May 10, 2012
The Brooklyn Heights Association (“BHA”), the Fulton Ferry Landing Association (“FFLA”), the New York Landmarks Conservancy, and the Preservation League of New York State (collectively, “Plaintiffs”),1 on the one hand, and the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”), the Brooklyn Bridge Park Development Corporation (“BBPDC”), the Brooklyn Bridge Park Corporation (“BBPC”), (collectively, “Public Entities”), and St. Ann’s Warehouse (“SAW”), on the other hand (collectively, the “Parties”), agree to settle and resolve issues related to two lawsuits, each of which involves certain of the Parties, and to address certain aspects of potential future litigation and claims, on the following terms:
Whereas, Public Entities wish to promote the processes to secure legislative and regulatory approvals necessary to permit adaptive reuse of the Tobacco Warehouse (“TW”), in accordance with the Conditional Designation of SAW, as a theater, community space, and outdoor garden, to be leased to and used in large part by SAW (the “SAW Plan”);
Whereas, Plaintiffs have successfully litigated the public’s right to parkland protections under applicable federal and state law, compliance with which must precede any implementation of the SAW Plan and redevelopment of Empire Stores (“ES”);
Whereas, the Parties wish to expedite action to clear title to the former Empire Fulton Ferry State Park (“EFFSP”), including ES and TW, to ensure the continued unified management of Brooklyn Bridge Park;
Whereas, the Parties wish to expedite action to permit preservation and redevelopment to proceed at ES;
Whereas, BBPC wishes to convert Parcel B, as defined in the Letters Patent and which includes TW and ES, under section 6(f) of the federal Land and Water Conservation Fund, to allow its use for non-outdoor recreational purposes; and
Whereas, the Parties agree that TW should remain open to the public for outdoor recreational purposes until such time, if any, as BBPC, in conjunction with OPRHP, secures the federal approval necessary for BBPC to execute the SAW Plan
Now Therefore, the Parties agree as follows:
1 The organizations that joined as plaintiffs in the federal litigation, Brooklyn Heights Ass’n, et al. v. National Park Service, et al., 11 CV 0226 (ENV), include the BHA, FFLA, the New York Landmarks Conservancy, and the Preservation League of New York State. The organizations that joined as plaintiffs in the state litigation, Brooklyn Heights Ass’n, et al. v. The New York State Office of Parks, Recreation, and Historic Preservation, et al., Index No. 11201/11 (Vaughan, J.), include only the BHA and FFLA.
1. Plaintiffs will support legislation, in substantially the form of the attached bill, that (a) authorizes and validates the transfer of the former EFFSP to BBPDC2 and the subsequent lease of the former EFFSP to BBPC; (b) provides that Parcel A shall be subject to parkland restrictions; (c) provides that the parkland restrictions on Parcel B shall be lifted when the National Park Service (“NPS”) approves conversion of Parcel B under federal conversion requirements, and (d) identifies substitute parkland of equal or greater fair market value than Parcel B (as determined by an independent appraiser in accordance with Uniform Appraisal Standards for Federal Land Acquisition (36 CFR §59.3(b)(2)). During the process for legislative review and vote, Plaintiffs shall be permitted to make any request through elected officials to make such legislation consistent with the terms of this settlement. The Parties agree that the attached draft legislation is consistent with the relevant terms of this settlement, except to the extent that the Plaintiffs take no position at this stage concerning whether the listed properties are sufficient substitute parkland.
2. Within a reasonable time after the legislation described in Paragraph 1 above is approved and signed into law, and until such time, if ever, that TW is restricted or closed for construction purposes after conversion, BBPC will reopen the TW to the public for events and programming appropriate for the space in accordance with BBPC’s existing policies for permitting events within Brooklyn Bridge Park, including considering requests equally from all eligible applicants, and subject to the process described in Paragraph 6 below. When not used for public events, BBPC will continue to allow public access to the TW for passive use, consistent with safety and security requirements.
3. After the legislation is signed into law and the TW is reopened to events as described in Paragraph 2 above, and before BBPC submits an application for conversion of Parcel B, BBPC will consult with the Brooklyn Bridge Park Community Advisory Council (“CAC”) and other interested parties in a public meeting (which may be at a regularly scheduled CAC meeting) concerning the proposed conversion.
