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HomeMy WebLinkAboutPeconic Land TrustRESOLUTION 2013-45 ADOPTED DOC ID: 8380 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-45 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 2, 2013: RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of the Peconic Land Trust, Incorporated to perform Conservation Planning, Acquisition, and Professional Services related to the Town's land preservation efforts, and authorizes the Supervisor to sign the agreement between the Peconic Land Trust, Incorporated and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall not exceed fifty-five thousand ($55,000.00) dollars. The contract term shall be from January 1, 2013 to December 31, 2013. Invoices submitted under this contract shall be a legal charge to the 2013 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell CONSERVATION PLANNING, ACQUISITION, AND PROFESSIONAL SERVICES AGREEMENT WITH THE PECONIC LAND TRUST THIS AGREEMENT made the ~q'K day of '-Va ~a~/~ , 201 3, between the TOWN OF SOUTHOLD, a municipal corporation with offices located at 53095 Main Road, P.O. Box 1179, 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, P.O. 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 17, Chapter 70, and Chapter 185 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; and 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 counsel for the Department of Land Preservation 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-five thousand ($55,000) 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 Land Preservation Coordinator and counsel for the Department of Land Preservation, subject to Town Board approval, shall be responsible for obtaining 10. 11. 12. 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, 2013, and shall expire on December 31, 2013. This Agreement may be terminated by either party and for any reason upon thirty (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. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto. TOWN OFSOUTHOLD By: Supervisor PECONIC LAND TRUST, INCORPORATED By: