HomeMy WebLinkAboutExhibit A11
PROGRAMMATIC AGREEMENT
FOR
FEDERAL FUNDED PROGRAM UNDERTAKINGS
This Agreement i3made between the CITY C)FK4|AM[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 8t3O Code of Federal F{ggU|8iiOnS (''CFR^)CFF!§ 800.13' with respect to individual
Undertakings implemented within the City.
VVHEREAS, the City Orother p@rbdp8DtS in the development pnJCeSS' including public or
private, nonprofit or for -profit 8ntiU8S, Urany 0ftheir contractors or agents ' may Und8MBk8
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 SBrVGS as the responsible entity for the HUD -funded prOg[8nOS
under federal and state statutes that authorize HUD to provide for assumption of environmental
naSpODSibi|itioS by recipients Of HUD 8S3iSt8nC8 and other responsible entities, in accordance
with HU[)'s Environmental Review PnOD8dun2S, 24 CFFl Part 58, published in the F8d8[8|
Register OO April 30. 1896' and as may be amended from time to time; and
WHEREAS, the Federal, State and City governments have determined 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 City has conducted City-wide historic structures and building surveys;
and has defined the boundaries of the Citv'S historic districts, as well as individual historic
resources; and
WHEREAS, the Qh/ is 8 Certified LOC8| GOVern[D8Ot(CLG) under Section 101 (8)(c\ Of
the NGfiOn3| Historic P[8S8[v@tiOD Act as amended with qU8|dh8d p8[SOOD9| in its Planning
Department, Preservation Division; and
WHEREAS. the City has @ full time Historic Preservation staff Ofthree (3) full time
8Dlp|Oy88S. one Ofwhom iSaqualified archaeologist, and Historic Preservation Board (Board)
with 8 membership of nine (S) permanent members and One (1)8|teOl8i8 Dle[Dber. The City
through its historic p[8S8[Y8UOO staff (hereafter "Staff"), and the nl8nnb8rS Of the Historic
P[eSBrV8tiOD Board, (h8nS@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 {}Uv SHP(} and ACHP have determined that the eX8CUtiOO Of 8
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 Cih/S Section 105
responsibilities for all individual undertaking Ofthe Programs.
STIPULATIONS
The City shall ensure that the following measures are carried out:
L QUALIFIED PERSONNEL
A. The City shall ensure that its Historic Preservation Division staff includes at least two
/2\fuU time employees with professional qualifications in architectural history, history
and/or historic arChhBChu[8, as specified in the Secretary Ofthe |OtShOr'S Professional
Qualifications 8tondardS, 56 CFR Part 01 (hereinafter "Certified Staff").
B. The City Sh8U 8OSuF8 that its Certified Staff Orconsultant includes at least one (1)
8rDp|Oy8e with prOf8SSiOD@| qu8|Uic8UoDS in 8rCh8eO|OQy 03 [8Vi8w' iOSp8Ct' and
administer 8pp|iC@tiODS and field r8vi8vvS for existing and proposed pO3Sib|8
archaeological resources.
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. If the City
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 CFFl 800.4ihrDUgh 800.5vvith
regard to individual Undertakings covered by this Programmatic Agreement, except
as provided by paragraph (E) of this section.
U. TRIBAL CONSULTATION
When the City 8dnniOiSt8ns Progrorns, o, serves as the responsible entity for grant
recipients Under Pr0gn8rnS. that are funded by HUD and for which HUD pnJVidOS for the
City to assume HU[}'s environmental review responsibility, the City Sh8|| follow the
procedures outlined in 24CFR Part 5Oand HUD NOMCeCPO-12'O05.
