Administrative Stipulations. a. Should any signatory or concurring party to this MOA object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, the Corps shall consult with such party to resolve the objection. If the Corps determines that such objection cannot be resolved, the Corps will: (1) Forward all documentation relevant to the dispute, including the Corps’ proposed resolution, to the ACHP. The ACHP shall provide the Corps with its advice on the resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the Corps shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories and concurring parties, and provide them with a copy of this written response. The Corps will then proceed according to its final decision. (2) If the ACHP does not provide its advice regarding the dispute within the thirty (30) day time period, the Corps may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, the Corps shall prepare a written response that takes into account any timely comments regarding the dispute from the SUBJECT: Memorandum of Agreement (MOA) for Resolution of Adverse Effects to the Xxxxxx Street South Channel Bridge, Riverfront Park, Spokane, Spokane County, Washington, U.S. Army Corps of Engineers, Corps Reference Number NWS-2015-0914. signatories and concurring parties to the MOA, and provide them and the ACHP with a copy of such written response. (3) The Corps’ responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged. b. At any time during implementation of the measures stipulated in this MOA, should an objection to any such measure or its manner of implementation be raised by a member of the public regarding historic preservation, the Corps shall take the objection into account and consult as needed with the objecting party, the SHPO, or the ACHP to determine how best to address the objection. c. The contact information for each signatory to this MOA may be updated, which shall not be considered an amendment to this MOA. An electronic message (email) exchanged among the contacts, indicating the updated information, shall be sufficient provided the signature authority for each Party is included in such communication. d. If the terms of this agreement have not been implemented within five years of execution of the MOA, this agreement shall be considered null and void, unless the signatories agree in writing to an extension for carrying out its terms. If this agreement is considered null and void, the Corps shall so notify the parties to this agreement, and if the City chooses to continue with the undertaking, shall re-initiate review of the undertaking in accordance with 36 CFR Part 800. e. Any signatory to this agreement may propose to the Corps that the agreement be amended, whereupon the Corps shall consult with the other parties to this agreement to consider such an amendment. This MOA will be amended when such an amendment is agreed to in writing by all signatories. The amendment will be filed with the ACHP and go into effect on the date of the last signature from signatories. f. If the Corps determines that it cannot implement the terms of this agreement, or if any signatory determines that the agreement is not being properly implemented, such party may propose to the other parties to this agreement that it be terminated. The party proposing to terminate this agreement shall so notify all parties to this agreement, explaining the reasons for termination and affording them at least 30 days to consult and seek alternatives to termination. The parties shall then consult. Should such consultation fail, the Corps or other signatory party may terminate the agreement by so notifying all parties. Should this agreement be terminated, the Corps shall either: (1) Consult in accordance with 36 CFR Part 800.6 to develop a new MOA; or (2) Request the comments of the ACHP pursuant to 36 CFR Part 800.7. SUBJECT: Memorandum of Agreement (MOA) for Resolution of Adverse Effects to the Xxxxxx Street South Channel Bridge, Riverfront Park, Spokane, Spokane