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FEB -27-2004 10:10 Community & Economic Deve Memorandum of Agreement Former Oliver Chilled Flow Works #2 Forge Shop Page 2 Stipulations 1. ADVERSE IMPACT MITIGATION r ' r P. 03/05 The former Oliver Chilled Plow Works #2 Forge Shop will be documented prior to the commencement of demolition activities. The activities to be conducted and materials provided include: A. A cover page with the name and street address of the property B. A typed description of the property including: I. A narrative description of the property's design and overall dimensions ii. A map of South Bend showing the location of the property C. A typed history of the property and a statement of the property's significance to the community focusing on its history prior to 1950 D. Black and white 35mm photographs showing the property from various angles, labeled to indicate building name, address, direction and description of view, and name of photographer E. Plan and elevation drawings of the structures 2. OBJECTION RESOLUTION PROVISION Disagreements and misunderstanding about how this memorandum of agreement is or is not being implemented shall be resolved in the following manner: A. If the Indiana SHPO or any invited signatory to this memorandum of agreement should object in writing to the Commission regarding any action carried out or proposed with respect to the demolition of the former Oliver Chilled Plow Works #2 Forge Shop or implementation of this memorandum of agreement, then the Commission shall consult with the objecting party to resolve the objection. If after initiating such consultation the Commission determines that the objection cannot be resolved through consultation, then the Commission shall forward all documentation relevant to the objection to the Council, including the Commission's proposed response to the objection. Within 45 days after receipt of all pertinent documentation, the Council shall exercise one of the following options: fl. Provide the Commission with a staff -level recommendation, which the Commission shall take into account in reaching a final decision regarding its response to the objection, or iii. Notify the Commission that the objection will be referred forformal comment pursuant to 36 C.F.R. § 800.7(c), and proceed to refer the object and comment. The Commission shall take into account the Council's comments in reaching a final decision regarding its response to the objection. B. If comments from the Council are provided in accordance with Stipulation A of this memorandum of agreement, then the Commission shall take into account any Council comment provided in accordance with 36 C.F.R. § 800.7(a)(4) with reference only to the subject of the objection. The Commission's responsibility to carry out all actions under this memorandum of agreement that are not the subjects of the objection shall remain unchanged. 3. POST REVIEW DISCOVERY