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