fair market value of the property or for contract or closing purposes. To negotiate directly with the landowners of properties identified for acqnisition of fee or lesser property interests for the purposes of the preservation of the properties, as directed by the Land Preservation Coordinator. In such negotiations. The Nature Conservancy may employ a range of protection techmques including: fee acquisition, bargain sales, easements, land swaps, limited development, etc.. all as calculate(i to best protect the identified lands at the least cost to the Town. Where acquisition is involved, The Nature Conservancy will negotiate to acquire the fee title rights of the parcel or any other property interest therein for a value not exceeding the fair market value of that property interest as approved by the Land Preservation Coordinator and the Town Board. All acquisitions are subiect to a final approval from the Town Board. 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 may require the Conservancy 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 that The Nature Conservancy may also be working on behalf of other govermmental entities, and such arrangements, including any compensation arrangement, will be disclosed to all involved parties, on a case by case basis. 10. The Nature Conservancy shall conduct all activities subject to the approval of the Land Preservation Coordinator. As compensation for such serwces, the Town will pay The Nature Conservancy a fee not m exceed $15,000 for a one year period, payable in four (4~ quarterly installmen¢~. In addition, the Town may pay any direct expenses incurred by the Nature Conservancy for items above and beyond normal operating expenses, including but not limited to surveys, appraisats~ and legal Consultation fees. provided prior approval is received from the Land Preservation Coordinator for such expenses. Such other expenses, as well as the four (4) quarterly payments due trader,rids Agreement, shall be submitted for Land Preservation Coordinator arfd Town Board approval by appropr'~ate Town voucl~er, utilizing generally accepted accounting and audit principles. The Agreement shall commence as of the ~-+ day of December, 2001, and shall expire on the 3 I s_+ day of December, 2002, unless renewed for additional one (1) year period(s) upon the mutual written consent of both parties. This Agreement shall be effective upon stgning, unless sooner terminated pursuant to Section 8 of this Agreement. This Agreement may be terminated by either parry upon written notice fo~ any reason upon 30 days written notice to the other party. Should the Town terminate this agreement, the Conservancy shall be paid for work performed under this agreement up to the date of termination on a pro-rated basis. This Agreement may be modified only in writing and upon approval by the Town Board pursuant to a duly adopted resolution. This Agreement shall be construed according to the laws of the State of New York IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto. TOWN OF SOUTHOLD THTE NATURE CONSERVANCY cocm N SUPERVISOR By: NANCY NAGLE KELLEY ACTING EXECUTIVE DIKECTOR ELIZABETH A. NEVILLE TOWN CLERK REGISTlqAR OF VITAL STATISTICS MARRLtGE OFFICER I:~ECORDS 1ViANAGEkVLEN T OFFICER Ft~EEDO1V~ OF INFORM_iTION OFFICER Town ttalli 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sotttholdtown,nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 21, 2002 Timothy Caufield Peconic Land Trust P.O. Box 1776 Southampton, New York 11969 Dear Mr. Caufield: The Southold Town Board adopted a resolution at a regular meeting held on December t 8, 200t approving your agreement for professional services for conservation planning and acquisition. A certified copy of this resolution is enclosed, together with two (2) copies of the agreement signed by Supervisor Cochran. Please sign both copies and return the "TOWN COPY" in the enclosed self-addressed envelope. Thank you. Very truly yours, EliZabeth A. Nevilie Southold Town Clerk Enclosure ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS 1MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORM~kTtON OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telepho~xe (631) 765-1800 OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD vAHIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 865 OF 2001~ S ADOPTED AT THE IiEGULAR MEETING OF THE SOUTttOLD TOWN BOARD ON DECEMBER 18, 2001: RESOLVED that the Town Board of the Tmon of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Conservation Planning, Acquisition, and Professional Services Agreement with the Peconic Land Trust for the year 2002, all in accordan~ with the Town Attorney. Elizabeth A. Neville Sonthold Town Clerk "TOWN COPY" CONSERVATION PLANNING. ACQUISITION, AND PROFESSIONAL SERVICES AGREEMENT WITH THE PECONIC LAND TRUST THIS AGREEMENT made the 'ZL?i'- day of December, 2001, bet~veen 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, S0uthampron, 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 community character of the Town of Sonthold; 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 PARTI]ES AS FOLLOWS: The Town of Southold retains 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 PreservatJ~on Coordinator; Assist with the implementation of such strategies cons~smnr with the Community Preservation Fund Project Plan as directed by the Land Preservation Coordinator; Provide Commumty Outreach and Community Education _services on behalf of the Town of Southold as directed by the Land Preservation Coordinator. 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 Commurfity Preservation Project Plan (hereinafter referred to as "CPPP") and will include but not be limited to: meetings with prospective sellers of development rights, the town board, the Land Preservation Coordinator, planning department st~ff, 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 pubhc and commurfity organizations, of the goals, process and accomplishments of the Town's Land Preservation Programs. Prepare "Conservation Opportuzaity 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, plmming 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; Provide assistance and professional services related to the town's Stewardship responsib/lities and obligations pursuant to Chapter 59 (Open Space Preservation) and the CPPP as directed by the Land Preservation Coordinator or other Town designee. Such services will be initially directed towards the town's Do~vns Farm Preserve Fort Corchaug property and the Dam Pond properties. Services may be expanded to include the Laurel Lake area and the Arshamomaque Wetlands area as directed by the Land Preservation Coordinator. Services may include, but not be limited to, preserve management and maintenance~ the preparation of Baseline Documentation Reports for preserves and easements, the preparation and implementation of Management Statements and management Plans. and the mouitor[n~ and enforcement of the' Town Southold's PDR easements/agree_men~s as directedby the Land Preservation Coordinator; Peconic Land Trust shall work cooperatively with the Land Preservation Coordinator and the land preservation committee, m identify and protect the most/mportant sites. It is understood that the trust's primary role is that of f~cititator/med/ator between the town, other governmental and non-governmental agencies, and landowners for the acquisition of cIevelopment fights 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 fights or fee interest wherever possible. Such efforts will reqmre 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 lando~vners, 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. Peco~ic Land Trust shall conduct all activities subject to the approval of the Land Preservation Coordinator. For the purposes of tl-fis Agreement, negotiations on any particuiar 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 t/me and project expenses (/ncluding consultant services related to author/zed projects, mileage, postage, telephone and other rzlevant out-of- pocket expenses). It is understood that fees and expenses will not exceed $40,000 without further author/zation from the Town Board. Peconic Land Trust shall supply information regarding services they have performed as may be requested by the town. 10. 11. 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 reports necessary to determine the fair market value o£the property or for contract or closing purposes. The Agreement shall ;c~mmence as of the 3] ~4- day of December ,2001, and shall expire on the316 day of December, 2002. This Agreement may be terminated by either party and for any reason upon 30 days written notice to the other puny. In that event, Peconic Land Trust shall be compensated for the value o£services and expenses incurred. This Agreement may only be modified in writing and such modification is subject to approval by the town board pursuant to resolution. 12. This Agreement shall be construed according to the taws of the State of New York. 1N WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto. TOWN OFSOUTHOLD PECONIC LAND TRUST By: