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92-0527 Various for Farm Colony RESOLUTION CONCURRING IN THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY, CORP OF ENGINEERS, CHICAGO DISTRICT, AND THE ILLINOIS STATE HISTORIC PRESERVATION OFFICE FOR THE FORMER FARM COLONY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to concur in the execution of a Memorandum of Agreement Between the Department of the Army, Corp of Engineers, Chicago District, and the Illinois State Historic Preservation Office on behalf of the City of Elgin to market the structures determined historically significant for adaptive reuse, a copy of which is attached hereto and made a part hereof by reference. George VanDeVoorde, Mayor Presented: May 27 , 1992 Adopted: Vote: Yeas Nays Recorded: Attest : Dolonna Mecum, City Clerk SPEED MESSAGE TO FROM f ' SUBJECT DAT fiftachad.__ P/Case riote- tbaf City re-c-eives onlu cippy fi&houQA i Fo o � ej C�®r enc \,y SIGNED ORIGINAL Wilsondones•ca`b d—•MADE w USA aa9W Dudi-le s MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS CHICAGO DISTRICT AND THE ILLINOIS STATE HISTORIC PRESERVATION OFFICE FOR THE FORMER FARM COLONY, ELGIN STATE HOSPITAL, ELGIN, ILLINOIS WHEREAS, the Department of the Army, Corps of Engineers, Chicago District (CCOE) has determined that the issuance of a permit for wetland removal on the referenced site is an undertaking that will have an effect on the site, a property that is eligible for listing on the National Register of Historic Places and; has consulted with the Illinois Historic Preservation Office (ILSHPO) pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended and its implementing regulations 36 CFR Part 800 "Protection of. Historic Properties" and; WHEREAS, the City of Elgin (Elgin) participated in the consultation and has been invited to concur in this Memorandum of Agreement (MOA) ; NOW, THEREFORE, CCOE and ILSHPO agree that the undertaking shall be implemented in accordance with the following stipulations to take into account the effect of the undertaking on this historic property. Stipulations The CCOE shall ensure that the following measures are carried out: 1. The three existing dormitory structures, kitchen/dining hall/utility plant and water tower along with the associated grounds of the former Farm Colony shall be documented by Elgin in accordance with Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER) standards within one calendar year of signing this MOA. A. Level 1 documentation will be required. Level 2 will be acceptable if original drawings are available. B. Elgin may, through competitive bid, award the recordation contract to a consultant of its choice, provided the consultant is qualified to perform the work and agrees to meet HABS/HAER Standards . C. This documentation must be submitted to and accepted by ILSHPO prior to any disposition of the property. D. A copy of the documentation shall also be deposited with the Elgin Heritage Commission. 2. Elgin shall, in consultation with the ILSHPO, prepare and implement a plan to stabilize and secure each of the former Farm Colony structures-i.e. the three dormitory buildings, and the kitchen/dining hall/utility plant. The water tower and utility plant chimney stack may be disposed per Elgin's plan after they are documented. 3. In consultation with the ILSHPO, Elgin shall prepare a marketing plan for the former Farm Colony structures described in stipulation Two above that shall include the elements outlined in attached appendix "A. " Upon the ILSHPO's agreement with the marketing plan, Elgin shall implement the plan. _ A. Elgin shall review all offers in consultation with the ILSHPO prior to acceptance. B. Elgin shall ensure that transfer of the property incorporates the covenant attached as appendix "B. " C. If no acceptable offer that conforms to the requirements of rehabilitation and maintenance is .received within twenty-four (24 ) months of the plan's implementation Elgin may, with the written approval of the ILSHPO, transfer the property without preservation covenants or otherwise dispose of the property. 4 . Should the CCOE, ILSHPO or Elgin object within 30 days to plans, marketing offers, contracts or any other actions provided for in this agreement or to the manner in which this agreement is being implemented, the CCOE ' shall consult with the objecting party to resolve the objection. If, within fifteen working days the CCOE determines that the objection cannot be resolved, the CCOE shall forward all documentation relevant. to the dispute to the Advisory Council on Historic Preservation (Council) . Within 15 days of receipt of all pertinent documentation, the Council shall: A. Provide the CCOE with recommendations that CCOE will take into account in reaching a final decision regarding the dispute; or r-- B. Notify the CCOE that it will comment pursuant to 36 CFR 800.6(b). and proceed to comment. Any Council comment provided in response to such a request for dispute resolution shall be taken into account by the CCOE in accordance with 800.6(c)2 with reference to the subject of the dispute. Any recommendation or comment provided by the Council pursuant to this stipulation will be understood to pertain only to the subject of the dispute; all responsibilities stipulated under the remainder of this MOA _will be unchanged. 