HomeMy WebLinkAboutExhibit APROGRAMMATIC AGREEMENT
FOR
FEDERAL FUNDED PROGRAM UNDERTAKINGS
This Agreement i3made between the CITY C)FMIAMI, Florida '8Florida municipality,
(hereafter "City"), and the State of Florida, Department of State, STATE HISTORIC
PRESERVATION OFFICE, /hereaft8r^8HP{}^\. for the purpose of establishing programmatic
approaches for complying with Section 106 of the National Historic Preservation Act of 1966, as
amended, (1OUnited States Code (^U8C^)G 470D'8Samended, and 8Sallowed under
FSgU|BtiOn8 at 36 Code of Federal F{ggU|8iiOnS (''CFR^)CFF!§ 800.13' with respect to individual
Undertakings implemented within the City.
VVHEREAS, the City Orother participants in the development pnJCeSS' including public or
private, nonprofit or for-profit 8ntiU8S, Urany 0ftheir contractors or agents ' may undertake
activities that include but are not limited to, 3CqUiSitiOO' land -banking, |88SiDg' repair,
F8h8bi|if8tiOO. FeDOV8tiDO, improvement, dernO|iLiOn. COnYenSiOD' and new CODStFuCtiUO Of
n3Sid8Dti8| and non-residential properties, structures Or f8Ci|ih8S. each Of which is an
undertaking (''UDdSrt8king^)8Sdefined pursuant LO30C.F.F(88OO.10;and
VVHEREAS, The City serves as the responsible entity for the HUD -funded pFOQr@OOS
under federal and state St8iUt8S that authorize HU[) LO provide for assumption of environmental
responsibilities by recipients OfHUD assistance and other responsible entities, in 8CCOrd8nC8
with HUD's Environmental Review P[OC8dU[eS' 24 CFR Part 58` published in the F8d8[8|
Register ODApril 30' 1996' and 88 may be amended from time tOtime; and
WHEREAS, the Federal, State and City gOVe[D[DeDtS have deLB[nOiD8d that
Undertakings may have an effect On properties included in or eligible for iOduSiOD in the
National Register of Historic Places and has consulted with the SHPO and the Advisory Council
OOHistoric Preservation (hereinafter "ACHP'') pursuant tO3OC.F.R. §8OO.14;and
WHEREAS, the {|i|v has conducted City-wide historic StFU{tUFeS and building surveys;
and has defined the boundaries Of the City's historic districts, as well as individual historic
r8SOUrCeS; and
WHEREAS, the City is 8 Certified LOC8| Government (CLG) UDd8[ Section 101 (8)/C\ Of
the NGfiOn3| Historic P[8S8[v@tiOD Act as amended with qualified p8[SOOD9| in its Planning
Department, Preservation Division; and
WHEREAS, the City has @ fU|| time Historic Preservation staff Of three (3) fU|| time
8Dlp|Oy88S. one Ofwhom iSaqualified archaeologist, and Historic Preservation Board (Board)
with 8 membership of nine (S) permanent members and One (1) alternate member. The City
through its historic p[8S8[Y8UOO staff (hereafter ''St8Dff"). and the nl8nnb8[S Of the Historic
P[eSBn/8tiOD Board, (h8re@ft8[ "BO8rd^), provides p[Of8SSiOO@| services to CODdUCt city-wide
DlODiLO[ing Of historic buildings and r8SOUrCe3, review projects with hiStO[iC@| and 8[CheD|UgiC8|
significance, and d8L8rrniOe historic V8|U8 for all 8CtiViii8S within the jurisdiction of the City; and
WHEREAS, The City, SHP(} and ACHP have determined that the eX8CUtiOO Of 8
Programmatic Agreement in accordance with 36 CFR Part 8O0will expedite the City's fulfillment
of its responsibilities as a recipient and administrator of Federal Funds;
NOW THEREFORE' the City, GHPO. and ACHPagree that the Programs shall be
administered in 8CCOnd3nC8 with the fOUOvvDg stipulations to S8dnfv the City's Section 105
responsibilities for all individual undertaking Ofthe Programs.
The City shall ensure that the following measures are carried out:
A. The City shall ensure that its HiSk]hC Preservation OiViSiOD staff includes at least two
(2) full time 8[np|Oy8eS with p[OfeSSiOn8| qu8|UiC8bOnS in architectural history, history
8Dd/O[ historic orChit8CfUn8' as specified in the Secretary Ofthe |OtBriO['S Pn]fSSSiOD@|
(]U8|ifiC8ti0DG Standards, 36 CFR Part 61 (hereinafter "Certified Staff").
B. The City Sh8U 8OSuF8 that its Certified Staff Orconsultant
8rDp|Oy8e with prOf8SSiOD@| qu8|Uic8UoDS in 8rCh8eO|OQy
administer 8pp|iC@tiODS and field r8vi8vvS for existing
archaeological resources.
includes 8Lleast one M\
03 [8V8vv' iOSp8Ct' and
and proposed pO3Sib|8
C. The City shall 8nSUnB that all historic preservation vvOdk C8Oi8d out pursuant to this
Agreement is carried out by or under the direct supervision of Certified Staff, with the
responsibility to review all Undertakings covered by this Ag[Se[OeOL' determine
substantial CODlp|i8nCB with the Secretary Of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings /h8neiD8ft8r
^Bt8Dd8rdS^\' consult with the SHP[) as Deeded' and [nOniiOr project work. |fth8 Qty
does not have Certified Staff or staff is reduced, the City shall consult with the SHPO
in all C88e8' Un|8SS an activity is specifically determined to be 8XenOpt. as set forth in
Stipulation V.
