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HomeMy WebLinkAbout1995-041 CA State Historic Carlton Hotel MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ATASCADERO AND THE CALIFORNIA STATE HISTORIC PRESERVATION OFFICER, REGARDING THE REHABILITATION OF THE CARLTON HOTEL, 5995 TRAFFIC WAY, ATASCADERO SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION WHEREAS, the City of Atascadero (City) has determined that the rehabilitation of the Carlton Hotel located at 5995 Traffic Way, Atascadero (undertaking) will have an effect upon a property determined eligible for listing in the National Register of His- toric Places (historic property) , and has consulted with the California State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act ( 16 U. S.C. 470f) ; and WHEREAS, the City, through Title I of the Housing and Com- munity Development Act of 1974 (42 U.S.C. 5301 et. seq. ) (Community Development Block Grant Program) , will assist in the undertaking; and WHEREAS, Travis Development Corporation/Carlton Square, Limited Liability Company, owner/developer, has been invited to concur in this Memorandum of Agreement (Agreement) ; NOW, THEREFORE, the City and the California SHPO agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties . Stipulations The City will ensure that the following measures are carried out: 1 . The City shall ensure that the design of the project is com- patible with the historic and architectural qualities of the Carlton Hotel and is consistent with the recommended approaches for rehabilitation set forth in The Secretary of the Interior' s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Standards) (U. S. Department of the Interior, National Park Service, 1990) , and that the design and specifications for the project are developed in consultation with the SHPO and submitted to the SHPO for approval. Consultation with the SHPO about the design and specifications pursuant to this stipulation shall not be required if the owner/developer applies for Part 2 Certification of the investment tax credit program pursuant to Section 48 (g) of the Internal Revenue Code of 1986 ( IRC) and implements the provisions of stipulation 2, below. Memorandum of Agreement Page Two 2 . The City shall notify the SHPO as soon as practicable if the owner applies for investment tax credits pursuant to the IRC. If the owner applies to NPS for Part 1 Certification and is denied certification, this Agreement will become null and void effective the date of the denial, and the City shall initiate consultation with the SHPO pursuant to 36 CFR 800 .4(d) . For purposes of this Agreement, the review of the rehabilitation plans and specifications shall be undertaken within the context of the IRC if the owner submits a Part 2 Certification to the National Park Service (NPS) . If the rehabilitation project receives Part 2 Certification without conditions from the NPS it shall be deemed to conform to the Standards and will require no further review under this Agreement. The City shall ensure that the SHPO will be provided with a copy of the notice of the Part 2 Certifi- cation. If the Part 2 Certification is approved with conditions, the City shall ensure that the project documents are modified to comply with the conditions . The City shall provide the modified plans to the SHPO for review. If the SHPO agrees that the modified plans satisfy the Part 2 conditions, the rehabilitation project will require no further review under this Agreement. If the owner is denied the Part 2 Certification or unwilling to modify the plans to comply with any conditions to certification, the City shall initiate consultation with the SHPO and Council pursuant to 36 CFR 800 . 5 (e) . 3 . If the City is unable to develop a project design that is compatible with the Standards, and prior to the alteration of the Carlton Hotel, the City shall contact the NPS, Western Region, 600 Harrison Street, Suite 600, San Francisco, CA 94107-1372, to determine the level and kind of recordation that is required for the property. Unless otherwise agreed to by the NPS, the City shall ensure that all documentation is completed and accepted by Historic American Building Survey (HABS)/Historic American Engineer- ing Record (HAER) prior to the alteration, and that copies of this documentation are made available to the SHPO and are on file in the City of Atascadero. 4 . Failure to carry out the terms of this Agreement requires that the City will notify all parties to this Agreement and again request the comments of the Advisory Council on Historic Preservation (Council) in accordance with 36 CFR Part 800 . If the City does not carry out the terms of this Agreement, the City will not take or sanction any action or make any irreversible commitment that would result in an adverse effect to the historic modification or alternatives to the undertaking. ,o, Memorandum of Understanding Page Three 5 . If any of the signatories to this Agreement believes that the terms of the Agreement cannot be carried out, or that an amendment to the terms of the Agreement must be made, that signatory shall immediately notify the other signatories and request consultation to amend this Agreement. The process of amending the Agreement shall be the same as that exer- cised in creating the original Agreement. 6 . Should the SHPO object within 30 days to any actions pro- posed pursuant to this Agreement, the City shall consult with the SHPO to resolve the objection. If the City deter- mines that the objection cannot be resolved, the City shall forward all documentation relevant to the dispute to the Council . Within 30 after receipt of all pertinent documentation, the Council will either: (a) provide the City with recommendations, which the City will take into account in reaching a final decision regarding the dispute; or (b) notify the City that it will comment pursuant to 36 CFR 800 . 6 (b) , and proceed to comment. Any Council comments provided in response to such request will be taken into account by the City in accordance with 36 CFR 800 . 6(c) with reference to the subject of the dispute. Any recommenda- tions or comments provided by the Council will be understood to pertain only to the subject of the dispute; the City' s responsibility to carry out all actions under this Agreement that are not subjects of the dispute will remain unchanged. Execution of this Agreement by the City, the California SHPO, and its subsequent acceptance by the Council and implementation of its terms, evidence that the City has afforded the Council opportunity to comment on the rehabilitation of the Carlton Hotel and its effects on historic properties, and that the City has taken into account the effects of the undertaking on historic properties . CIT% OF ATASCADERO By: Date: 9- 20 - 95 Andrew TakprCa, eity Manager CALIFORNIA STATE HISTORIC PRESERVATION OFFICER b:� By: Date. C Cher'-1-yn W'd 11 State Hist is Pr rvation Officer AQ Memorandum of Understanding Page Four Concur: OWNER/DEVELOPER BDate By: / harles Andes Travis Development Corporation/Carlton Square, Limited Liability Company ACCEPTED FOR THE ADVISORY COUNCIL ON HISTORIC PRESENTATION By. Date: • Robert Bush, Executive Director