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Memorandum of Agreement Former Oliver Chilled Plow Works #2 Forge Shop Page 1 MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND AND THE INDIANA STATE HISTORIC PRESERVATION OFFICER SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION PURSUANT TO 36 C.F.R. § 800.6(b)(iv) REGARDING THE DEMOLITION OF THE FORMER OLIVER CHILLED PLOW WORKS #2 FORGE SHOP IN SOUTH BEND, PORTAGE TOWNSHIP, SAINT JOSEPH COUNTY, INDIANA WHEREAS the City of South Bend ( "City') proposes to demolish the former Oliver Chilled Plow Works #2 Forge Shop in South Bend, Portage Township, Saint Joseph County, Indiana; and WHEREAS the City, in consultation with the Indiana State Historic Preservation Officer ("Indiana SHPO "), has defined the former Oliver Chilled Plow Works #2 Forge Shop, as the term is defined in 36 C.F.R. § 800. 16(d),.to be in the St. Casimir Parish Historic District; and WHEREAS the City, in consultation with the Indiana SHPO, has found that the former Oliver Chilled Plow Works #2 Forge Shop is within the area of potential effects; and WHEREAS the City, in consultation with the Indiana SHPO, has determined pursuant to 36 C.F.R. § 800.49(c), that the former Oliver Chilled Plow Works #2 Forge Shop contributes to the St. Casimir Parish Historic District, which was listed in the National Register of Historic Places; and WHEREAS with the City, in consultation the Indiana SHPO, has determined, pursuant to 36 C.F.R. § 800.5(a), that the demolition of the former Oliver Chilled Plow Works #2 Forge Shop will have an adverse effect on the St. Casimir Parish Historic District; and WHEREAS the City has consulted with the Indiana SHPO in accordance with Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f) and its implementing regulations (36 C.F.R. Part 800) to mitigate the adverse effect on the former Oliver Chilled Plow Works #2 Forge Shop; and WHEREAS, the City in consultation with the Indiana SHPO, has invited Todd Zeiger, Director, Northern Regional Office, Historic Landmarks Foundation of Indiana, John Oxian, President, Historic Preservation Commission of South Bend & St. Joseph County and the South Bend Redevelopment Commission to participate in the consultation and to concur in this memorandum of agreement; and NOW, THEREFORE, the City and the Indiana SHPO agree that, upon the submission of a copy of this executed memorandum of agreement, as well as the documentation specified in 36 C.F.R. § 800.11(e) and (f), to the Advisory Council on Historic Preservation ("Council" pursuant to 36 C.F.R. § 800.6[b][1 ][iv]) and upon the City's approval of the demolition, the City shall ensure that the following stipulations are implemented in order to take into account the effect of the demolition and removal of the former Oliver Chilled Plow Works #2 Forge Shop: