VI. OLD BUSINESS a. PROGRAMMATIC AGREEMENT

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10/16/2020 Page 12 3. suggestions for additional actions that could be considered for inclusion in the Exempt Activities list. X. DISPUTE RESOLUTION Should any signatory, including invited signatories, or concurring party to this Agreement object at any time to any actions proposed or the manner in which the terms of this Agreement are implemented, the City shall consult with such party to resolve the objection. If the City determines that such objection cannot be resolved, the City will: A. Forward all documentation relevant to the dispute, including the City’s proposed resolution, to the ACHP. The ACHP shall provide the City with its advice on the resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the City shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories, including invited signatories, and concurring parties, and provide them with a copy of this written response. The City will then proceed according to its final decision. B. If the ACHP does not provide its advice regarding the dispute within the thirty (30) day time period, the City may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, the City shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories, including invited signatories, and concurring parties to the Agreement and provide them and the ACHP with a copy of such written response. C. Carry out all other actions subject to the terms of this Agreement that are not the subject of the dispute remain unchanged. XI. EMERGENCIES A. When an emergency undertaking is required, the City shall allow the Indiana SHPO and each American Indian tribe claiming an interest in the lands encompassing the APE five (5) business days from receipt of the information to respond, if feasible. Emergencies exist when there is a need to eliminate an imminent threat to health and safety of residents as identified by local or County building inspectors, fire department officials, or other local or County officials. 1. The City shall forward documentation to the Indiana SHPO and each American Indian tribe claiming an interest in the lands encompassing the APE for review immediately upon notification that an emergency exists. Documentation should include a) nature of the emergency; b) the address of the historic property involved; c) photographs showing the current condition of the building; and d) the time-frame allowed by local officials to respond to, or correct, the emergency situation. 2. The City shall consider mitigation measures recommended by the Indiana SHPO and each American Indian tribe claiming an interest in the lands encompassing the APE and implement them, if feasible.