GOOD NEIGHBOR/
COMMUNITY BENEFITS AGREEMENT
BY AND BETWEEN
UNITED STATES OF AMERICA
THE ADMINISTRATORS OF THE
TULANE EDUCATIONAL FUND
STATE OF LOUISIANA
AND
PARISH OF ORLEANS
THE _______________ NEIGHBORHOOD
ASSOCIATION
BE IT KNOWN that on the dates set forth below, before me, the undersigned
notary public, duly commissioned and qualified for the Parish and the State, and in the
presence of the undersigned competent witnesses, personally came and appeared:
The Administrators of the Tulane Educational Fund
(hereinafter “Tulane"), their agents, successors, and
assignees (TIN ____________), a non-profit corporation,
duly organized and existing under the laws of the State of
Louisiana, having a permanent mailing address at 6823 St.
Charles Avenue, Suite 300, Gibson Hall, New Orleans, LA
70130, represented herein by Victoria D. Johnson, Officer
and Registered Agent;
and
The _______________ Neighborhood Association (hereinafter
“_________”, its agents, successors, and assigns )(TIN ),
a
nonprofit corporation organized and existing under the laws of
the State of Louisiana, having a permanent mailing address of
______________, represented herein by _____________, its
President;
who declare and acknowledge as follows:
WHEREAS, Tulane plans to build a football arena (hereinafter “stadium”) on its
uptown campus, adjacent to the existing baseball stadium, with an overall seating capacity of
30,000, with possible expansion, that will rise to 48 feet along the west side of the stadium
and 64 feet along the east side of the stadium.
WHEREAS, the setback for the stadium will be 20 feet from the property lines of the
residences located on the west side of the stadium.
WHEREAS, _______________ neighborhood association is a neighborhood association
representing residents in the area surrounding Tulane and the area where the stadium is proposed to be
built and is an officially recognized neighborhood association, as defined by its By-laws, dated
________ for the _____________ Neighborhood, and attached hereto as Exhibit A.
WHEREAS, the ____________ neighborhood association warrants to represent the
sometimes divergent views of its constituents with respect to the proposed stadium project,
and that the Bylaws of the Association provide for democratic elections by the general
membership of a Board of Directors which Board members vote on official positions taken by
the Association, and further certifies by the attached Resolution (Exhibit B), that the
President, on behalf of the Board of Directors, is duly-authorized to enter into this
Agreement;
WHEREAS, Tulane’s governing body has considered the herein provisions of this
agreement and its Bylaws provide for democratic elections by the general membership of a
Board of Directors which Board members vote on official positions taken by Tulane, and
further certifies by the attached Resolution (Exhibit C), that the President, on behalf of the
Board of Directors, is duly-authorized to enter into this Agreement;
WHEREAS, Tulane intends to seek permits from the City of New Orleans relating to the
construction of the stadium on or before _______ and the ______________ neighborhood association
opposes the issuance of such permits until such time as this Agreement is confected.
WHEREAS, Tulane has hosted a series of three (3) community meetings whereby it
has described certain details of the proposed stadium project and members of the public have
been allowed to express concerns and request information.
WHEREAS, Tulane and ________ neighborhood association desire to enter into this
Agreement and establish certain Restrictive Covenants that will affect the operation and
activities of Tulane, as well as any of its agents, assigns, contracted operators/managers and
future owners/stewards of the stadium.
WHEREAS, the parties hereto agree that Tulane will restrict its sole use of the stadium
to the club sports that currently use the football practice field; the home, tournament and postseason games of the Tulane Football and/or intercollegiate athletic Program; and, classes,
seminars, and other campus meetings which will take place in the interior spaces of the
stadium. There will be no outside rentals of any kind allowed other than to a high school
football team once a week during weeks when there are not any Tulane football home games.
There shall be no night Tulane football practice allowed at the football stadium that will
require the use of the stadium field lighting. Any use of the stadium for practice will be
limited to Tulane football practice.
WHEREAS, the neighborhood association has expressed a willingness to support the stadium
project provided there are certain safeguards to the "quality of life" of the surrounding
neighborhoods with regard to operation, lights, noise, automobile and other vehicular parking,
vehicular circulation, litter abatement, and usage associated with the Stadium; and
WHEREAS, Tulane has made good-faith efforts to thoughtfully address the
Association's "quality of life" concerns.
WHEREAS, with respect to the Stadium Project, before, during and after the
construction phase, Tulane and the neighborhood association mutually desire to preserve,
protect and enhance the "quality of life" both in adjacent neighborhoods and Citywide
generally.
NOW, THEREFORE, in consideration of the mutual benefits associated with the
Stadium Project, the other covenants and agreements expressed herein and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Tulane
and the neighborhood association hereby establish, dedicate and impose the following
additional regulations:
I.
