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April 2004
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April 2004
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South Bend HPC
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Minutes
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Memorandum of Agreement <br />Former Oliver Chilled Plow Works #2 Forge Shop <br />Page 3 <br />ii. Notify the City that the objection will be referred for formal comment <br />pursuant to 36 C.F.R. , 800.7(c), and proceed to refer the object and <br />comment. The City shall take into account the Council =s comments in <br />reaching a final decision regarding its response to the objection. <br />B. If comments from the Council are provided in accordance with Stipulation A of <br />this memorandum of agreement, then the City shall take into account any <br />Council comment provided in accordance with 36 C.F.R. , 800.7(a)(4) with <br />reference only to the subject of the objection. The City =s responsibility to carry <br />out all actions under this memorandum of agreement that are not the <br />subjects of the objection shall remain unchanged. <br />3. POST REVIEW DISCOVERY <br />In the event that one or more historic properties, other the former Oliver Chilled Plow <br />Works #2 Forge Shop, are discovered or that unanticipated effects on historic <br />properties are found during the implementation of this memorandum of agreement, <br />the City shall follow the procedure specified in 36 C.F.R. , 800.13. <br />4. AMENDMENT <br />Any signatory to this memorandum of agreement may request that it be amended, <br />whereupon the parties shall consult to consider the proposed amendment. 36 C.F.R. <br />800.6(c)(7) shall govern the execution of any such amendment. + <br />5. TERMINATION <br />A. If the terms of this memorandum of agreement have not been implemented by <br />January 1, 2007, then this memorandum of agreement shall be considered <br />null and void. In such an event, the City shall so notify the parties to this <br />memorandum of agreement and, if it chooses to continue with the demolition, <br />then it shall reinitiate review of the demolition of the former Oliver Chilled <br />Plow Works #2 Forge Shop in accordance with 36 C.F.R. 800.3 through <br />800.7. <br />B. Any signatory to the memorandum of agreement may terminate it by <br />providing thirty (30) days notice to the other parties, provided that the parties <br />shall consult during the period prior to termination to seek agreement on <br />amendments or other actions that would avoid termination. <br />C. In the event of termination, the City shall comply with 36 C.F.R. , , 800.3 <br />through 800.7 with regard to the review of the demolition.ln the event that the <br />City does not carry out the terms of this memorandum of agreement, the City <br />shall comply with 36 C.F.R. , , 800.3 through 800.7 with regard to the review <br />of the demolition of the former Oliver Chilled Plow Works #2 Forge Shop. <br />6. OTHER NECESSARY ACTS <br />Each Party shall execute and deliver to the other all such other further instruments <br />and documents as may be reasonably necessary to accomplish the activities <br />
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