HomeMy WebLinkAboutPeconic Land Trust (2) 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 $OUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 41 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 1, 2005:
RESOLVED that the Town Board of thc Town of Southold hereby engages the professional
services of the Peconic Land Trust to perform Conservation Planning, Acquisifion~ and
Professional Services related to the Town's land preservation efforts, and authorizes the
Super~'isor 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 fifty thousand ($50,000.00) dollars and the contract term shall be from January l, 2005 to
December 31, 2005.
Elizabeth A. Neville
Southold Town Clerk
CONSERVATION PLANNING, ACQUISITION,
AND PROFESSIONAL SERVICES AGREEMENT
WITH THE PECONIC LAND TRUST
THIS AGREEMENT made the I[ff'~- day ofat,]~O,f¢~,l , 2005, between the
TOWN OF SOUTHOLD, a municipal corporation with offices located at 53095 Main Road,
Southold, Suffolk County, New York, 1197l, 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 11968.
WITNESSETH:
Pursuant to §247 of the General Municipal Law and Article 49 of the Environmental
Conservation Laxv of the State of New York, the Town of Southold, Suffolk County, 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 Southold; and
Whereas, the Town Board wishes to enter into a cooperative agreement with Peconic
Land Trust to assist the Toxvn 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 retains the services of Peconic Land Trust to assist the Land
Preservation Coordinator for the following purposes:
Assist xvith 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 xvith the Community
Preservation Fund Project Plan as directed by the Land Preservation Coordinator;
Provide "Community 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 Community
Preservation Project Plan (hereinafter referred to as "CPPP') and will include but
not be limited to: meetings with prospective sellers of development rights, the
Toxvn 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 Opportunity Plans" for specific conservation projects as
authorized by the Land Preservation Coordinator. Coordinate the implementation
of such conservation projects xvith 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
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of development rights and open space consistent xvith strategies outlined in the
Community Preservation Fund Project Plan.
It is the intent of the Town of Sonthold 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 To~vn 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 Peconic 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 Toxvn xvill 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 out-of-
pocket expenses). It is understood that fees and expenses will not exceed fifty thousand
($50,000) dollars 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 To~vn Board approval,
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.
The Agreement shall commence as of January 1, 2005, and shall expire on December 31,
2005.
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.
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12.
TOWN OF SOUTHOLD
By:
This Agreement may 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 WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto.
PECONIC LAND TRUST, INCORPORATED
By:
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