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