Title
Dept/Agency: Recreation, Cultural Affairs and Senior Services
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Memorandum of Understanding with The Trust for Public Land
Purpose: To allow access to redevelop, rehabilitate, and improve Broadway Park, Block 729, Lots 21, 24, 26, 75, 77, 79, 80, 81, 83, 84, 107 in order to serve the recreational needs of children and members of the community
Entity Name: The Trust for Public Land
Entity Address: 60 Park Place, Suite 109, Newark, NJ 07102
Project Location: 683 Broadway Avenue, Newark, NJ 07104 (Block 729, Lots 21, 24, 26, 75, 77, 79, 80, 81, 83, 84 and 107)
Reimbursement Amount: Actual cost estimated as N/A
Contract Period: Date of adoption of resolution through December 31, 2026
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( X ) n/a
Additional Information:
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WHEREAS, The Trust for Public Land (“TPL”), a national non-profit organization dedicated to conserving land for recreation and open space purposes and which in prior collaborations with the City of Newark (“City”) has demonstrated its capability in maintaining, operating or improving parks; and
WHEREAS, the City and TPL collaborated to raise funds through the New Jersey Department of Environmental Protection (“NJDEP”) Green Acres Program (“Green Acres Program”), which program provides loans and grants to municipal and county governments, and grants to non-profit organizations for the acquisition and development of lands for outdoor recreation and conservation purposes; and
WHEREAS, pursuant to Resolution 7R11-a, adopted on April 10, 2024, the City (1) accepted a grant award from the Green Acres Program in the amount of Two Million Six Hundred Thousand Dollars and Zero Cents ($2,600,000.00) and an Urban Parks grant of Five Hundred Thousand Dollars and Zero Cents ($500,000.00) from the NJDEP and (2) authorized the Mayor and/or his designee, the Director of the Department of Recreation, Cultural Affairs and Senior Services, to enter into a grant agreement with the NJDEP for the development of Broadway Park (#0714-21-UPG; 0714-21-011) ; and
WHEREAS, N.J.S.A. 40:12-20 et seq., authorizes municipalities to enter into agreements with non-profit organizations to rehabilitate, improve, and maintain municipal parks; and
WHEREAS, N.J.S.A. 40:12-21 defines “improvement” to include the construction, reconstruction, stabilization, repair, rehabilitation, renovation, or restoration of a park or park facility, building, structure, infrastructure, or feature; and
WHEREAS, in order to serve the recreational needs of children and other members of the community, the City and TPL desire to collaborate on the redevelopment, rehabilitation, and improvement of Broadway Park, which park is located at Block 729, Lots 21, 24, 26, 75, 77, 79, 80, 81, 83, 84, and 107 on the City’s tax maps (also known as 683 Broadway Avenue, Newark, New Jersey); and
WHEREAS, as a part of the City-TPL collaboration, the City and TPL desire to enter into a memorandum of understanding (“MOU”) whereby TPL will hire professionals to conduct an environmental assessment; with community input, implement a design process for the Broadway Park improvements; hire professionals to develop plans, specifications and construction documents; assist in the management of the construction process; and continue to collaborate with the City to raise funds for the rehabilitation, redevelopment and improvement of Broadway Park; and
WHEREAS, pursuant to N.J.S.A. 40:12-28(b), the MOU between TPL and the City is not subject to the provisions of Local Public Contracts Law.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Director of the Department of Recreation, Cultural Affairs and Senior Services are hereby authorized to enter into and execute the attached Memorandum of Understanding (“MOU”) with the Trust for Public Land, having an address at 60 Park Place, Suite 109, Newark, NJ 07102, for the redevelopment, rehabilitation, and improvement of Broadway Park. The term of the MOU shall commence on the date of adoption of this authorizing resolution and terminate on December 31, 2026.
2. No substantial or material changes to the MOU may occur without the Municipal Council’s prior approval.
3. A fully executed copy of the MOU authorized by this resolution shall be filed in the Office of the City Clerk by the Department of Recreation, Cultural Affairs and Senior Services.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Director of the Department of Recreation, Cultural Affairs and Senior Services to enter into and execute a Memorandum of Understanding Agreement with The Trust for Public Land, 20 Community Place, 2nd floor, Morristown, NJ 07960 for the rehabilitation, improvement and redevelopment of Broadway Park, 683 Broadway Avenue Newark, NJ 07104, Block 729, Lots 21, 24, 26, 75, 77, 79, 80, 81, 83, 84, 107.