HomeMy WebLinkAboutPeconic Land Trust "TOWN COPY"
CONSERVATION PLANNING, ACQUISITION,
AND PROFESSIONAL SERVICES AGREEMENT
WITH THE PECONIC LAND TRUST
THIS AGREEMENT made the 2L9 �_ day of December, 2001,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 19969.
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;
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NOW THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS:
1. The Town of Southold retains the services of Peconic Land Trust to assist the Land
Preservation Coordinator for the following purposes:
a. 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;
b. Assist with the implementation of such strategies consistent with the Community
Preservation Fund Project Plan as directed by the Land Preservation Coordinator;
C. 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.
d. 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;
e. Assist with the preparation of applications for matching funding and related land
preservation assistance as requested by the Land Preservation Coordinator;
f. 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;
g. Provide assistance and professional services related to the town's Stewardship
responsibilities and obligations pursuant to Chapter 59 (Open Space Preservation)
and the CPPP as directed by the Land Preservation Coordinator or other Town
designee. Such services will be initially directed towards the town's Downs Farm
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Preserve/Fort Corchaug property and the Dam Pond properties. Services maybe
expanded to include the Laurel Lake area and the Arshamomaque Wetlands area
as directed by the Land Preservation Coordinator. Services may include,but not
be limited to, preserve management and maintenance, the preparation of Baseline
Documentation Reports for preserves and easements, the preparation and
implementation of Management Statements and management Plans, and the
monitoring and enforcement of the Town Southold's PDR easements/agreements
as directed by the Land Preservation Coordinator;
2. 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.
3. 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.
4. 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).
5. 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.
6. 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.
7. 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 $40,000
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.
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8. 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.
9. The Agreement shall commence as of the 3 s day of December , 2001, and
shall expire on theaIs-4-day
s-day of December, 2002.
10. 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.
11. This Agreement may only be modified in writing and such modification is subject to
approval by the town board pursuant to resolution.
12. 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 SOUTHOL'D PECONIC LAND TRUST
By:•
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