4. The parties acknowledge that BBPC, in conjunction with OPRHP, intends to seek NPS approval to convert Parcel B. In connection with the proposed conversion:
A. The Parties agree that BBPC, in conjunction with OPRHP, shall seek conversion of ES in accordance with the modified General Project Plan, which provides for a mix of commercial, retail, and office uses. Plaintiffs shall not oppose any such application for conversion of ES. BBPC, and OPRHP to the extent consistent with OPRHP's statutory authority, agree to use all reasonable means to accelerate the conversion process, and BBPC agrees to expedite any and all steps necessary to maintain and preserve the ES from damage. In that regard, the Parties acknowledge that
2 The Letters Patent, dated July 8, 2010, between the New York State Urban Development Corporation, d/b/a Empire State Development Corporation and the BBPDC, divided Empire Fulton Ferry State Park into two parcels: Parcel A and Parcel B. The Letters Patent provides that “Parcel A shall be improved and maintained for park and recreation purposes. In the event that the premises described in Parcel A are not used for such purposes, the title thereto hereby conveyed shall revert to the People of the State of New York . . . .”
BBPC intends to issue a Request for Proposals for ES after the legislation is signed into law, which will provide, among other things, that any final transaction for redevelopment of ES will be contingent on NPS’s approval of the ES conversion;
The Parties agree that BBPC may seek conversion of TW for the purposes of the SAW Plan. Plaintiffs shall not oppose any such application for conversion of TW;
In the event Plaintiffs believe in good faith that there is an issue concerning the appropriate valuation of Parcel B and/or the substitute parkland, they may, at their own expense, obtain and submit to NPS for its consideration an additional independent valuation. If NPS requires additional or other substitute parkland, Plaintiffs retain the right to advocate before NPS that such additional or other parkland be reasonably accessible from Brooklyn Bridge Park;
The Parties agree on the following principle: NPS should decide the conversion-related issues according to the standards imposed by federal law and regulation, on the merits, without respect to any political considerations, and free from any undue influence from, or lobbying by, any of the Parties;
During the conversion process, BBPC shall hold regular briefings for the CAC, which may be by telephone, no less than every 14 days. BBPC shall report to the public at CAC meetings on the status and progress of the conversion application. Subject to any limitations within FOIL, any correspondence between the Parties, on the one hand, and any federal or state governmental agency, on the other hand, concerning the TW and ES will be placed on BBPC’s website promptly (and maintained thereafter for a period of at least 3 years). The Parties shall either: (a) memorialize a summary of their oral discussions with NPS and place such documents promptly on their website (and maintained thereafter for a period of at least 3 years); or (b) report the substance of their oral discussions with NPS during the regular reports to CAC. BBPC will, at the request of OPRHP or BBPDC, report on behalf of OPRHP and BBPDC, respectively; and
During the conversion process, BBPC, BBPDC, and OPRHP shall not object to NPS agreeing to allow any hearing or comment period to members of the public at large.
5. If NPS approves conversion of TW for the purposes of the SAW Plan, and SAW leases TW, BBPC will ensure that the TW will be available for public use, on a principle of “equal and fair access to all eligible applicants,” consistent with the SAW conditional designation. All public use of the TW will be coordinated with SAW’s requirements and schedule and other events in Brooklyn Bridge Park. BBPC and Plaintiffs agree on the following proposed policies to guide public use of the TW:
Open Air Triangle Garden: The Open Air Triangle Garden will be open to the public for its use and enjoyment when Brooklyn Bridge Park is open. In addition, this space will be permitted by BBPC for private events and small gatherings, consistent with the established permitting polices of the Park.
Community Room: The Community Room is a flexible event space for a variety of different uses including theater, community meetings, gallery or intimate musical performances, and classes for local schools and summer camp groups.
Free Community Use - Free use of this space will be permitted by BBPC at least several mornings per week and two evenings per month to accommodate community uses, as determined by the process described in Paragraph 6 below.
Sliding Scale Rental - The Community Room will be available for rental, on a sliding scale at all other times, as determined by the process described in Paragraph 6 below. The rental schedule to be established will include rates for schools, non-profits and corporate uses. Rental equipment including chairs, tables and AV equipment would be made available for an additional rental fee in coordination with SAW.
Main Stage/Lobby/Lounge: When not in use by SAW, and within the reasonable exercise of SAW’s sole discretion, these spaces will be made available by SAW for larger community events at cost, as well as private rentals at market rates. SAW’s lease will require, as a material term, that SAW shall adhere to the principle of “equal and fair access for all eligible applicants.”