Design
II.
a. The stadium plan will be reduced to a 15,000 seat capacity with a standing
capacity of 20,000. There will be a 45 foot setback from the boundary of
any adjacent residential district. The height of the stadium on the Audubon
Boulevard side will not exceed _______.
b. Tulane agrees that the capacity of the stadium will not be expanded beyond
a 15,000 seat capacity (20,000 standing capacity) after construction
without a showing of demand and the agreement of the surrounding
neighborhood associations consisting of: ______, ________, ________.
Noise
a. The City's Noise Ordinance is defined by Chapter 66, Article IV,
Section 66 of the City Code (Exhibit C). Tulane agrees to diligently
comply with the current municipal Noise Ordinance regarding all
events held in the area comprising of the proposed football stadium and
the existing baseball stadium and further agrees that events or activities
which emit noise, as measured at the stadium side of the residence,
located at ________, which exceeds a level set at five (05) decibels less
than the maximum provided for in the City's then current Noise
Ordinance, shall end no later than 9:00 PM Central Time.
b. There will be no electric or battery operated blowers used in connection
with grounds maintenance or garbage disposal in use after 9:00 p.m. or
for more than thirty (30) minutes at any time during any single event.
c. A state of art wall façade and noise buffer will be built on the Audubon
Boulevard side of the stadium which design may include an attractive
screening structure, the design of which will be pre-approved by the
Audubon Boulevard Neighborhood Association.
d. Tulane will establish specific noise hotline that will be manned from
three (3) hours before each event held in the open area of the stadium
until four (4) hours after each event held in the open area of the
stadium.
e. Tulane agrees to minimize the impact of the sound of any
loudspeakers by using state of the art speakers with a narrow beam so
that any noise is directed and aimed away from the Calhoun, Claiborne
and Audubon Boulevard neighborhoods. The volume of any
loudspeakers will be controlled to maintain a “threshold” level of
sound.
f. Tulane will maintain a no-sound zone in the baseball and football
stadium area from 10:00 p.m. until 8:00 a.m.
g. There shall be no amplified outdoor sound from live music, recorded
music, D.J. services, and public announcements other than those
associated with the permitted uses as stated above.
III. Parking
a. Tulane will develop and maintain a detailed parking plan that provides
no less than 300 off street parking spaces within 300 feet of the
perimeter of the stadium and an additional 7200 off street parking
spaces to be provided by a park & ride plan and/or written contracts
with adjacent business owners. This parking plan will be filed with and
approved by the staff of the New Orleans planning commission prior to
the issuance of construction permits and shall thereafter be updated and
approved by the staff of the New Orleans City Planning Commission
on an annual basis. The neighborhood association will be provided with
a copy of the required detailed parking plans immediately upon its
submission to the staff of the City Planning Commission and shall be
allowed a period of thirty (30) days to provide comments and
suggestions to the staff of the City Planning Commission.
b. All marshalling of and drop off by park & ride vehicles will take place
in the parking lot of Turchin Stadium on the Claiborne Street side of
the stadium.
c. All offstreet parking will be free of charge or built into the event ticket
as an incentive to encourage attendees to park at off street locations
identified by Tulane.
IV. Vehicular Circulation
a. Tulane agrees to also implement reasonable plans for the orderly
ingress and egress of vehicles associated with any baseball and/or
football stadium events, which plans will include: providing
sufficiently trained traffic control personnel as approved and
recommended by the New Orleans Police Department; directing peak
traffic to flow onto larger streets such as Nashville, St. Charles,
Broadway and Claiborne; and, a vehicular circulation plan, developed
by a parking and traffic plan consultant, that will be filed with and
approved by the Department of Public Works as well as by staff of the
New Orleans planning commission prior to the issuance of construction
permits and shall be updated and approved by the Department of Public
Works and the staff of the New Orleans City Planning Commission
thereafter on an annual basis. The neighborhood association will be
provided with a copy of the required traffic circulation plans
immediately upon its submission to the staff of the City Planning
Commission and shall be allowed a period of thirty (30) days to
provide comments and suggestions to the staff of the City Planning
Commission.
b. Under no circumstances, including for the purpose of emergency, fire,
or crowd control, will the current locked gates at Hickory Street be
opened for any purpose at all. The gates on Hickory will remain
permanently locked and secured by sufficient locks to be provided and
maintained by Tulane.
c. Under no circumstances, including for the purpose of emergency, fire
or crowd control, will there be any ingress or egress into the
surrounding neighborhood streets other than on Willow and Claiborne.
