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Home My WebLink About31581 / 81-09October 15> 1981 � 9 RESOLUTION PURPOSE: TO AUTHORIZE THE SIGNING OF A MEMORANDUM OF AGREEMEN7 BETWEEN THE STATE HISTORICAL SOCIETY, THE NATIONAL ADVISORY COUNCIL FOR HISTORlC PRESER4ATlON, AND THE CITY OF OSHKOSH INITIATED BY: PLANNING ANO RESEARCH DIVISION DEPARTMENT OF COMMUNITY DEVELOPMENT WHEREAS, the City of Oshkosh was requ+red, pursuant to Section 106 of the National Historic Preservation Act cf 196o and Secticn 800_4(d) cf the Advisory Councii on Historic ?resers�aiicn regulation=_ "Profecticn of Hisvoric and Cultural Properties {36 C.F.R. Part 800)", to assess the impact the Oshkosh Centre Redevelopment Project would have on any potentially historic properties; and WHEREAS, the tonsultation process ouilined in (36 G.F.R_ Part 800) has been completed and a"Preliminary Case Report", which analyzed the impact the pro- posed project would have on historic properties, has been accepted by the Advisary Council; NOU, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officiais are hereby authorized and directed to execute the attached Memorandum of Agreement and that such signing shall be deemed to satisfy the requirements of (16 U.S.C. 470) as amended and the regulations promulga[ed thereunder. 6E IT FURTHER RESOLVED that money for this purpose is hereby appropriated from Acct. No. 32�-660, Local Qption. � � >.��, i .� -- . . _ . _._ __ � i � � � .,_ /V`C/W 1V 1��l��l�..� — 9 — Advisory Council On Historic Preservation �� d 1522 K S[reet, NW Washington. DC 20005 OCT g 7981 Mr. William D. Freuh City Manager City Hall 215 Church Avenue P. 0. Box 1130 Oshkosh, wI 54902 Dear Mr. Freuh: Enclosed is the Memorandum of Agreement reflecting the agreement to mitigate the adverse effects of the Oshkosh Center Redevelopment Project on the North Main Street Historic District, Oshkosh, Wisconsin, reached by the consulting parties. Please sign and date this Agreement and forward it to Richard A. Erney, [disconsin State Aistoric Preservation Officer, for his dated signature. Thereafter, it must be returned to the Council for ratification by the Chairman. The Agreement wi11 become final 30 days after receipt by the Chairman or earlier if ratified by the Chairman. The ratified Memorandum of Agreement wi11 constitute the Council`s co�nents in accordance with Section 800.6(c)(3) and completes your responsibilities under Section 106 of the National Historic Preservation Act and the Council's regulations. Thank you for your cooperation. Sincer ly, �J rdan E. Tannenbaum � Chief, Eastern Division of Project Review Enclosure Advisory Council On I�istoric Pr�serva#ion .� : 1522 K Street. NW' Washington. DC 20005 MEMORANDUM OF AGREEMENT Wf�REAS, the Department of Aousing and Urban Development (HUD) proposes to approve a Community Development Block Grant (CDBG) for the City of Oshkosh (City) for the Oshkosh Center Redevelopment Project, Oshkosh, Wisconsin; and, WHEREAS, pursuant to the Housing and Community Development Act of 1977, as amended, HI1D has delegated to the City its responsibility for seeking the comments of the Advisory Council on Historic Preservation (Council) pursuant to Section 106 of the National Historic Preserva[ion Act of 1966, as amended (16 U.S.C. Sec. 470(f)); and, Wf�REAS, the City, in consultation with the Wisconsin State Historic Preservation Officer (SHPO), has determined that implementation of this project will adversely affect the North Plain Street Historic District (27, 25, 23, 19-21, and 15 North Main Street), properties eligible for inclusion in the National Register of Historic Places; and, Wf�REAS, pursuant to the regulations of the Council, "Protection of Historic and Cultural Properties" (36 CFR Part 800), the City has requested the comments of the Council; and, Wf�REAS, representatives of the Council, the City, and the Wisconsin SHPO have consulted and reviewed the proposed undertaking to consider alternatives to avoid or satisfactorily mitigate adverse effects on the above-mentioned properties; NOW, THEREFORE, it is mutually agreed that implementation of the projects in accordance with the following stipulations will avoid or satisfactorily mitigate the adverse effects. Stipulations The City will ensure that the following measures are carried out. 1. The property at 19-21 North Main Street (Seefluths) will be marketed for relocation in accordance with the following conditions: a. An informational brochure will be prepared containing data on the property including a parcel map, photographs, and information on Section 2124 of the Tax Reform Act of 1976, as amended, and "The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Standardsj." It wi11 also contain information on public and private sources of _ _ . _. Page 2 Plemorandum of Agreement City of Oshkosh, Wisconsin North Main Street Historic District .� O funding for rehabilitation and preservation of the property and indicate that up to $5,000 of the relocation costs will be defrayed by the City of Oshkosh. This informational brochure will be made available to the Wisconsin SHPO and the Oshkosh Landmarks Commission for distribution to potentially interested parties. b. The City will advertise the availability of Seefluths for relocation to another site a minimum of four times in the Oshkosh Dai1y Northwestern. The advertisement will highlight the points mentioned in 1(a) above, and state the availability of the informational brochure upon request to the City. c. Seefluths wi11 be offered by the City without cost or at a minimal fee to the buyer. d. The recipient of Seefluths must agree to rehabilitate and maintain the structure in accordance with the recommended approaches in the Standards. e. Seefluths will be transfered subject to the attached restrictive covenants regarding the property is preservation and maintenance. f. The Wisconsin SHPO will be given the opportunity to review all offers for the property. If no recipient will take Seefluths subject to Stipulations 1(d) and/or 1(e), the Wisconsin SHPO may approve conveyance without either or both of those provisions. 2. Seefluths and the remaining properties in the North Main Street Historic District will be recorded prior to relocatio❑ or demolition so that there will be a permanent record of their history and present appearance. The National Architectural and Engineering Record (NAER) (National Park Service, Department of the Interior, Washington, D.C. 20243; 202-272-3527) will first be contacted to determine what documentation is required. All documentation must be accepted by NAER prior to relocation or demolition. Copies of this documentation will be provided to the Wisconsin SHPO. 3 4 A£ter Seefluths is advertised as outlined in Stipulation 1, any potential recipient of the property will have four roonths from the date of conveyance to relocate all or part of the building. If no recipient for Seefluths is found in the time agreed upon above, the property may be demolished after Stipulation 2 has been complied with. 5. Prior to the demolition of any of the properties in the North Main Street Aistoric District the Wisconsin SHPO and the Oshkosh Landmarks Commission will be given a reasonable opportunity to select architectural elements from the buildings for curation or use in other projects. 6. After demolition of any of the North Main Street properties, the Keeper of the National Register will be notified within 90 days so that it may be removed from the list of eligible National Register properties. Page 3 Memorandum of Agreement City of Oshkosh, Wisconsi❑ North Main Street Historic District .� V 7. Failure to carry out the terms of this Agreement requires that the City again request the Council's comments in accordance with 36 CFR Part 800. If the City cannot carry out the terms of the Agreement, it shall not take or sanction any action or make any irreversible commitment that would result in an adverse effect with respect to National Register or eligible properties covered by the Agreement or would foreclose the Council's consideration of modification or alternatives to Oshkosh Center Project that could avoid or mitigate the adverse effect until the commenting process has been completed. � ��( ate Executive Director Advisory Council on H storic Preservation (date) City of Oshkosh, Wisconsin (date) Wisconsin State Historic Preservation Officer (date) Chairman Advisory Council on Historic Preservation Page 4 Memorandum of Agreement City of Oshkosh, Wisconsin North Main Street Historic District STANDARD PRESERVATION COVENANTS / ' � The premise above described is hereby conveyed subject to the conditions, restrictions, and limitations hereinafter set forth, which shall be considered as covenants running with the property, which the grantee, his heirs, and assigns covenant and agree, in the event that the premise is sold or otherwise disposed of, will be inserted in the conveyance or other instrument disposing of the premise. 1. That with respect to the exterior of the structure no physical or structural change shall be made or changed or altered without the written approval of the State Historic Preservation Officer. 2. Ia the event of a violation of the above restrictions, the State Historic Preservation Officer may institute a suit to enjoin such violation or for damages by reason of any breach thereof. 3. The above restrictions shall be binding on the parties hereto, their heirs, successors, and assigns, in perpetuity but the State Historic Preservation Officer may, for good cause, modify or cancel any or all of the foregoing restrictions upon application of the grantee, his heirs and assigns. The acceptance of the delivery of this title shall constitute conclusive evidence of the agreement of the grantee to be bound by the conditions, restrictions, and limitations and to perform the obligations herein set forth. � u- � .� 3 d� • �� N � N .,{ .� m � �u 0 O N �x � � � � N � a 0 � ¢ 0 F � 0 �Q £ ti N � ¢ v v .� t� �, � U � rn � ul � � � .� �J �� r-I � U � � .� U