D. The City Sh8U submit an 8ODU8| report notifying the SHPO of the Staff that the City
intends to designate full time to administer and irDp|8DleOi this AoneBn0enL The
5HP{} Sh8U evaluate designated Staff with respect to training and experience and, if
appropriate, will certify Lh8nn for making d818[nOiOatiODS Of eligibility and effect and
applying the Standards. City Staff shall bere-certified annually.
E. If the City experiences 8 staff vacancy, 8 COOSUb8Dt approved by the SHPC) may be
utilized to continue to comply with this Agreement.
F. The City ShBU Onhfv the 8HP(} Of any proposed staffing changes Or v8C8nCi6S
immediately. If the City does not have Certified Staff in place Or if the SHPO does
not certify any City Staff person or consultant, then this Agreement will b8cODlS DU||
and void and the City shall iDSi88d comply with 36 CFR 800.4 through 800.6 with
regard to individual Undertakings covered by this Programmatic Agreement, except
as provided by paragraph (E) of this section.
11 N 0 0 0 11111114 kq MIMI weler, L &1111 k r-.1 1101 , It
When the City administers Programs, or serves as the responsible entity for grant
recipients under Programs, that are funded by HUD and for which HUD provides for the
City to assume HUD's environmental review responsibility, the City shall follow the
procedures outlined in 24 CFR Part 58 and HUD Notice CPD -12-006.
A. The Area of Potential Effects (APE) for undertakings covered by this Agreement shall
be limited to the legal lot lines of a property when the Program activity consists
exclusively of rehabilitating a property's interior or exterior features except when the
project is located in a National Register -listed or eligible historic district.
B. The APE for general construction and installation of infrastructure, when the project
is located in a National Register -listed or eligible historic district shall be as follows:
1. Water, sewer, and any other utility lines; the APE shall be the trench of the water,
sewer, and other utility lines.
2. Curb cuts for Americans with Disabilities Act (ADA) compliance; the actual curb
cut area under construction shall be the APE.
3. Pavements; the APE shall be the pavement structure and pavement base,
4. For all other infrastructure improvements, the APE shall be analogous in
purpose, structure, and location to the APE for those improvements listed in
subsections 1 through 3 above.
In all other cases, Certified Staff shall determine and document the APE, in accordance
with 36 CFR Part 800.16(d).
All properties listed in the National Register of Historic Places, contributing properties in
listed or eligible National Register historic districts, or newly identified historic properties
or districts determined by Certified Staff to be eligible for the National Register shall be
treated as resources covered in the stipulations of this Agreement. In the event that the
City is unable to come to a determination on whether a property is a contributing element
in a historic district and/or eligible for the National Register, the City will forward all
documentation to the SHPO for evaluation in accordance with 36 CFR 800.
The City, through its Certified Staff, shall review the data supplied by the City's
Florida Master Site File Forms for all districts, sites, buildings, structures and
objects (hereafter "properties") that meet the criteria for listing in the National
Register of Historic Places (at 36 CFR §60.4). The City shall review the sites
wherever they are located within the boundaries of targeted priority,
neighborhoods, as well as other project areas and sites slated for Program
8CUViii8S.
NGVV SUrV8yS and determinations Sh3U be Q]OdUCked in 8CCOnd8DCe with
"Archaeology and Historic PneSerV8dOD: Secretary Ofthe Interior's Standards and
GUid8|inSS^, the '`|deDiifiC8tiOD Of Properties, G8Den3|^ (@t 30 CFR Part 80,
Appendix 1), and Chapter 1Ar4O' Florida Administrative Code and will make use
of any pnBviOUS historic reSOUFCe survey Dl8t8[i8| 8v8i|8b|8. The new r8SU|L Of
new SU[V8yS, including the opinion Of the City and the Certified Staff, as
supported by surveyed data, will be placed On the Florida Master Site File Forms.
O. Regarding National Register eligibility of potential historic districts within the
targeted priority neighborhoods or other project areas SU[v8ved' the City shall
forward all studies and documentation to the SHPO for review and final approval.
4. In the event that the City and the 8HPO CBDnOt agree upon the 8|iQibi|Uv Of a
prOp8rtv. Or ifACHP or the Secretary of the Interior SO requests, the City Sh8U
request a fOr0B| determination Of eligibility from the keeper Of the N8ti003|
Register inaccordance with 3OCFR GOU0.4/C\(4).
Properties that may be affected by the Qh/S programs will be reviewed by the
Qh/S Certified Staff; inconsultation with the N8dOn8| Register Criteria. The City
shall fORN8Fd the nSSU|t3 of the review to the SHP0 for eV8|U@t|On. If the SHP[J'3
opinion is not [8Dde[8d within 30 days Of SHP{) n3C8ip1 Of the SUbFDiS3iOD Of
adequate dOCU08nt8tiOO, it will be assumed that the SHPD is in agreement with
the City's determination of eligibility.
2. P[OpSrh8S that are determined to meet the NGiOOG| Register Criteria will be
considered and treated as eligible for inclusion in the N8hOn8| Register DfHistoric
P|8C9S.
If the City and 8HP(J C8nOOt 8Q[Se as LO whether @ property r088ts the N8dOOB|
Register Cht8h8. or the ACHP Or the Secretary of the Interior SO requests, the
City 3h8U request 8 formal determination Of eligibility from the Keeper Of the
National Register in accordance with 36 CFR §800.4(c)(4).
4. The [}ih/ Sh8U keep 8 public record Of all dB&erDiD8UODS. and supportive
m8tSh8|S of the r88SOOS why any property dODS or dO8S not appear to meet the
Criteria, and 3h8|| forward 8 copy Of this rBCO[d to the SHPO for review upon
r8qU8Sl.
