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HomeMy WebLinkAboutCommunity Housing - Greenport - Inter-municipal agreement ,- , INTER-MUNICIPAL AGREEMENT This Inter-municipal Agreement(hereinafter"Agreement")is between the TOWN OF SOUTHOLD,a municipal corporation,located at 53095 Route 25,Southold, NY(hereinafter"Town")and the VILLAGE OF GREENPORT,an incorporated village located at 236 Third Street,Greenport, NY 11944 (hereinafter"Village"). VV|TNESSETH: WHEREAS,"AN ACT to amend the Town law and tax law in relation to authorizing Towns in the Peconic Bay Region to establish community housing funds to be funded by a supplemental real estate transfer tax"has been adopted by the New York State Legislature and signed by the Governor of the State of New York(hereinafter"Community Housing Fund^);and WHEREAS,the State law provides, inter aUa'that the Town nf Southold may establish aCommunity Housing Fund pursuant to the provisions of Town Law 64-k and Tax Law§1449-bb et. seq.utilizing revenues generated from the imposition of a transfer tax imposed upon the sale or transfer of parcels of property located in the Town of Southold,including real property within the Incorporated Village of Greenport and adopt a Community Housing Plan'to establish an implemented plan for the provision of community housing opportunities by the Fund,including opportunities that are located within the boundaries of the incorporated Village ufGreenport;and WHEREAS,the Town of Southold has adopted local laws pursuant to the State Law which provide for the establishment ofa Community Housing Fund([HF)and impose a half percent<X%>real estate tax on the conveyance of real property located in the Town of Southold which was subject to the approval of the voters of the Town of Southold of a proposition that was submitted in a mandatory referendum that was held on November O.20Z2;and WHEREAS,on Nnvecnbe,D. 2O22'the voters uf the Town of Southold passed the local referendum that enabled the establishment ufa half percent(B%)real estate tax to fund the Community Housing Fund; and WHEREAS,on October 10,2023,the Town Board of the Town of Southold adopted a Town of Southold Community Housing Plan as an addendum of the Town's Comprehensive Plan;and ` . WHEREAS,on June 10,2025,pursuant to Town Board Resolution 2025-481 the Town of Southold adopted an addendum to the Community Housing Plan entitled the"Implementation Plan and Subsidy Framework"that outlines procedures for housing programs and provides funding subsidies,via an established framework, including programs that are available to the Incorporated Village of Greenport; and WHEREAS,the participation of any Village in the production of community housing shall be at the option of the Village subject to the adoption of a resolution opting into the Community Housing Plan program and shall submit said resolution to the Town Board;and WHEREAS,Village Resolution No.06-2025-33 authorized the Village of Greenport to participate in the Town of Southold Community Housing Fund program;and WHEREAS,pursuant to the New York State General Municipal Law,§119-o,the Village of Greenport and the Town are authorized to enter into cooperative agreements for the performance of their respective functions,powers and duties or for the provision of services;and WHEREAS,Village Resolution No.06-2025-33 authorizes the Village to enter into an Inter-municipal Agreement with the Town of Southold for the purposes of the production of community housing pursuant to the Peconic Bay Region Community Housing Act;and WHEREAS,Town Board Resolution No.2025-538 authorizes the Town Board to enter into an Inter- municipal Agreement with the Village for the purposes of the production of community housing pursuant to the Peconic Bay Region Community Housing Act that are available to the incorporated Village, NOW THEREFORE,in consideration of the mutual covenants,promises and agreements hereinafter set forth,the parties hereto do covenant and agree with each other as follows: 1. The term of this Agreement shall commence upon execution for a term of five(5)years with an option to renew and extend its term for successive one(1)year periods thereafter upon agreement of the parties and upon thirty(30)days written notice by either party delivered as follows: For the Town: For the Village: Town Attorney Village Attorney Town of Southold Village of Greenport 53095 Route 25 236 Third Street Southold, NY 11971 Greenport, NY 11944 2. One member of the CHF Advisory Board created by the Town of Southold pursuant to Town Code§17-51,known as the Town of Southold Community Housing Advisory Board(CHAB)shall be a,resident of the Village of Greenport and shall be appointed pursuant to a resolution of the Town Board of the Town of Southold. 3. Upon application to the Village of Greenport,the Village shall have their own Zoning, Planning, Building,and other applicable Village departments review such application. The Village will then timely submit those proposals and applications to the Advisory Board as well as the Town Board of the Town of Southold via the Town Clerk. The Advisory Board will analyze each proposal submitted by the Village of Greenport in connection with the goals of the Town's Housing Plan. 4. The Advisory Board will assess the Village's potential project and'make recommendations for it to be initiated and/or approved by the Town Board based upon the goals set forth in the Town's Housing Plan. Upon request from the Advisory Board,the Village shall timely comply with providing additional information,in order for the Advisory Board to make sound recommendations. 5. The Village,to the extent permitted by law,shall indemnify and hold harmless the Town of Southold including its officials,officers,employees or agents thereof from all damages,losses, expenses,and liabilities of any kind whatsoever,including legal fees resulting from all claims, demands,judgments,Article 78 proceedings or other litigation(hereinafter collectively "Claims")arising in any way out of the functions and services provided under this Agreement. The indemnities hereunder shall include but not be limited to any claims for injuries or death to persons or damage to property excepting those arising from the grossly negligent ads, omissions or intentional wrongdoing of the Trustees,its officials,officers,employees or agents. The Village agrees to provide the Town with adequate and reasonable notice of any claim or of any occurrence or omission reasonably likely to result in any Claims. 6. This Agreement may be amended at any time by further written and executed agreement of the Town and Village including resolutions of approval. IN CONSIDERATION of all of the above and of the foregoing mutual covenants and agreements, the Town Board of the Town of Southold and the Board of Trustees of the Village of Greenport by the signature of their authorized representative below hereby approve this Inter-municipal Agreement in its entirety making it effective as of the day of 2025. Village f ree ort BY: v Kevin tuessi, or Town of Sou BY:4&��i Albert J.Krupski,Jr.,Supervisor STATE OF NEW YORK ) ) Ss: COUNTY OF SUFFOLK) ST ' On theZ�day of K`1 ,2025, before me personally appeared Ke-Vin%hg s it to me known, who being duly sworn,did depose and say that(s)he is the Mayor of the Village of Greenport,the municipality described in and which executed the foregoing instrument;that(s)he knows the seal of said municipality;that the seal affixed to said instrument is such municipal seal;that it was affixed by virtue of a resolution of the Trustees of the Village of Greenport;and that(s)he signed his/her name thereto by virtue of said resolution. N tANMARIE ODDON arykN STATE OF NEW YORK ) Notary Public,State of New York No.01OD6251238 Ss: Qualified In Suffolk County gottlttllgfiian Expire®November 14,20 7 COUNTY SUFFOLK ) cc On the t�l. day of boUj_,2025, before me personally appeared Albert J. Krupski,Jr.,to me known,who being duly sworn, did depose and say that(s)he is the Supervisor of the Town of Southold the municipal corporation described in and which executed the foregoing instrument;that(s)he knows the seal of said Town;that the seal affixed to said instrument is such Town seal;that it was affixed by virtue of a resolution of the Town Board of the Town of Southold; and that(s)he signed his/her name thereto by virtue of said resolution. No1ry Publicn �► LAUREN M.STANDISH NOTARY PUBLIC,STATE OF NEW YORK Registration No.01ST6164006 Qualified in Suffolk County pp�� Commission Expires April 9,80.d.i.