MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF NEWARK, a 24 CFR Part 58 Community
AND THE
NEW JERSEY HISTORIC PRESERVATION OFFICER
REGARDING TEACHERS VILLAGE, NEWARK, NJ
WHEREAS, the City of Newark, a 24 CFR part 58 community, has awarded to the CHEN School, Inc. Community Development Block Grant (CDBG) funds for the construction of a new day care facility to be located at 24 Maiden Lane, within the Teachers Village at Four Corners project (hereinafter referred to as Teachers Village). As outlined in the September 10, 2011 Application for Project Authorization for the Teachers Village project, the project is described as a mixed-use development which will encompass seven new buildings and the reuse of the existing Calumet Building structure, at 19 William Street. The project will provide approximately 205 residential units for workforce housing, charter schools and a variety of retail spaces at street level. The project includes sustainable design, new landscaping and streetscape improvements; and
WHEREAS, the City of Newark has established the undertaking's area of potential effect (APE) as defined at 36 CFR 800.16(d) to be the southwest quadrant of the Four Corners Historic District, which is listed on both the New Jersey and National Registers of Historic Places. The general boundaries of the project area include Branford Place on the north, Treat Place on the east, Hill Street on the south, and Washington Street on the west. A substantial portion of this area is covered with surface parking lots. Except for 19 William Street, all of the new buildings will touch on Halsey Street. Six contributing buildings (23, 25, 27, 31, 33 and 39 William Street) and two non-contributing buildings, (21 and 46 Williams Street) will be demolished to enable this project. The skeletal frame of 19 Williams Street, the Calumet Building, will be reused. Seven new buildings will be constructed in this same area within the Four Corners Historic District.
WHEREAS the City of Newark has determined that the undertaking will have an adverse effect on the Four Corners Historic District which is listed in the New Jersey and the National Register of Historic Places, and has consulted with the New Jersey State Historic Preservation Office pursuant to 36 C.F.R. Part 800; and
WHEREAS, the City of Newark has consulted with the Newark Landmarks and Historic Preservation Commission in accordance with Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. § 470f, and its implementing regulations, 36 Teachers Village at Four Corners MOA between City of Newark, 24 CFR Part 58 community, and the NJSHPO 1 of 6 C.F.R. Part 800.6(b) (1) to resolve the adverse effects of the undertaking on historic properties: and
WM:RN:AS, due to the review responsibilities under the New Jersey Register of Historic. Hams Ad, the City of Newark presented the Teachers Village project at the October 21, 2010 public Ristnric Sites Council Meeting, where the ptoject was approved with conditions listed as stipulations below: and
WHERHAS, in accordance with 36 C.F.R. § 500.6(a) (I), the City of Newark has notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination pmvidinethe specified documentation, and the ACI IP has chosen not to participate in the consultation pursuant to 36 C.F.R. § X00.6(a) (1) (iii);
WHUREAS, pursuant to 36 CFR X00.6 (u) (21 the City orheveark has invited the Newark Landmarks and Historic Preservation Commission to concur in this MOA; and
WI IEREAS, the City of Newark intends to use provisions or this MOA to arkkess applicable requirements of Suction lit) (b) and 1 1 I of the National Historic Preservation Act; and
NOW, THEREFORE, the City of Newark and the SHPO agree that the undertaking shall be implemented in siceordauce with the Mowing stipulations in order 10 take into account the effect of the undataking on historic properties.
STIPULATIONS
The City or Newark shall ensure that the Bellowing measures are carried out:
1. As approved by the Newark 1.andtnarks and Historic T'rescrvation Commission, the developer shall make available $50,000 towards facade improvements to the following buildings: 36.38 William Street (AKA 'Sahara" and "Africa Hall"); 32-3R Bran lord Place (akallobbies'); 26-30 Brauthrs1 Place (aka Adorns Theater); 28 William Street (aka 'k's"). If the above owners refuse to participate in facade: improvements. then Ilw developer and the City of Newark staff will agree upon alternate buildings in the designated project NCH.
2. Finals plans for new constmction, landscape and urban context design as well as signage shall he submitted to the El PO for review and approval.
3. The dovelom...r shall fund and organize a workshop focusing on the Federal Historic Rehabilitation 'lax Credit pmgrun in order to continue the success &the adaptive reuse of the existing historic buildings within the city. The workshop shall he offered to the residents and business owners in the Four Comers Ilistoric Histrid and the surrounding City of Newark.
