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HomeMy WebLinkAboutPR 562 Memorandum of Agreement.~ MEMORANDUM OF AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION AND WASHINGTON STATE HISTORIC PRESERVATION OFFICER PURSUANT TO 36 CFR 800.6(a) REGARDING THE SOUTH 277th STREET RECONSTRUCTION PROJECT, SR 562 WHEREAS, the original Memorandum of Agreement has lapsed and is no longer applicable, and there is a need for a new Memorandum of Agreement (here in after referred to as the "Agreement") entered into with Federal Highway Administration (FHWA), Washington State Department of Transportation and the Washington SHPO, and the City of Auburn, a concurring party, and WHEREAS, the City of Auburn mustl utilize the $101,111.95 of FHWA transportation mitigation funds that remain from the original Memorandum of Agreement, and WHEREAS in accordance with 36 CFR Section 800.6(a)(1), FHWA has notified the Advisory Council on Historic Preservation (Council) of its adverse effect determination, and the Council has chosen not to participate in the consultation pursuant to 36 CFR Section 800.6(a)(1)(iii); Now Therefore, FHWA, City of Auburn, and the Washington State SHPO agree that the undertaking shall be implemented in accordance with the following stipulations in consideration of the most reasonable method of applying federal mitigation funds to a project that will benefit the immediate community of the subject project. STIPULATIONS 1. The City of Auburn has determined that $101,111.95 of FHWA transportation mitigation funds remain to be expended on preservation of a historic agricultural building in the Auburn area. These funds remain from the Thomas-Nelson Farmhouse mitigation as addressed in the original Memorandum of Agreement. 2. The White River Valley Museum located in Auburn; (Museum) manages the restoration and eventual programming of the historic Mary Olson Farm, a King County Landmark and listing on the National Historic Register, owned by the City of Auburn (City). This 1880s farm is located on the east bank of the Green River in north Auburn. The Mary Olson Farm contains seven historic buildings including atwo-story vernacular farmhouse which is undergoing extensive restoration. Museum Director Patricia Cosgrove in partnership with Rhoda Lawrence of BOLA Architecture has been engaged in the planning, design and restoration of this 60-acre site. The Farm will open to the public by 2009 and provide living history, environmental education and outdoor recreational opportunities. The city has determined that it is possible to work with the Museum Director to let a contract to the Museum for the amount of $101,111.95 to rebuild the Mary Olson Farm house front porch, extend and install plumbing and electrical, and complete masonry work. It is proposed that the Museum provide a report mid-project and a final report that includes photographs of the project process. The parties agree that this new scope of work would satisfy the Federal portion of the intended project mitigation. 3. The City of Auburn will allocate all $101,111.95 of FHWA transportation mitigation funds for improvements to the house at the Mary Olson Farm. This can be accomplished via a contract between the City and the Museum, a 501(c) (3). Plans have been developed for many aspects of Thomas-Nelson Farm South 277`h Street Reconstruction Project Memorandum of Agreement on final mitigation the farmhouse's restoration, but the next projects are to rebuild the now non-existent front porch, extend utilities and install period-appropriate lighting fixtures and modern (hidden) HVAC, and complete masonry repairs. 4. If extenuating circumstances, such as natural disaster, or if any of the actions stipulated above remain unfulfilled at the end of a period of five (5) years following the execution of this amendment, the signatories shall consult on other means of fulfilling the intent of this agreement and/or other appropriate and feasible mitigation measures and shall amend this MOA accordingly. This agreement shall cease when such measures have been undertaken with the concurrence of the signatories. DISPUTE RESOLUTION Should any party to this agreement object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, FHWA shall consult with the objecting party (ies) to resolve the objection. If FHWA determines, within 30 days, that such objections cannot be resolved, FHWA shall: 1. Forward all documentation relevant to the dispute to the Council in accordance with 36 CFR Section 800.2(b) (2). Upon receipt of adequate documentation, the Council shall review and advise FHWA on the resolution of the objection within 30 days. Any comment provided by the Council, and all comments from the parties to the MOA, will be taken into account by FHWA in reaching a final decision regarding the dispute. 2. If the Council does not provide comments regarding the dispute within 30 days after receipt of adequate documentation, FHWA will give consideration to comments from the parties to the MOA and make a final decision. 3. FHWA's responsibilities to carry out all other actions subject to the terms of this MOA that are not subject of the dispute will remain unchanged. FHWA will notify all parties of its decision in writing before implementing that disputed portion of the Undertaking. FHWA's decision will be final. AMENDMENTS, TERMINATION AND NONCOMPLIANCE If any signatory to this MOA determines that its terms will not or cannot be carried out or that an amendment to its terms must be made, that party shall immediately consult with the other parties to develop an amendment to this MOA pursuant to 36 CFR 800.6 (c)(7) and 800.6 (c)(8). The amendment will be effective on the date a copy is signed by all of the original signatories and is filed with the Council. If a MOA is not amended following the consultation set out in accordance with Dispute Resolution, it may be terminated by any signatory. Within 30 days following termination, FHWA shall notify the signatories if it will initiate consultation to execute an MOA with the signatories under 336 CFR 800.6(a)(1) or request the comments of the Council under 36 CFR 800.7(a) and proceed accordingly. EXECUTION OF AGREEMENT Execution and implementation of the terms of this Memorandum of Agreement by FHWA and the Washington SHPO serves as evidence that FHWA has afforded the Council and all concerned parties the opportunity to comment on the project and the effects on historic properties, and that FHWA has taken into account the effects of the undertaking on historic properties and has satisfied the requirements of Section 106 of the National Historic preservation Act (16 U.S.C.470 (f). Thomas-Nelson Farm South 27Th Street Reconstruction Project Memorandum of Agreement on final mitigation FEDERAL HIGHWAY ADMINISTRATION By: ity'A/h_ Date: ~C7~23(07 Dan Mathis, Division Administrator WASHINGTON ST ISTORIC PRESERVATION OFFICER By: ~ Date: j~ J z z f ~ ~- Allyson Brooks, State Historic Preservation Officer Concur: athlee r y g -. CITY OF AU UR ~ ,_ ,, -_ _ _.- By: ,~ ~{_________.___ Date: OCT Y 2 2007 Pete Lewis, fir, City of Auburn WASHIN TON STATE DEPART/,ENT OF TRANSPORTATION t,, By: ~ Date: n Davis Di ~c i hwa s and Local Pro rams