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REVISED MEMORANDUM OF AGREEMENT <br />BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION AND <br />THE INDIANA STATE HISTORIC PRESERVATION OFFICER <br />SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION <br />PURSUANT TO 36 C.F.R. 800.6(b)(iv) <br />REGARDING THE REHABILITATION OF THE ANGELA BOULEVARD <br />BRIDGE # 211 OVER THE ST. JOSEPH RIVER <br />IN SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA <br />WHEREAS the Federal Highway Administration (FHWA) proposes TO FUND the <br />Rehabilitation of the Angela Boulevard Bridge # 211 over the St. Joseph River in South <br />Bend, Portage Township, St. Joseph County, Indiana; and <br />WHEREAS the FHWA and the Indiana State Historic Preservation Officer ( "Indiana <br />SHPO ") executed the original memorandum of agreement ( "MOA ") for this undertaking <br />on December 3, 2002; and <br />WHEREAS all the signatories to the December 3, 2002 MOA, and this agreement agree <br />that the execution of this MOA will supersede the original MOA executed December 3, <br />2002; and <br />WHEREAS the FHWA, in consultation with the Indiana SHPO, has determined <br />pursuant to 36 C.F.R. Section 800.4 (c), that the Angela Boulevard Bridge #211 is <br />eligible for inclusion in the National Register of Historic Places; and <br />WHEREAS the FHWA, in consultation with the Indiana SHPO, has determined, <br />pursuant to 36 C.F.R. Section 800.5 (a), that the rehabilitation project will have an <br />adverse effect on Angela Boulevard Bridge #211; and <br />WHEREAS the FHWA has consulted with the Indiana SHPO in accordance with <br />Section 106 of the National Historic Preservation Act (16 U.S.C. Section 470f) and its <br />implementing regulations (36 C.F.R. Part 800) to resolve the adverse effect of the <br />rehabilitation project on the Angela Boulevard Bridge #211; and <br />WHEREAS the FHWA has invited the St. Joseph County Commissioners and the <br />Indiana Department of Transportation to participate in consultation and to become <br />signatories to this MOA; and <br />WHEREAS the St. Joseph County Commissioners have begun the rehabilitation of the <br />Angela Boulevard Bridge #211; and <br />WHEREAS stipulation II of the December 3, 2002 MOA called for a portion of the <br />approach railing to be repaired and/or replaced with a railing of the same dimensions as <br />the original. The extent was shown on the plans and a special provision was included in <br />the contract; and <br />WHEREAS during demolition of the existing structure, the St. Joseph County <br />Commissioners discovered the approach rails are not structurally sufficient to meet <br />