Title
Dept/ Agency: Economic & Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Site Access Agreement
Purpose: NJDEP intends to undertake construction of Phase 1 of the Greenway Project, in connection with same it is necessary for NJDEP to acquire temporary legal access to the portions of City property abutting and/or crossing the Greenway property
Entity Name: New Jersey Department of Environmental Protection (NJDEP)
Entity Address: 401 E. State Street, P.O. Box 420, Mail Code 401-07, Trenton, NJ 08625-0420
Contract Period: Commencing on the date of complete execution of the Access Agreement and terminating upon the earlier of December 31, 2026, or written notice from NJDEP that the Greenway Project activities have been completed
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Location of Property: (if applicable)
(Address/Block/Lot/Ward)
109-115 Verona Avenue Rear/Block 837/Lot 22/North Ward
860 Summer Avenue/Block 842/Lot 33/North Ward
Branch Brook Park Drive; Greenwood Lake Street; Highland Avenue; Mt. Prospect Avenue; Ruby Place; Summer Avenue; and Verona Avenue / North Ward
Additional Information:
No municipal funds required.
Body
WHEREAS, the City of Newark (the “City”) owns certain roadways designated as Branch Brook Park Drive, Highland Avenue, Greenwood Lake Street, Ruby Place, Mt. Prospect Avenue, Summer Avenue, and Verona Avenue; and 109-115 Verona Avenue and 860 Summer Avenue, real property designated as Block 837, Lot 22 and Block 842, Lot 33 on the Official Tax Maps of the City of Newark, County of Essex, State of New Jersey (hereinafter referred to as the “Property”); and
WHEREAS, on August 19, 2022, NJDEP acquired an approximately nine-mile, 100-foot-wide former rail alignment formerly owned by the Norfolk Southern Railway Company to design and construct a recreational greenway that will be open to the general public (“Greenway Project”); and
WHEREAS, NJDEP has committed to completion of the initial development of the Greenway Project along a defined segment of the Greenway Project 0.82 miles in length within the City of Newark, from Branch Brook Park Drive eastwards to Broadway (“Phase 1”); and
WHEREAS, the Municipal Council has previously signaled its support for the creation of a linear park and greenway along the abandoned rail right-of-way; and
WHEREAS, the development of Phase 1 will include the following (on or crossing City property/roadways):
• installation of utility lines (Block 837, Lot 22);
• roadway re-pavement (Block 842, Lot 33);
• shoulder work to construct a new drainage inlet and pipe (Branch Brook Park Drive);
• curb ramp/sidewalk reconstruction (Highland Avenue and Greenwood Lake Street near Block 848.01, Lot 13, as well as Greenwood Lake Street and Ruby Place near Block 848,Lot 13);
• street construction work (Mt. Prospect Avenue and Summer Avenue); and
• installation of utilities (Verona Avenue).
WHEREAS, the City has agreed to grant NJDEP access to the Property to perform Greenway Project activities, subject to the terms and conditions set forth in a Site Access Agreement attached hereto and made a part of this Resolution.
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 Deputy Mayor/Director of the Department of Economic and Housing Development, are hereby authorized to execute a Site Access Agreement with New Jersey Department of Environmental Protection, 401 E. State Street, P.O. Box 420, Mail Code 401-07, Trenton, NJ 08625-0420, in substantially the form attached hereto as Exhibit A.
2. No Municipal funds shall be expended or are required under this resolution.
3. The term shall commence upon on the date of complete execution of the Access Agreement and terminate upon the earlier of December 31, 2026, or written notice from NJDEP that the Greenway Project activities have been completed, subject to the extension of additional six (6) month periods.
4. A copy of the Site Access Agreement and this Resolution shall be filed in the Office of the City Clerk by the Director of the Department of Economic and Housing Development.
5. This Resolution shall take effect immediately.
STATEMENT
This Resolution authorizes the execution a Site Access Agreement between the City of Newark and New Jersey Department of Environmental Protection granting a non-exclusive license to enter upon City-owned property to undertake Phase 1 of the Greenway Project activities.