Mohonk Preserve Inc.

“The preserve is a tax exempt organization under section 501(c)(3) of the internal revenue code, is classified as a public charity, and is not subject to income taxes on income received for exempt purposes. No provision for income taxes has been made in the financial statements. The preserve follows statutory requirements for income tax accounting and avoids risks with tax positions that may be challenged upon examination. Management believes liability from taxing authority examination, if any, would not have a material effect on the preserve's financial statements.”

“Investment fees -26,538. Change in value of gift annuity payable -14,816. Fundraising expenses 40,026.”

“Fundraising expenses 40,026.”

“INVESTMENT FEES 26,538.”

“Objectives and guidelines for violation response and enforcement a) maintain the conservation purpose(s) of the conservation easement. B) maintain public confidence in mohonk preserve's ability to enforce easement restrictions generally, and in part as a deterrent to other potential violators. C) protect mohonk preserve's legal rights and economic investment (if any) in the conservation easement. D) maintain the most constructive working relationship possible with the land owner. E) no one person should make decisions on whether a violation has occured or on our response. Staff should never give a landowner an on-the-spot opinion that a violation does, or does not exist. F) once staff has determined, after a careful review, that a violation has occured, the steps outlined below shall be followed. G) maintain professionalism and integrity. H) use litigation as a last resort and only when there is a meritorious legal basis for judicial action. I) maintain consistent responses to similar conservation easement violations. Violation prevention strategies a) maintain good landowner relations. B) staff shall conduct annual monitoring and create a written monitoring report. C) make every effort to keep informed of when properties change hands. D) promptly contact new owners (and work with real estate agents) to ensure that they understand mohonk preserve's mission, the conservation easement for their property, and the concept and purpose of conservation easements in general. E) work to ensure in the drafting of conservation easements, that drafting standards carefully minimize vagueness that could lead to an enforcement question. F) encourage easement landowners annually to ask for a review of a proposed action whether or not it is contemplated under the terms of an easement in order to avoid a potential violation. Steps to take in the event of a possible violation possible easement violations may be discovered in the course of annual monitoring inspections, or as reported by neighbors, new property owners, or other third parties. Steps to be followed by the mohonk preserve staff in the case of a potential violation are as follows: review the easement terms and easement document, baseline inventory, and monitoring reports to determine if an easement violation has occurred, its exact nature, and when it took place. Consult legal counsel for interpretation if necessary. Document the violation. Visit the site to inspect and carefully document the violation. The violation must be described in detail, including location and extent. Photos keyed to a photomap should be taken, signed and dated by the photographer. Quantitative measurements of the violation should be noted as appropriate, e.g. Area of impact, number of trees damaged. Field notes should be signed and dated by the person conducting the inspection. If the landowner does not grant the mohonk preserve staff permission to enter the property, consult with legal counsel on how to proceed. The director of land protection should circulate a memo to inform the director of land stewardship and the president of the status of the violation. Contact the landowner. Meet with the landowner in person if possible to discuss the violation. Listen to the landowner's explanation, ask questions, take notes, and ask them to voluntarily correct the violation, or at least to cease any further work until the matter can be reviewed by mohonk preserve's board. Document all meetings and write a follow-up letter (send certified return receipt requested) to the landowner confirming any agreements made on site about the restoration of the property and compliance dates. If the landowner agrees to restore and/or remediate the property: if the landowner agrees to restore and/or remediate the property, staff should send a follow up letter as soon as possible reflecting the nature and extent of the restoration work and the agreed-upon timetable for completion. The site should be revisited on the deadline date, an”

“The organization may recognize revenue from conservation easement transactions. On september 17, 2017 mohonk preserve (mp) adopted its updated conservation easement stewardship gifts policy and designated the william r. Ginsberg land protection fund (gf) to hold donated funds restricted or designated for the cost of preparing, acquiring, monitoring and enforcing conservation easements. The gf will hold funds as endowment providing annual draws for the regular costs of managing and monitoring easements; and it will hold accumulated funds that can be used to cover the costs associated with enforcing an easement if and when needed. The minimum amount of a contribution accompanying the granting or transfer of an easement to mp is $5,000 to fund the gf. Mp will advise donors to permanently restrict $3,500 or 70% of their contribution to the endowment portion of the gf to support annual costs and to temporarily restrict $1,500 or 30% of their donation to the gf available to support enforcement of mp easements. Donors will be advised that the gf is a collective fund where annual draws and enforcement draws support mp's entirety of easements, not just their specific easement. The required contribution can be increased at the discretion of the land protection committee. The complexity of the conservation easement, potential problem restrictions, and the ease or difficulty to monitor the property will be taken into account in determining the conservation easement required contribution. Expenses for conservation easements are part of program expenses reported in the organization's revenue and expense statement. Any costs of acquiring a conservation easement are included on the balance sheet as an asset.”