C. DOCUMENTATION STANDARDS
The City Sh8U 8nSUr8 that any dBterDiO8bOO by Certified Staff as to whether
pnDp8dv is hiSh]hC' for pu[pOSOS of this 8gn88rnent. is supported by SUffiCieDi
documentation and data tOenable any reviewing parties to understand its basis
under the applicable regulations.
2. The City may use documentation prepared to comply with other laws, such as
the N8dOn3| EOvin}nn08nL8| Policy Act (NEPA), if such dOCuDl8Ot8bOD meets the
purposes and requirements of this oqr8erneOt pursuant to 30 CFR Q800.8(C) and
state and local law.
3. The City Sh@U withhold from public d|SC|OSUn8 information about the kznGtOn.
Ch8r@Ci8r. Or ownership of an hiSLOhC property Or 8rCh8mO|OgiC8| site when
diSdOSUrH may cause 8 significant invasion of privacy; risk harm to the F8SOU[C8;
Or impede the use of tF8diUOn8| religious site by practitioners.
4. The City shall Send 8 copy Ofany modification to any site on the Florida M@She[
Site File to the Florida Division of Historical Resources.
V. EXEMPT ACTIVITIES THAT HAVE LIMITED POTENTIAL TO AFFECT HISTORIC
PRESERVATION
Because the potential 8ffBCtS Of certain Undertakings upon hiS\Oho properties are
fOnSSee8b|B. likely minimal, Ornot adverse, the following Undertakings proposed by the
City are considered n]Udne and may be approved by Certified Staff without further
consultation with the SHP[) provided the proposed activities are consistent with the
Standards.
1. Repair Or n3p|8cenn8ni Of 8|8CthC@[ plumbing, h88UOg and veOU|8UOD systems or
their CODlpOOentS, when OV StrUCtU[8| 8|te[8dOn is involved. This will include
repair Or [ep|3Cem8OL Of 8|8CthC@| p8n8|S' breakers, circuits, switches,
receptacles and fixtUrHS, vva[e[ heaters, heating vents, f|OO[ fU[O8S8S. VV8U
h88t8[S. C8D<r8| heat systems, gas lines;
2. Emergency repair of roof leaks; and
3. Miscellaneous repairs to include only: temporary repairs to floor framing Or
flooring; t8nnpO[8ry repair of falling ceiling COvehOQS; temporary bracing or
shoring of structural rneDlb8rS to prevent CO||@pSB; in-kind repairs Of vvind0vvS.
exterior doors and porch floors, columns and steps.
B. EXTERIOR REHABILITATION ACTIVITIES
1. Retention and/or replacement in-kind of wood siding and cornice in-kind;
2. Scraping, caulking, weather-stripping, re -glazing, and repairing exterior surfaces;
3. Masonry repair using Ol3teh8|S' DlOrt8[ CODlpOShUOO' CO|Or, joint profile, and width
which match the historic material;
4. Repair Or r8p|8C8nO8Ot in-kind Of asphalt shingle [OUfS; F8p8i[ or [8p|8CSnOeOt in-
kind of metal [OOfS; repair O[replacement in-kind Ofclay tile n}OfS; replacement of
structural roof components O[decking;
5. Repair or replacement in-kind of historic attic vents in original openings or
iDStaU@hoD Ofnew vents painted to nOaiCh gable;
O. Replacement Of window sash, glass and hardware in-kind; repair Or in-kind
replacement Ofdamaged Ornon-operable transoms;
7. |nS[8||aLiOD Of StOnn vviOdOvVS anodized Or painted to Dl@tCh UiDl, with horizontal
divisions that nn8tCh SXiStiOQ divisions in vviOdOvvS;
0. Replacement Ofexterior doors in-kind when necessary;
9. |03t8||3hOD of plain storm dOO[S, anodized or painted to DlaLCh existing trim;
1O.Removing non -historic rear additions;
11. Repair OF replacement in -hind of vvOOd CO|UDlnS and porch elements such as
ceilings, lattice VV8US' f|OOrS' rails and spindles; repair or Fep|8CerODOt of existing
porch screening when necessary;
12. Repair or r8p|8C8rD8nt in-kind of foundation and foundation vents in-kind; cutting
new h]uOd8UVD vents and installing nlet8|/mx}Od aCCeS8 dOO[3 in COnC98|ed
|OC8tiOnS VVh8rB possible, and repair or r8p|8Cen08nt in-kind Of floor joists and
supports;
13. Rebuilding of wheelchair ramps;
14�|DSt3U@LiOO Of exterior decorative Or security lights, provided DO permanent
B|t8r@UOO of original e|eDleDfS or features contributing to the StrU[tUn8'S historical
significance occurs;
15.Repair D[ in-kind replacement (installation of new element that duplicates the
rn8t8hB[ dimensions, configuration and detailing of O[igiOB| 9|8OleDU Of exterior
fe8tUFe8. such as doors, VYiOdDVVS' porches and architectural details;
16. Emergency or required securing of property by boarding over window and door
openings;
17�Rep8ir Of masonry fOUOd3tiOnS' Vv8US Or ChiDlD8yS by 1UCk pOiOUDQ using
matching nlOrt@[ completion, CO|Or. joint width and profile; [eolOV8| Of secondary
deteriorated chimneys; and
18. yWiVO[ Code Enforcement violations that meet the criteria 8bOVB.
C. INTERIOR REHABILITATION ACTIVITIES
1. Repair, installation Or nBp|@CenO8nt Of 8|8Ci[iCB| systems, heating Sy5te0S'
plumbing, air conditioning, fire protection, v8Oti|8bOD O[similar systems; provided
OO permanent @|teF8UOO Of original 8|8Dl8DtS or features contributing to the
Si[UCtUFe's historical significance OcCU[S;
2. Interior VviOdOvv Or dOD[ security bars or g8t8S' provided no pB[nl8OSOt alteration
Of original e|ernents Or features contributing to the structure's historical
significance occurs;
3. VVe8therizatiOn 8CtiViti8S, including weather-stripping, n)Of inSu|3dUn' and
iDSU|8UOD of basements and interior walls;
.