5. Any party to this MOA may request that it be amended, whereupon the parties shall consult in accordance with 36 CFR 800.5(5) . Execution of this Memorandum of Agreement and carrying out its terms evidence that the CCOE has afforded the Advisory Council on Historic Preservation a reasonable opportunity to comment on this proposed undertaking as it affects cultural resources and that the CCOE has taken into. account the effects of its undertaking on these historic properties. CORPS OF ENGINEERS, CH DISTRICT BY: J- 1441 . Date:. 7-17— f Z DAVID M' WED ieutenan Co nel, U.S. Army, District Engin er ILLINOIS STATE HISTORIC PR ERVATION OFFICER BY: G�` �-• Date: CONCUR: C ty Elg By: Date: ACCEPTED for Advisory Council on Historic Preservation BY: Date: APPENDIX A Each of the properties comprising the former Farm Colony structures at the Elgin State Hospital may be marketed separately or in toto. The marketing plan for the structures shall include, but not be limited to the following: 1. An information package about the property, including but not limited to: a. clear, representative photographs of the property; b. a floor plan of each building indicating available square footage; c. a. parcel map; d. information about the property's historic significance; e. information about the property's cost, including the application of Elgin's budgeted demolition costs to the purchase price as an incentive; f. information about any development grants such as Community Development Block Grants, Community Development Assistance Program Grants or any other economic incentives available to the remainder of the larger development; g. information about Federal tax benefits if the complex is placed on the National Register of Historic Places; h. notification of requirements for the inclusion of restrictive covenants in the transfer documents; 2. A distribution list of potential purchasers or transferees. 3-. An advertising plan and schedule. 4. A schedule for receiving and reviewing offers . APPENDIX B In consideration of the conveyance of certain real property, the `.r'.. four former Farm Colony structures: dormitories, and combined kitchen, dining hall and heating plant (insert pertinent building(s) here) associated with the Elgin State Hospital hereinafter referred to as the (insert pertinent building(s) here) , located on McLean Boulevard, in the City of Elgin, County of Kane, State of Illinois: 1) The grantee hereby covenants on behalf of itself, its heirs, successors, and assigns at all times to maintain and preserve the exteriors -of the (insert pertinent building(s) here) in accordance with the recommended approaches of the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (National Park Service, f989) in order to preserve those qualities that make the (insert pertinent building(s) here) eligible for listing on the National Register of .Historic Places. 2) No construction, alteration or rehabilitation shall be undertaken or permitted to be undertaken on the (insert pertinent building(s) here) that would affect the historic architectural features of the (insert pertinent building(s) here) without consultation with and permission of the Illinois State Historic Preservation Officer (ILSHPO) or a fully authorized representative thereof. } 3) The ILSHPO shall be permitted at all reasonable times to inspect the (insert pertinent building(s) here) in order to ascertain if the above conditions are being met. 4) In the event of a violation of this covenant, and in addition to any remedy now or hereafter provided by law, the ILSHPO may, following reasonable notice to the grantee, institute suit to enjoin said violation or to require the restoration of the (insert pertinent building(s) here) . The successful party shall be entitled to recover all costs or expenses incurred in connection with such a suit, including all court costs and attorney's fees. 5) This covenant is binding on the grantee, its heirs, successors and assigns in perpetuity. Restrictions, stipulations and covenants contained herein shall be inserted by the grantee verbatim or by express reference in any deed or other legal instrument by which the grantee divests itself of the fee simple title or any other lesser estate in the. (insert pertinent building(s) here) or any part thereof. 6) The failure of the ILSHPO 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 - use of such right or remedy at any other time. 7) The covenant shall be a binding servitude upon the (insert pertinent building(s) here) and shall be deemed to run with the z land. Execution of this covenant shall constitute conclusive evidence that the grantee agrees to be bound by the foregoing conditions and restrictions and to perform to obligations herein o�_ _zt- -set forth. 8) The ILSHPO may, for good cause, modify or cancel any or all of.dicry ,r.:n' the foregoing restrictions upon application of the grantee, its heirs, successors or assigns. _ h- s T .f Fc ..e he t.'.