Ui AREA OFPOTENTIAL EFFECTS
A. The Area Of Potential Effects (APE) for under -takings covered by this Agreement 3hoU
be limited to the legal lot lines Of 8 property when the Pn]Qr8nn activity COOSistS
exclusively of rehabilitating G 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 COnStrUCdOn and inSt8U8dO0 of infrastructure, when the project
is located in a National Register -listed or eligible historic district shall be as follows:
VV8t8r. SSvv8r, 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 Aot(ADA) compliance; the actual curb
cut area under construction shall bethe APE.
Pavements; the APE shall be the pavement structure and pavement base,
4. For all other infrastructure inlprOVenleDCS. the APE 3h8U be @O8|OQOus in
purpose, structure, and |nC8tiOn to the APE for those innprOv8rn8ntS listed in
subsections 1 through 3aboma.
In all other cases, Certified Staff shall determine and document the APE, in ocCOnd8nCe
|\/. PROPERTY IDENTIFICATION
All properties listed in the National Register ofHistoric Places, contributing properties in
listed Or eligible National Register historic di3thCts. Or newly identified historic properties
or districts determined by Certified Staff to be eligible for the National Register shall be
treated as F83OurCeS covered in the stipulations Ofthis Agreement. In the event that the
City is unable to come to a determination on whether a property is a contributing element
in 8 hiS1O[iC district and/or eligible for the N8\iOnG| Register, the City will forward all
documentation tothe SHP{}for evaluation inaccordance with 3OCFF<OOO.
A. LONG RANGE IDENTIFICATION AND SURVEYS
The Citv, through its Certified Stadf, Sh3U review the data supplied by the Citv's
Florida Master Site File FOrnnS for all districts, 3it8S. buildings, 3trUC1u[eS and
objects (hereafter "properties") that meet the Chteh8 for |iShOg in the National
Register Of MiStOhC Places (8t 36 CFR G60.4). The City Sh8U review the sites
xvh8[8v8[ they are located within the boundaries Of targeted priOhty,
ngiQhborhonds, an well as Other project areas and Sites slated for PrO0r8nD
8CUViii8S.
2. 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 8HPC} cannot agree upon the eligibility Ofa
prOperty. Or ifACHP or the Secretary Of the Interior SO requests, the City Sh8||
request 3 fO[0B| determination of eligibility from the keeper Of the N@tiOOo|
Register in accordance with 36 CFR §800.4(c)(4).
B. UNDERTAKING IDENTIFICATION AND DOCUMENTATION
1. Properties that may be affected by the Cih/S pn]g[8nls will be [ovovved by the
City'S Certified Staff; in consultation with the National Register Criteria. The City
shall fOnw8nj the results of the review to the GHP0 for evaluation. If the 8HP{]'S
opinion is not rendered within 30 days Of8HP{) n3D8ip1 of the submission Of
8UeqU8t8 documentation, it will be 8sSunnod that the 8HPO is in agreement with
the City's determination of eligibility.
2. Properties that are determined to meet the N8tiOO@| Register Criteria will be
considered and treated as eligible for inclusion in the National Register OfHistoric
Places.
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 (NEP4)' if such dOCuDl8Ot8bOD meets the
purposes and requirements of this oqr8erneOt pursuant to 30 CFF< 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 L|K8|TEO POTENTIAL TO AFFECT HISTORIC
PRESERVATION
Because the ouhaOti3| effects Of certain Undertakings upon hiSk}ho properties one
fonS3ee8U|e. likely nninirno[ Or not adverse, the fOUOvvinQ Undertakings proposed by the
City are considered routine and may be approved by Certified Staff without further
consultation with the 3HP(] provided the proposed activities are consistent with the
Standards.
A. EMERGENCY AND MINOR REPAIR ACTIVITIES
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. RghBObOO @Od/O[ nBp|aD8Ol8Dt in -kind of wood siding and cornice in -kind;
2. Scraping, C8u|hiOg' weather-stripping, re -glazing, and repairing exterior surfaces;
3. Masonry repair using Ol3teri8|S' mortar composition, CO|Or. joint profile, and width
which nO@tCh the historic nl8te[i3|;
4. Repair Or replacement in -kind Of asphalt shingle roofs; repair or F8p|8D8nleOt in -
kind of metal [OOfS; repair O[replacement in -kind Ofclay tile roofs; replacement of
structural roof components or decking;
5. Repair or replacement in -kind of historic attic vents in original openings or
installation of new vents painted to match gable;
O. Replacement Of window sash, glass and hardware in -kind; repair Or in -kind
replacement Ofdamaged Ornon-operable transoms;
7. |n3kaUahOn of storm windows anodized or painted to match hirn, with horizontal
divisions that rn8tCh existing divisions in windows;
0. Replacement Ofexterior doors in -kind when necessary;
S. Installation of plain storm d0Or5. anodized or painted to rn8tCh existing trim;
1O.Removing non -historic rear additions;
11.F|epoir or nap|amarnont in -kind Of vvOOd CO|u[nnS and porch elements such as
ceilings, lattice vvaUs, floors, rails and spindles; repair or replacement of existing
porch screening when necessary;
12. Repair Or r8p|8C8nlSnt in -kind of foundation and foundation vents in -kind; cutting
new foundation vents and installing nl8t9KvvOOd 8CC8SS d0O[S in concealed
|OC8hOns where possib|e, and repair or replacement in -kind of floor joists and
supports;
13. Rebuilding of wheelchair ramps;
14.|nSt@UatiOn Of exterior decorative or security |ights, provided no permanent
8|har@UoD of original elements or features contributing to the structure's hi3tOhC8|
significance occurs;
15. Repair or in -kind [8p|8CBnlert (installation of a new element that duplicates the
material, dinnenSiOnS. COOfiQur8dO0 and detailing Of OhgiO@| 8|enleD0 of exterior
features, Such as dOOrS, windovvS, porches and architectural details;
16.Emergency 0[ required securing of property by boarding over window and UOUr
17.Rep8i[ Of masonry fOuOdGtiOnS, walls or chimneys by tuck pointing using
matching mortar SOrnp|e1iOn. CO|Or. joint width and profile; F8rnOva| Of S8COOdGry
deteriorated chimneys; and
18. Minor Code Enforcement violations that meet the criteria above.
C. INTERIOR REHABILITATION ACTIVITIES
1. Repair, installation Or replacement Of e|8{thQ3| 3vstonl3, heating systems,
plumbing, air conditioning, fire protoCti0n, ventilation or 3irni|8r systems; provided
OO permanent alteration of original elements or features contributing to the
structure's hiStOho@| significance occurs;
2. Interior window or door security bars or gates, provided no permanent alteration
of original elements Or features contributing to the structure's historical
significance occurs;
3. VVe8thehz8tiOn 8CtiVities, including vveather+shppin0, roof inSU|ohUn. and
insulation of basements and interior walls;
4. Replacement of original lighting fixtures for safety or efficiency;
5. R8p|8D8rn8nt Ofseverely damaged interior doors with replacement doors similar
in design;
O. Repair of wood 000rS; installation of new floor covering except for vinyl CDvehnQS
Onwood floors in nn8iO living areas, hallways and bedrooms;
7. Repair Of plaster vv8UG and ceilings by patching p|8St8[ where possible, or
replacing with new drywall surfaces and painting where repair is not feasible;
8. Re -using Or replacing in -kind molding or Dl8nte|5 in their OhgiD3| |OC8UOD, where
new vv8U and ceiling SUrf8Ce3 are iO3t8U8d' Vvh8ne rep|8C8[neDi is needed Or
where new openings occur;
9. |DStaU@tiOO of wood, Mb8rg|8SS Or plastic composite Dl8teh3| paneled doors in
principal rooms where original doors are damaged or missing;
10. Installation of simple standard light fixtures to nap|oC8 missing Or nonworking
interior and exterior light fixtures;
11. |nSt8U8dOn Of new khCh8O cabinets and countertops; installation of new bathroom
OxtU[8S; and
12. |nSta||8dOn Ofnew ceiling opening and pUU-dOVVD attic steps; reDlOV@| and SS8|iDg
Up of obsolete pull -down attic steps.
