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Home My WebLink AboutPeconic Land Trust '~,,T ,T ~,.BE'I'H ~ TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS 1VIANAGEMEIqT OFFICER FREEDOM OF IlqFORMATION OFFICER Town Hall~ 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fox (63I) 765-6145 Telephone (631) 765-1800 southoldtowmnor thfork.ne~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ON MARCH 23, 2004: RESOLVED that the TowaBoard of the Town of Southold hereby engages the professional services of~he Peconic Land Trust to perform Conservation Planning, Acqnisition~ and Professional'Services related to the Town's land preservation efforts, and authorizes the Supervisor to sign the:agreement between the Peeonie Land Trust and the Town of $outhold, subj eot to reviewl;of the contract language by the Town Attomey. Compensation shall not exceed $50,000, and th~contract term shall be from January 1, 2004 - December 31, 2004. Elizabeth A. Neville Southold Town Clerk MELISSA A. SPIRO LAND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD April 7. 2004 Janet P. Schutt Adm/nistrative Assoctate Peconic Land Trust 296 Hampton Road P.O. Box 1776 Sot~tham~on, NY 11968 Re.' Conservation & Stewardship Agreements between Town of Southold and Peconic Land Trust, Incorporated Dear Janet: Enclosed please find your copies qf the following fully executed agreements signed by Timothy Caufield, Vice President of Peconic Land Trust, Incorporated and Joshua Y. Horto~ Southold Town Supervisor: · Conservation Planning, Acquisition, and Professional Services Agreement dated April 6, 2004 · Stewardship Agreement dated January 1, 2004 Thank you for your assistance in this matter. .Very truly yours, Melanie D ~flei Administrative Assistant encs. cci Elizabeth A. Neville, Town Clerk w/agreements (original signatures) Jim McMahon, Community Development Director w/Stewardship Agmt (copy) CONSERVATION PLANNING, ACQUISITION, AND PROFESSIONAL SERVICES AGREEMENT WITH THE PECONIC LAND TRUST THIS!AGREEMENT made the ~4-~_ day of . .~. r~,'l ,2004, between the TOTM OF SOUTHOLD, ia municipal corporation with of~s located at 53095,,Main ,?ad, Southold, Suffolk County': New York, 11971, hereinafter referred to as the Town,[ and PECONIC LAND TRtJS~j~ INCORPORATED, a non-profit corporation organized and e~isting 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 11968. WlTNESSETH: 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 ~o 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 Town of Southold, the Town Board is authorize~ to acquire the development rights to agricultural lands and fee interest to open space and other lands; and Pursuant to the Co.mmunity Preservation Project Plan for the Town of Southold, the Town Board is authorized lo acquire, 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 cooperattve' agreement w~th' Pecouic Land Trust to asmst the Tow~ m ~dentifying 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 'pubhc chadt~' 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 Southotd retains the services of Peconic Land Trust m assist the Land Preservation Coordinator for the following purposes: Assist -Mth 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; b. Assist with th~ implementation of such strategies consistent with the Com~ unity Preser~ation:F*und Project Plan as directed by the Land Preservation Coordinator; Provide "CommuniW Outreach" and "Community Education" services on behalf of the Town of Southotd as directed by the Land Preservation Coordinator, ~hich are designed to identify potential sellers of development rights and to eflucate same, as to the range of public and private options available. Such serv/ce~ shall be consasten_tI w~th the goals and strategies outlined m the Co~n~umty Preservation Project Plan (hm'einafter referred to as "CPPP'). and will inch de but not be lhrdted] to: meetings with prospective sellers of development rigl Town Board, the Land Preservation Coordinator, Planning Department ma the Land Preservation Committee. In addition, the PLT may provide Conn education se~ces and mater/als on behalf of the Town~ as directed by th~ Preservation Goordinator, wl~ch are designed to inform the general publ community o~ganizations, o~' the goals, process and accomplishments Town"s Land Preservation Programs. iS, the Z and ~unity Land !c and if the do Prepare "Conservation Opportuuity Plans" for specific conservation proj~ts as authorized by the Land Preservation Coordinator. Coordinate the implementation of such cohservation projects with landowners, the Town Board. the Land Preservation Coordinator, Planning Deparunent staff, and the Town's Land Preservationd Committee; e. Assist with the preparation of applications for matching funding and related land preservation a~istance as requested by the Land Preservation Coordinator; Assist with the negotiations and agreements with property owners for the ~ale of development rights and fee title as directed by the Land Preservation Coordfimtor. In no event however, will Peconic Land Trust negotiate pr/ce on behalf of the Town and Landowner in the same transaction; Peconic Land Trust shall work cooperatively with the Land Preservation Coordinat~Sr and the Land Preservanor~Comm~ttee, to ~dentffy and protect the most tmportant s~tesi It as understood that the Trust's primary role is that of facilitator/mediator between the Town, other governmental and ~lon-govemmental agencies, and landowners for the acquisition o o t0. of development rights and open space consistent with strategies outlined in the Community Preservation Fund Project Plan. tt is the intent of ~e Town of Southold to coordinate and leverage fimding for the acrlnisitiun of development rights or fee interest wherever poss~le. Such effortk will reqttire the Trust to coordinate with the State of New York, the County of Suffolk, and other government .al~or non-profit entities engaged in land preservation in the Town of Southold as dkected~by the Land Preservation Coordinator. R i~ understood ~ Pe,conic Land Trust may also be wo ~rCd. 'rig on behalf of landowners, or other goycrnme~rti~ ~ non-govea-mnen'ta~ entities a_n~ snc~!t ~arrangements, including, any compen~a~on ~e~aent, will be diSClosed to all imroIved ~, un a case-b~-case basis(see ~so parag~h 1 fabovO. Prior to the comm~qc .ement of negotiations, the Town will identify and priqritize acquisition parcels.[ '~The Land Preservation Coordinator anti'Land Presergation C~mmittee sh'~.~ deI~r~nine the necessity of obtaining any outside reports or appraisals, anO determine othert~agquisifion costs related to each project Peconic Lanc[ Trust will be mwalved m. The Towra Board w~ll make the fmal determ~natao~regardmg acqms~tton. Peconic Land Trust §hall conduct all activities subject to the approval of the :Land Preservatiun Coord~tor. For the purposes of thi~ Agreement, negotiations ma any particular parcel shalt Ibc complete once the Town of Southold and the landownerl have entered mto a formal ~,greement prepared by the Town Attorney s Office or other formal agreement to preserve ~he parcel. As compensation fo[ s!ach services, the Town will pay Peconic Land Trust a fee based on Peconic Land Trus~?s actual time and project expenses (including consultant se~ces related to authorizer} ~rojects, mileage, postage, telephone and other relevant oat-of- pocket expenses). It is understood that fees and expenses will not exceed fifty thousand ($50,000) dollars wifllout farther authorization from the Town Board. Pecoma ,Land Trust shatt supply In~brmation regarding services they have performed as may be requested by the town.' The Town Attorney an[t Land Preservation Coordinator, subject to Town Board apli[oval, 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. The Agreement shall commence as of January 1, 2004, and shall expire on December 31, 2004. ]?his Agreement maybe terminated by either party and for any reason upon 30, days written notice to the other party. In that event, Peconic Land Tmst shall be compensated for the value ofservice~ and expenses incurred. 11. 12. This Agreement ma~only be modified in writing 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 WtTNF~S WHEREOF, this Agreement has been duly executed bythe parties hereto. TOWN OF SOUTHOLD PECONIC LAND TRUST, INCORPORATED By: By: JoshuaY. Hort~J~~~ ~,e~ ~.'~ Supermsor / S:q~eather Hill\Land Preservation 2econi¢ LT~PLT contract 2004~PLT contract 2004 wSthout stewardship.dac