4. R8p|8Cern8nt of original lighting fixtures for safety or efficiency;
5. R8p|3CRnn8nt Of severely d8Dl@gOd interior doors with rep|8C8rOeni doors similar
in design;
O. Repair of wood OOOrS; installation of new floor covering except for vinyl CDvehnQS
Onwood floors in nn8iO living areas, hallways and bedrooms;
7. Repair Of plaster vv8||G and ceilings by patching p|8St8[ where possible, or
replacing with new drywall Surf8C8S and painting where repair is not feasible;
8. Re -using Or replacing in-kind molding or Dl8nte|5 in their OFigiD3| |OC8tiOD, where
new vv8|| and ceiling SUrf8Ce3 are iO3t8||8d' Vvh8ne rep|8Ce[neDi is needed Or
where new openings occur;
9. |DSt8U@tiOO Of vvOOd' Mb8rg|8SS Or plastic composite Dl8te[i3| paneled doors in
principal rooms where original doors are damaged ormissing;
10. Installation Of simple standard light fixtures to nap|aC8 missing Or nonworking
interior and exterior light fixtures;
11. In3t8||8bOn Of new kitchen C8biOStS and COUOt8rtDpS; iDSt@||Q[iOO Of new b8thn}O[n
fixtures; and
12. Installation Ofnew ceiling opening and pull-down attic steps; reDlOV@| and SS8|iDg
Up of obsolete pull-down attic steps.
D. SITE IMPROVEMENTS AND PUBLIC IMPROVEMENTS
The following items may be a||Ovv8d after review by Certified Staff, as |ODg as, the
undertaking does not impact the tree canopy Orarchaeological zone:
1. |nSt8U8tiDn. repair or nep|8C8n0eDt in-kind Of S8vV9r and water, g8S, e|eC\hC'
phone, cable lines and associated road and yard,
2. Repair Or r8p|8Q3[n8nt in-kind Of Q]nCr8t8 vv8|kS. driY8VV@yS. CUd]S. and sea
vv@US;
3. Replacement Orinstallation Ofpark and p|8ygn]UOd equipment, |8OdSC8piDg' and
facilities, eXC|UdiDQ buildings;
4. R8p|@QerOert or iOSt3U@tiOO Of traffic signals, street D@[ne and regulatory signage,
Installation Of temporary COOStRJCdOD-n8|@ted b8DiSrS. such as screening or
temporary fences;
0. Repair or nap|8Cennent in -hind Of fences or new fences, retaining vv8US, and
landscaping per individual historic district guidelines as appropriate; and
7. Installation or replacement in-kind of emergency systems when necessary.
V1. TREATMENT OF HISTORIC PROPERTIES
The City programs 8dOOiOiSƒ8[ed under this 8gre8nO8nL Sh8U be reviewed by Certified
Staff to determine whether pnDpOSBd undertaking has the potential to cause 8ff8CiS OD
historic properties. Individual properties that are determined eligible for Or listed in the
NotiDDo| Register Or contributing properties in listed or eligible National Register historic
diStriCtS. Or n8vv|y identified historic properties or districts determined by Certified Staff tO
be eligible for the NodOn8| Register shall be treated in the following manner.
1. Rehabilitation Of historic properties shall be done in 8CCOrd8nC8 with the
Si8nd8nj3 and other n3COrnrnend8d federal, St8t8. and |OC@| [8h3bi|it8dOO
standards and gUid8|iD8S. and per |OC8| historic district guidelines;
2. Pre -project dOCUrO8nt8tiOD /8.g. work vvrite-UpG, bid doCunn8DtS' photographs,
architectural p|8nS\ will be pn3p3[8d by the appropriate COOSU|t8Ot or Applicant
with responsibility for the project, in COOSu|taUOn with Certified Staff or with the
other qualified Consultants approved byCertified Staff 8Sappropriate;
Certified Staff shall review the rehabilitation p|8DS and iSSUB 8 Letter OfApproval
verifying that the project will h@vO DO effect O[will have no adverse eff8Ci by
virtue of its meeting the Standards. No work may begin On the project until SUCh 8
Letter OfApproval has been issued by the Certified Staff. All work Sh@U CODfOnO
to the prOpOS3| as approved, and to the conditions stated in the Letter Of
Approval. Rehabilitation accomplished in this manner Sh8U have DO @dV8[Se
effect OO historic properties and DO further COOSU|i8dOn with SHPC} will be
D8CBSS@[y.
4. The dOCU0eDt@d0D of each project Sh8U be retained by Certified Staff as part of
the permanent project files @nd Sh8U be [8vi8VV8d by the 8HP{} upon request Or
@Spart Ofthe annual report.
5. |fthe Standards cannot Le met, Orthe proposed treatment Ofthe property iGnot
r8h8bi|K@bOO, or if the cOOhSrnp|8t8d 8CdOn could have an adverse effect On
properties eligible for the N8tiOO@| RegiStS[, then prior to taking any action the
City shall consult with the SHP[) and initiate the prOD8dUr83 set forth at 36 CFR
OOO.
