WHEREAS, Tenleytown Fire House, Engine Company 20, built over a century ago at 4300 Wisconsin Avenue, N.W., between Warren and 40th Streets, is located in ANC 3E less than 200 feet across Wisconsin Avenue from ANC 3F; and
 

WHEREAS, Engine 20, Truck 12 and Ambulance 20 based at Tenleytown Fire House and/or using it as a staging area provide 24-hour fire and medical emergency services to residents of Ward 3, including the residents of ANC 3F; and
 

WHEREAS, there is an urgent need to convert and reconstruct Tenleytown Fire House into a modern facility that meets contemporary standards of safety, sanitation, technology and function; and
 

WHEREAS, over many months the Fire and Emergency Services Department worked with residents of the community, ANC 3E, the Friendship-Tenley Citizens Association, the Tenleytown Historical Society and other groups and individual residents to develop an Agreed Design for reconstructing the building in a way that balances urgent present and future community safety needs with respect for this building's historic past service to the community by preserving almost all of the exterior features of this venerable (but no longer suitable) building; and
 

WHEREAS, the Agreed Design was the basis for an AGREEMENT [appended hereto] entered into on December 5, 2000 by Chief Ronnie Few, Fire Chief, Fire and EMS Department, Ralph Cyrus, Office of Property Management (OPM) and Jean Pablo and Joel Odum, Tenleytown Historic Society, and witnessed by Steven J. Raiche, Office of Historic Preservation; and
 

WHEREAS, the Board of Zoning Adjustment (BZA) has completed hearings on the proposed Agreed Design; and
 

WHEREAS, the Department of Consumer and Regulatory Affairs (DCRA) has reviewed the building permit application for the Agreed Design; and
 

WHEREAS, the Historic Preservation Review Board (HPRB) on February 7, 2002, voted to designate the Tenleytown Fire House an historic landmark (together with other fire houses); and
 

WHEREAS, the Fire Department seeks the HPRB's immediate approval of the Agreed Design and is supported by the Friendship-Tenley Citizens Association, Councilmember Kathy Patterson and many, many other individuals and groups in our community who urge the HPRB to determine that the Agreed Design is appropriate as a matter of fact and law for timely modernization of this vital public safety facility while recognizing its historic character and the fact that it has become a designated historic landmark; and
 

WHEREAS, the HPRB has scheduled for public hearing on February 28, 2002, the Fire Department's proposal for Partial Demolition, Alteration and Addition Permit Application and Conceptual Review and may hold a second public hearing on March 28, 2002, both in advance of a hearing before the "Mayor's Agent" scheduled for April 9, 2002; and
 

WHEREAS, the Acting Program Manager of the Historic Preservation Office (in the Office of Planning), Mr. David Maloney, is in the process of scheduling a meeting of interested parties in a matter of days to clarify and iron out any remaining issues and, hopefully, eliminate any controversy or, at least, resolve all issues for the future of this important project;
 

NOW, THEREFORE, ANC 3F HEREBY RESOLVES: that the HPRB speedily and without delay forthwith approve the Agreed Design for renovation, rehabilitation and preservation of the Tenleytown Fire House historic landmark in the interests of the public safety needs of this community.
 

================================================================== ===
 

Adopted February 19, 2002, by a vote of 5-0-1 at a duly noticed public hearing with a quorum present.

/s/ Catherine J. Wiss_________                                     /s/ David J. Bardin_________
Cathy Wiss, Chair                                                           David J. Bardin, Secretary
 

APPENDIX:

This AGREEMENT dated this 5th day ofDecember 2000 is made and entered into by and among the Fire and Emergency Medical Services Department ("FEMS"), the Office of Property Management ("OPM"), and the Tenleytown Historical Society ("Historical Society"), collectively referred to as "the PARTIES."

WHEREAS, the PARTIES agree that the TENLEYTOWN FIREHOUSE is historically significant:

WHEREAS, the PARTIES desire to preserve, as much as possible, compatible with public safety, the historic nature of the TENLEYTOWN FIREHOUSE:

WHEREAS, the PARTIES desire to enter into an AGREEMENT that will define the manner in which both of these goals are met, as well as the duties and the responsibilities of each of the PARTIES:

NOW, THEREFORE, in consideration of the understandings and mutual promises contained herein, the PARTIES agree as follows:

The definitions and the recitals set forth above are incorporated by reference. The terms used in the AGREEMENT shall have the meaning stated herein.

A. AGREEMENT shall mean this AGREEMENT between the Fire and Emergency Medical Services Department, the Office of Property Management, and the Tenleytown Historical Society.

B. ADDITION shall mean the one-story bay designed in 1913 by Chief Building Inspector Snowden Ashford, as an addition to the ORIGINAL BUILDING.

C. DAY shall mean calendar day, unless otherwise specified.

D. ORIGINAL BUILDING shall mean the original Italianate building designed in 1910 by Lean Dessez located at 4300 Wisconsin Avenue, N.W.

E. TENLEYTOWN FIREHOUSE shall mean the ORIGINAL BUILDING and the ADDITION.

Section 1.02: INTERPRETATIONS

For the purposes of this AGREEMENT, except as otherwise expressly provided or unless the context otherwise requires:

A. All references in this AGREEMENT to designated Articles, Sections and other subdivisions are to the designated Articles, Sections and other subdivisions of this AGREEMENT as originally executed. The words "herein" and "hereof", and other words of similar import refer to this AGREEMENT as a whole and not to any particular Article, Section or subdivision hereof.

B. The terms defined in this article have the meaning assigned to them in this Article and include the plural as well as the singular.

C. The headings and captions used in this AGREEMENT are for the convenience of reference only and shall not define, limit or describe any of the provisions hereof or the scope of intent hereof.

A. FEMS and OPS agree to:

1. Preserve the shell of the ORIGINAL BUILDING.

2. Construct an addition to the ORIGINAL BUILDING which will be compatible with the architecture of the ORIGINAL BUILDING. 

3. Inform the Historical Society of any major changes in the building design and construction; and

4. Submit copies of status reports to the Tenleytown Historic Society.

B. The Historical Society agrees to:

1. Withdraw the application for Historic Landmark Designation now pending before the Historic Preservation Review Board, within five days of the effective date of the AGREEMENT;

2. Not oppose the alteration of the Tenleytown Fire House by removal of the ADDITION; and

3. Not support or submit any further applications for Historical Landmark Designation regarding Tenleytown Firehouse during the design and construction of the Firehouse.

C. The HPD agrees to assist OPM in acquiring the alteration and new construction building permits for the TENLEYTOWN FIREHOUSE in as expeditious manner as possible.

This AGREEMENT contains the entire agreement of the parties. No representation, inducements, or agreements, oral or otherwise, between the PARTIES not contained in this AGREEMENT shall be of any force and effect, and the same may not be amended, modified, changed or terminated, in whole or in part, in any manner other than by an agreement in writing duly signed by all properly authorized individuals of the PARTIES.

Section 4.02: SEVERABILITY

The sections, paragraphs, sentences, clauses and phrases of this AGREEMENT are severable, and if any phrase, clause, sentence, paragraph or section of this AGREEMENT shall be finally declared invalid by the valid judgment or decree of a court of competent jurisdiction, then such invialidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this AGREEMENT.

IN WITNESS WHEREOF, the Fire and Emergency Medical Services Department, the Office of Property Management, the Historical Preservation Review Board, and the Tenleytown Historical Society certify that this AGREEMENT is executed by their respective authorized signatories and shall be effective as of the last date written.
 

/s/Chief Ronnie Few      12/5/2000                               /s/Ralph Cyrrus                 12/5/00
Ronnie Few, Fire Chief         (Date)                                    Ralph Cyrus                          (Date)
Fire and EMS Department                                                  Office of Property Management

/s/Jean Pablo                12.5.2000                                     /s/Joel Odum                     12/5/00
Jean Pablo                          (Date)                                        Joel Odum                             (Date)

Witness: /s/ Stephen J. Raiche              12/5/00
             Stephen J. Raiche                        (Date)