County, Washington, U.S. Army Corps of Engineers, Corps Reference Number NWS-2015-0914. g. Execution (signature) of this MOA by the Corps, DAHP, and the City and implementation of its terms evidence that the Corps has taken into account the effects of this undertaking on historic properties and afforded the ACHP an opportunity to comment. SUBJECT: Memorandum of Agreement (MOA) for Resolution of Adverse Effects to the Xxxxxx Street South Channel Bridge, Riverfront Park, Spokane, Spokane County, Washington, U.S. Army Corps of Engineers, Corps Reference Number NWS-2015-0914. SIGNATORY PARTY U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT By: Date: Title: Xxxx X. Xxxx Colonel, Corps of Engineers District Commander Contact Information: Xxxxx Xxxxxxx, Regulatory Cultural Resources Program Manager US Army Corps of Engineers, Xxxxxxx Xxxxxxxx X.X. Xxx 0000 Xxxxxxx XX 00000 Voice: (000) 000-0000 Email: Xxxx.X.Xxxxxxx@xxxxx.xxxx.xxx Note: Signatures continued on next page. SUBJECT: Memorandum of Agreement (MOA) for Resolution of Adverse Effects to the Xxxxxx Street South Channel Bridge, Riverfront Park, Spokane, Spokane County, Washington, U.S. Army Corps of Engineers, Corps Reference Number NWS-2015-0914. SIGNATORY PARTY WASHINGTON STATE HISTORIC PRESERVATION OFFICER By: Date: Title: Xxxxxxx Xxxxxx, Ph. D. State Historic Preservation Officer Contact Information: Xxxx Xxxxxxxx Department of Archaeology and Historic Preservation 0000 Xxxxxxx Xxx X, Xxxxx 00 Xxxxxxx, XX 00000 Voice: (000) 000-0000 E-mail: Xxxx.Xxxxxxxx@XXXX.XX.XXX Note: Signatures continued on next page. SUBJECT: Memorandum of Agreement (MOA) for Resolution of Adverse Effects to the Xxxxxx Street South Channel Bridge, Riverfront Park, Spokane, Spokane County, Washington, U.S. Army Corps of Engineers, Corps Reference Number NWS-2015-0914. INVITED SIGNATORY PARTY CITY OF SPOKANE, WASHINGTON By: Date: Title: Contact Information: Xxxxx Xxxxx Director of Spokane Parks and Recreation City Hall 000 Xxxx Xxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx, XX 00000 Agent Contact Information: Voice: (000) 000-0000 Email: XXxxxx@xxxxxxxxxxx.xxx Note: Signatures continued on next page. SUBJECT: Memorandum of Agreement (MOA) for Resolution of Adverse Effects to the Xxxxxx Street South Channel Bridge, Riverfront Park, Spokane, Spokane County, Washington, U.S. Army Corps of Engineers, Corps Reference Number NWS-2015-0914. CONCURRING PARTY SPOKANE TRIBE OF INDIANS By: Date: Title: Xxxxx Xxxxxxxxxx, THPO Spokane Tribe of Indians Xxxx Xxxxxx Xxx 000 Xxxxxxxxx, XX 00000-0000 Voice: (000) 000-0000 E-mail: Xxxxxx@xxxxxxxxxxxx.xxx Note: Signatures continued on next page. The Xxxxxxxxx Xxxx Xxxxx, Chair Contact Information: SUBJECT: Memorandum of Agreement (MOA) for Resolution of Adverse Effects to the Xxxxxx Street South Channel Bridge, Riverfront Park, Spokane, Spokane County, Washington, U.S. Army Corps of Engineers, Corps Reference Number NWS-2015-0914. CONCURRING PARTY SPOKANE PRESERVATION ADVOCATES By: Date: Title: Xxxxxxx Xxxx-Xxxx Executive Coordinator Contact Information: Xxxxxxx Xxxx-Xxxx Executive Coordinator Spokane Preservation Advocates XX Xxx 000 Xxxxxxx, XX 00000 Voice: (000) 000-0000 E-mail: xxxx@xxxxxxxxxxxxxxxxxxx.xxx Note: Signatures continued on next page. SUBJECT: Memorandum of Agreement (MOA) for Resolution of Adverse Effects to the Xxxxxx Street South Channel Bridge, Riverfront Park, Spokane, Spokane County, Washington, U.S. Army Corps of Engineers, Corps Reference Number NWS-2015-0914. CONCURRING PARTY WASHINGTON TRUST FOR HISTORIC PRESERVATION By: Date: Title: Xxxxx Xxxxx, Executive Director Washington Trust for Historic Preservation Contact Information: Xxxxx Xxxxx, Executive Director Washington Trust for Historic Preservation Xxxxxxx-Xxxxx Mansion 0000 Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxxxx 00000 Voice: (000) 000-0000 E-mail: xxxxxx@xxxxxxxxxx.xxx Note: End of signature pages
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Samples: Memorandum of Agreement