1. New construction within or immediately adjacent to historic districts or adjacent to
individually eligible or listed historic r8SOurC8S will be designed to adhere to the
Standards and to be PSSp0OSive to the Ove[8U character Of the neighboring
historic properties in terms Of height' SC@|9` Dl8SSing. S8tb8Ck. rn8tSri8|S and
details. Preliminary plans Sh8|| be SUbnniU8d to the Certified Staff for review and
approval. If the Certified Staff determines that the plans are COnnp8iib|e with the
historic pn]perty, they will be sent to the SHPOfor review. The final design Sh8U
be consistent with the preliminary plans approved and modified to address any
necO[nnnendahOnS by the SHP{}. The 8HPC) Sh8|| provide written
reCODln0end@dODS within thirtv(3O) days. If no comments are received, it will be
assumed that the plans are acceptable [Othe SHPO. |fthe Standards cannot be
rn8L or if the project COU|d have an adverse effect OO historic p[OpSrti8S, then prior
to taking any action the City Sh8|| COnSU|t with the 8HPC) and initiate the
procedures set forth @[36CFR §8OU.O.
2. The design of infill COnStnJCtiOn On p8[C8|S VVhSn8 historic properties have been
demolished by the Qh/ under the terms of this Programmatic AoFge0eDt' or UO
v8C@O[ parcels within historic districts, Sh8U adhere to the Standards and must be
developed in COOSU|tGtiOD with the SHP0. The budget, gO@|3' and needs of the
[ed8w8|OprO8Ot area Sh@U be taken into COOSid8[adUD by the SHP{} as part of the
review. Once the 8HPD has approved @ prototype(s) for an area, Certified Staff
may approve subsequent new construction projects in the S8rne area using the
same plan, without further SHPOreview.
3. Additions to hiSLOhC buildings Or D0nthbUdnQ buildings within historic districts
should all adhere to the Standards and Gh8U be substantially consistent with
gUidB|iO8S Of the N8U003| Park Service's P[eS8[v8U0D Brief #14, "New Exterior
Additions to Historic Buildings: Preservation Concerns." Plans for such additions
will be reviewed and approved by Certified Staff to ensure consistency with those
Handicapped accessibility projects undertaken by the City to COOOp|y with the
Americans with Disabilities Act (7\DA^)and other local and federal [8qui[S0eOtS
shall follow these guidelines:
1. The City Sh8U eXp|DP3 all alternative DlBthOdS to provide handicapped
8CC8S3ibi|itv to hiSiOhC buildings COnSiSt8Dt with the Secretary Of |ni8hOr'S
5t8Od@ndS, National Park Service Pr8S8[V@tiOO Brief # 32' "Making Historic
Properties ACCeSSib|9^. and the Department Of the Interior Report, ^ACC8SS to
Historic Buildings for the Disabled: Suggestions for P|8DOiOg and
2. TO the extent feasible, handicapped 8CC8SSibi|hv features /8.g. [8rOpS and
e|8V8tDrS\ Sh@U not be |OC@t8d On primary S|eV@tiOnS Of historic buildings and
Gh8U not rgSu|i in the reDlOV@| Of significant historic 3[Chi[8Ctur8| fe8\un8S or
[D8te[i8|S.
3. Final plans and SD8CifiC@tOOS for handicapped @CC8SSibi|hv projects shall be
guidelines. If the Standards O@OOOt be nlEt or if the project COV|d have an adverse
effect OO historic properties, then prior to taking any action the City shall consult
with the SHPC)and initiate the procedures set forth 8t3OCFR §800.0.
A contributing building within 8 historic district or an individually eligible Or listed
building may be DlOYGd to 8 new Site only if absolutely necessary and only when
Certified Staff determines that FedDv8|Op08Dt @CLiViheS provide no other
alternative than the removal ofsuch building. The new location must b8approved
by the 8HP0 and ShOU|d not be more than one and 8 half miles from the original
|OC@UOn of the property. If the SHPD ON8CtS to the proposed 2|terD8Uv8 site, ih8D
prior iotaking any action the City shall consult with the 8HPC} and initiate the
procedures set forth 8t30CFR §8OO.O.
2. The City Sh8U 8nSUrB that properties are moved by qUG|Ui8d OOOvSrS in
8CCOrd@nQe with 8pprO8Ch8S recommended in the "Moving Historic BUi|dingS^
Report (John Dbgd Curtis, 1979\ Within ninety (90) days after the move, the
City. in CDOSu|tahOn with the SHP(}. Sh8U Fe-8V8|U@te the eligibility of the property
for the N@UOOg| Register of Historic M8C8S.
Site irnprnv8rn8ntS and public iDlprOv8Dl9Dt projects within historic districts
including Sid6vv8|k iOlpnJvennSOts. repaving of streets, iDGt8U8UOO of landscaping,
street lighting and Stn8eL furniture and other iOfr@St[UC\UF8 iOlprOYernBntS 8h8||
adhere to the Secretary Of the Interior's Standards and 8h8|| be designed to
ensure that Ch8r8C18pd8fiDiOg e|8nO8VtS are preserved through repair Or
r8p|8Ce0eO[ in-kind. Any new Ol8t8ri8|S Or fS8tUr8S introduced into 8 historic
district will be responsive to the Ch8[8Cf8[ of that district.
2. Final p|8OS and specifications for site and public iDlprOmsrn8Ot projects Sh8U be
reviewed and approved by Certified Staff if they are determined to nl89L the
Standards. If the Standards C@OnOi be rn8t Or if the project could have an
adverse 8ff8Ct on historic properties, then prior to taking any action the City Bh8||
consult with the SHPO and initiate the procedures set forth at 36 CFR §800.6.
NO d6rnO|ihoD within designated Historic Districts Or individually designated historic
StrUCtU[eS may proceed until the Historic PneSe[v8UOO Certified Staff has iSSU8d 8
Certificate Of Appropriateness for Demolition with an @CCO0p@OyiDg Historic and
Environmental Preservation Board (hereinafter "BO8rd'')Resolution.
The City may proceed with the demolition of non -historic properties or non-contributing
buildings located within Historic OiSthC1G without further F8vi8VV Of the SHP{}. The City
nnUSt retain dOCUDl8Dt8tiOO of all such d8Dl0U\iODS in its project files.
