HomeMy WebLinkAboutPeconic Land TrustPECONIC LAND TRUST
296 Hampton Road, 1~O. Box 2088, Southampton. NY 11969
516)283-3195 Fax: 516 283-0235
MANAGEMENT AND SERVICE AGREEMENT
THIS AGREEMENT made the 18th day of Marcl~ 1998, between the TOWN OF
SOUTHOLD, a municipal corporation located at 53095 Main Road (P.O. Box 1179)
Southold, New York 11971 (hereinafter referred to as the TOWN) and the PECONIC
LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a
~hrincipal 0~ff~c~ at 296 Hampton Road (P.O. Box 2088), Southampton, New York 11968
ereinafter referred to as PLT)
WHEREAS, the Town is the owner in fee simple of certain real property located
in the Town of So~n[hold, Suffolk County, New York hereJna/ter more fully described in
Schedule A attached hereto and hereinafter referred to as the Property; and
WHEREAS, the Town acquired the Property as part of a joint public/private
conservatign effor~ facilitated by Peconic, and is recognized as, a National Landmark,
and is in the National Register of Historic Places; and
WHE.RI~.~A8, the Town acquired the Property pursuant to Chapter 59 of the Town
Code through iB Open Space Preservation program with Open Space Bond proceeds
and grant f~ds~ ,/rb~ the ~qew York State Office of parks, Recreat]on and Historic
Preservatioh kfibwn as EPF Project '#546059 - Fort Corchaug; and
WHEREAS, the Town has created a Management Committee and a Recreation
Committee to assist the Town in determining an appropriate use and management of the
Property; and
WHEREAS, the Town wishes to receive assistance in the management of basic
restoration, preserve management services, and possible programmatic activities; and
WHEREAS, PLT holds a conservation easement on the Property which allows for
research, education, and public access on the Property; and
WHEREAS, PLT wishes to demonstrate effective land management techniques:
NOW, THEREFORE, and for and in consideration of their mutual covenants, agreements,
and undertakings hereinafter set forth, the Town and PLT agree as follows:
1. The Town hereby agrees to permit PLT to manage and maintain a presence on
the property and its facilities for one year term. In addition, the Town agrees to retain
PLT to perform the follOWing:
a) Provide general assistance for basic preserve management and
implementation of the above mentioned management Plan. Such activities will
include: i) site restoration, including repair and abatement of unsafe conditions;
ii) preserve management and maintenance, including taking steps to secure the
site, proper posting of notices and regular review of site conditions. PLT shall use
its best efforts, within the limits of the approved budget, to assure that the
property is maintained in an attractive condition and is in a good state of repair
~:and shall report to the Town any conditions concerning the property that in the
opin/on of P,,LT, require the attention of the Town; and iii) implement
programmatic activities authorized by the Town Board as well as overseeing
fun~a!s~g and volunteer acttvm, es. The parttes agree that PLT will subnut
ad~onal management and capital budget iequests for the Town Board's review
and appro~ral.
b) Work elose!y wi~ the Fort Corchaug ~Managemegt Committee and
~eat}9~ ~o. ~,lpmi~ee ~o assist ~m ~tk ~e ~ep~on of a M~ment
~ f~the ~6pe~; ~d
c) Act as liaison between community groups and other interested parties and
the Town; and
d) Participate in both the Management and Recreation committees of the
Town of Southotd; and
2. The Town will pay PLT the sum not to exceed $30,000. PLT will bill the
Town monthly based on actual time and expenditures (as per estimated budget
attached).
3. As part of the consideration, PLT agrees to manage the Property as described
above including on site supervision of restoration and implementation efforts.
4. PLT agrees to prepare a year end report detailing the accomplishments of the
year regarding the maintenance and management of the Property, as well as to submit
management proposals for the next year. The report shall be made to the Town Board
on or before the end of the contract year, or as otherwise agreed to by the Parties, The
report shall have the endorsement of the Fort Corchaug Management Committee and
the Recreation Committee prior to submLssion to the Town Board for approval.
5. Title to and full and complete ownership of all improvements, altered,
constructed, and installed, renovated, repaired or rehabilitated upon the Property shall
vest in, become and remain the property of the Town.
6. PLT shall maintain in effect a policy of comprehensive public liability
insurance against claims for personal injury and property damage of at least three million
dollars ($3,000,000.00) per occun-ence, naming the Town as an additional insured.
7. At the termination of this agreement PLT agrees to cease its management
services and give Town all documents, tools, keys and other objects purchased with
town money and used to manage and maintain the site.
8. This agreement can be terminated by either parry with 30 days notice or upon
willful breach by either party. Upon willful breach by PLT of any covenant, agreement
or undertaking contained in this agreement, PLT's fight to manage the Property shall
thereupon terminate and this agreement shall terminate, whereupon PLT shall mm over
to the Town all records concerning management of the Property and Shall vacate the
Property.
9. Notice may be served on either party, at the respective addresses first set forth
above, or at such other address notice of which is given by either party to the other, by
either patay sending to the other party notice m writing by United States certified or
registered mail, postage prepaid.
10. This agreement may not be assigned by PLT without the prior written
consent bf the T0wn~
11. PLT will keep books, accounts, and records that reflect the hours expended,
the nature of the work done, and any costs incurred in connection with the management
and operation of ~ property. The Town shall have the right at any reasonable time to
inspect the books and activities relating to the use and management of the Property by
PLT for,the purpose of determin/ng PLT's compliance with the agreements, and
undertakings contained in this agreement.
12. This agreement shall constitute the complete understanding and agreement
between' theiparlSe~ and supersedes any and all prior oral or written agreements and
understandi~gs and ~e modification, waiver, or amendment of any provision hereof
shall not b~e V~tlid ~ess made in writing and signed by duly authorized representatives
of both pa~es hereto.
13. This agreement is made in and shall be governed by the laws of the State of
New York
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day
and yea~ first written above.
TOWN OF SOUTHOLD
PECONIC LAND TRUST, INCORPORATED
by:
' {.2//t t ) ;5,
Date
Fort Corchaug
Preserve Management Services Budget
F/ours
Budget
PLT Staff:
Timothy Caufield 50 3,750
Peri You.mans 10 400
Joha Hal~ey 5 575
Me]atiie Tebbens 5 300
Marsha Kenny 10 750
Other Support Staff 5 150
PLT Consultants:
Margot Booth 250 11,250
Cb_rig Pickerell 20 900
Andrew J61mson 5 625
Other Expenses:
CA Dra~jng Work
Survey/Site Engineering
printingam
TraveVMileage
Legal
Flora/Fauna Inventory
Insurance
Contingency:
1,500
1,500
1,500
5OO
1,500
3,000
5OO
1,300.00
Total Management Plan Budget
$30,000