of Understanding (MOUs) between:
Forest City Ratner (Bruce Ratner),
The Empire State Development Corporation (ESDC, Charles Gargano) and the
New York City Economic Development Corporation (NYCEDC, Daniel Doctoroff,
February 18, 2005 Public
Memorandum of Understanding (MOU 1)
February 18, 2005 Private/Secret
Memorandum of Understanding (MOU 2)
Release Main Page
Immediate Release: August 17, 2005
DDDB Reveals Secret Agreement Among
Bruce Ratner, New York City and State.
Besides Private Memorandum of Understanding,
What Else is Bruce Ratner Hiding?
NEW YORK, NY–On March 3rd, 2005, the Empire
State Development Corporation (ESDC) publicly released a Memorandum of Understanding
(MOU)–an agreement and understanding among Forest City Ratner (FCR),
the City and State of New York with respect to the development of a sports
arena and mixed-use residential, commercial and retail development in Prospect
Heights, Brooklyn. The agreement was dated February 18th, 2005.
What was not released was a second, secret MOU among the same parties, with
the same agreement date.
Develop Don't Destroy Brooklyn (DDDB) spokesperson, Daniel Goldstein, said,
"The whole Ratner deal has moved forward over the past two years in backrooms
and with great secrecy. This unreleased second MOU raises serious questions
about the developer's honesty as well as the transparency of the public
parties and officials signed on to the agreement–the ESDC and New York City
Economic Development Corporation (NYCEDC), represented by Charles Gargano,
Daniel Doctoroff and Andrew Alper."
Goldstein continued, "This second MOU lays out plans for an even larger
development, and more development rights, for Bruce Ratner than the public
MOU. It agrees to a State takeover of this larger development plan, contingent
on the approval of the plan outlined in the public MOU. Why has the City
agreed to this? Also, if such an important document has been kept under
wraps, why should we trust any of the information the public has seen from
the developer and the public agencies? Is there any reason to believe the
job projections, the revenue projections, the affordable housing claims
or any other claims? The answer is no." (*see correction
The second MOU, or "MOU 2," allows new development rights for FCR to develop
millions more square feet over their Atlantic Center Mall and the PC Richards/Modell's
mall (Site 5) at the intersection of Flatbush and Atlantic Avenues. These
sites are directly adjacent to the disclosed footprint of Ratner's proposed
Brooklyn Atlantic Yards (BAY) project outlined in the public MOU. "MOU 2"
also refers to a mysterious previous MOU from May 2004. It also provides
for a state takeover of yet more acres in addition to the 21 acres in the
public MOU. This would add more than one million square feet to what is
already 8 million square feet of development in the BAY plan, and what is
already an overburdened traffic intersection and public transportation hub.
(*see correction below)
Unlike the MOU on the West Side Stadium, the MTA is not a signatory to the
Brooklyn MOU. It is not known if the MTA is aware of "MOU 2."
Goldstein concluded, "We need some answers as to why the already massive
Ratner plan has grown in size, and done so in secret agreements among FCR,
the City and State. Clearly, much greater scrutiny needs to be brought to
the Ratner proposal, by political officials, public interest groups, and
the media. Why hasn't this second MOU been made public? What other secret
deals have formed behind the scenes? It is this kind of misinformation and
secrecy that leads to so much public skepticism about this developer's intentions
and this development proposal."
The two documents, the public MOU (MOU 1) and the private MOU (MOU 2) can
be found here.
Mayor Bloomberg's press release about MOU 1, which makes no mention of MOU
2, can be found here: http://tinyurl.com/crb2u
Because these agreements are often complicated for the layperson
and experts, there is an error in this press release regarding the meaning
of the second or secret MOU which we got only through a Freedom of Information
request. The second MOU allows FCR to transfer 328,272 square feet of
development rights from its Atlantic Center Mall to the parcel of land,
known as Site 5, currently occupied by P.C. Richards, Modell's and a parking
lot. This reduce the air rights that FCR already has over the Atlantic
Center Mall and transfer those rights to Site 5, increasing the density
allowed at that site.
So, insteaad of about 1.6 million square feet of development over the
the Atlantic Center Mall–separate and apart from the square footage
of the "Atlantic Yards" proposal–there will be approximately
1.25 million square feet of residential and commercial development over
the Mall, somtime before 2010 according to FCR. The 328,272 square feet
added to Site 5 increases the size of the structure over that parcel to
636,000 square feet of development.
The second MOU also allows for more eminent domain at Site 5, and for
Site 5 and Atlantic Center Mall development to take place whether or not
"Atlantic Yards" receives approval. One question remains: when
and how did FCR get these air rights over Site 5 and the Atlantic Center
We are sorry for
any confusion we may have created.