HomeMy WebLinkAboutPeconic Land Trust MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Yonngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
December 19, 2005
Janet P. Schutt
Administrative Associate
Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11969
Re:
2006 Conservation Planning. Acquisition and Professional Services
A~eement with the Peconic Land Trust
Dear Ms. Schutt:
Please be advised that on December 6, 2005, the Southold Town Board
adopted resolution no. 2005'757 engaging the professional services of Peconic Land
Trust relating to the Town's land preservation efforts. I have enclosed this resolution
for your file.
Having been approved by our Town Attorney, the agreement was executed by
Joshua Y. Horton, Southold Town Supervisor, as well as Timothy Caufield, Vice
President of Peconic Land Trust. Enclosed you will find your copies of two duplicate
originally signed agreements dated December 15, 2005, for conservation planning,
acquisition and professional services.
I trust you will find everything to be in order.
/~ery truly yours,
Administrative Assistant
encs.
CC;
Elizabeth A. Neville, Town Clerk w/encs.
Patri¢ia A. Finnegan, Town Attorney w/o encs.
ELIZABETH NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southoldtown.northfork.net
RESOLUTION # 2005-757
Resolution ID: 1335
Meeting: 12/06/05 04:30 PM
Department: Land Preservation
Category: Contracts, Lease & Agreements
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-757 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER
6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby en~ages the professional services of the
Peconic Land Trust to I~erform Conservation Planning, Acquisition, and Professional Services related to
the Town's land preservation efforts, and authorizes and directs the Supervisor to sign the agreement
between the Peconic Land Trust and thc Town of Southold, subject to review o£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 1, 2006 to December 31, 2006.
Elizabeth A. Neville
Southold Town Clerk
CONSERVATION PLANNING, ACQUISITION,
AND PROFESSIONAL SERVICES AGREEMENT
WITH THE PECONIC LAND TRUST
THIS AGREEMENT made the Ig4J~- day of /~ecem/~O/ , 2005~,
between 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, Southampton, New
York 11969.
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 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 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 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 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 Preservation
Coordinator;
Assist with the implementation of such strategies consistent with 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 Town 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 with 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 of development rights 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 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 Town 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 1 f 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 Town will 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 Town 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.
10.
11.
12.
The Agreement shall commence as of January 1, 2006, and shall expire on
December 31, 2006.
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.
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:.
1N WITNESS WHEREOF, this Agreement has been duly executed by the parties
hereto.
TOWN OFSOUTHOLD
PECONIC LAND TRUST,
INCORPORATED
By:
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S:\Feather Hill\Land Preservation~Peconic LT~PLT conVtact 2006~2006 PLT Contract without stewardship.doc