6. BBPC shall create a special committee, the Tobacco Warehouse Public Spaces Programming Committee (“TWPSPC”). The TWPSPC shall consist of the following: a representative of the Brooklyn Bridge Park Conservancy shall serve as Chair; a minimum of four representatives shall be appointed from the four plaintiff organizations; a minimum of one representative shall be appointed from each of the following organizations: the DUMBO community, Community Board 2, the Ingersoll Houses, and the Dodge YMCA. The CAC may appoint such other members as it deems appropriate. A subcommittee duly convened by CAC with such membership shall satisfy this requirement. Whether convened by BBPC or CAC, TWPSPC shall, among other functions as agreed to with BBPC, have an opportunity to review requests for use of the Garden and Community Room and to make recommendations to BBPC before such requests are approved concerning: (a) applications to use TW prior to any conversion, in accordance with Paragraph 2 above; and (b) applications to use the Garden and Community Room at the TW after any conversion and completion of construction. BBPC will maintain the contractual right to make the Garden and Community Room open to other cultural, artistic, or community groups at times not in use by SAW. In this regard, BBPC will also consult with the TWPSPC concerning the public use policies applicable to the Garden and Community Room before finalizing such policies.
TWPSPC and BBPC shall act under rules or principles that allow equal and fair access to groups that apply for use of the facility. Applications for permits for events in Brooklyn Bridge Park are currently submitted electronically at least 21 days in advance of the proposed event. BBPC anticipates that it will arrange for applications for events in the Garden and Community Room to be made available electronically to TWPSPC at or about the time such applications are submitted to BBPC and that the TWPSPC will have a reasonable time period, consistent with the period for submitting applications (which may be modified in the future), to review and make a recommendation on each such application to BBPC. Any recommendation made by TWPSCP on any such application shall be afforded appropriate weight, and shall be duly considered, and if BBPC declines to follow a recommendation of the TWPSPC, it shall explain the basis of such decision upon request from the TWPSPC.
The TWPSPC shall make whatever rules of internal procedure, consistent with the CAC bylaws, that the TWPSPC deems appropriate.
Any sublease with SAW for the TW shall provide that the public, indoor space shall be adequately maintained within TW. TWPSPC shall be consulted in the selection and design of such public space, and, after construction, be given sufficient information to assure the continued availability of such space for the public.
7. If NPS permits conversion of TW for the purposes of the SAW Plan or of ES, a representative of the New York Landmarks Conservancy and/or the Preservation League of New York State, shall have reasonable opportunities to consult with the licensed professional engineer overseeing construction of ES or the SAW plan at TW and inspect the construction site, at the engineer’s sole discretion, upon reasonable terms, and at the requesting Plaintiff’s expense.
8. If NPS approves conversion of TW for the purposes of the SAW Plan, BBPC shall ensure that the design and construction of the SAW Plan is subject to the following historic preservation conditions:
The SAW Plan will be carried out in compliance with the Letter of Resolution for the Brooklyn Bridge Park Project and its subsequent amendments entered into between the Urban Development Corporation, d/b/a Empire State Development Corporation, BBPDC, OPRHP, and the State Office of General Services, which establish procedures for implementing Section 14.09 of the Historic Preservation Law and require that the maintenance and rehabilitation of TW and ES be conducted in a manner that is compatible with and respects their architectural and historic significance;
Consistent with its legal authority under Section 14.09 of the Historic Preservation Act, OPRHP, acting through SHPO, shall be consulted during the SAW project design phase; and
C. Consistent with the Letters of Resolution, SAW shall prepare a Construction Protection Plan (“CPP”) for construction on or in the vicinity of TW in coordination with a licensed professional engineer and OPRHP and obtain OPRHP’s approval of the CPP prior to its implementation. All construction work done at or in the vicinity of TW shall comply with the CPP.
D. Nothing in this agreement shall be construed to limit Plaintiffs from participating fully before NPS in all historic preservation aspects of the conversion process.
9. BBPC, BBPDC, and OPRHP will, during all aspects of the process generally outlined above, keep Plaintiffs and the public on notice of significant milestones, and make decisions in accordance with New York State Open-meetings law. BBPC will, at the request of OPRHP or BBPDC, provide such notice on behalf of OPRHP and BBPDC, respectively.