V. Security
a. At its sole expense, Tulane will provide enhanced police patrol by a
New Orleans or Tulane general police patrol of no less than three (3)
marked cruisers, to patrol the surrounding neighborhoods within the
perimeter of St. Charles Avenue, Broadway, Claiborne Avenue and
Nashville Avenue, which patrol will commence three (3) hours before
and three (3) hours after any scheduled sporting event with an expected
attendance of 10,000. The security patrol are to be used exclusively for
patrol in the designated area and shall respond to criminal activity
within the designated area and not to routine dispatch calls. Residents
in the designated area shall be provided a phone number to a dispatcher
for the officers on patrol to report criminal activity. Tulane shall hire
and/or assign an officer to coordinate and supervise the enhanced
police patrol.
b. Tulane will provide private towing service for benefit of surrounding
neighbors of no less than four (4) tow trucks and a towing hotline to me
manned for three (3) hours before and three (3) hours after any
scheduled sporting event with an expected attendance of 10,000.
c. or more P-Park and Recreation zoning regulations do not require the
provision of security. However, the NOBC shall provide security patrol
on a 24-hour basis, as well as enhance and support the patrol with an
electronic surveillance system. Periodic special events will require the
presence of an officer from the New Orleans Police Department
(NOPD) or other law enforcement organization, such as but not limited
to the Louisiana State Police.
VI. Lighting
a. Any stadium lighting, used for the purpose of lighting the fields of both the
baseball and football stadium, will be extinguished immediately after the
game or outdoor event, with only one light pole being allowed to remain
lighted, if needed, to enable spectators to exit from the stadiums. This
single light pole will be extinguished no later than thirty (30) minutes
immediately after the game or outdoor event.
b. Any other entrance and exits lights, that do not provide field lighting, may
remain lighted for the purpose of the safe exit of spectators and for the post
event cleanup but shall be extinguished within two (2) hours after the game
or outdoor event.
c. The construction of any stadium lighting fixtures of any type shall comply
with the safety standards set forth in the Building Code for the City of New
Orleans, and with the Comprehensive Zoning Ordinance for the City of
New Orleans.
d. With the exception of Tulane and high school football games, allowed only
as herein provided, and for emergency maintenance and testing, no stadium
field light fixtures will be used between the hours of 6:00 p.m. and 8:00
a.m.
VII. Litter/Trash Abatement
a. Tulane shall provide a litter abatement program to neighborhood
association, to be reviewed on an annual basis, which will include the
location of litter/trash storage; the frequency and method of pick up; the
clearing of all litter/trash from sidewalks and parking areas; the periodic
b. clearing of litter in the adjacent streets and sidewalks of those streets rights
of way.
VIII. Construction Provisions
a. Hours of Construction activity shall be limited to no earlier than 8:00 a.m. and no
later than 6:00 p.m.
b.
IX. Citizen’s Advisory Committee
a. A citizen’s advisory committee shall be formed to meet quarterly and review
issues in regards to security, noise, parking, traffic circulation, and any other
matters that pertain to the impact of Tulane’s sports facilities on the surrounding
neighborhoods.
b. The advisory committee shall be consist of nine (9) members and shall be
comprised of the following: one (1) representative of the Mayor’s office; five (5)
representatives from the surrounding neighborhoods within the area confined by
St. Charles Avenue, Broadway, Claiborne Avenue and Nashville Avenue, to be
appointed by the Councilmember of the district in which Tulane stadium is
located; one (1) member appointed by each of the at large Councilmembers; one
(1) representative of Tulane; and, a representative from the New Orleans Police
Department.
c. The terms of the advisory committee members shall be four (4) years and
members shall be allowed to succeed themselves for consecutive terms.
d. The committee shall hold quarterly meetings during the second week of February,
May, August and November.
e. Any infractions of this Agreement shall be reported directly to the Tulane
Committee representative immediately.
f. Minutes of the meetings of the citizen’s advisory committee will be taken by a
transcriber provided and paid for by Tulane, which minutes shall be provided to
each of the committee members within 72 hours of the meeting.
IX. General Provisions
a. Tulane shall use its best efforts to comply with the City’s open access policies,
regarding contracts in the area of construction in order to encourage meaningful
participation of Orleans Parish based businesses in the construction and operation
of the stadium.
b. Any notice, demand, approval or disapproval, or consent required
hereunder (hereinafter, collectively, any "Notice") shall be in writing, and
any such Notice shall be sent to the Association or Tulane by registered or
certified mail, return receipt requested, electronic mail, hand delivery, or
by overnight delivery, postage prepaid, to the address in the United States
of America as such party may designate from time to time by notice to the
other or to the registered address of the party in the event no such address
is provided.
c. In the event that either party shall employ an attorney or attorneys to
enforce any of the provisions hereof or to protect its interests in any
manner arising under this Agreement, the non-prevailing or defaulting
party in any action pursued in courts of competent jurisdiction (the
finality of which is not legally contested) agrees to pay to the prevailing
party all reasonable and documented costs, damages and expenses,
including attorneys' fees, expended or incurred in connection therewith.
