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HomeMy WebLinkAbout4432 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments PUGET SOUND Building 50 City Clerk MOU $ 02/10/2004 12/31/2007 02/15/2009 GL $ AL $ E&O $ Contract Number 4432 NAVAL SHIPYARD - Ownership - Transfer of File Class LEG 12-1 Insurance Total $ Insurance Review Date Documents moved to Deed File 12/07 LEG 16-1 Parcel C - Harborside Park MEMORANDUM OF AGREEMENT (MOA) Enclosure (1) MEMORANDUM OF AGREEMENT BETWEEN PUGET SOUND NAVAL SHIPYARD AND INTERMEDIATE MAINTENANCE FACILITY, THE CITY OF BREMERTON, THE WASHINGTON STATE HISTORIC PRESERVATION OFFICE, AND THE NATIONAL PARK SERVICE REGARDING THE TRANSFER OF OWNERSHIP OF BUILDING 50 AND SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION PURSUANT TO 36 CFR PART 800.10 WHEREAS, Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS & IMF), an agency of the Department of the Navy, has determined to move and transfer ownership of Building 50 to the City of Bremerton. WHEREAS, Building 50 is a contributing property to the Puget Sound Naval Shipyard National Historic Landmark District (NHLD) National Register Number 88003053; WHEREAS, the movement and transfer of ownership of Building 50 will have an effect upon the NHLD; WHEREAS, PSNS & IMF has consulted with the Washington State Historic Preservation Officer (SHPO) PURSUANT to 36 CFR Part 800 regulations implementlng Section 106 of the -National Historic Preservation Act (16 USC Part 470f); WHEREAS, PSNS & IMF has notified the National Park Service (NPS), Department of Interior and invited the NPS to participate in consultation PURSUANT to 36 CFR Part 800.10(c); NOW, THEREFORE, PSNS & IMF, the Washington SHPO, and the NPS Columbia Cascade Office agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking upon Building 50 and the NHLD. STIPULATIONS The Puget Sound Naval Shipyard and Intermediate Maintenance Facility will ensure the following measures are carried out: 1. Documentation of Current Condition of Building The PSNS & IMF will document the current condition and significant exterior and interior features of the building. This documentation will include 4" x 6", black and white, 35 mm photographs of exterior views, exterior details, interior views and interior details. A narrative that will describe the alterations to the original building will supplement the photographs. Copies of the documentation will be distributed to the State of Washington, Office of Archaeology and Historic Preservation (OAHP) and appropriate local archives. Unless otherwise agreed to by the NPS, PSNS & IMF shall ensure that all documentation will be completed before the building is moved and transferred. 2. Preservation Covenant The PSNS & IMF will ensure that the following preservation covenant will be included in the transfer document and recorded in the real estate records of Kitsap County, State of Washington, for the transfer of Building 50 to ensure its preservation. PSNS & IMF shall notify SHPO and NPS, in writing, no later than thirty (30) days following recording of the transfer instrument. (a) In consideration of the conveyance of certain real property, hereinafter referred i~o a~ th~ former Building 50, the City of Bremerton hereby covenants on behalf of itself, it's heirs, successors, and assigns at all times to the Washington SHPO and the NPS to preserve and maintain the former Building 50 in a manner that preserves the building in accordance with the recommended approaches in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (National Park Service, 1992) in order to preserve and enhance those qualities that make Building 50 a national landmark property. (b) No construction, alteration, remodeling or any other work shall be undertaken or permitted to be undertaken at the former Building 50, other than minor repairs and routine maintenance, without the express prior written permission of the NPS and the Washington SHPO, signed by those individuals or a fully authorized representative thereof. (c) The Washington SHPO and the NPS, or a fully authorized representative thereof shall be permitted at all reasonable times to inspect the former Building 50 in order to 'ascertain if the above conditions are being observed. Prior to said inspection, proper written notification of intent to inspect will be issued to the Grantee. (d) This covenant is binding on the City of Bremerton, it's heirs, successors and assigns in perpetuity. Restriction, stipulations, and covenants contained herein shall be incorporated into any deed or other legal instrument by which she/he/they/it divests her/him/itself/themselves of either the fee simple title or any other lesser estate in the former Building 50 or any part thereof. (e) The failure of the Washington SHPO to exercise any right or remedy granted under this instrument shall not have the effect of waiving or limiting the exercise of any other right or remedy or the use of such right or remedy at any other time. (f) The Washington SHPO reserves the right to assign its responsibilities under this covenant to a third party. The third party may be, but is not limited to, another government entity or a non-profit organization. This covenant shaT] be binding servitude upon the real property Lhat includes Lhe foLmer Building 50 and sh~ll be deemed to run with the land. Execution of this covenant shall constitute conclusive evidence that the City of Bremerton agrees to be bound by the foregoing conditions and restriction and to perform to obligations herein set forth. 3. Dispute Resolution Should the Washington SHPO or the NPS object to any plans provided for its review pursuant to this agreement, the City of Bremerton shall consult with the Washington SHPO and the NPS to resolve the objection. The responsibility of the City of Bremerton to carry out all actions under this agreement that are not subjects of this dispute remain unchanged. 4. Amendments 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 party to develop an amendment to this MOA pursuant to 36 CFR 800.6. This amendment will be effective on the data a copy signed by all of the original signatories is filed with the Council. If the signatories cannot agree to appropriate terms to amend the MOA, any signatory may terminate the agreement in accordance with Stipulation 5 below. 5. Termination If an MOA is not amended following the consultation set out in Stipulation 4, it may be terminated by any signatory. Within 30 days following termination, PSNS & IMF shall notify the Washington SHPO if it will initiate consultation to execute an MOA under 36 CFR 800.6 or request the comments of the Council under 36 CFR 800.7 and proceed accordingly. 6. Expiration of Agreement This agreement shall expire if its terms are not carried out within three years from the date of execution, unless the signatories agree in writing to an extension for fulfilling its terms. Execution of this Memorandum of Agreement by Puget Sound Naval Shipyard and Intermediate Maintenance Facility, the City of Bremerton, the Washington State Historic Preservation Officer, and the National Park Service, and implementation of its terms, evidences that PSNS & IMF has addressed the transfer out of federal ownership, the former Building 50 and its effects upon a national landmark property and the PSNS & IMF has taken into account the effects of the undertaking on historic properties. PUGET SOUND NAVAL SHIPYARD and INTERMEDIATE MAINTENANCE FACILITY, DEPAF NT OF THE NAVY WASHINGTON S~ HISTORIC PRESERVATION OFFICE By: A1 ly~n~r//~-oo ks~ Date: ) ~/~/~ By: 4~_~ [~/ · Date: /' ~1~- Od Cary Bozeman, Mayor NATIONAL PARK SERVICE, DEPARMENT OF THE INTERIOR