10. The Parties will announce the terms of this resolution in a mutually agreeable joint press release and shall not make any public statements inconsistent with the press release. OPRHP’s participation in a joint press release will depend on OPRHP obtaining necessary approvals. In the press release, BBPC will publicly acknowledge Plaintiffs’ important civic contributions, which encouraged greater protections for federal and state parkland under applicable law and directly resulted in the expansion of Brooklyn Bridge Park.
11. Immediately after the legislation is signed into law, which the parties agree will make the appeals in the state action unnecessary, BBPC and OPRHP shall withdraw their respective notices of appeal filed in the state action, Brooklyn Heights Ass’n, et al. v. The New York State Office of Parks, Recreation, and Historic Preservation, et al., Index No. 11201/11 (Vaughan, J.).
12. When signed by the Parties, this term sheet shall be the settlement agreement and shall be enforceable. To the extent the Federal court has subject matter jurisdiction, the BBPC and Plaintiffs consent to enforcement by the United States District Court in the Eastern District of New York and further agree to file any action to enforce this settlement as a related case to Brooklyn Heights Ass’n, et al. v. National Park Service, et al., Docket No. 11-CV-226 (ENV) (VVP), under E.D.N.Y Local Rule 50.3.1. By entering into this agreement the State of New York and its agencies including OPRHP do not waive their constitutional immunity from suit in federal court.
THE BROOKLYN HEIGHTS ASSOCIATION
55 Pierrepont Street, #17D Brooklyn, NY 11201
Tel: (718) 858-9193
BY: _________________________ JANE C. MCGROARTY
President
DA TE: _________________________
THE NEW YORK LANDMARKS CONSERVANCY
1 Whitehall Street, #21
New York, NY 10004
Tel: (212) 995-5260
BY: _________________________ PEG BREEN
President
DATE: _________________________
THE NEW YORK STATE OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION
Albany, NY 11238
Tel: (518) 473-5385
BY: _________________________ ANDY BEERS
Executive Deputy Commissioner DATE: _________________________
THE FULTON FERRY LANDING ASSOCIATION
28 Old Fulton Street
Brooklyn, NY 11201
Tel: (917) 282-6244
BY:
DATE:
____________________________ JOAN ZIMMERMAN
President
____________________________ THE PRESERVATION LEAGUE OF NEW YORK STATE
44 Central Avenue
Albany, NY 12206
Tel: (518) 462-5658
BY: ____________________________ DANIEL MACKAY
Director of Public Policy
DATE: ____________________________
THE BROOKLYN BRIDGE PARK CORPORATION
334 Furman Street
Brooklyn, NY 11201
Tel: (718) 222-9939
BY: ____________________________ REGINA MYER
President
DATE: _________________________
May 10, 2012
THE BROOKLYN BRIDGE PARK DEVELOPMENT CORPORATION 633 Third Avenue, 33rd Floor
New York, NY 10017
Tel: (800) 260-7313
BY: _________________________ KENNETH ADAMS
President and CEO
New York State Empire State Development
DATE: _________________________
ERIC T. SCHNEIDERMAN ATTORNEY GENERAL OF
THE STATE OF NEW YORK Attorney for the Office of Parks, Recreation, & Historic Preservation 120 Broadway
New York, NY 10271 (212) 416-8454
BY: _________________________ NORMAN SPIEGEL
Chief Counsel
Environmental Protection Bureau
DATE: _________________________
ST. ANN’S WAREHOUSE
38 Water Street Brooklyn, NY 11217 Tel: (718) 834-8794
BY: ____________________________ JOSEPH STEINBERG
Chairman
DATE: ____________________________
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) sets forth the mutual understandings among Brooklyn Bridge Park Corporation (“BBPC”), The City of New York (the “City”), the State Senator (and any successor in function), 25th District or such successor district (the “State Senator”) that includes the area known, or formerly known, as Empire Fulton Ferry State Park, and the State Assembly Member (and any successor in function), 52nd District or such successor district (the “Assembly Member”) that includes the area known, or formerly known, as Empire Fulton Ferry State Park. Each of BBPC, the City, the State Senator, and the State Assembly Member, are a “Party.”