d. Headings. The description article and section headings of this
Agreement are inserted for convenience only and are not intended to
and shall not be construed to limit, enlarge or affect the scope or intent
of this Agreement nor the meaning of any provision hereof.
e. Notices. All notices, consents, waivers, or other communications
provided for under this Agreement shall be addressed to the addresses
of the parties provided as mailing addresses above.
f. Severability. If any terms or provisions of this Agreement, or the
application thereof to any circumstance, shall be invalid or
unenforceable, the remainder of this Agreement or the application,
term, provision or application to circumstances that is not held
invalid or unenforceable shall not be affected thereby and each term
and provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
g. Interpretation of Agreement. This Agreement is deemed to be a
jointly drafted document and is not to be construed against either the
Neighborhood Association or Tulane as the primary or sole drafter of
the document.
h. Entire Agreement. This Agreement embodies the entire agreement
between the parties as to the subject matter hereof and supersedes all
prior agreements and understandings, if any, and may be amended or
supplemented only by a written instrument executed by the parties.
i. Amendments, Supplements and Modifications. This Agreement may
not be amended, supplemented or modified, except in writing and
executed by the parties hereto.
j. Execution in Counterparts. This Agreement may be executed in
several counterparts, each of which shall be an original and all of
which shall constitute one and the same instrument.
THUS DONE, SIGNED AND PASSED by The Administrators of the Tulane
Educational Fund at New Orleans, Louisiana on this ________ day _____________, 2012 in
the presence of the undersigned competent witnesses and me, notary, after due reading of the
whole.
WITNESSES:
THE ADMINISTRATORS OF THE
TULANE EDUCATIONAL FUND:
---------------------------------------------------Print Name: ----------------------------------
By: _______________________
Name: ____________
Title: President and Chairman
---------------------------------------------------Print Name: ----------------------------------
SWORN TO AND
SUBSCRIBED BEFORE ME,
NOTARY, THIS ___ DAY OF
__________________, 2012.
________________________________________
NOTARY PUBLIC - BAR OR NOTARY I.D.#
________________________________________
PRINTED NAME OF NOTARY
THUS DONE, SIGNED AND PASSED by the _________ Neighborhood
Association at New Orleans, Louisiana on the ___ day of ________, 2012 in the presence of
the undersigned competent witnesses and me, notary, after due reading of the whole.
WITNESSES:
________________
NEIGHBORHOOD ASSOCIATION:
__________________________________
Print Name:________________________
By:__________________________________
Name:
Title:
__________________________________
Print Name: ________________________
SWORN TO AND
SUBSCRIBED BEFORE ME,
NOTARY, THIS ___ DAY OF
__________________, 2012.
________________________________________
NOTARY PUBLIC - BAR OR NOTARY I.D.#
________________________________________
PRINTED NAME OF NOTARY
GOOD NEIGHBOR AGREEMENT
BY AND BETWEEN
THE ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND
AND
THE ________________ NEIGHBORHOOD ASSOCIATION
EXHIBIT A
BY-LAWS OF THE ____________ NEIGHBORHOOD ASSOCIATION
See attached
GOOD NEIGHBOR AGREEMENT
BY AND BETWEEN
THE ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND
AND
THE ________________ NEIGHBORHOOD ASSOCIATION
EXHIBIT B
RESOLUTION OF THE BOARD OF DIRECTORS OF ________ NEIGHBORHOOD
ASSOCIATION
See attached
GOOD NEIGHBOR AGREEMENT
BY AND BETWEEN
THE ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND
AND
THE ________________ NEIGHBORHOOD ASSOCIATION
EXHIBIT C
RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADMINISTRATORS OF
THE TULANE EDUCATIONAL FUND
See attached
GOOD NEIGHBOR AGREEMENT BY AND BETWEEN
THE NEW ORLEANS BUILDING CORPORATION
AND
THE FAUBOURG MARIGNY IMPROVEMENT ASSOCIATION
EXHIBIT D
INITIAL PARKING PLAN FOR TULANE STADIUM
See attached
GOOD NEIGHBOR AGREEMENT
BY AND BETWEEN
THE NEW ORLEANS BUILDING CORPORATION
AND
THE FAUBOURG MARIGNY IMPROVEMENT ASSOCIATION
EXHIBIT E
PRE-CONSTRUCTION PARKING STUDY FOR TULANE STADIUM
See attached
GOOD NEIGHBOR AGREEMENT
BY AND BETWEEN
THE NEW ORLEANS BUILDING CORPORATION
AND
THE FAUBOURG MARIGNY IMPROVEMENT ASSOCIATION
EXHIBIT F
TULANE STADIUM TRAFFIC IMPACT STUDY
See attached