O. 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:
|nSt8U8tiDn. repair or nep|8C8n0eDt in -kind Of S8vV9r and water, g8S' electric,
phone, cable lines and associated road and yard,
2. Repair Or r8p|8C8[n8nt in -kind Of Q]nCr8t8 vv8|kS. dhY8VV@yS. CU[bS. and sea
3. Replacement Orinstallation Ofpark and p|8ygn]UOd equipment, |8OdSC8piDg' and
facilities, excluding buildings;
4. Replacement or i0St3U@doD of traffic signals, street name and regulatory Sign8g9.
5. Installation Of temporary construction -related 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.
VII. TREATMENT OF HISTORIC PROPERTIES
The City programs administered under this agreement Sh8U be reviewed by Certified
Staff to determine whether pnDpOSBd undertaking has the potential to cause effects on
historic proper -ties. Individual properties that are determined eligible for Or listed in the
National Register Or contributing proper -ties 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 National Register shall be treated in the following nlonO8r.
A. REHABILITATION
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;
3. Certified Staff shall review the rehabilitation plans and issue a Letter OfApproval
verifying that the project will have no effect or will have no 8dYSnGe effect by
virtue ofits meeting the Standards. No work may begin on the project until such 8
Letter of Approval has been issued by the Certified Staff. All work Sh@|| COOfOnO
to the proposal as approved, and to the conditions stated in the Letter of
Approval. F<8hGbi|it8hOn accomplished in this manner Sh8|| have no @dV9[Se
effect on historic properties and no further COOSu|t8hOn with SHPC} will be
n8CeSS@[y.
4. The dOCU0eDt@d0D of each project Sh8U be retained by Certified Staff as part of
the permanent project files and 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.
B. NEW CONSTRUCTION AND ADDITIONS
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 @[36C|FF<§8OU.O.
2. The design OfinfiU 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 historic buildings Or contributing buildings within historic districts
should all adhere to the Standards and Sh@U be substantially consistent with
guidelines Of the National Park Service's Preservation Brief #14. "New Exterior
Additions to Historic Buildings: Preservation Concerns." Plans for such additions
will be naViomxed and approved by Certified Staff to ensure consistency with those
C. HANDICAPPED ACCESSIBILITY
Handicapped accessibility projects undertaken by the City to DOnnp|y with the
Americans with Disabilities Act (''A[}A^)and other local and federal requirements
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. [30pS and
e|8V8tOrS) Sh@U not be located On primary 8|ev@UOnS Of historic buildings and
Gho|| not result in the nennOVo| Of significant historic architectural features Or
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.
D. RELOCATION OFHISTORIC PROPERTIES
1. 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 ensure that properties are moved by qu@|hh8d nOOv8rS in
BCCOrd8nCe with 8pprO8Ch83 recommended in the "Moving Historic Bui|dingS^
Report (John Dbed Curtis' 1979\ Within Din8ty/9O\ days after the nn0ve. the
City, in consultation with the 8HPD. Sh8U [8-eV8|u@t8 the eligibility Ofthe property
for the National Register of MiSt0hC P|8C8S.
E. SITE IMPROVEMENTS AND PUBLIC IMPROVEMENTS
1. She improvements and public improvement projects within historic districts
including sidewalk improvements, repaving Of streets. installation Of landscaping,
Street lighting and street furniture and other infrastructure improvements Sh8||
adhere to the Secretary Of the Interior's Standards and Sh8|| be designed to
ensure that character -defining elements are preserved through repair Or
r8p|8nornent in -kind. Any new nO8teri3|S Or fS8tUr9S introduced into a historic
district will be responsive to the character of that district.