This MOU is entered into in connection with an act to authorize and validate the alienation of certain parkland known as Empire Fulton Ferry state park in accordance with letters patent dated July 8, 2010 from the office of general services to the Brooklyn Bridge Park Development Corporation and master ground lease agreement dated as of July 29, 2010 for a term of 99 years to the Brooklyn Bridge Park Corporation providing for the use of such land as a part of the Brooklyn Bridge Park Civic and Land Use Improvement Project (the “Legislation”).
The BBPC and City of New York agree:
1. Within a reasonable time after the Legislation is approved and signed into law, and until such time, if ever, that the building referred to as Tobacco Warehouse (TW) is restricted or closed for construction purposes after conversion, BBPC will reopen the TW to the public for events and programming appropriate for the space in accordance with BBPC’s existing policies for permitting events within Brooklyn Bridge Park (BBP), including considering requests equally from all eligible applicants, and subject to the process described below. When not used for public events, BBPC will continue to allow public access to the TW for passive use, consistent with safety and security requirements.
2. After the legislation is signed into law and the TW is reopened to events, and before BBPC submits an application for conversion of the land referred to in the Legislation as Parcel B, BBPC will consult with the Brooklyn Bridge Park Community Advisory Council (“CAC”) and other interested parties in a public meeting (which may be at a regularly scheduled CAC meeting) concerning the proposed conversion.
3. During the conversion process, BBPC shall hold regular briefings for the CAC, which may be by telephone, no less than every 14 days. BBPC shall report to the public at CAC meetings on the status and progress of the conversion application. Subject to any limitations within FOIL, any correspondence between the BBPC, on the one hand, and any federal or state governmental agency, on the other hand, concerning the TW and Empire Stores (ES) will be placed on
BBPC’s website promptly (and maintained thereafter for a period of at least 3 years). BBPC shall either: (a) memorialize a summary of its oral discussions with National Park Service (NPS) and place such documents promptly on its website (and maintained thereafter for a period of at least 3 years); or (b) report the substance of its oral discussions with NPS during the regular reports to CAC.
4. During the conversion process, BBPC shall not object to NPS agreeing to allow any hearing or comment period to members of the public at large.
5. The following proposed policies shall guide public use of TW to the extent applicable:
A. Open Air Triangle Garden: The Open Air Triangle Garden will be open to the public for its use and enjoyment when BBP is open. In addition, this space will be permitted by BBPC for private events and small gatherings, consistent with the established permitting polices of the Park.
B. Community Room: The Community Room is a flexible event space for a variety of different uses including theater, community meetings, gallery or intimate musical performances, and classes for local schools and summer camp groups.
i. Free Community Use - Free use of this space will be permitted by BBPC at least several mornings per week and two evenings per month to accommodate community uses, as
determined by the process described in Paragraph 6 below.
ii. Sliding Scale Rental - The Community Room will be available for rental, on a sliding scale at all other times, as determined by the process described in Paragraph 6 below. The rental schedule to be established will include rates for schools, non- profits and corporate uses. Rental equipment including chairs, tables and AV equipment would be made available for an additional rental fee in coordination with the lessee, which is defined as any
entity granted long term use of TW through a lease agreement.
6. BBPC shall create a special committee, the Tobacco Warehouse Public Spaces Programming Committee (“TWPSPC”). The TWPSPC shall consist of the following: a representative of the Brooklyn Bridge Park Conservancy shall serve as Chair; a minimum of one representative shall be appointed from the following organizations: The Brooklyn Heights Association (“BHA”), the Fulton Ferry Landing Association (“FFLA”), the New York Landmarks Conservancy, and the Preservation League of New York State, the DUMBO Neighborhood Alliance ("DNA"), Community Board 2, the Ingersoll Houses, and the Dodge YMCA. The CAC may appoint such other members as it deems appropriate. A subcommittee duly convened by CAC with such membership shall satisfy this requirement.
Whether convened by BBPC or CAC, TWPSPC shall, among other functions as agreed to with BBPC, have an opportunity to review requests for use of the Garden and Community Room, to the extent applicable, and to make recommendations to BBPC before such requests are approved concerning: (a) applications to use TW prior to any conversion, in accordance with Paragraph 1 above; and (b) applications to use the Garden and Community Room at the TW, to the extent applicable, after any conversion and completion of construction. BBPC will maintain the contractual right to make the Garden and Community Room, to the extent applicable, open to other cultural, artistic, or community groups at times not in use by the lessee. In this regard, BBPC will also consult with the TWPSPC concerning the public use policies applicable to the Garden and Community Room, to the extent applicable, before finalizing such policies.