-IIIIIIIIIIIIIIINT
L& 112.0440TOOFT11111JOW4XV200 "MWEV51*14
For the purpose of remedying emergency conditions determined to be dangerous
to life, health or property, nothing contained herein shall prevent the making of
any temporary construction, reconstruction or other repairs to a property,
structure, improvement or site that is listed or eligible for listing in the NRHP
within the City, pursuant to an order of a government agency or a court of
competent jurisdiction.
2. The owner of a designated or eligible for designation property, structure,
improvement or site damaged by fire or natural calamity shall be permitted to
stabilize the property immediately without Board approval, and to rehabilitate it
later under the normal review procedures.
In the event that the City determines that emergency demolition of a historic
property or contributing property within a historic district is required to comply
with local regulations and to avoid an imminent threat to the health and safety of
residents, the City shall forward documentation to the SHPO via email, express
mail or facsimile with a request for comments within five (5) days. The
documentation shall include a copy of the order requiring emergency demolition
(within seven days), photographs of the property and the Florida Master Site File
Form or other documentation regarding the property's eligibility for the National
Register of Historic Places. The SHPO shall notify the City in writing of its
findings and any required mitigation measures (e.g. recordation, additional
photographic documentation, architectural salvage, etc.).
The demolition of any 50 years old or older building, structure, improvement or
site may occur pursuant to an order of a government agency or a court of
competent jurisdiction or pursuant to an approved application for a Certificate of
Appropriateness for Demolition by the Board.
2. Government agencies having the authority to demolish unsafe structures shall
request a Certificate of Appropriateness for Demolition from the Board prior to
placing any historic resource or affected undertaking on an official agenda of the
Unsafe Structures Board.
3. Nothing in this section shall prohibit a government agency from entering an order
requiring a 50 -year old or older property to be secured.
4. No permit for voluntary demolition of a designated or eligible for designation
property, structure, improvement, or site shall be issued to the owner(s) thereof
until an application for a Certificate of Appropriateness for Demolition has been
submitted and approved by the Board.
The refusal by the Board to grant a Certificate of Appropriateness for Demolition
shall be evidenced by a written document detailing the public interest in
preserving such property. A copy of this document shall be sent to the SHPO for
evaluation and further recommendations regarding the Board's decision.
6. Before demolishing any contributing building in a historic district or any building
that is individually listed in or eligible for listing in the National Register, the City
shall forward documentation to the SHPO including the location of the property, a
description of the significance of the property, measures taken by the City to
preserve the property (e.g. marketing, notices to property owners, etc.), the
current condition of the property supported by recent photographs, and the
period of vacancy.
7. The SHPO shall advise the City within fifteen (15) days whether the City can
proceed with demolition and what, if any, mitigating measures are required. If the
SHPO objects to the proposed demolition, the City shall request the ACHIP's
comments in accordance with 36 CFR 800.5(e).
8. This subsection shall not apply if there is a final demolition order issued by the
Unsafe Structures Board or the Building Official determines in writing the
structure represents a threat to the public health, safety and general welfare. A
copy of the Unsafe Structures Board Order or Building Officials written
determination, as applicable, shall be furnished to SHPO within fifteen (15) days
of rendition.
Prior to the demolition of any 50 -year old or older building, structure, improvement, or
site not covered under the abandoned structures or emergency demolition provisions
of this Programmatic Agreement, the City shall forward the following documentation
to the SHPO:
1. Location and description of the building.
2. Reasons for demolition, including documentation of code violations, licensed
engineer's report of structural damage and deterioration, and an explanation as
to why rehabilitation is neither prudent nor feasible. Recent photographs of each
elevation and any significant exterior features or interior elements.
3. Measures taken to solicit public comment.
4. Description of architectural elements.
A statement by the Certified Staff as to whether this pending demolition
represents owner or occupant neglect.
6. A new Florida Master Site File (FMSF) or update to an existing FMSF.
7. Future plans for the property if they have been completed.
The SHPO shall advise the City within thirty (30) days whether the City can proceed
with demolition and what, if any, mitigation measures are required. If the City or
SHPC) determine the d8nnO|bioD will result in an adverse 8ff8Ct OD historic pnOp8rUOS'
then prior to taking any 8CtiOD the City Sh8U consult with the 8HPC) and initiate the
procedures set forth in 36 CFR 800.6.
A. If QFnuOd disturbing 8CdvideS are planned as part Of 8 r8h8bi|k@hOO' new
COnStnU[t|OO, or site improvement project, the Certified Staff shall determine vvhS{he[
the project site COOt8iOS previously documented 8rch88O|OgiC@| resources or if there
is e medium Or high probability for archaeological r8SOUrC8S to be present within the
APE.
Ground disturbing @Cdvid8S Sh8U be defined as disturbance of subsurface soils
associated with digging, clearing, grading, excavating, landscape installation, site
preparation work, or other construction -related activities.
B. If the Certified Staff determines that an 8rCh88O|OgiC@| survey or 8rCha8O|OgiC8|
DlOO|tOriOg is required, the City, or party required by the Citv. shall 8Olp|Oy e
professional archaeologist who OOe8tS the Secretary Of the |Ote[iO['S Professional
{jU8|ifiC3bOO Standards for Archaeology to complete an 8rChaRO|OgiC8| survey of the
APE to identify and evaluate 8rCh88O|OgiC8| r8SOU[CeS according to the N8UOn3|
Fl8giSt8F Criteria and provide r8CO00SDdahOOS for the treatment of any identified
8nCh@8O|Ogic8| [BSOU[CeS. The City 3h8|| fDUOVv the procedure for Tribal COnSu|t9dOO
defined in ShpU|8dOO || of this agreement as applicable.