4. Given the predominantly educational focus for this redevelopment, the developer
Teachers Village al Four Comers MOA between City of Newark, 24 CFR Part 5 community, and the NISHP0 2 or6 shall develop an instructive photo documentation or visual narrative regarding the Four Corners Historic District, its rise, decline and renewal and designate location and method for its permanent installation. The developer shall solicit input from the City of Newark Landmarks and Historic Preservation Commission, the New Jersey Historical Society in Newark, the Newark Preservation and Landmark Committee, Ulana Zakalak, and other appropriately knowledgeable persons, during the preparation of the documentation.
5. Demolition shall be done on a building by building basis, in which the applicant shall not demolish any existing buildings until they have demonstrated commitments for the financing for the new building proposed in the location of the existing building to be demolished. All demolitions plans have to go through review of the Newark Landmarks and Historic Preservation Commission Design Review Committee. The applicant cannot put surface parking on the vacant lots.
IV. DURATION
This MOA will be null and void if its stipulations are not carried out within two (2) years from the date of its execution. At such time, and prior to work continuing on the undertaking, The City of Newark shall either (a) execute a MOA pursuant to 36 C.F.R. § 800.6, or (b) request, take into account, and respond to the comments of the ACHP under 36 C.F.R. § 800.7. Prior to such time, City of Newark may consult with the other signatories to reconsider the terms of the MOA and amend it in accordance with Stipulation VIII below. The City of Newark shall notify the signatories as to the course of action it will pursue.
V. POST-REVIEW DISCOVERIES
If potential historic properties are discovered or unanticipated effects on historic properties found, the City of Newark shall immediately contact the SHPO and the City of Newark Landmarks and Historic Preservation Commission.
VI. MONITORING AND REPORTING
Each year following the execution of this MOA until it expires or is terminated, the City of Newark shall provide all parties to this MOA, a summary report detailing work carried out pursuant to its terms. Such report shall include any scheduling changes proposed, any problems encountered, and any disputes and objections received in the City of Newark's efforts to carry out the terms of this MOA.
VII. DISPUTE RESOLUTION
Should any signatory to this MOA object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, the City of Newark shall consult with such party to resolve the objection. If the City of Newark determines that such objection cannot be resolved, the City of Newark will: Teachers Village at Four Corners MOA between City of Newark, 24 CFR Part 58 community, and the NJSHPO 3 of 6 A. Forward all documentation relevant to the dispute, including the City of Newark's proposed resolution, to the ACHP. The ACHP shall provide the City of Newark with its advice on the resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the City of Newark shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories and concurring parties, and provide them with a copy of this written response. The City of Newark will then proceed according to its final decision.
B. If the ACHP does not provide its advice regarding the dispute within the thirty (30) day time period, the City of Newark may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, the City of Newark shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to the MOA, and provide them and the ACHP with a copy of such written response.
C. The City of Newark's responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged.
VIII. AMENDMENTS
This MOA may be amended when such an amendment is agreed to in writing by all signatories. The amendment will be effective on the date a copy signed by all of the signatories are filed with the ACHP.
IX. TERMINATION
If any signatory to this MOA determines that its terms will not or cannot be carried out, that party shall immediately consult with the other parties to attempt to develop an amendment per Stipulation VIII, above. If within thirty (30) days an amendment cannot be reached, any signatory may terminate the MOA upon written notification to the other signatories, otherwise this agreement shall terminate upon completion of the measures enumerated under the paragraph entitled "Stipulations" hereof
Once the MOA is terminated, and prior to work continuing on the undertaking, the City of Newark must either (a) execute an MOA pursuant to 36 CFR § 800.6, or (b) request, take into account, and respond to the comments of the ACHP under 36 CFR § 800.7. the City of Newark shall notify the signatories as to the course of action it will pursue.
EXECUTION of this MOA by the City of Newark and SHPO and implementation of its terms evidence that the City of Newark has taken into account the effects of this undertaking on historic properties and afforded the ACHP an opportunity to comment.
Teachers Village at Four Corners MOA between City of Newark, 24 CFR Part 58 community, and the NJSHPO 4 of 6 SIGNATORIES:
City of Newark
Adam Zipkin, Acting Director, Department of Economic and Housing Development, Date ii (01.8//i
New Jersey State Historic Preservation Office
..,------Y ,- ____.,-,-4 i -2- / 14/ Daniel D. Saunders, Deputy State Historic Preservation Office, Date
RBH-TR 'iIv •f . . oldings, LLC, Developer
Ron 11; it, President, Date ( o (.) c /, i
Concurring Parties:
Newark Landmarks and Historic Preservation Commission
0101 (12—afi ( David Abramson, Chairman, Date
Teachers Village at Four Corners MOA between City of Newark, 24 CFR Part 58 community, and the NJSHPO 5 of 6