2. Final plans and specifications for site and public improvement projects shall be
reviewed and approved by Certified Staff if they are determined to meet the
Standards. If the Standards C@nnO1 be rn8t or if the project could have on
adverse effect on historic properties, then prior to taking any action the City shall
consult with the SHPO and initiate the procedures set forth at 36 CFR §800.6.
VU. DEMOLITION
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.
A. DEMOLITION 0FNON-HISTORIC CjR NON-CONTRIBUTING BUILDING
The City may proceed with the demolition OfnOD'hiStOhC properties or non-contributing
buildings located within Historic Districts without further n8vi8vv of the SHP{}. The City
must retain documentation Ofall such demolitions iOits project fi|es.
B. EMERGENCY AND TEMPORARY MEASURES
1. For the purpose Vfremedying ernergenoyoonditionsdehsnninedtobed8nQerOus
to life, health or property, nothing contained herein Sh8U prevent the making Of
any temporary COnStrucdOn, reconstruction or other repairs to 8 property,
structure, improvement Or site that is listed Or eligible for listing in the NF<HP
within the Qtv. pursuant to an order Of 8 government agency or o court of
competent jurisdiction.
2. The Ovvn8r Of 8 designated or eligible for designation prnpertv, stnucture,
improvement or site damaged by fire or natural oa|arnih/ Sh8U be permitted to
stabilize the property immediately without Board approval, and to rehabilitate it
later under the normal review procedures.
C. EMERGENCY DEMOLITION
1. In the event that the City determines that emergency dernV|id0n Of 8 historic
property or contributing property within e historic district in required to oOrnp|y
with |OC8| regulations and to avoid an imminent threat to the health and safety of
residents. the City shall forward documentation tothe SHP0 via enl8i|, express
rn8i| or f8Csinni|8 with 8 request for COn0nlentS within five (5) days. The
documentation shall include o copy ofthe order requiring emergency demolition
(within SeY8O 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 MiStO[iC P|8C8S, The 8MP[) shall notify the City in writing Of its
findings and any required mitigation nnHa3Ure3 (e.g. recordahOn, additional
photographic documentation, architectural salvage, 8tC.).
O. DEMOLITION OFUNSAFE AND/OR ABANDONED HISTORIC PROPERTIES
1. The demolition of any 50 years old or older bui|ding, structune, improvement or
site may occur pursuant to an Order Of 8 government agency or a court Of
competent jurisdiction 0rpursuant tnan approved application for @ Certificate of
Appropriateness for Demolition bythe Board.
2. Government agencies having the authority to demolish unsafe structures Sh8U
request a Certificate of Appropriateness for Demolition from the Board prior to
placing any historic resource or affected undertaking On an OffiCi8| agenda of the
Unsafe Structures Board.
3. Nothing in this 3eCdDn Sh@U prohibit a government agency from entering an order
requiring a5O-yeorold orolder property tObesecured.
4. NO permit for voluntary d8nnO|ihon of a designated or eligible for designation
property, structure, improvement, or site Sh@|| be issued \Othe Ovvner(S)thereof
until an application for 8 Certificate Of Appropriateness for Demolition has been
submitted and approved bythe Board.
5. The refusal by the Board to grant 8 Certificate of Appropriateness for DenOO|hi0n
3h@U be evidenced by a written document detailing the public interest in
preserving such property. Acopy ofthis document shall besent tOthe 8HPDfor
evaluation and further recommendations regarding the Board's decision.
5. Before demolishing any contributing building in 8 hiSh]hC district or any building
that is individually listed in Or eligible for listing in the National Register, the City
shall forward documentation tothe SMP(} including the location Ofthe property, a
description of the significance of the propaMv, rneosunao token by the City to
preserve the property (e.g. nl8[kehng, nOdCeS to property Vvvners, eto.), the
current condition of the property supported by recent photographs, and the
period ofvacancy.
7. The 8HPC) 3h8U advise the City within fifteen (15) days whether the City can
proceed with demolition and what, if any, mitigating measures are required. If the
SHP[) objects to the proposed demolition, the City shall request the ACHP'S
comments inaccordance with 3OCFROD0.5(e).
8. This subsection shall not apply if there is a final demolition order issued by the
U0n8f8 Structures Board or the Building Official determines in writing the
structure represents a threat to the public he8|th. Safety and general welfare. A
copy Of the Unsafe Structures Board Order Or Building Officials written
determination, as applicable, 3h8|| be furnished to 8HPD within fifteen (15) days
of rendition,
E. DEMOLITION QFHISTORIC PROPERTIES
Prior to the demolition of any 50'year old or older bui|ding, structure, innp[OvSnnen[ or
site not covered under the abandoned structures or emergency demolition provisions
Of this Programmatic Agreement, the City shall forward the fV||Ovving documentation
to the SHPO:
1. Location and description of the building.
2. Reasons for demo|ition, including documentation Of code ViO|8hOnS. licensed
engineer's report of structural damage and detehonstion, and an 8xp|GO8tiOD as
to why rehabilitation is neither prudent nor feasible, Recent photographs of each
elevation and any significant exterior features Orinterior elements.
3. Measures taken tOsolicit public comment.
4. Description of architectural e|9nne0tS.
5. /\ Stahenl8rk by the Certified Staff 83 to whether this pending demolition
represents owner Oroccupant neglect.
0. Anew Florida Master Site File (FPWSF)Orupdate tO@nexisting FMSF.
7. Future plans for the property ifthey have been completed.
The SHPO ShoU 8dViSB the City within thirty(50) days whether the City can ppOC88d
with demolition and vvhat, if any, nlibg8h0n nOe8Su[6S are required. If the City or
SHPOdetermine the demolition will result in anadverse effect On historic properties,
then prior to taking any action the City shall consult with the 8HPC) and initiate the
procedures set forth in30CFRDOO.0.
V|U. ARCHAEOLOGY
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|oQic8| survey Or arChaeO|OQiC8|
monitoring is required, the Citv, or party required by the Citv. Sh8|| 8nnp|Oy a
professional archaeologist who meets the Secretary Of the |Dt8[io['S Professional
C)u8|ifioadOO Standards for Archaeology tO complete on arChgeO|OgiC8| survey Ofthe
APE to identify and evaluate 8rCh8eO|0giC8| resources according to the N8ti003|
Register Criteria and provide r8C0nOnnend@dOUs for the treatment of any identified
GrCh@8O|OgiC8| resources. The City Sh8|| fD||Ovv the procedure for Tribal Consultation
defined in 8hpu|odOn || of this 8gnS8nl9nt as applicable.
C. The n*SU|t8nt survey Sh@U conform to the provisions Of Chapter 1A'46. Florida
Administrative COde, and shall be reviewed by the Certified Staff and the 8HP[) for
completeness and sufficiency. SHPO shall review the Survey report within 30 days Of
receipt Of adequate documentation and will CODCu[ with the nsport. or provide
reCOrnmSnd81iOnS for additional work if the report is determined to be incomplete Or
D. If mrChoeo|OgiC8| peSOurC8S are found during the 3Urvey. Or there are previously
identified 8rCh88O|OgiCa| resources within the APE that meet the National Register
Criteria, they 3h8U be avoided Or preserved in place. If preservation is not feasible,
the Certified Staff will CODSu|1 with the SHPO to develop an 8rCh8eO|OgiCa|
management plan to avoid, minimize, or mitigate the adverse effects in 8 manner
consistent with the COunCi|'S Handbook, Treatment ofArchaeological 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 MCA will
incorporate the @[Ch8eO|OgiC8| management plan as well as any additional mitigation
measures. The City shall submit the MCA to the Council for comment.