C. The resultant survey 8h@U conform to the provisions Of Chapter 1A-46' Florida
AUnniOiSin8dv8 Code, and shall be reviewed by the Certified Staff and the SHP[) for
COrnp|81BneSS and sufficiency. SHP(} Gh8U review the survey report within 30 days Of
receipt Of adequate dOCuOn8ntoUOn and will CODCU[ with the [epOrt. or provide
recommendations for 8ddidOO8| work if the report is determined to be incomplete Or
D. U @FCh8Sm|Ogic8| reSOUrC8S are found during the SUrv8y, Or there are p[8VOuG|y
identified 8rCh88O|OgiC@| resources within the APE that meet the National Register
Criteria, they Sh8U be avoided Or preserved in p|8C9. If preservation is not feasible,
the Certified Staff will CODSU|1 with the SHP{} to develop an 8rch8eO|DgiC8|
management plan to avoid, minimize, 0[mitigate the adverse effects in 8 manner
COnSiS\eOt with the COUnCi[S Handbook, Treatment of Archaeological Properties and
Chapter 1A-46, Florida Administrative Code.
E. If the adverse effect cannot be avoided, the City and GHPO Sh8U execute 8
k1eDlOr8OduDl of Agreement (K4OA), pUrSU@0t to 36 CFR 800. The MOA will
incorporate the @[Ch8eO|OgiC8| management plan as well as any additional mitigation
measures. The City shall submit the MOA to the Council for comment.
F. If the City and the SHPO fail to reach agreement, the City shall request Council
A. When disposing of historic or contributing properties acquired with HU[) fUDdS. the
City will include ed8qU8t8 r8SthCtiOOS or C0DditiOOS in the transfer doCUnn8ntG to
8DSuFe pn8S8rvoiiOn of the property's significant historic features.
B. If the City determines that the disposition activities will result in an adverse effect, the
City will submit proposed restrictions O[conditions LOthe BHPOfor approval 30 days
prior iOexecution ofthe transfer document.
C. If the City and SHP(} C8DOOt agree OO @CCeDLab|e r8ShiCUOnS Or COndhUOnS, the City
shall consult with the Council iDaccordance with 30CFR 8OO.
A. Each year the City 3h@U notify the public Of the City's CU[ne[U HU[} and other
Federally -funded Pn]gr8nnS and Sh8U make available for public inspection
dOCUrn8Ot8tiOn OD the Pn}gnsnnG. |OC|Ud8d in this dOCUnn8nt8tiOn will be geD8[8|
information On the pn]gr8nnS. information On the types of activities undertaken with
HUD funds, information OO identified historic properties which might be affected by
these activities, the 8nnOUnt Of C[)BG' H{}PVVA' HOPE 3 and other new funds HU[)
may make @v8i|8b|S in the CU[[eOt prOg[8Dl year, and how interested persons can
receive further infOrrn8dOO OO the PnJgr8rDS and participate in the Section 108
process 88 defined at 30 CFR ODU. The diSS80in8dOn of this information Sh8U be
coordinated with existing public hearing SChedU|8S. The City shall also hold periodic
information Dle8UDgS for the public to 8ddnSSS HUD -funded activities affecting
historic resources and new or pending programs that may affect resources.
B. Certified Staff shall attend at |88Si two public DleeUDg3 of the Office Of Housing and
COrD0UOitv [)eve|Vp08Dt Department each year to explain and diSCUSS the City's
projects affecting historic ngsOUrCeS and to receive the COnnnnen{G Of the group or
other members Ofthe public.
A. Project Coordination: Certified Staff will advise project sponsors, @geOCi8S'
recipients, sub FBcipi8OtS, and City departments and staff Cfthe requirements of this
Programmatic Agreement and the need to complete Section 100 reviews prior !Othe
initiation of project activities.
B. COOndiO8UOO with Other Federal Activities: {]Ul8r F8dSn3| 8g8nCi8S providing
financial assistance for Program activities covered under the terms Cf this Agreement
may, with the COnCU[FGOC8 Of the City and SHP{}' S8Unfv their Section 100
r8SpOOSibi|i1i8S by @CQepdDg and CODlp|yiOg with the terms of this Agreement. In such
SiLU8tiOnS. the City and the Federal agency shall notify the SHP{} and COUDCi| in
writing Of their agreement. K the 8HP{} dO8S not F8SpOOd within 15 days Of receipt of
such nOhfiC@UOO Of intent, the City and other Federal agency will BSSUDl8 SHP{l
COOCU[PeDC8. (}Opi8S of all notification letters 3h8U be Dl8iOt8iDSd in files established
bythe City for each undertaking.
A. If historic resources are discovered or unanticipated detrimental effects on historic
properties arise during the implementation of an undertaking, the City shall consult
with Certified Staff and shall make reasonable efforts to avoid, minimize or mitigate
adverse effects to such properties. For purposes of this agreement, Certified Staff
may assume, in consultation with the SHPO, that a newly discovered property is
eligible for the National Register in order for information to be used in the resolution
of adverse effects. This may include having Certified Staff:
1. Consult with the SHPO, ACNP, public and other interested parties to resolve
adverse effects prior to approving, commencing or completing the undertaking.
2. Consult with the SHPO and representatives to resolve adverse effects to
properties with religious and cultural significance to Native Americans.
3. Take immediate action to resolve adverse effects with the property owner if the
undertaking has been approved and construction has commenced.
4. Notify the SHPO, ACHP, and other interested parties within forty-eight (48) hours
of the discovery.
B. If unmarked human remains are encountered, all work shall immediately cease in the
area of the discovery and notification shall be provided to the proper authorities in
accordance with §872.05, Florida Statutes.
