HomeMy WebLinkAboutWaterloo Historicc Preservation Commission-Memorandum of Agreement-03.12.2007 3-l; -67
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MEMORANDUM OF AGREEMENT
Between the
Iowa State Historic Preservation Office
and the
City of Waterloo, Iowa
and the
Waterloo Historic Preservation Commission
Regarding the
Demolition of the R-1 and E Buildings and Redevelopment of the Site
400 Westfield Ave., Waterloo, Black Hawk County, Iowa
WHEREAS, the City of Waterloo is a Responsible Entity with respect to environmental
responsibilities for Special Projects appropriations under U.S. Department of Housing and
Urban Development(HUD)regulation 24 CFR 58.2(7)(ii); and
WHEREAS, under a Special Projects appropriation,the City of Waterloo (City)will let and
redevelop the proposed undertaking and has determined that the demolition of the two
attached buildings known as the R-1 and E Buildings, formerly owned by the Deere &
Company, and redevelopment of the site would have an adverse effect on this property,which
is eligible for listing on the National Register of Historic Places(NRHP), and hasconsulted
with the Iowa State Historic Preservation Officer(SHPO)pursuant to 36CFR Part 800
regulations implementing Section 106 of the National Historic Preservation Act(16 USC
470f); and
WHEREAS, the City of Waterloo has invited the Waterloo Historic Preservation
Commission to participate in this Memorandum of Agreement;and
WHEREAS, the consulting parties have agreed that it is in the public interest to expend funds
to implement this project through documentation of the historic property thereby mitigating
the adverse effects of the project;and
WHEREAS, no other resources, historical, architectural or archaeologically eligible for the
National Register will be affected by the proposed project; and
WHEREAS,Native American tribes have been notified and no objection has been raised to
work proposed; and
WHEREAS, the Waterloo Historic Preservation Commission has invited the Grout Museum
of History and Science to tour the buildings and remove for display or exhibit any items it
finds significant and valuable fcr museum purposes.
Buildings R-1 &E, Deere&Co. Westfield
NOW THEREFORE,the City of Waterloo shall ensure that the following terms and
conditions,including the appended recordation plan "John Deere Tractor Co. Buildings R-1
& E,"will be implemented in a timely manner and with adequate resources in compliance
with the National Historic Preservation Act of 1966(16 USC 470).
STIPULATIONS
The City of Waterloo will ensure that the following measures are carried out:
A. Buildings R-1 and E Documentation
1. The City shall document the buildings in accordance with the recordation plan, "John
Deere Tractor Co. Buildings R-1 &E,"attached to this MOA as Appendix A.
2. The City shall carry out this documentation plan,as approved by the SHPO, in a
manner consistent with applicable criteria for meeting the Secretary of Interior's four
standards for architectural and historical documentation(48 FR 44731)and by a
person or firm whose education and professional experience meets the Secretary of the
Interior's Professional Qualification Standards(48 FR 44738-9)for historians.
3. The City may proceed with demolition of the R-1 and E buildings after the SHPO has
approved the photos of them and other field information gathered at the site.
4. The City shall notify the SHPO within 30 days of the demolition of the buildings.
5. The City shall submit the documentation described in Appendix A to the Iowa SHPO
for comment within 24 months of SHPO's approval of the photos and gathered
information. If SHPO does not provide comments within 45 days of receipt, the
documents will be considered final.
6. The City shall provide copies of the final documentation to signatories of this MOA
and to the recipients specified in Appendix A.
B. Unexpected Discovery
Archaeology
If construction work should uncover previously undetected archaeological materials,the City
will cease construction activities involving subsurface disturbances in the area of the resource
and notify the Iowa SHPO and the City of Waterloo Community Development Department of
the discovery and proceed with the following procedure.
1. The Iowa SHPO,or an archaeologist retained by the City that meets the Secretary of
the Interior's Standards for archeology,will immediately inspect the work site and
determine the extent of the affected archaeological resource.Construction work may
continue in the area outside the archaeological resource as defined by the Iowa SHPO,
or by Iowa SHPO in consultation with the City's retained archaeologist.
Buildings R-1 &E, Deere&Co. Weseld 2
2. Within 14 days of the original notification of discovery, the City,in consultation with
the Iowa SHPO, will determine the National Register eligibility of the resource. The
City may extend this 14-day calendar period one time by an additional 7 days by
providing written notice to the Iowa SHPO prior to the expiration date of said 14-day
calendar period.
3. If the resource is determined eligible for the National Register,the City shall submit a
plan for its avoidance,protection,recovery of information,or destruction without data
recovery to Iowa SHPO for review and comment. The City will notify all consulting
parties including interested tribes of the unanticipated discovery and provide the
proposed treatment plan for their consideration. The Iowa SHPO and consulting
parties will have 7 days to provide comments on the proposed treatment plan upon
receipt of the information.
4. Work in the affected area shall resume upon either:
a. the development and implementation of an appropriate data recovery
plan or other recommended mitigation procedures, or
b. the determination by Iowa SI-IPO that the newly located archaeological
materials are not eligible for inclusion in the National Register.
Human Graves
In the event that human remains or burials are encountered during additional archaeological
investigations or construction activities,the City shall proceed with,the following process:
1. Cease work in the area and take appropriate steps to secure the site.
2. Notify the Office of the State Archaeologist,the SHPO, the City of Waterloo
Community Development Department,and the Waterloo Police Department.
3. If the remains appear to be ancient(i.e.,older than 150 years), the state agency
responsible for ancient burials shall have jurisdiction to ensure NAGPRA and the
implementing regulations (43 CFR 10)are observed. The deposition of the remains
will be determined in consultation with the culturally affiliated tribe(s) if known.
4. If the remains appear to be less than 150 years old,the remains may be legally
protected under Iowa Code, Chapter 566, and the Iowa Department of Health will be
notified.
C.Administrative Conditions
1. Modifications, amendments, or termination of this agreement as necessary shall be
accomplished through consultation and written agreement of all the signatories.
2. Disputes regarding the completion of the terms of this agreement shall be resolved by
the signatories. If the signatories cannot agree regarding a dispute, anyone of the
Buildings R-1 &E, Deere& Co. Westfield 3
signatories may request the participation of the Council to assist in resolving the
dispute according to 36 CFR 800.7.
3. The terms of the agreement shall be reviewed to determine if revisions are needed if
its terms are not carried out within five(5)years from the date of its execution.
Execution of this Memorandum of Agreement by the City of Waterloo,the Iowa SHPO,and
the Waterloo Historic Preservation Commission is evidence that the City of Waterloo has
taken into account the effects of the undertaking on historic properties.
Signatories:
By: .rt Mar&h 4 .1067
City of Waterloo Date
By: niula 2 o0 7
Iowa State Hi toric Preservation Office Date
By:
aterloo Historic reservation Commission ate
Buildings R-1 &E, Deere& Co. Westfield 4
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