F. If the City and the SHPO fail to reach agreement, the City shall request Council
|x. PROPERTY DISPOSITION
A. When disposing of historic or contributing properties acquired with HUD 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 GHPO C3nDOt agree On acceptable restrictions Or conditions, the City
shall consult with the Council inaccordance with 36CFR8OO.
X. PUBLIC INVOLVEMENT
A. Each year the City 3h@U notify the public Of the Cit/S CU[ne[U HUD 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 HUD
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 [|FR 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 |88St two public meetings of the Office Of Housing and
Community [)ewa|Vprnent Department each year to explain and discuss the Citv'S
projects affecting historic resources and to receive the COrnrn9ntS of the group or
other members of the public.
Xi COORDINATION
A. Project Coordination: Certified Staff will advise project sponsors, 8geOCi85.
recipients, Sub recipients, and City departments and staff Cfthe requirements of this
Programmatic Agreement and the need tOcomplete Section 100reviews prior tOthe
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.
XU. POST -REVIEW DISCOVERIES
A. If historic resources are discovered Or unanticipated d8binlo0t8| effects On historic
properties arise during the implementation of an undertaking, the City shall consult
with Certified Staff and shall make r885On8b|e efforts to avoid, minimize or mitigate
adverse effects to such properties. For purposes of this agreement, Certified Staff
may a3SUrne, in consultation with the GHPD, that a novv|y 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:
Consult with the SHP{}. ACHP. public and Other interested parties to r8SO|ms
adverse effects prior to approving, COnnnn8nCinQ or COnlp|eh0g the undertaking.
2. Consult with the 8MPQ and representatives to resolve adverse effects to
properties with religious and Cu|tun3| significance to Native Americans.
Take inlnledi8ka action to naSO|ve adverse effects with the property owner if the
undertaking has been approved and construction has commenced.
4. Notify the SHP[}, ACHP, and other interested parties within forty`eight(48) hours
Ofthe discovery.
B. If unmarked human remains are encountered, all work shall immediately cease in the
area of the discovery and notification 3h8U be provided to the proper authorities in
accordance with G872.05. Florida Statutes.
XU|. MONITORING
A. The City shall retain project records for o nninirnurn of five /5\ years fOUOvvng the
Q][np|8tiOn Of o project. The project 0ao 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 8HF{} an 80nu8| report each September summarizing
the activities carried out under the terms Vfthis Programmatic Agreement. The report
shall include the following information:
1. A list Of pnDp8rhBS 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
Photographic documentation and S@rnp|e projects demonstrating that the
Standards have been adhered to.
Upon vv[khen request by the SHPO. the City shall make arrangements for the SHPO
\Oreview records and conduct on -site inspections Ofprojects. Thi3dmesnntpnaC|Ude
the SHP{}'3 ability to conduct periodic site visits to the City.
X|V. TRAINING
A. The GHPD shall provide periodic training in the application of the Standards and in
the administration of this PrognsnOnn8dC Agreement for City personnel (e.g. Certified
Staff, preservation nt8ff' rnanagens, rehabilitation inspectors) as requested by the
City. on schedule to be arranged among the parties.
B. The City may develop guidance documents in consultation with the SHPD to 8S3iSt
City staff in complying with the terms of this PrOgn3nnnn8tiC Agreement.
X\/. DISPUTE RESOLUTION
A. DISPUTE RESOLUTION AMONG THE CONSULTING PARTIES.
Should the 8MPO object within Uhirtv/3O\ days to any p|ans, specifications or other
project information provided for review pursuant to this Programmatic Agreement,
the City 3h8|| C0nSU|t with the 8HPD 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 /\CHP. Within thirty /30\ days after receipt Of all
pertinent documentation, the ACHPshall either:
1. Provide the City with recommendations that the City shall take into account in
reaching afinal decision regarding the dispute; or
2. Notify the City that it must comment pursuant to 36 CFR 800.6(b)(2) and proceed
to COnlrnenL Any ACHP comment provided in response to such a request shall
be taken into 8CCOUnt by the City in accordance with 56 CFR 800.8(b)(2) with
reference to the subject of the dispute.
Any reCOrnnnmndatiO0 or comment provided by the ACHP shall be understood to
pertain only to the 3UbieC\ Of the dispute; the CitV'3 responsibility to carry out all
actions Under this Programmatic Agreement that are not the SuNeC1S Of the
dispute shall remain unchanged.
B. REVIEW C}FPUBLIC OBJECTIONS
Should an objection to any such measure Orits manner Ofimplementation be raised
by @ member of the public at any time during implementation of the rn88Sun8S
stipulated in this Programmatic Agreement, the City Sh8|| take the objection into
account and consult as needed with the objecting party, the SHP[). or the ACMP to
resolve the objection.
XVI. AMENDMENT OR MODIFICATION
A. Any party to this PrOgnarnnl8tiC Agreement may request that it be amended or
modified 8tany time, whereupon the parties Sh@U consult in accordance with 36 CFFl
8O0.13tVconsider such amendment O[modification.
B. UO|e3S amended or nlOddhed by the parties, if any S8C1iOn. subsection, sentence,
matter Oflaw, the remainder Ofthis Programmatic Agreement shall not be affected by
such invalidity.
XV||. DEFAULT
In the event that the City does not carry out terms of this Programmatic Agreement, the
City shall comply with 36 CFR §800.4thrOugh 58 CFR §800.8 with nsg8nd to individual
Undertakings covered by this Programmatic Agreement.
XV|U. TERK0|NAJ'|CjN
Any party to this Programmatic Agreement may terminate it by providing thirty (3O)days
written notice to the other party, provided that the parties consult during the period prior
to termination to S88k agreement on @nn8ndnnentS or other actions that vvOu|d avoid
termination. In the event of termination, the City shall comply with 36 CFR 800.4 through
36 CFR 800.6 with regard to individual Undertakings covered by this Programmatic
Agreement.
XIX. NOTICE
Whenever this Agreement requires 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 otthe following
address and deposited in the US rnoi| postage prepaid. The SMPD or the City may
change its mailing address at any time by serving the other written notice thereof.
Notice to the City shall be mailed and addressed to:
City of Miami
Planning Department
Historic Preservation Division, Attention: Historic Preservation Officer
444SVV2n'Avenue, 3*Floor
Miami, FL3313U
llotice to the SHPO shall be mailed to:
Florida
XX. RENEWAL
This Prngnsrnrneti: Agreement shall onrnnneOo8 VO the date of execution by the parties
and shall continue in operative force until November 1, 2024. Atany time in the Six (0)
nnODth period prior to that date, the City may request the GHPO to review its Programs
and to consider an extension. amendment. Or modification of this Agreement. NO
extension or modification Sh8U become effective uOh| all parties to the Programmatic
Agreement have agreed tOitinwriting.
The parties may agree in writing to renew this Agreement for an additional five (5) year
term by entering into o written amendment providing for such renewal in the six (0)
month period prior toNovember 1.2O24
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 Under -takings on historic properties, and that the City has satisfied its Section 106
responsibilities for all individual undertaking ofthe Programs.
IN WITNESS KVHERECJF, 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.
CITY OFM|AM|
By: Date:
Emilio T. Gonzalez, City Manager
Attest:
By:
Todd B. Hannon, City Clerk
Approved by the City of Miami Historic Preservation Officer
By:
Warren Adams, Preservation Officer
Approved to Legal Form and Correctness
By:
Victoria M6ndez, City Attorney
FLORIDA STATE HISTORIC PRESERVATION OFFICE
By:
Timothy A. Parsons,
State Historic Preservation Officer
Date:
ADVISORY COUNCIL ON HISTORIC PRESERVATION
By: Date:
Title: