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FEB -27-2004 10:09 Community & Economic Deve <br />Memorandum of Agreement <br />Former Oliver Chilled Plow Works #2 Forge Shop <br />Page 1'! <br />MEMORANDUM OF AGREEMENT <br />BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION 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 THE FORMER OLIVER CHILLED PLOW WORKS #2 <br />FORGE SHOP (A STRUCTURE CONTRIBUTING TO THE HISTORIC CHARACTER OF THE <br />ST. CASIMIR PARISH HISTORIC DISTRICT) <br />IN SOUTH BEND, PORTAGE TOWNSHIP, SAINT JOSEPH COUNTY, INDIANA <br />P.02/05 <br />WHEREAS the South Bend Redevelopment Commission ("Commission') proposes to demolish the <br />former Oliver Chilled Plow Works #2 Forge Shop in South Bend, Portage Township, Saint Joseph <br />County, Indiana; and <br />WHEREAS the Commission, 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 term is <br />defined in 36 C.F.R. § 800. 16(d), to be in the St. Casimir Parish Historic District; and <br />WHEREAS the Commission, 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 Commission, 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 the St. <br />Casimir Parish Historic District, which was listed in the National Register of Historic Places; and <br />WHEREAS the Commission, in consultation with 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 will <br />have an adverse effect on the St. Casimir Parish Historic District; and <br />WHEREAS the Commission has consulted with the Indiana SHPO in accordancewith Section 106 of <br />the National Historic Preservation Act (16 U.S.C. § 470f) and its implementing regulations (36 G.F.R. <br />Part 800) to mitigate the adverse effect on the former Oliver Chilled Plow Works #2 Forge Shop; and <br />WHEREAS the Commission, in consultation with the Indiana SHPO, has invited Todd Zeiger, <br />Director, Northern Regional Office, Historic Landmarks Foundation of Indiana and John Oxian, <br />President, Historic Preservation Commission of South Bend &. St. Joseph County to participate in the <br />consultation and to concur in this memorandum of agreement; and <br />NOW, THEREFORE, the Commission and the Indiana SHPO agree that, upon the submission of a <br />copy of this executed memorandum of agreement, as well as the documentation specified in 36 <br />C.F.R. § 800.11(e) and (f), to the Advisory Council on Historic Preservation ("Council" pursuant to 36 <br />C.F.R. § 800.6[b][1][iv]) and upon the Commission's approval of the demolition, the Commission shall <br />ensure that the following stipulations are implemented in order to take into account the effect of the <br />demolition of the former Oliver Chilled Plow Works #2 Forge Shop: <br />