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HomeMy WebLinkAboutThe Nature Conservancy EI~IF~B~..'i'n A. NEVII TOWN C~ ~GIST~ OF ~T~ STATISTICS ~GE OFFIC~ ~CO~S ~AGE~ OF ~O~ON oFFIcER Town Ha/i, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631~ 765-6145 Telephone (631) 765-1800 southold~ow~no~hfork.net OFFICE OF THE. TOWN CLERK TOWN OF SOUTHOLD NO~ 252 OF 200~. FOWN BOARI) ON MARCH 23, 2004: RESOLVED that the Town Board of the Town of Southold hereby eneaees the orofessional serviees, of The Nature Conservanc~ to perform Conservation Planning, Acquisition, and Professlona[ Services related to the Town's land preservation efforts within the Pipes Cove area, aa~d authorizes a~d directs the Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold, subject to review of the contract language by thc Towa Attorney. Compc~ation shall be by hourly rate schedule as follows: Conservation Fimmce and Policy Advisor Conservation Program Coordinator GIS Manager $49.97/hour $41 85/hour $45 13/hour and shall not exceed $15,000 for the contract term January 1, 2004 - December 31, 2004. Elizabeth A. Neville Southold Town Clerk 1WE. LISSA 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 16. 2004 Ms. Kerri Pogne Conservation Program Coordinator The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 Re: Agreement between The Nature Conservancy and Town of Southold Dear Kerri: Enclosed please fred your copy.of the fnll~ executed agreement dated April 15, 2004, signed by Paul Rabinovitch, Executive Director of the Long Island Chapter of The Nature Conservancy and Joshua Y. Horton, Southold Town Supervisor. This agreement shall commence as of January 1, 2004, and shall expire on December 31.2004, unless renewed as per the terms of the agreement set forth therein. Thank you for your assistance m this matter. ~.Very truly yours, Melanie Administrative Assistant eric. cc: Elizabeth A. Neville,Town Clerk w/agreement (original signatures) CONSERVATION PLANNING, ACQUISITION, AND PROFESSIONAL SERVICES AGREEMENT WITH THE NATURE,CONSERVANCY the TOWN OF SOUTHOLD, a municipal corporation with offices lo~ated at 53095 Main i~oad, Southold, Suffolk County, New York, 11971-0959, hereinafter referred to as the "Town," and The Nature COnservancy, a non-profit corporation organized and existing under the laws of the District of Columbia, with a principal place of business at 4245 North Faiffax Drive, Suite !D0, Arlington, Virginia;. 22203-I606. WITNESSETH: Pursuant m §247 of the General Municipal Law of the State of New York, the Town of Southold, located in 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 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 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 ~wilI be within the Pipes Cove area. The Pipes Cove Area, for purposes of this contract, is defined as all properties south of Main Road (Slate 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 Conservanc~ and Whereas, The Nature 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 Imemal 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 Conscuwancy to work at ~the Direction of the Land Pt:ese~vation Coordinator for the following purposes: Tc~ work cooperatively with the Land Preservation Coordinator and the land preservation committee to identify and protect the most important sites within the Pipes Cove Area. Any work 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 in determining the necessity of obtaining apy reports or appraisals, and in acquiring such repons and apprmsal. 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 cgntract or closing purposes. To negotiate directly with the landowners of properties identified for acquisition of fee or lesser property /ntemsts for the purposes of the preservation of the properties; as. directed by the Land Preservation Coordinator. In such negotiations, The. i Nature Conservancy may employ a range of protection techniques~ including: fee acrtms~tion, bargmn sales, easements, land swaps, limited dev~lopment,~ etc., all as calculated to best protect the identified lands at thb least cost to de Town. Where acquisition ~s revolved, The Nature Conservancy wall negottate to acqunce 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 Preservafit)n Coordinator and the ~o~ Board, All acquisifioi~s are subject to. a final approval from the To,wu 'Board. o It is the intent of the Town of Southold ~o 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 governmentalI or non-profit antities 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 arrangemems, including any compensation arrangement, will be disclosed to all involved parties, on a case-by-case basis. The Nature Conservancy shall conduct all activities subject to the approval of the Land Preservation Coordinator. As compensation for such services, the Town will pay The Nature Conservancy at an hourly rate, not to exceed $15,000 roi: the contract term. billed quarterly, according tn the following rate schedule: Conservation Finance and Pohcy A~visor Conservation Program Coordinator GIS Manager $49.97/hour $41.85/hour $45.13/hour 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, appraisals, and legal consultation fees, provided prior approval is received from the Laud Preservation Coordinator for such expenses. Such other expenses, as well as the four (4) quarterly payments due under tiffs Agreement, shall be submitted for Land IPreservation Coordinator and Town Board approval by appropriate Town voucher, utilizing generally accepted accounting and audit principles. The Agreement shall commence as of J .an.~ary 1, 2004, and shall expire on the December 31, 2004, unless renewed for additional one (1) year period(s) upon the mutual written consent of both parties. This Agreement shall be effective upon signing, unless sooner terminated pursuant to Section 8 of this Agreement. This Agreement may be terminated by either party upon written notice for auy reason upon 30 days written not~ce to the other party. Should the Town tenmnate this agreement, the Conservancy shall be paid for work performed under this agreement up to the date oft6rmination on apro-rated basis. This Agreement may be modified only in writing aud upon approval by the Town Board pursuant to a duly adopted resolution~ 10. 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 ,~)HU.A Y."~OR~ON ~/ Supervisor THE NATURE CONSEKVANC~ Executive Director SAFeather_Hill\Land Preservafion\TNC\TNC contract 2004\TNC contract 2004FINAL.doc