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Memorandum of Agreement Former Oliver Chilled Plow Works #2 Forge Shop Page 3 3. POST REVIEW DISCOVERY In the event that one or more historic properties, other the former Oliver Chilled Plow Works #2 Forge Shop, are discovered or that unanticipated effects on historic properties are found during the implementation of this memorandum of agreement, the City shall follow the procedure specified in 36 C.F.R. § 800.13. 4. AMENDMENT Any signatory to this memorandum of agreement may request that it be amended, whereupon the parties shall consult to consider the proposed amendment. 36 C.F.R. § 800.6(c)(7) shall govern the execution of any such amendment. 5. TERMINATION A. If the terms of this memorandum of agreement have not been implemented by January 1, 2007, then this memorandum of agreement shall be considered null and void. In such an event, the City shall so notify the parties to this memorandum of agreement and, if it chooses to continue with the demolition, then it shall reinitiate review of the demolition of the former Oliver Chilled Plow Works #2 Forge Shop in accordance with 36 C.F.R. §§ 800.3 through 800.7. B. Any signatory to the memorandum of agreement may terminate it by providing thirty (30) days notice to the other parties, provided that the parties shall consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. C. In the event of termination, the City shall comply with 36 C.F.R. §§ 800.3 through 800.7 with regard to the review of the demolition.ln the event that the City does not carry out the terms of this memorandum of agreement, the City shall comply with 36 C.F.R. §§ 800.3 through 800.7 with regard to the review of the demolition of the former Oliver Chilled Plow Works #2 Forge Shop. 6. OTHER NECESSARY ACTS Each Party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to accomplish the activities contemplated by this Agreement and to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder. 7. RECORDATION This Memorandum of Agreement may be recorded in the office of the St. Joseph County Recorder subsequent to its execution. The execution of this memorandum of agreement by the City and the Indiana SHPO, the submission of a copy of it to the Council with the appropriate documentation specified in 36 C.F.R. § 800.11(e) and (f), and the implementation of its terms evidence that the City has afforded the Council an opportunity to comment on the demolition of the former Oliver Chilled Plow Works #2 Forge Shop and its effects on historic properties and that the City has taken into account the effects of the demolition of the former Oliver Chilled Plow Works #2 Forge Shop on historic properties.