A. TWPSPC and BBPC shall act under rules or principles that allow equal and fair access to groups that apply for use of the facility. Applications for permits for events in Brooklyn Bridge Park are currently submitted electronically at least 21 days in advance of the proposed event. BBPC anticipates that it will arrange for applications for events in the Garden and Community Room, to the extent applicable, to be made available electronically to TWPSPC at or about the time such applications are submitted to BBPC and that the TWPSPC will have a reasonable time period, consistent with the period for submitting applications (which may be modified in the future), to review and make a recommendation on each such application to BBPC. Any recommendation made by TWPSPC on any such application shall be afforded appropriate weight, and shall be duly considered, and if BBPC declines to follow a recommendation of the TWPSPC, it shall explain the basis of such decision upon request from the TWPSPC.
B. The TWPSPC shall make whatever rules of internal procedure, consistent with the CAC bylaws, that the TWPSPC deems appropriate.
C. Any sublease for the TW shall provide that public, indoor space shall be adequately maintained within TW. TWPSPC shall be consulted in the selection and design of such public space, and, after construction, be given sufficient information to assure the continued availability of such space for the public.
7. If NPS permits conversion of TW or of ES, a representative of the New York Landmarks Conservancy and/or the Preservation League of New York State (“requesting organization”), shall have reasonable opportunities to consult with the lessee’s or developer’s licensed professional engineer overseeing construction of ES or TW and inspect the construction site, at the lessee’s or developer’s engineer’s sole discretion, upon reasonable terms, and at the requesting organization’s expense.
8. If NPS approves conversion of TW, BBPC shall ensure that the design and construction of the plan for re-use of the TW is subject to the following historic preservation conditions:
A. The plan will be carried out in compliance with the Letter of Resolution for the Brooklyn Bridge Park Project and its subsequent amendments entered into between the Urban Development Corporation, d/b/a Empire State Development Corporation, BBPDC, OPRHP, and the State Office of General Services, which establish procedures for implementing Section 14.09 of the Historic Preservation Law and require that the maintenance and rehabilitation of TW and ES be conducted in a manner that is compatible with and respects their architectural and historic significance;
B. Consistent with its legal authority under Section 14.09 of the Historic Preservation Act, OPRHP, acting through a State Historic Preservation Officer, shall be consulted during the project design phase; and
C. Consistent with the Letters of Resolution, the lessee shall prepare a Construction Protection Plan (“CPP”) for construction on or in the vicinity of TW in coordination with a licensed professional engineer and OPRHP and obtain OPRHP’s approval of the CPP prior to its implementation. All construction work done at or in the vicinity of TW shall comply with the CPP .
9. BBPC will, during all aspects of the process generally outlined above, keep the public on notice of significant milestones, and make decisions in accordance with New York State Open-meetings law.
10. BBPC shall create a special committee, the Park Expansion Design and Development Committee (“PEDDC”). The PEDDC shall consist of a minimum of one representative from each of the following organizations: The BHA, FFLA, DNA, Community Board 2, and the Ingersoll Houses. The CAC may appoint such other members as it deems appropriate. A subcommittee duly convened by CAC with such membership shall satisfy this requirement. Whether convened by BBPC or CAC, PEDDC shall, among other functions as agreed to with BBPC, have an opportunity to make recommendations for the use and design of the replacement parkland described in section 6 of the Legislation ("Replacement Parkland"), have a reasonable time period to review and make recommendations on the proposed design plans for part or all of the Replacement Parkland before BBPC commences work based on such design plan(s), and receive reports on the development of the Replacement Parkland. The PEDDC shall make whatever rules of internal procedure, consistent with the CAC bylaws, that the PEDDC deems appropriate.
11. The Replacement Parkland must be made part of Brooklyn Bridge Park and available to the public for park and recreation purposes in accordance with the time required by the National Park Service for the completion of the conversion under the federal land and water conservation fund act. The dates required by the National Park Service for the completion of such conversion and making the Replacement Parkland available for park and recreation purposes shall be incorporated into and become enforceable obligations of this MOU. If NPS requires BBPC to identify additional replacement parkland as a condition of the conversion, BBPC agrees that it shall identify and make such additional parkland available for park and recreation purposes.
12. If BBPC does not timely satisfy any of the public information and participation processes commitments listed below, BBPC shall be provided with a reasonable opportunity to cure such failure. If after such reasonable opportunity to cure, BBPC continues to not satisfy such commitment, the City shall identify city-owned property of no less than 0.6 acres in total size and within a radius of no more than 0.5 miles from the existing boundary of BBP that could be added either to BBP or designated as parkland, and shall implement procedures necessary to transfer such property to the Park and/or designate such property as parkland, as necessary. The City shall have sole discretion as to the property to be identified within the limits pertaining to size and location outlined above.
A. BBPC’scommitmentinParagraph2ofthisMOUtoconvenea public meeting (which may be at a regularly scheduled CAC meeting) concerning the proposed conversion before submitting an application for conversion of Parcel B;
B. BBPC’s commitment in Paragraph 3 of this MOU to hold regular briefings for the CAC during the conversion process, but for the purposes of this paragraph only, such commitment shall be deemed satisfied if BBPC briefs the CAC at the CAC’s regularly scheduled meetings;
C. BBPC’s commitment in Paragraph 6 to create a special committee, the Tobacco Warehouse Public Spaces Programming Committee, which may be a subcommittee of the CAC, for the purposes described in paragraph 6. For the purposes of this paragraph only, such commitment shall be deemed satisfied if BBPC offers in writing membership on the committee to the organizations listed in paragraph 6, and BBPC shall not be responsible for ensuring the participation of any organization listed in paragraph 6; and
D. BBPC’s commitment in Paragraph 10 to create a special committee, the Park Expansion Design and Development Committee, which may be a subcommittee of the CAC, for the purposes described in paragraph 10. For the purposes of this paragraph only, such commitment shall be deemed satisfied if BBPC offers in writing membership on the committee to the organizations listed in paragraph 10, and BBPC shall not
be responsible for ensuring the participation of any organization listed in paragraph 10.
13. The terms and conditions of this MOU constitute the binding obligations of the parties hereto. A breach of any material obligation imposed on the City and BBPC by this Agreement shall presumptively be deemed a default and entitle the State Senator and/or the State Assembly Member to obtain a permanent injunction enforcing the relevant obligations in an appropriate court. Under no circumstances and in no event, however, shall any official signing on behalf of a party hereto or in its capacity as an elected official have any personal liability whatsoever under this MOU.
14. This MOU may be amended in writing, signed by the signatories to this MOU, or their successors-in-function.
15. The Parties agree to work in good faith to carry out the terms of this MOU.
16. This MOU may be signed in counterparts, and each counterpart shall be deemed an original.
17. This MOU shall terminate on the third anniversary of the date required by the National Park Service for the completion of such conversion and making the Replacement Parkland available for park and recreation purposes.
18. All notices and other communications between the Parties shall be dated and in writing and shall be deemed to have been given (a) when delivered, if delivered personally, or (b) on the next business day if sent by nationally- recognized overnight courier. Such notices shall be delivered to the address set forth below, or to such other address as a party shall have furnished to the other party in accordance with this paragraph 14:
Office of the Mayor
City Hall
New York, New York 10007
Att: Deputy Mayor for Economic Development
Brooklyn Bridge Park Corporation 334 Furman Street
Brooklyn, NY 11201
Att: President
State Senator, 25th District 250 Broadway, Suite 2011 New York, New York 10007 Att: Senator
State Assembly Member, 52nd Assembly District
341 Smith Street Brooklyn, New York 11231 Att: Assembly Member
THE CITY OF NEW YORK
City Hall
New York, New York 10007
By: Date: May ROBERT K. STEEL
Deputy Mayor for Economic Development
THE BROOKLYN BRIDGE PARK CORPORATION
334 Furman Street
Brooklyn, NY 11201
By: Date: May REGINA MYER
, 2012
341 Smith Street Brooklyn, New York 11231
By:
JOAN MILLMAN Assembly Member
Date: May - 2012
President
STATE SENATOR, 25TH DISTRICT
250 Broadway, Suite 2011 New York, New York 10007
By:
DANIEL L. SQUADRON Senator
STATE ASSEMBLY MEMBER, 52ND ASSEMBLY DISTRICT
May - 2012
http://www.thebha.org/pdf/FinalMOUNYCBBPCDSJM.pdf
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