A. The City shall retain project records for a minimum of five (5) years following the
completion of a project. The project files shall include but are not limited to staff
reviews, comments of the SHPO, work write-ups, and before and after photographs.
B. The City shall submit to the SHPO an annual report each September summarizing
the activities carried out under the terms of this Programmatic Agreement. The report
shall include the following information:
1. A list of properties determined eligible for listing in the National Register of
Historic Places.
2. A list of properties for which work write-ups have been reviewed by the Certified
Staff.
Photographic documentation and sample projects demonstrating that the
Standards have been adhered to.
Upon written request by the SHPO, the City shall make arrangements for the SHPO
to review records and conduct on-site inspections of projects. This does not preclude
the SHPO's ability to conduct periodic site visits to the City.
XIV. TRAINING
A. The SHPO shall provide periodic training in the application of the Standards and in
the administration of this Programmatic Agreement for City personnel (e.g. Certified
Staff, preservation staff, managers, rehabilitation inspectors) as requested by the
City, on a schedule to be arranged among the parties.
B. The City may develop guidance documents in consultation with the SHPO to assist
City staff in complying with the terms of this Programmatic Agreement.
Should the SHPO object within thirty (30) days to any plans, specifications or other
project information provided for review pursuant to this Programmatic Agreement,
the City shall consult with the SHPO to resolve the objection. If the City determines
that the objection cannot be resolved, the City shall forward all documentation
relevant to the dispute to the ACHP. Within thirty (30) days after receipt of all
pertinent documentation, the ACHP shall either:
1. Provide the City with recommendations that the City shall take into account in
reaching a final decision regarding the dispute; or
2. Notify the City that it must comment pursuant to 36 CFR 800.6(b)(2) and proceed
to comment. Any ACHP comment provided in response to such a request shall
be taken into account by the City in accordance with 36 CFR 800.6(b)(2) with
reference to the subject of the dispute.
3. Any recommendation or comment provided by the ACHP shall be understood to
pertain only to the subject of the dispute; the City's responsibility to carry out all
actions under this Programmatic Agreement that are not the subjects of the
dispute shall remain unchanged.
Should an objection to any such measure or its manner of implementation be raised
by a member of the public at any time during implementation of the measures
stipulated in this Programmatic Agreement, the City shall take the objection into
account and consult as needed with the objecting party, the SHPO, or the ACHP to
resolve the objection.
A. Any party to this Programmatic Agreement may request that it be amended or
modified at any time, whereupon the parties shall consult in accordance with 36 CFR
800.13 to consider such amendment or modification.
B. Unless amended or modified by the parties, if any section, subsection, sentence,
clause, or provision of this Programmatic Agreement is held or becomes invalid as a
matter of law, the remainder of this PrOg[8rnrn8dC Agreement shall not be affected by
such invalidity.
In the event that the City does not carry out terms of this Programmatic Agreement, the
City Sh8U COrnp|y with 36 [}FR §800.4 dlnDUgh 36 CFR §800.6 with regard to individual
Undertakings covered by this Programmatic Agreement.
XVIII. TERMINATION
Any party to this Programmatic Agreement may terminate it by providing thirty (3O)days
written OOdC8 to the Other party, provided that the parties COO5U|t during the period prior
to termination to seek Bgre8nOeOL On amendments or other actions that vvOU|d avoid
termination. In the event of termination, the City Sh3U comply with 38 CFR 800.4 through
36 CFR 800.0 with regard to individual Undertakings COV8[ed by this Pn]grB0r08tiC
Agreement.
Whenever this Agreement [SqUi[e5 that notice be given or served by either party to the
other, such notice shall be given or served in writing to the other party @[ the following
8ddF8SS and deposited in the US nO3i| postage prepaid. The SHPC) or the City may
change its mailing address at any time by serving the other written notice thereof.
Notice tOthe City shall be mailed and addressed to:
City ofMiami
Planning Department
Historic Preservation Division, Attention: Historic Preservation Officer
444SVV2nd Avenue, 3rd Floor
Miami, FL3313O
FloridaNotice to the SHPO shall be mailed to:
Department ofState
Division of Historical Resources
58OSouth BronouQhStreet
Tallahassee, FL323AQ-O250
This Programmatic Agreement shall commence on the date of execution by the p@[U8S
and 8h@U Q]OtiOU8 in operative fO[CD until November 1' 2024. /# any time in the six (0)
rOOOth period prior to that date, the City may request the SHPOb] FeVi8vv its Programs
and to consider 88 8x[eDSiOD' 8On8Dd0eO[' Or rUOdJiC8tiOn Of this Agreement. NO
8xLeDSiOO or modification Sh8U beCOOl8 effective UOb| all p8Ai8S to the PnJgr@nO0adc
The parties may agree in writing to renew this Agreement for an additional five (5) year
term by entering into a written amendment providing for such renewal in the six (6)
month period prior to November 1, 2024
The execution and implementation of this Programmatic Agreement is evidence that the
City has afforded the ACHP an opportunity to comment on its Programs and their effects
of its Undertakings on historic properties, and that the City has satisfied its Section 106
responsibilities for all individual undertaking of the Programs.
IN WITNESS WHEREOF, this instrument has been executed by the parties hereto in manner
and form sufficient to bind them, as of the day and year last executed below.
In
Emilio T. Gonzalez, City Manager
Attest:
By:
Todd B. Hannon, City Clerk
Date:
Date:
Date:
Approved by the City of Miami Historic Preservation Officer
By: Date:
Warren Adams, Preservation Officer
Approved to Legal Form and Correctness
By: Date:
Victoria M6ndez, City Attorney
Aa
-
Timothy A. Parsons,
State Historic Preservation Officer
0
Title:
Date: